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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - Filed DCP-DEV. CONSTRUCTION PERMIT - 2004-08-18DEVELOPMENT CONSTRUCTION PERMIT Permit Number: _ 04-23 Issuance Date: 8.4.04 Project Name: _ Discount Tire at Fossil Creek Project A.K.A.: Project Location: Southeast corner of Fossil Creek Parkway and College Avenue Permittee: Steve Vukov, CRG Construction (720) 641-8491 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) $ 300.00 Construction Inspection Fee (paid prior to issuance of this permit) $ _ 1,691.70 Total $ 1,991.70 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. $ 34,490.00 Form of security deposited with the City: Development Bond 9929333646 Western Surely Company PERFORMANCE REQUIREMENTS OF THIS PERMIT: I . 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 "Fngincer" 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. r ❑ Ln W M3 03 ooy� d CL m ni - n 0 N �_ 00 CD 0 CO - < O om3� n00 = 1 mDC/30 0 m 0 �N: Q-0 CD 0o 0 fD r S 0 c C N O n r 0 Z o N:(D N u oG)E o N 0 a) r 00 m Z C 0- 0 > N m 2 i7 N C Z O m m 0 o: 0 r r D w 0 n m * * n O O v * a Co fT1 o * p O n 'o' ^ r O • v' r in N = y V N co Le) �i 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 Ilse 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 delined in Section 1 -2 of the City Code: and including common areas legally connected to or associated ,viih 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 1 agree to all of the terms and conditions so stated in this permit. Applicant/Project Manager's Signature .� Date: gl0q Approval. for issuance: e_ _f� I City Engineer Approval: Date: q/4 (Permit Issuance Date) Development Construction Permit, Page 4/5 EXHIBIT "A" DEVELOPMENT PROJECT CONTACT PERSONS Name, address and numbers Project Name: Discount Tire at Fossil Creek Project A.K.A.: Discount Tire City Staff Contact Persons: Development Engineer: Katie Moore, 281 N. College Ave., Fort Collins, CO 80522 (970)221-6605 Construction Inspector: 281 N. College Ave., 221-6605 Current Planner: Bob Barkeen, 281 N. College Ave., 221-6750 Water Utilities Engineer: Roger Buffington 700 Wood Street, Ft Collins, CO 80521 970 221-6854 Stormwater Utilities Engineer: Glen Schlueter 700 Wood Street, Ft Collins, CO 80521 970 224-6065 Erosion Control Inspector: Bob Zackley 700 Wood Street, Ft Collins, CO 80521 970 224-6063 Natural Resources: Doug Moore 281 N. College Ave, 221-6750 Traffic Operations: Eric Bracke 625 Ninth Street, Ft Collins, CO 80524 970 224-6062 Street closures: Syl Mireles 625 Ninth Street, Ft Collins, CO 80524 970 224-6815 Transportation Planning: Kathleen Reavis 215 N. Mason St, Ft Collins, CO Development Construction Permit, Page 515 970 224-6104 Forestry: Tim Buchanan 215 N. Mason St, Ft Collins, CO 970 221-6641 Light and Power: Doug Martine 700 Wood Street, Ft Collins, CO 80521 970 224-6152 Developer' Contact Persons: Project Manager/Owner/ Attn: Rich Sommer Developer: Halle Properties, LLC (owner/developer)/Discount Tire Company, Inc. 20225 N. Scottsdale Road Scottsdale, AZ 85255 480 606 5931 602 4212144 cell 480 606 4370 fax rsommer@discounttireco.com Planner: Linda Ripley VF Ripley, Fort Collins 970 224-5828 x123 Project Engineer: General Contractor: Jack Blake Stewart & Associates, Inc. 103 S. Meldrum Street Fort Collins, CO 80521 970 482 9331 970 482 9382 fax Ronnie Rieff CRG Construction 8200-C Nashville, Suite 205 A Lubbock, TX 79423 808 794 9846 808 794 6972 rrieff@crgconstruction.com Steve Vukov Cell: 720 641 8491 31-2004 13:35 FROM-STEWART AND ASSOCIATES +9T0 482 9382 T-239 P.001/002 F-390 N 1'- e 0 b c P p P o 0 0 o a p p p o 0 o O O O o P o P a 0 0 0 O O O O O p p p o p 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 C C 0 0 0 O O O O P O O C C C O O O C C w � fq W wtt�n GGO w O wf9 f9w wwwfA V)f1)f9 df t9w � T� f9m N @ 4 w w w w ci 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O