HomeMy WebLinkAboutFORT COLLINS BREWERY - Filed DCP-DEV. CONSTRUCTION PERMIT - 2009-09-21City O� Planning, Development & Transportation
Engineering Department
6rt Col l i ns 281 North College Avenue
PO Box 580
Fort Collins, CO 80522-0580
970.221.6605
970.221.6378 - fax
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: D R - I Issuance Date: O
Project Name: Fort Collins Brewery
Project Location: northwest corner of Lincoln Avenue and Lemay Avenue
Permittee: %,is FEE -`repC
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee (paid at the time of application) $ 400.00
Construction Inspection Fee (paid prior to issuance of this permit) $ S5.190,40
Total $ $5,590.40
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
$ _ 171,579.00
Form of security deposited with the City: development bond
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1. The Permittee shall be responsible to require their Project Engineer to incorporate into all design
drawings and specifications the certification of all materials testing by an Engineer. The Permittee
shall have an Engineer prepare revised design drawings and secure City approval for all revisions to
the Utility Plans and related documents. The Permittee shall have an Engineer represent, as required
by the City in the Development Agreement, that the improvements are constructed in conformance
with the approved Utility Plans and the standards and specifications of the City. The Permittee shall
provide "as -constructed" plans prepared by an Engineer prior to the City's acceptance of the
constructed public improvements. (All references above to the terms "Project Engineer" and
"Engineer" shall mean a Professional Engineer licensed in Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in conformance
with City requirements.
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RECEIPT.
CITY OF FORT COLLINS
NEIGHBORHOOD & BUILDING SERVICES
281 N. COLLEGE AVE.
Phone:970-221-6760
P. O. BOX 580
Fax: 970-224-6134
Application # : B0905252
Project Name (Subdivision) : FORT COLLINS BREWERY
Application Type : Building / Misc / General / NA
Receipt No.: 144379
Payment Method Ref Number Amount Paid Payment Date
Check 2194 $5,190.40 08/28/2009 03:14:59 PM
Owner Info.:
Cashier ID
MCHILD
Work Description: Development Construction Permit fee for Fort Collins Brewery ck# 2194
Comments
out west prop ck# 2194
Tt?108)
V�rsii:n 9s:?
https://dtsweb02.fcgov.comloperations/permit/index.cfm?FUSEACTION=ShowPayDetail40&RECEIPT_... 8/28/2009
M 256 Jackson Meadows Drive - Suite 201
IN LEXON Hermitage, TN 37076
■ INSURANCE phone (615) 250-3040
ME COMPANY fax (615) 250-3044
Bond 1040847
DEVELOPMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that we, Out West Properties, LLC,1208 N
CR5, Fort Collins, CO 80524 , as Principal, hereinafter referred to as the "Developer"
and Lexon Insurance Companv, 256 Jackson Meadows Dr., Suite A, Hermitage TN 37076, a
corporation organized under the laws of the State of Texas , as Surety, hereinafter referred to as
"Surety", are held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of One Hundred Seventy One
Thousand Five Hundred Seventy Nine --------------- 00/100Dollars ($ 171,579.00), to be paid to
the City, for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, firmly by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Fort Collins Brewery, located in Section 12, Township 7 North, Range 69
West of the 6ch P.M. , City of Fort Collins, CO and
WHEREAS, the City has approved said development project and the Developer and the City
have executed a Development Agreement dated pertaining to the development
project (the "Development Agreement") a copy of which is by reference made a part hereof, and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost to
construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be One Hundred Seventy One Thousand Five Hundred Seventy Nine -
--------- 00/100 Dollars ($ 171,579.00), with such Surety to be upon condition that the bond remain
in full force and effect until such time as the City releases such bond, which release shall occur upon
(1) issuance to the Developer of a notice of final acceptance stating that all of the public
infrastructure improvements have been completed in accordance with the approved plans for said
development project and the specifications and standards of the City; and (2) delivery to the City by
the Developer of a bond, cash or other securing deposit in a form acceptable to the City to guarantee
that the Developer shall maintain and repair all of said public infrastructure improvements in
accordance with the City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall truly
and faithfully perform to the satisfaction of the City its obligations in constructing, maintaining and
repairing the public infrastructure constructed in connection with the aforesaid development project
in accordance with the City Code (including the Land Use Code and Transitional Land Use
Regulations, as applicable), and the Development Agreement, then this obligation shall be void;
otherwise to remain in full force and effect.
