HomeMy WebLinkAboutHARMONY SAFEWAY MARKETPLACE PUD - Filed OA-OTHER AGREEMENTS - 2004-11-12HARMONY SAFEWAY MARKETPLACE P.U.D.
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this S ""day of n--i
of 199 ` , by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City";) and SAFEWAY INC., a Delaware corporation, ("Developer") is an
amendment to that certain Development Agreement dated June 10,1997 by and between the City
and the Developer, collectively hereinafter referred to as the "Development Agreement."
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
WHEREAS, the parties are presently desirous of modifying the Development Agreement;
NOW, THEREFORE, in consideration of the promises of the parties hereto and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree that the following paragraphs and exhibit shall be added as follows to wit:
Subheading II Special Conditions, Section C, Storm Drainage Lines and Appurtenances,
Paragraph 9 shall be added to read as follows:
9. The Developer and the City agree that all public stormwater improvements have not
been completed and accordingly, the City shall only provide to the Developer a temporary
certificate of occupancy until such time as all said improvements have been completed and
certified as specified in paragraph II.C.1. of the Development Agreement. If said improvements
are not completed and certified by July 31, 1998 the City shall have the right to terminate
occupancy of the building and require the Developer to vacate the premises. The Developer shall
provide to the City a guarantee in the form of a bond, letter of credit, cash or other City approved
means to guarantee the completion of said improvements prior to the issuance of any temporary
certificate of occupancy. Said guarantee shall be submitted to, and reviewed and approved by the
City prior to the issuance of any temporary certificate of occupancy. The full amount of said
guarantee shall remain available to the City until all said improvements are completed and
accepted by the City.
Subheading II Special Conditions, Section D, Streets, paragraph 9 and paragraph 10 shall
be added to read as follows:
9. The Developer and the City agree that all public street improvements have not been
completed and accordingly, the City shall only provide to the Developer a temporary certificate of
occupancy until such time as all said improvements have been completed and certified as specified
in paragraph II.C.1. of the Development Agreement. If said improvements are not completed and
certified by July 31, 1998 the City shall have the right to terminate occupancy of the building and
require the Developer to vacate the premises. The Developer shall provide to the City a guarantee
in the form of a bond, letter of credit, cash or other City approved means to guarantee the
completion of said improvements prior to the issuance of any temporary certificate of occupancy.
3. By signing this Agreement, the parties acknowledge and represent to
one another that all procedures necessary to validly contract and execute this
Agreement have been performed and the persons signing for each of the parties have
been duly authorized to do so.
State of Colorado
Department of Transportation
Chief Fngihcer for Engineering
Design and Construction
City of Fort Collins, Colorado
I,
Liu
City i anager
ATTEST:
J
Chief Clerk rC�tt Clerl�
CONCUR: APPROVED AS TO FORM:
`�tegion tnsportation Director l��h <� • City Attorney
CERTIFICATION
STATE OF COLORADO )
COUNTY OF LARIMER ) ss
CITY OF FORT COLLINS )
I, Rita Knoll Harris, Deputy City Clerk of the City of Fort Collins, Colorado, do
hereby certify that the attached is a true and correct copy of Resolution 97-68, as adopted
by the Fort Collins City Council on May 20, 1997, as the same remains on file and record
in the office of the City Clerk.
WITNESS my hand and seal of said City of Fort Collins, Colorado, this 22nd day
of May A.D. 1997.
IS E ALj
Deputy City Clerk
City of Fort Collins, Colorado
SH No/MP/Side: 068/001.419/1 eft
COLORADO DEPARTIvafIcNT OF TRANSPORTATION Local Jurisdiction: "Fort Collins
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol it No.:
497t59oa
DOT Permit No.: 497159
Permit Fee: -0-
Date of Transmittal: e/97
THEPERMITTEE; THE APPLICANT;
Safeway Stores Inc Northern Engineering
6900 S. Yusem-ite 420 S. Howes St., Suite 202
Englewood, CO. 80112 Fort Collins, CO. 80521
(303) 843-7550 (970) 221-4158
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 timethe 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 theirduly 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:
Th'd State Highway 68 access is located 2,211.68 feet (0.419 mi.) East of milepost
one (1), on the North side of State Highway 68.
