Loading...
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. Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 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 H w w x N w Q p U) w F.. O U 0 z Q U) w p z Q C'1 U w 0 w a O O O O O O 000000 O O O O O O O O O O Ih o"9000000 coO O O co,O OOOOO 0)OOLnLnM (CM LLO6A��O Mihr-000OLn0Ln .-ODON I� O M I- M 1-t69Lc) M000MO w69M 0614 G w 61i 69 6A 6A V•69N N64.-69 6A 60. 69 64 69 69 V (O64- 6% 61), 64 O U _A U W W IL m OZLL z c� 000000 i'-f4�LAtn00 0000000000 f-tl-h0o00000 LO 000tnLn V•OOO V•� \/ J 0 J F- r Z z FFF*�^ OOCl) (Y)Cl) Cl) 6H fR 64 60* O O 0O0O0m0LO0LO 61).69 64 N N O N M M M EA E9 69 ER Efl fR O = w V 6� 6% 6i3 6FS 6F} 6f} 6F} 6H N w f- Uw>x z Uj aa U) LLI 0� d m W 2 w j w 000000 Lno0oo0 0000000000 (DOoao00000 0000000 99C 0pw7CD O }. ' a } 0(OOLnLO0 — (O EA M f- O M V• (D e- .-- WOOL) OMOOO V• 0 69 0 00 0 C 0m m t- 0C)0w -T mo LO M 64 0 V' M 64 U< w U V• — cc 0 N V V M V f-. I- 'It — LL 0) w � ��6N9 O(0 V• N V• Ne- M NEl4 E9 ER 6A E9 6ii 69 69 69 . N .- 69 2 F- Ffl 69 V9. U) JQ�Q J' a OWZU O > }. w w LU x ((O cooOOOO (0000000OOOOOO O0) Oaco0000)O z } O— w H } M LO O Ln Ln O LO 6A 6A M Cl) O V• c0 O O 00 O Cl) O 00 LO M V' 61i O w O O m ti N O O O 0 r-- O LO M 61) .- N N 69 U _ Z w Q m U) (O 14, .- M N N 613,611, 00 M — a0 Vr N V• 6FJ, N N N 69 69 6i} 69 � w w w j = w H Q Eta 69i 0% e- M 64 69 64 64 6A LL 0 U)�dQ w> J Z Co LL IL zUUO VQV ' m 00C) u)e- ��fD(O�NM��� �00000O)O 00 O a ui �- U. ? LU 0 w }Z o W W U W Ix Q��O z a Qua F4- �t'i z wa 0 wo y z N. w O= �- zo0o w JJ()U W W JJJwwwwwww JfnJJ_i(q(q UO LLJ =� LL L Z Co mH m =U LU U W � i Fy- J U W o w a =3 d c y W U)z 2 Qw a 3 o cc _ (D _ tn•C V ui m� 30 (D f0 n �_ Q Q z z a Oaf a `D a(6i. CU � U) �' 0 3 ^�U m � E a)a� a �Q U CL m v 2 m fl �', m e c v c yU) 3 m a)•� U) U .. � c H w0 W p' Q Q N 2 � C� a) O ad ?, (A -0 � a m p >' O N` N p� aci C� O .0 c 0- f- F- w O U-" V M _ ` > a+ C E atj y f0 W N 0 G N p f0 C f0 .0 fU IE C N a) N 4) c6 > O 0 O �. N M N fp r ap Q� O N M V N (O Im m N N N N N N N N N N M p � O N M M M M M M n cp M M O O M V N M V Q O i 9 sere lot C C r � O O y7 2 e. e R eke 7 F pp9p�py8y�� 7 > R z c 119 NORTH LEM" AVENUE e •... 3 {� ARCHITECTURE + PLANNING, L.L.C. 78 O i 204 WWmit Stcel, SuiW A - Pon Collim - Colorado - 90524 . r �3. � iiii8, n Ph 97049`�.3 9�t.rom wlmedo@p9en.4 3.3399 rom g b m tRochester, Michigm Port Collin, Colorado 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 Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 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 Version 4.0 https://dtsweb02.fcgov.comloperations/permit/index.cfm?FUSEACTION=ShowPayDetail... 8/ 13/2009