DATED this 21" day of August, 2009
DEVELOPER:
Out West Properties, LLC
Printed Name
By:
lite:
SURETY: Lexon Insurance Companv
Printed Name
By: �(I /1 � MfjV
Attorney -in -Fact (attach Power of Attorney)
Jalene Brown
POWER OF ATTORNEY
Lexon Insurance Company LX 019269
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
Christopher L. Dobbs, Jalene Brown * * * * * * * * * * * * * * * *
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $ 7,800,000.00 Seven million eight hundred thousand dollars******+*****+**+**•*«**+*+**++**+«*s.*s
dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
0A%
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE l
Notary Public, State of Illinois
My Commission Expires 09/21/09
Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 21st
Day of August 20 09
pp
A
o ! TEXAS
X; INSURANCE D
Wj COMPANY
,• Donald D. Buchanan
'••..•„• Secretary
Development Construction Permit, Page 2/5
3. Construction time restrictions: N/A
4. The applicant understands that additional permits may be required for this development project
and the applicant shall secure those permits directly from the issuing departments.
5. This permit, along with a complete set of all approved plans and documents for this project
(utility plans, site plan, landscape plan, development agreement, soils report, pavement design, traffic
study, drainage report, plat easements and any other official documents), shall be kept on the
development site available for use by City staff doing inspections.
6. Permit Expiration (in accordance with Section 29-12 of the Transitional Land Use Regulations or
Section 2.6.3(K) of the Land Use Code, whichever is applicable):
a. If construction has not begun within sixty (60) days from the date of issuance of this
permit, this permit shall expire and the applicant will forfeit the permit fee paid for this
permit, whereupon the applicant must re -apply for a new permit.
b. In addition, this permit shall expire one year from the date of issuance. The applicant
may apply for an extension by reapplication at least two weeks prior to the expiration date.
Such application shall contain information sufficient to justify the granting of the extension.
An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will only be issued when all conditions contained
in the Development Agreement and Sections 3.3.2(C) and (D) of the Land Use Code or Sections 29-
678 and 29-679 of the Transitional Land Use Regulations, whichever is applicable, are met. If the
Development Agreement does not specify times for completion of public improvements, or if there is
no Development Agreement, then the improvement requirements specified in Section 24-95 of the
City Code shall apply, which provides that construction of all improvements shall be required prior
to the time of issuance of the first building permit.
8. Acceptance by the City of the public improvements shall be after (1) final inspection has been
conducted by the City; (2) punch list items from the final inspection are completed and accepted by
the City; and (3) required certifications from the licensed professional engineer that improvements
are completed to City standards, specifications and approved Utility Plans; and the "as -constructed"
plans have been received and accepted by the City.
9. The warranty on street improvements is for five (5) years from the date of acceptance by the City
of the completed improvements, in accordance with Sections 29-13 and 29-14 of the Transitional
Land Use Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of the Land Use
Code, as applicable.
10. The City Erosion Control Inspector must be notified at least twenty-four (24) hours prior to any
Development Construction Permit, Page 3/5
planned construction on this project. All required perimeter silt fencing and other erosion/sediment
control best management practices (BMP's) that can be installed prior to construction must be in
place and inspected by the City Erosion Control Inspector before any land disturbing activity begins.
11. No work (including grading) shall be started in State Highway right-of-way until a permit is
issued by the Colorado Department of Transportation to allow such work to begin.
12. Other conditions: N/A
Permittee's acknowledgment signature:
By signing this permit I acknowledges that I am acting with the knowledge, consent, and authority of
the owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and including common areas legally connected to or associated
with the property which is the subject of this application) without whose consent and authority the
requested action could not lawfully be accomplished. Pursuant to said authority, I hereby permit City
officials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perform work required of the applicant if the applicant were to fail to perform the required
work. I also acknowledge that I have read this permit document with all its requirements and
conditions, and I agree to all of the terms and conditions so stated in this permit.