Travel lane improvements to State Highway 68 are for the entire distance between
Wheaton Drive and NIcHurray Avenue, on the blest bound side of the highway (approx. 135
ACCESS TO PROVIDE SERVICE TO:
Retail Shopping Center .......................... 100
OTHER TERMS AND CONDITIONS:
si See Attachments: Exhibit "A" Terms and Conditions
Exhibit "8" Utility Plan Set
Exhibit "C" Site Plan cJ.s.9-�S'-r�
Exhibit "D" A -Line Deeds as/y
CDOT Form #112 - Variance From The State Highway C�-o/de
MUNICIPALITY OR COUNTY APPROVAL
Required only when the al ro r'rate local authority retefli i suing 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 Allergens - Ci ty of Collins I=ecti on Dep-ts
�41Q1i)�1S Y[A�lYa1EY?AdiYYe a4Kri6�KKXi(x1(AGfCi4icffXA3Yd�f(riYXXxxxxxxx XXXX ?( Lat_ DZQ1 221_-56_05
at least 48 hours prior to comma chirg nstruction within the State Highway right-of-way.
The person signing as the peiITT
'tee must e the owner or legal representative of the property served by the permitted
access and have full authority t t e permit and all it's terms and conditions.
I l�-7
Permittee (X) _ —
L�A N 1`eE�S, &AU �sT,k�[E ItA k" q 6,i a
Date
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTM NT OFT N SPORTATION, STATE OF COLORADO p
By (X)- Date 1 Title t p��1]a etii
(Date of issue)
COPY DISTRIBUTION: Required', i copies as necessary for, Pr000us Editions are Obsolate and will not r
1_ District (Original) Local Authority Inspector COOT Fc
2_ Applicant MTCE Patrol Traffic Engineer
COLORADO DEPARTMENT OF TRA. PORTATION
Issuing authority applicauon9u
accepa7ree e:
STATE HIGHWAY ACCESS PERMIT APPLICATION
, /
Instructions: - contact the Department of Transportation or your local government to determine your issuing authority.
- contact the issuing authority to determine what plans and other documents are required to be submitted
with your application.
- complete this form (some questions may not apply to you) and attach all necessary documents and
submit it to the issuing authority. Submit an application for each access requested.
- if you have any questions contact the issuing authority. Please print or type
1)Prope er(Permittee) _
CDTO'�ES 1
2)App.ficlIant
A-P E�a./4Y T-1 d.
1�1bfL-
street address, city � 'r �.y�mD
street. address, city
(090o So �%`�6nn1T�
�I-Zo S. o
state & zip phone#
state & zip
phone#t
II -
• Goo t 1 Z 1 1- 303 - 843.755
CcxOt<Aoo
2Z1- 44 S8
3) Address of �prolPety to be served by permit (if known) A
�> D
4) Legal description of property:
county subdivision µq,grx�l��y block lot section townshp range
1.-.t1P1Mt SAr- iiltly M4 3f —7 Ili (c8V/
�,_/
5) Wha[ state high ay are you requesting acc s from? 6) What side of the highway Ra N ❑ S ❑ E ❑ N/
�TnrE tv utny PAD
7) How eet Is tTie propose access ro ile post?
How nr6ny feet is the proposed access from the nearest cross street?
1
feet (circle: N S W from:AlICAAUCQ1�y
_ e It
8) Ch k here if you are requesting a new acces -- a-termpro ry access Ximprovement to existing cess ❑ change in access use ❑ removal of access
Z,
9) What is the approximate date you intend to begin construction?
•P�S r % 19 cr
10) Do you Ove knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest.
no ❑ yes, if yes - what are the permit number(s)?: and/or, permit date:
11) Doe the operty owner own or have any interests in any adjacent property?
no ❑ yes, if yes - please describe:
12) Are there other existiny�r dedicated public streets, roads, highways or access easements bordering or within the property?
❑ no Dyes, if yes - list them on your plans and indicate the proposed and existing access points.
13) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each.
business square footage business square footage
K—CTp1I_ G"C-lP 1 A1Ci
14) If you are requesting agricuyyural field access - how many acres will the access serve?
A ! /o,
15) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units?
type number of units type numberof units
16) Prov at e following vehicle count estimates for vehicles that will use the access. Leaving t property then re urnnin� is two counts. Indicate if your counts re
eak hour volumes or ❑ average daily volumes.