P o o g 8 8 g O O O O O O O O O O O P o o O O O O C P O p a 0 0 0 0 0 0 0 0 0 C O O O N co O O O p pp p O O oo T r' O [�Iw00000 P o4od ON NNwmSPNONO a- fif N U) N m N Pon P N O M to fn m fn m N to N O w t9 M fA CJ b 0 0 0 0 0 0 0 0 0 0 0 0 O O O o o P 0 0 0 0 Comm N N O O O O O O O O O O O O O O O O O O O O o O N O O m pi M C C C 0 0 0 0 0 0 0 0 0 O O O O C d C C C 0 N (O C fp w � w 0000000000 n N o= m O n m m T= Y Y m Y m m m m m m m m m UY U. LLUQUQ>UUQUQUQUdUd LLLLtl,U UUUUUU miLLLLLL aU J W WJ W W W W W ^a U) 0 0 0 0 o d P o 0 0 0 0 0 0 a>m000PPP00000p 0 0 0 0 0 0 0 0 o mmmopPdaa Coco MWt00p ei c e e m d d c d d d d c M wwmawrnfarnrnrnrnfnrnw w w w w w w w w w w a c c o C o C C C wwwf�m��mw Mw Mw 6000 �nwww cu a a C y y o c dti mUrU °•V 33 --rTU omNEN c�t)S_ Fcm ICalY) Qmym !maL o.r - V�U Fa�3mm `LcWUrn`a FNa�rTa Umxa 3ym mmcF 3Ny i-c.d. �.mdZm'imLC�mGIO N�J>o�miiiA�a�1O' ao LU CD J mq E—C7 d > ap 2 v2YcIOLL)oo:$WA O DISC TIRE FiC Eng 0e'/HONma-99 doe DEVELOPMENT BOND Bond 4929333646 KNOW ALL MEN BY THESE PRESENTS: that we Halle Properties LLC, an Arizona limited liability company (d/b/a Discount Tire Company) , as Principal, hereinafter referred to as the "Developer" and Western Surety Company , a corporation organized under the laws of the State of Iowa, 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 Thirty Four Thousand, Four Hundred Ninety and no/100ths Dollars ($34.490.00), 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: Discount Tire at Fossil Creek located in Section 1, Township 6 North, Ranee 69 West of the 6`a P.M., City of Fort Collins, County of Larimer. State of Colorado ; and WHEREAS, the City has approved said development project and the Developer and the City have executed a Development Agreement dated July 27, 2004 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 Thirty Four Thousand, Four Hundred Ninetv and no/100ths Dollars ($34,490.00), 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 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 Cityto 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 29th day of July 2004 . DEVELOPER: SURETY: HALLE PROPERTIES, LLC, an Arizona limited liability company (d/b/a Discount Tire Company) By: _7� Title: (_ . Copy 0 WESTERN SURETY COMPANY David G.Jensen Attorney -in -Fact (attach P w of Attorney) NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writ.int; Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Sjirety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of I lartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCi.OSUFE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay n nett' percent (90%) of covered terrorism tosses exceeding the applicable surety/insurer deductible. Form F7310 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY —IN —FACT Know .All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Maryann Carafello, David G Jensen, Michael C Metzger, Thomas O Wilder, Terry Crull, Brandy L Baich, Individually of Phoenix, AZ, its true and lawlul Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said .Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation_ In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 10th day of July,.2001. WESTERN SURETY COMPANY cr, CA =fir ggr�i. zI �Ae r4 /gyp rp rwK° Stephen T. Pate, Executive Vice President State of South Dakota County of Minnehaha S ss On this 10th day of July, 2001, before me personally came Stephen T. Pate, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. - My commission expires r J. MOHR { r October 22, 2005 ±NOTARY PUBLIC SEnL { S1' SOUTH DAKOTq r ' st c....... E.,v ro-ze-zoos { l L� 1, Mohr, Notary Public CERTIFICATE - 1, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and atfixcd the seal of the said corporation this day of �� V �""* WESTERN , C SURETY COMPANY _"I"' O_V 4"l . Form F428044-0i L. Nelson, Assistant Secretary