Applicant/Project Manager' s Signature: Date: Z
Approval for issuance:
*.City Engineer
Date:
(P it I suance Date)
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
City Staff Contact Persons:
Development Engineer: Marc Virata
281 North College Avenue, Fort Collins, CO 80524
970 221-6605
Construction Inspector: Wayne Lenard
281 North College Avenue, Fort Collins, CO 80524
970 222-6824
Current Planner: Ted Shepard
281 North College Avenue, Fort Collins, CO 80524
970 221-6341
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, CO 80521
970 221-6854
Erosion Control Inspector: D.A. Black
700 Wood Street, Fort Collins, CO 80521
970 221-6700
Natural Resources: Dana Leavitt
281 North College Avenue, Fort Collins, CO 80524
970 221-6143
Traffic Operations: Joe Olson
626 Linden Street, Fort Collins, CO 80524
970 224-6062
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, CO 80524
970 221-6815
Forestry: Tim Buchanan
215 N Mason Street, Fort Collins, CO 80524
970 221-6641
Light and Power: Doug Martine
700 Wood Street, Fort Collins, CO 80521
970 224-6154
Development Construction Permit, Page 5/5
Developer' Contact Persons:
Developer/Owner/Applicant Tom Peters
Project Manager/Permittee: Out West Properties, LLC
1208 North CR 5
Fort Collins, CO 80524
970 472-1499 x 15
970 472-1520 (fax)
970 214-1976
tompeters@fortcollinsbrewery.com
Architect/Planner: Olexa Tkacheno
Preview Architecture & Planning
204 Walnut Street #A
Fort Collins, CO 80524
970 493-3391
970 493-3398 (fax)
of@previewap.com
Project Engineer: Bob Gowing
Apex Engineering
171 North College Avenue
Fort Collins, CO 80524
970 797-2906
970 407-9244 (fax)
970 219-2834 (cell)
chalfantl@ayersassociates.com
General Contractor: Justin Boyd
Boyd Excavating
PO Box 270262
Fort Collins, CO 80527
970 566-7590
iboyd@boydexcavating.com
Concrete Contractor: Mark Fuerte
Fuerte Concrete, Inc.
401 North Timberline Road
Fort Collins, CO 80525
970 218-9525
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THIS CHECK IS • • • e
OUT WEST PROPERTIES, LLC
1208 N. CR 5
Fort Collins. CO 80524
970-472-1"9
1F6ur Hu.wdnd awd No/uv Dollars
PAY
TO THE G.tj of r-ort col.l,Lws
ORDER
OF
OUT WEST PROPERTIES, LLC
PUBLIC SERVICE CREDIT UNION
7055 EAST EVANS AVE.
DENVER, CO 80224
25-7583/3020
I: 30 20 ? 58 301: 9 100 20 5 3 S Til
DATE
s/i:L/09
OUT WEST PROPERTIES, LLC
at of Fort calliv s pate: 9/25/09 cheole Av""wt 4-s,190.40
MOMO: 1>0P-1020 6. L i"ol.w Ave
L. § L. AetklsitiAw costs
4.5,190.40 DCVCI.O'P Kt CnwstmOtLOK, PCYVM.Lt
cheale .# 2189
AMOUNT
4400.00
cheole #2194
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RECEIPT
CITY OF FORT COLLINS
NEIGHBORHOOD & BUILDING SERVICES
281 N. COLLEGE AVE.
Phone:970-221-6760
P. O. BOX 580
Fax:970-224-6134
Application # : B0904836
Project Name (Subdivision) : FORT COLLINS BREWERY
Application Type : Building / Misc / General / NA
Receipt No.: 143875
Payment Method Ref Number Amount Paid Payment Date Cashier ID Comments
Check 2189 $400.00 08/13/2009 07:23:10 AM KTHARP DCP APPLICATION FORT
Owner Info.:
Work DCP APPLICATION FORT COLLINS BREWERY $400.00 CK #2191 OUT WEST
Description: PROPERTIES
T8108-D
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