Of of passenger cars and light trucks
# of multi unit trucks
# of other vehicl s
75
h� a
# of singb pnn e ides et w 3o If — —
# of farm vehales (r,em equpmem)
Total count of all vehicles
h a t a(
75 KEo Qy AkA
17) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. Ck'A A f,e_5S
-
(plans should be no larger than 24" x 36")
rtl ..
e) Property map indicating other access, bordering roads ane streets-�
a) Highway and driveway plan profile. f) Proposed access design
b) Drainage plan showing impact to the highway right of -way. g) Parcel and ownership maps including easements. L�
c) Map and letters detailing utility locations before and after h) Signing and striping plans.
development in and along tha right-of-way. f Traffic control plan.
d) Subdivision, zoning, or development plan. j) Proof of liability insurance.
If an access permit is issued to you it will state the terms and conditions for its use. Any changes in the use of the permitted
access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit.
The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal
laws, that all Information provided on this form and submitted attachments are to the best of their knowledge true
an ete.
pplican[s signatu
Dale
If the applicItint is not the owner of the property, we require this application also to be signed by the property owner or their
legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this
application by all owners -of -interest unless stated in writing. If a permit is authorized, the property owner will be listed as
the permittee.
Property owner signature
Date
tarm 137 4/96
Whalers Way
it
I L
52/36
24145 —►
45146
95/204
1,681/1,240 —�
220/300 —i
L— 163/188
— 33/31
1— 104/82
45/25
5/10
25/15
64/125 N
1,002/1,7518 m
198/369
Harmony Road
1
I
1
n19
,985/1,4z44 —►
/150
N Ip
N f7 N
C ,
59116 Monte Carlo Drive
g112
lk
oS
0,2
83/123
f- 5/10
42/62
4
N
Not to Scale
7/13
107/21 —►
49/10
N
e n
N m Q
SITE -J 1 L
21/31
Nominal —�
188/277
Q 23/33
--1419,
m H
M N
a
J .iL
L— 2/4
— 6/24
1— 7/18
18/18
�-- Nominal
27/37
83/106
�— 1,399/2,189
F- 150/100
2,110/1,639 �
N
1,940/1,396 —►
300/120
o m o
M
N O1 IA
C
C
al
U
Figure 7
TOTAL TRAFFIC — YEAR 2015
AM/PM Peak Hour
Date: 9-10-97
Exhibit A
Terms and Conditions
Harmony Safeway Marketplace P.U.D.
Pg. 1 of 4
The Permittee shall refer to all additional standard requirements on the back of this Permit
and any enclosed additional terms, conditions, exhibits and noted attachments.
2. Incorporated as part of this permit are the following:
Application for Access Permit (CDOT Form No. 137)
Both sides ofthe Permit (CDOT Form No. 101)
Exhibits: "B"- Utility Plan set
"C"- Site Plan
"D"- "A -Line" deeds
CDOT Form #112 - Variance From The State Highway Access Code
3. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1),
and is based in part upon the information submitted by the Permittee. This Permit is only
for the use and purpose stated in the Application and Permit. Any changes in traffic
volumes or type, drainage, or other operational aspects may render this permit void,
requiring a new permit to be applied for based upon existing and anticipated future
conditions.
4. If necessary, minor changes, corrections and\or additions to this permit may be ordered by
the Department inspector, other Department representative or local authority to meet
unanticipated site conditions. Changes may not be in violation of the Code. All major
changes to the plans must be approved in writing by the Department prior to
commencement of any work on or within the State Highway right-of-way.
5. Reconstruction or improvements to the access may be required when the Permittee has
failed to meet the required design and\or material specifications. If any construction
element fails within two years due to improper construction or material specifications, the
Permittee is responsible for all such repairs.
6. The Permittee is responsible for obtaining any necessary additional federal, state and\or
City\County permits or clearances required for the construction of the access. Approval
of this access permit does not constitute verification of this action by the Permittee.
All costs associated with the installation of this access are the responsibility of the
Permittee. This includes the design, construction, utility relocation, testing of materials
and inspection.
