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HomeMy WebLinkAboutCREGER PLAZA SUBDIVISION REPLAT LOTS 1-4 - Filed DCP-DEV. CONSTRUCTION PERMIT - 2009-07-09aT , C'}` , Planning, Development & Transportation • o� Engineering Department 281 North College Avenue 6rt Collins PO Box 580 Fort Collins, CO 80522-0580 970.221.6605 970.221.6378 - fax DEVELOPMENT CONSTRUCTION PERMIT Permit Number Issuance Date: Project Name: Chick-fil-A at College Ave. & Horsetooth Rd. Project Location: 3605 S. College Ave, Fort Collins, CO 80525 Permittee: Steve E. Lewis 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) $ 200.00 Construction Inspection Fee (paid prior to issuance of this permit) $ 731.00 Total $ 931.00 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. $ 12,020.00 Form of security deposited with the City: I��+,�T7, 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. DEVELOPER: IM Landmark General Contractors, Inc. Printed Name SURETY: Merchants Bonding Company (Mutual) Printed Name By: &45 _ f �Lfk p -��I Rosemary Weaver Attorney -in -Fact (attach Power of Attorney) POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Bond No. KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kevin Graves, Bina T. Penaflor, Barbara J. Ralston, Mark R. DeWitt, D. Gregory Stitts, Rosemary Weaver and/or Mistie Beck of Dallas and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of February , 2009. . Vkpo •.�'. 2003 a; •, mob. •:a . STATE OF IOWA COUNTY OF POLK ss. . p\!1G .. CD,t�A • �o�POq •.y• a' 1933 ; c; ;yam•.• • ti. •�b�k..... •`�d� . MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By 7,7� President On this 4th day of February , 2009, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. �p CINDY SMYTH �. Commission Number 173504 My Commission Expires STATE OF IOWA March 16, 2009 Notary Public, Polk County, Iowa COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of OkAl ., 40 " POq' . Co Z 2003 a, ••V,6' •....•• •.•. ••• 00��RPOq' 'Oq• s 1933 6; Secretary NBC 0103 (1/06) 36 Chick-fil-A at Horsetooth and College 6/24/2009 DCP PRECONSTRUCTION MEETING ATTENDANCE SHEET Contact name ,9V>'�l�et ✓ �c� n�/ Company Name Address 2C Phone Number/email address Lo o k ;�Ploe riv\, C),. e FC 0671-1-A-1 c14-S-7 QL ) ,% / lJ ;'t , -lJ z r S : j- Y 11-4 C L 5 & r7 —c ,L LA 5 7fr�� U v✓r�l� Gi-L 7._ 7, 5 - 7 e r5 o rl e /Y- ,—r rv`>F C O �h i n e e ri n � S�� ��3h '� �- G./G14 ,Z2.7-s? -� C979) zz4-��s.z a V R qs o 5 , /e� lu kirova Development Construction Permit, Page 2/5 3. Construction time restrictions: 4. The applicant understands that additional permits maybe 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: 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 Signatur Date: Approval for issuance: City Engineer Approv : Date: py�, (Permit Issuance Date) Development Construction Permit, Page 4/5 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Project Name: Chick-fil-A City Staff Contact Persons: Development Engineer: Andrew Carney, 281 North College Ave, Fort Collins, CO 80522 Office: 970-221-6501 Email: acarneykfc o� v.com Construction Inspector: Marc Virata, 281 North College Ave, Fort Collins, CO 80522 Office: 970- 221-6567 Cell: 970-217-0552 Email: mviratanfcgov.com Water Utilities Engineer: Roger Buffington, 700 Wood Street, Fort Collins, CO 80521 Office: 970-221-6681 Email: rbuffing-ton a,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 o� v.com Natural Resources: Dana Leavitt, 281 N. College Ave., Fort Collins, CO 80521 Office 970-224-6143 Fax 970-416-2020 Email: dleavitt a,fcgov.com Traffic Operations: Street