Loading...
HomeMy WebLinkAboutFOOTHILLS FASHION MALL EXPANSION - Filed OA-OTHER AGREEMENTS - 2004-07-26MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered between the parties undersigned this 27th day of July, 1987, for the purpose of expressing their intentions and agreements in respect of future planning and actions in the Foothills Fashion Mall, Arena, Foothills Square and Foothills Plaza areas. The parties submit to the Planning and Zoning Board as an inducement to its favorable action on the matters presented to it this date by the said parties their agreement as follows: Everwest, a general partership, and Arena Associates Ltd., a limited part- nership, having; before the Planning and Zoning Board for the City of Fort Collins for final approval certain modifications to their respective Planned Unit Development plans and documents, firmly agree in principal with the pro- posed "Foothills Loop Road" (or whatever it may ultimately be called) as the same has been illustrated to the staff and, in somewhat less detail, presented to the Planning; and Zoning Board. The parties recognize that it will be necessary to have the concurrence and cooperation of Foothills Square, Ltd. and Plaza Associates Ltd. and the Sears company in order for the Foothills Loop Road to become an actuality. Each of the parties have relationships to the parties whose concurrence is required, and each covenants with the Planning and Zoning Board to exercise due diligence, good faith and best efforts in order to secure the cooperation of the named entities in order that the Foothills Loop Road can be completed at the earliest practical date. The parties agree that the Foothills Loop Road should be well identified, distinctive and suited to the function that it has been designated to serve. In this regard the parties further agree to construct, delineate, light, landscape and appoint and sign said anticipated BK11.21/EVERWESTL Foothills Loop Road in such general and specific manner, consistently applied, as may reasonably be requested by the city planning staff serving the Planning and Zoning Board. Each of the parties agrees to initiate the new amended PUD requests as necessary for and in behalf of the Foothills Fashion Mall, Arena Associates, Foothills Square and Plaza Associates as soon as the matters subject of such amendments can be reasonably defined and properly presented. Notwithstanding the foregoing, it is nevertheless understood that bona fide lack of available funds for construction may be a factor influencing the actual timing of the commencement of some portions of the construction and the staging of other- portions and features. EVE By ARENA ASSOCIATES LTD., A Limited P artnert�MI� By E. E, x HELL & CGene�al Partner By B K11. 2 1 / EV E RWE S T2 resident SH No/MP/Side: so- COLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: Dist/Section/Patrol: /04 STATE HIGHV�',AY ACCESS PERMIT DOH Permit No.: r f" 0 SW'ilrl: Larry Jul'iqiJayer (493-114'63 between 7:30-813G, a.;,,i. ) Permit Fee: ,,,?05 Janis Courr/LaPorte, C0 80535 Date of Transmittal: THE PERMITTEE; Ji ty of Fort Col I i iis ENGINEERING DEPT. NOTE: P. ill. Sox 560 THIS REPRESENTS THE BEST QUALITY IMAGE POSSIBLE TAKEN C i 0 -5 21 -9 FROM VERY POOR QUALITY "hone: 221-W50 (,'Nke He rz i q) ORIGINALS is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: 7 `, a .J­anc(! z L d I liiin-ivay ACCESS TO PROVIDE SERVICE TO: i:-,iprove!-,;ent of- the ;�Xist"irig '!ors„rloo�.h 111oad CIPS�cti oil 1,11e j�cist s i (13 •,-jf th,3 ni oovia OTHER TERMS AND CONDITIONS: h i _ -;ormi t i s Only f o r use a iid ;) u r!-.,,) _s e s in t',,.2 Aopl icat 4 1- n anri 2-r-rii A ch.-,.n(.IP In use of th-2 orcoorty %.,hich r-sul !:s in a chancie in the type of t.:Jvetlav r� - - F -f� I oca ti n I , ­ ;- .? (irivm-my 0 e r -� t n y re a u 1 re c o n � t ruc t,. n , i or mitomance wr ,7 1, 13 Ccclss ("ode. ' .!,2cans�:ructinn or imrovc-.iants to the access racy be mien the perplirt.,!­ -et requir,rll specUicatzions of dZsi9i-. or- r­ia�erials. if all", fails Jt1iin two years due to iripropor constructioo or structi- i .Aement- J( for all ', -)a i r sn.ec-i.- -,ati,lns., the p,,2rm1tte 'is res onsible F 1Ili s access shall t" r,_constriActed according t, Ex!,,ibi' `3 ,**'H:_r DESITI ATTPOINENT "EHIBIT A"*.* MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted aCCE!SS shall be cpmpleted-in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify U.drU110 �Issofl with the Colorado Department of Highways in Love i and at 6 6 7 ­6 '_30 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority, to accept the permit and all it's terms and conditions. ` " Date %/ I / I / I , - Permittee (X) This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, DIVISION OF HIGHWAYS ROBERT L. CLEVENGER, CHIEF ENGINEER a i nr nde I ,inance Sui)erirfT:;7� _nt I By (X) Date —Title Dfstrict IV (Date of issue) COPY DISTRIBUTION: ftcluifed, Make copies as necessary for. Previous Editions are Obsolete and will not be used 1. District (Original) Local Authority Inspector DOH Form 101 Applicant MTCE Patrol Traffic Engineer 9/85 ;fail ROW EXHIBIT A DESIGN 1. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 2. The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drain- age control. 3. The horizontal axis of the access shall be at a right angle to the centerline of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 4. Construct handicap ramps at the intersection of sidewalks and curbs. 5. Drainage to the State Highway right of way shall not exceed the historical flow. 6. If frost is present in the sub -grade, no surfacing material shall be placed until all frost is gone or removed. 7. Owner is responsible for any utilities disrupted by the construction of this access and all expenses incurred for repair. 8. Construct Division of Highways Type 2 (Section II B) curb and gutter. See attached specification sheet. N SH No/MP/Side: -Oi / *.:• �i t' i f�ilL COLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: ort Cc, I I ins Dist/Section/Patrol: 04/101 /(?i<- STATE HIGHWAY ACCESS PERMIT DOH Permit No.: = 6),0 ;8 S);11111: Larry iungiaeyer (4':J3-1463 'oet:reen 7:30-8:30 a.lf) Permit Fee: / ' f: uc,i? e f.C(!r'T-' cttJor'1 C' o6535 Date of Transmittal: �c THE PERMITTEE; ENGINEERING DEPT. NOTE: THIS REPRESENTS THE BEST QUALITY IMAGE POSSIBLE TAKEN FROM VERY POOR QUALITY ORIGINALS ?hone. 221 67�G i,: i;< ►,,;,,iq is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: 1'.' -�i , I S .iri.. Q,,7 ..L ACCESS TO PROVIDE SERVICE TO: r,Jcii 11 C_ .. ... i .�1 ii �,�<-� oate ... vl�.°j.�. + ',� it .iq i' I:'t/i OTHER TERMS AND CONDITIONS: 'I'll r i -nl J flir t!i_1 L"' 11 Mirnose S ..a Cnd -in :2 `},pp i i Cat 1 Jii ::ili n Ciiaitog iil !,iSi' U'i' i:he i-inich results in a CrliiMlp ill f;lln hype of CIrltle,:ay or ccili�ona.aitt12 o1 A. cons :ruf;i,l _),i Cr 1�1prQVci?'F' iC CO C.ir_' access ;ii3t/ �i? F'=:tlUl)'f'�1 '.Ii12Yr t:il3 iJQriill L' 2:` I'%iS a o 'e;. r?t } `': "'t:1 1 _t.,l (iT 2Si ';l �i' Li'.'1 15. T} .,il` Cull- �r!''IC .,i'. ?I _:'l'_'fl•. i iil ►s ::'i i t T:. i. ';1 ,'aar"5 CIY:.. :0 i�r[)i"OY' :C!;;�rUCtiOn .'�' ,,'r `r;:.l {or a f.' 3. T,S access si:aTT reconsi:r'uct-2d accordini-i to Exhibl tt';tr scE ►.Esrrrt �1TF irtS;lr.:►E:lT u E xdID" IT i MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Par I rl 5i soft with the Colorado Department of Highways In I nvoIn nH at 66-4tgn at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and all it's terms and conditions. Permittee (X) ' .'.�� .n Date .L 4fr/_SCYriy�,..f7bs, This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, DIVISION OF HIGHWAYS ROBERT L. CLEVEN EAR, CHIEF ENGINEER i 1�}—,-r By (X) `` - Date / / Title �i;ftt�nance SufJ2rinten�'dntI I (Date of issue) COPY DISTRIBUTION: Required,- Make copies as necessary for; 1- pistrtct (Original) Local Authority Inspector �2. Applicant MTCE Patrol Traffic Engineer Q. ff cinw Previous Editions are Obsolete and will not be used DOH Form tot 9/85 EXHIBIT A 'DESIGN 1. The first 20 feet byond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drainage control 2. The horizontal axis of the access shall be at a right angle to the centerline of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 3. Construct handicap ramps at the intersection of sidewalks and curbs. 4. Drainage to the State Highway right of way shall not exceed the historical flow. 5. If frost is present in the sub -grade, no surfacing material shall be placed until all frost is gone or removed. 6. Owner is responsible for any utilities disrupted by the construction of this drive- way and all expenses incurred for repair. 7. Construct Division of Highways Type 2 (Section II B) curb and gutter. See attached specification sheet.