8. Landscaping shall not obstruct sight distance at any state highway access point.
Terms and Conditions - Harmony Safeway Marketplace P.U.D. Pg. 2 of 4
9. Permittee is responsible for any utilities disrupted by the construction of this access and all
expenses incurred for their repair.
10. Survey markers or monuments must be preserved in their original positions. Notify the
Department at (970) 350-2173 immediately upon damage to or discovery of any such
markers or monuments at the work site. Any survey markers or monuments disturbed
during the execution of this permit shall be repaired and\or replaced immediately at the
expense of the Permittee.
11. The Permittee or the contractor shall notify Todd Juergens at (970) 221-6605 at least two
working days prior to beginning any access improvements or construction of any kind
within the state highway right-of-way. Failure to comply with this requirement may result
in the revocation of this permit.
12. Speed change lane shall be provide in accordance with Exhibit `B".
13. Prior to final pavement marking, the Permittee shall contact Ray Terrones at (970) 353-
9991 (CDOT) and Dan Holland at (970) 221-6816 (City of Ft. Collins) in order to review
striping layout and to coordinate schedules for striping and inspection. No pavement
marking shall be applied without the required plan review and authorization.
PERMITTEE SHALL PROVIDE LAYOUT TO CDOT AND CITY OF FORT
COLLINS STRIPING INSPECTION PERSONNEL.
14. The State Highway 68 access shall be constructed 30 feet wide, with 40 foot radii as per
Exhibit `B".
15. All required access construction shall be completed prior to the herein authorized use of
this access.
16. The access shall be surfaced immediately upon completion of earthwork construction and
prior to use.
17. Surfacing of the State Highway 68 access shall consist of concrete from flowline to
property line.
18. Compaction of any embankment shall comply with Section 203 of the Division of
Highways Standard Specifications or City of Fort Collins Standards, whichever is greater.
19. State Highway 68 improvements shall be constructed according to the approved utility
plans. Pavement design shall be based on the approved final geotechnical investigation of
the area.
Terms and Conditions - Harmony Safeway Marketplace P.U.D. Pg. 3 of 4
20. Minimum improvements to the North side of State Highway 68 between Wheaton Drive
and McMurray Avenue shall include a 14 foot continuous acceUdecel lane, an 8 foot
paved bike lane, minimum 4 foot wide paved shoulder, handicap access ramps at the
access drive, restriping of the highway travel and turn lanes, traffic signage, and pedestrian
cross walk stripping at the access drive.
21. Minimum improvements to the intersection of State Highway 68 and Wheaton Drive shall
consist of reconstructing the eastern Wheaton Drive curve return to a 30 foot radii with
curb and gutter to the PCR, resurfacing the effected street area to City of Fort Collins
street standards, handicap access ramp on the east side of the street, and pedestrian cross
walk striping.
22. Minimum improvements to the intersection of State Highway 68 and McMurray Avenue
shall consist of reconstructing the western McMurray Avenue curve return to a 40 foot
radii with curb and gutter to the PCR, resurfacing the effected street area to City of Fort
Collins street standards, handicap access ramp on the west side of the street, pedestrian
cross walk striping, and relocating the traffic signal and street light.
23. The traffic signal and street light at the intersection of State Highway 68 and McMurray
Avenue shall be relocated by the City of Fort Collins. The additional traffic signage on
State highway 68 shall be installed per City of Fort Collins standards.
24. Handicap access ramps at the intersections of State Highway 68 with Wheaton Drive and
McMurray Avenue shall be constructed to City of Fort Collins Standards.
25. If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed
until all frost, water or moisture is gone or removed.
26. The access shall be constructed and maintained in a manner that shall not cause water to
enter onto the roadway, and shall not interfere with the existing drainage system in the
right-of-way. Drainage to the state highway right-of-way shall not exceed the historical
rate of flow.
27. The longitudinal slope of the access drive shall not exceed 2.0 percent for a minimum of
25 feet from the northern edge of the acceUdecel lane. Pavement cross slopes of the access
drive shall not exceed 4.0 percent.
28. The side slopes of the access approach shall be 6:1 within the zone of the access radii, and
then shall not be steeper than 4:1.
29. Grading shall not exceed 2.0 percent for a minimum of one foot adjacent to the North
pavement edge of State Highway 68 and then shall not be steeper than a 4:1 slope.
