HomeMy WebLinkAboutMILLER BROTHERS FOOTHILLS SIXTH REPLAT PART OF TRACT A KING SOOPERS FUELING STATION - Filed DCP-DEV. CONSTRUCTION PERMIT - 2009-06-16City
Of Planning, Development & Transportation
Engineering Department
6rt Collins 281 North College Avenue
PO Box 580
Fort Collins, CO 80522-0580
970.221.6605
970.221.6378 - fax
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 09-05 Issuance Date: Z
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Project Name: King Soopers Store #9 Gas Station
Project A.KA: N/A
Project Location: 1001 South Taft Hill Road (Southwest corner of Elizabeth and Taft Hill)
Permittee: John Attwood
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) $ 1,294.00
Total $ 1,694.00
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.
$ 40,229.00
Form of security deposited with the City: 1?Eyee ag AYea-rZ�_�
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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.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint:
***Scott Metzger, Scott White, Timothy Mitchell, Ann Ritacco, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attdrney(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cerAcate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by
their respective Assistant Secretary this January 1st, 2008.
�, AND
By:—
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Stephen T. Pate, Senior Vice Presiden
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BY.
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Charles L. Day, Assistant Secretary
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State of California
'
County of Orange
On January 1st 2008 before me, Christopher J. Roach Notary Public _
Date Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L. Da
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to
.+.ii.r►.�.w . „ the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
CHRlSTQPNER J. ROAGFI capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
o COMM, # 1745939
' NOTARY PUBLIC CALIFORMA p I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNTY true and correct.
dMywmnrl.woms May 19, 2011
WITNESS my hand and official seal.
Place Notary Seal Above Signature—.�����
Ch er J. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in
force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 12 t4ay of June 11009
By'
Albert Hillebrand, Assistant ecretary
ID-1 438(Wet)(Rev.1 0/11)
Development Construction Permit, Page 2/5
3. Construction time restrictions: 411.4
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: The signed corporate Guarantee shall be provided to the city prior to the
issuance of this permit as stated in Section D.1 of the Development Agreement
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: D S -2 -7 -ay
Approval for issuance:
City Engineer ApproT- CW 61 Date: & / Z OT
(Permit Issuance Date)
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name:
Project A.K.A.: King Soopers Store #9 Gas Station
City Staff Contact Persons:
Development Engineer:
Andrew Carney, 281 North College Ave, Fort Collins, CO 80522
Office: 970-221-6501 Email: acarney@fcgov.com
Construction Inspector:
Jeff Baldwin, 281 North College Ave, Fort Collins, CO 80522
Office:970-221-6605 Cell:970-218-2157
Email: jbaldwin@fcgov.com
Water Utilities Engineer:
Roger Buffington, 700 Wood Street, Fort Collins, CO 80521
Office: 970-221-6681 Email: rbuffin ton ,fcgov.com
Erosion Control Inspector: D.A. Black, 700 Wood Street, Fort Collins, CO 80521
Cell 970-218-3011 Fax 970-221-6619
Email: dblack ,fc ov.com
Natural Resources:
Dana Leavitt, 281 N. College Ave., Fort Collins, CO 80521
Office 970-224-6143 Fax 970-416-2020
Email: dleavittAfc1zov.corn
Traffic Operations:
Street Closures: Syl Mireles, 626 Linden Street, Fort Collins, CO 80521
Office 970-221-6815 Fax 970-6282
Email: smirelesgfc ov.com
Transportation Planning:
Denise Weston, 215 N. Mason, Fort Collins, CO 80521
Office 970-416-2643 Fax 221-6239
Email: dweston@fcgov.com
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Gatos-oway
Planning, Architecture. Engineering
May 18, 2009
Andrew Carney
City of Fort Collins
281 N. College Ave., 1st Floor
Ft. Collins, CO 80522
Re: Project Schedule for Construction of Gas Station at 1001 South Taft Hill Road
Project Schedule:
Start Construction on June 16, 2009
June 16, 2009 through June 30, 2009 - installation of traffic and pedestrian barriers start
demolition of site with removal of existing underground fuel storage tanks.
June 30, 2009 through September 09, 2009 construction of new gas station with
installation of new underground fuel storage tanks to be installed first week of July to be
coordinated with Poudre Valley Fire Department.
Gas Station opens to the public on September 09, 2009
Sincerely,
Galloway
Matthew Duhaime P.E., P.L.S.
Project Manager
mattduhaime@gallowayUS.com
cc: none
KS112 - project schedule.doc
Galloway & Company, Inc. • Phone 303.770.8884.5350 DTC Parkway, Greenwood Village, CO 80111 • www.gallowayUS.com
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DEVELOPMENT BOND
COPY
Bond No. 884965E
KNOW ALL MEN BY THESE PRESENTS: that we, The Deer Creek Corporation, 700
Corporation Circle, Suite N, Golden, CO 80401, as Principal, hereinafter referred to as the
"Developer" and Developers Surety and Indemnity Company, a corporation organized under the laws
of the State of Iowa and duly licensed to conduct a general surety business in the State of Colorado,
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 Forty Thousand Two Hundred Twenty -Nine Dollars ($40,229.00), 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: King Soopers Store #9 Gas Station (1001 South Taft Hill Road); and
WHEREAS, the City has approved said development project and the Developer and the City
have executed a Development Agreement dated May 4, 2009 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 Forty Thousand Two Hundred Twenty -Nine Dollars ($40,229.00), 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 ifthe 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 12 th day of June 2009
DEVELOPER: The Deer Creek Corporation
Printed Name
By:
e: ry G.resse t President
j
SURETY: Developers Surety and Indemnity Company
Printed N e
By:
Attorney-i attach Power of Attorney
Timothy tchell