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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 la? 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�_� �2 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:— � Stephen T. Pate, Senior Vice Presiden , spORRT� �a'y OCT, BY. sic ;w! 10 �S Charles L. Day, Assistant Secretary 0, 1 9 3 6 a 1 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 W W 2 y W H Q 1= y W H U) V G z a W H H z U W O a 000000 0000000000 OOOOOO 000000 000OOOOOOO o00000 ooui000 0000000uioo Mo,�oM�� ���69E9E9 696969f�69E969M69E9 li W OMNf�OO �--M M E9 �- •- 60P 6:1. 69 69 6% N G x 0 4 V z W LU y W m O z LL ~O z 0 0 0 0 0 0 0000000000 c c •) 0 0 0Lf) L J �1-LOLO00 1-h 1l-0000000 OCMMMc+M 6000C(IiOW),tI)LO, zZ0_ 6469.6960.00 6g64691�1l-0hCMMM O W 0 69 69 a 69 64 6H 69 69 EA 69 69 69,643 W 6Rs Fy- V W > 2 z y W IL W W _ z U. v U. > = W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 000000 O O O O O O O O O O O O O O O O O O C 0 0 0 0 0 0 O O O O O O O O O O O O O O M 69690069ER6H 69EAE9_OEA6964O6464 ONN000 W W Ci O C 6NR N ��►l>NtnoO d N :c ujF 6ap Eq 69 E9 6g 69 E9 z Q > c Q?�E- J 401. a 0a)U.0 H lz _c Xw0 > = 000000 0000000000 000000o ~ N O r r 5Z� U�' o0000o cc00000000 ouic000rnrn O x t*0 F- O — 69 69 O 69 60. 69 613169 69 0 69 69 64 O 610- 69 0 LO — J OC IL)U Z� Q CN N 0 Ef3 69 64 EA W Lu H—MWfA W> 6� > > a �zNaNa� z y ZOOLLVa_ H _VVO...QU W WONE 000 OOOr-000�00 `-M 0O0C14 Cl)0 � 0 =Z MM W LL ~ z z ui Z t m W V J P W Q W = 3 d F z> 0 J z waraa H �Z v WG LLW az O� to __ ______= zm d CO)� LLLL}}UU 1iL:LL 0V000 v)�-1itiLi}} Q J J U U a Q J J J Q Q Q Q Q Q Q Q = W W W W W W W W O V LL ILM � z O - Q LU aN c:3 'a z� CL ?: d c yC 3 w� N Q W a M cn 3 -� ° O c� Z 73 v>O m M°; N'm U� c > LL J ci O a0i c m m p_ O z z�0. ` 0 a0 � I— 0 c ; E �— Oa� mU u�ia`�i c 3 -,dU m'� � ) m aJ o a�� �c = CL c10O) 3 a =c w+ ° ��c w0 N �QQ CO) Ls ICJ- ad Z•�amp N a��0 ��° aO ` = a C W f% C C C Fi •C w C y C>_ C +� 'C N N O O h > LU 2 N O — c0 c0 m c0 N c0 ` N N= N> e mCL O L O Q' %\ 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 ONn3,w em3doos am� U (i�' �'iiit;I��i��jtl�ii: L1 I i iiiiiId will t �i �li r �� ill . II�II {'°.E� tE .t pI r. . L, rig j tttltilli _�w�__'�—_ oil /'• J � 1 � t � I A Hi � f ~+; ~._ .."^''�, ' • ' �;.: �'••. � r ."�,.'' � �aapapC�M�(([�[�� R� J 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