Closures: Syl Mireles, 626 Linden Street, Fort Collins, CO 80521 Office 970-221-6815 Fax 970-6282 Email: smireleskfcgov.com Transportation Planning: Denise Weston, 215 N. Mason, Fort Collins, CO 80521 Office 970-416-2643 Fax 221-6239 Email: dwestongfc og u.com Forestry: Development Construction Permit, Page 515 Ralph Zentz, 215 N. Mason, Fort Collins, CO 80521 Office 970-224-6302 Fax 970-221-6586 Email: rzentznfc og v.com Light and Power: Doug Martine, 700 Wood Street, Fort Collins, CO 80521 Office 970-224-6152 Fax 970-221-6619 Email: dmartine iefcgov.com Developer' Contact Persons: Project Manager: Steve Lewis, Chick-fil-A, Inc., 5200 Buffington Rd., Atlanta, GA 30349 Office:404-305-4549 Cell:404-695-1025 Fax: 404-684-8550 Email: steve.lewiskchick-fil-a.com Developer: Steve Lewis, Chick-fil-A, Inc., 5200 Buffington Rd., Atlanta, GA 30349 Office:404-305-4549 Cell:404-695-1025 Fax: 404-684-8550 Email: steve.lewisgchick-fil-a.com Owner(s): Allen Ginsborg, New Mark Merrill Mountain States, 5700 Hearthstone Circle, Fort Collins, CO 80528 Office:970-377-1135 Cell:970-481-6632 Email: aginsborg@poudre.net Planner: Thomas Ryan, BBI Architectural Services, 5800 One Perkins Place, Suite 613, Baton Rouge, LA 70808 Office: 225-761-5191 Fax: 413-410-7730 Email: Thomas@bbiusa.com Project Engineer: Sac Ayala, Merrick & Company, 2450 S. Peoria St, Aurora, CO 80014 Office:303-353-3694 Cell:720-732-2430 Fax: 303-752-4451 Email: sac.ayala@merrick.com General Contractor: James Coston, Landmark General Contractors, Inc. 756 N. Carrol Ave. Southlake, TX 76092 Office:817-424-0888 Cell:817-913-1433 Fax: 871-488-2771 Email: jcolstonklgcinc.com OOOOoo OOOOOO 000OO00000 00000OOOoo OOOOOO OO0000 p` O 0 0 0 6 0 0 64 64 69 69 ER 69 O O O O O C 6 O C O C p In 69 ti r` r` E1) O r- M CO) Ch C M O O O G O O r` r- 69 69 69 r C W 69 69 69 6 69 69 69 69 69 69 64 M 0 J x Z O V FLLI ? 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N 7 y V Q ~ w y Z 0 O W O y 2 w d 3 J c 0 W O Vz O c U u C a� > tL ac- J� z a U 7 a N a U) �' 0 N Q 3 im e 0 IL d0- `0.?, c°� � c•dU 8 �Q Q aJH Q m N y �� �41 a>c c c U) ro N =m m y H c� Q Q vs ad � � cn v m a " � 75 o m c y rn a) a� � m QO :: :: :: «? d `a m O p v L y N p� W- c c c c r 'y d O m __ m �; c c O c> 4) c CCI m > m d > m m m N m > uyi 7 N 0 Q 2 F a U im COWS -U�Q m �foo 3: Rr m>2LL.� fn c9a U0aQU i N V N ^ Ol O N n N N N N N N N N N p N M M M coA coM M pp M M a c o Q ii 0 0 0 U LL ■■■■■■■■■©■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■soon ■Ta ■■■■■■©■■■■Woos■■■■■■■■■■■■■■■■■■■■■■■■■■nnn■■■■ ■�■■■■■■■■■n■Woos■■■■■■■■■■■■■n■n■■■■■■■■■■■■■■■■■ ■�■■■■■■©■■n■Woos■■■■■■■■■■■n■■■■■■■■■■■■■■■■■■■n■ ■®■©■■■Woosn■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ I Bond No.: C0054400 DEVELOPMENT BOND KNOW ALL MEN BY THESE PRESENTS: that we, Landmark General Contractors, Inc. , as Principal, hereinafter referred to as the "Developer" and Merchants Bonding Company (Mutual) , a corporation organized under the laws of the State of IA 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 Twelve Thousand, Twenty Dollars and No/100--------- Dollars ($_12,020.00 ), 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: Chick-fil-A Restaurant #2346 ; and WHEREAS, the City has approved said development project and the Developer and the City have executed a Development Agreement dated N . ' 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 Twelve Thousand Twenty Dollars and No/l00 Dollars ($_12,020.00 ), 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 proj ect 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 26 day of June 1 2009