Terms and Conditions - Harmony Safeway Marketplace P.U.D. Pg. 4 of 4
30. The State Highway 68 access is limited to RIGHT TURNS ONLY. Left turns are not
allowed.
31. The City of Fort Collins Transportation Department shall sign and stripe all public right of
way.
32. A COMPLETE COPY OF THIS PERMIT SHALL BE ON THE JOB WITH THE
CONTRACTOR AT ALL TIMES DURING CONSTRUCTION. If necessary, minor
changes and additions may be ordered by the Department or local authority field inspector
to meet unanticipated site conditions. FAILURE TO COMPLY WITH THIS OR ANY
OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE
SUSPICION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR THE
ISSUING AUTHORITY.
COLORADO DEPARTMENT OF TRt—iPORTATION
VARIANCE FROM THE S rATE HIGHWAY ACCESS CODE
State Highway or pr e oca lures icnon region/ ecpon/ tro Permit o. (t approved)
068/001.419/l eft Furt Collins UA-/Cn �� \ 4q-I �sc�
vvHtry UStU, 1 HIS FUHM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION
1. State specific reasons for this va.nance request. Documents verifying statements may be requested or should be provided with request.
State specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If
variance is temporary, state conditions which will change allowing the access to conform to the access code. If date is known when
conformance can be achieved, provide that date.
-- SEE ATTACHED --
NOTICE: Providing false information to a government agency is punishable as perjury in the second degree, as well as being punishable
under any other applicable state or federal laws.
This farm subf I ed by
TEMS BELOW THIS I INP'ARF 1=nR nFFlrr= I ICF nnu v
2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by
an authorized offical.
N
Date
/
3. Recom endation of the Region Traffic afety Engineer: i
4. Recommendation of the Section Maintenance Superintendent o Region Access Coordinator:
l
I �
N j
c
Date
I-- i o r i min HGUIUN I HANJYUH I A I IUN UIHECTOR:
Having reviewed this variance request and all materials attached. I hereby Q approve, ❑ deny, this request for variance from the
standards of the State Highway Access Code.
(x) Dee
White copy - Repion permit files/ Canary cnnv - .S .N mnw
Said guarantee shall be submitted to, and reviewed and approved by the City prior to the issuance
of any temporary certificate of occupancy. The full amount of said guarantee shall remain
available to the City until all said improvements are completed and accepted by the City.
10. The Developer and the City agree that an East bound left turn lane on Harmony Road
to serve the Harmony Mobile Home Park was constructed by the Developer as part of this
Development Project. Said newly constructed turn lane did not comply with the City's pavement
specifications and, accordingly, the Developer shall be responsible for warranting the pavement
performance for a minimum warranty period of three (3) years from the date of this Amendment
Agreement No. 1, or until such time as the developer has requested in writing final inspection of
the warranted improvements by the City and the City has conducted such inspection and approved
said improvements, whichever is later. Said warranty shall cover any associated repairs or
reconstruction of said turn lane as may be required by the City during the term of the warranty.
Except as modified above, all other terms and conditions of the Development Agreement
shall remain unchanged and in full force and effect. Nothing in this Amendment Agreement No. 1
shall be construed to waive, remove, limit, or abridge in any manner or to any extent either party's
right to seek damages from the other for breach of the Development Agreement between them
dated June 10, 1997, which occurred prior to the date hereof, or to defend against any such
actions for damages, and by execution hereof, neither party admits to any breach of the
Development Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above
written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: +. " CG ✓ .
City Manager
ATTEST: o�
,C
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering �—
COLORADO DEPARTMENT OF T' ISPORTATION
VARIANCE FROM THE STATE HIGHWAY ACCESS CODE
-, ...._.
062/001.419/left I Fart Collins
_ (04-- ( 4 0a � 1S-A
WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION.
• - •-•�- - -�r^ti�n�- I��:,una. rar in is variance request. Documents verifying statements may he requested or should be provided with request.
State spocific suctions of the State Highway Accoss Code from which this request soaks roliof. (Additional shoots may be arachod). If
variance is temporary, state conditions which will change allowing the accoss to conform to the access code- If data is known when
conformance can be achiovod, provide that data.
SEE ATTACHED�P
T �1 i
IN
�y
NOTICEProviding false Information to a government agency is punishable asperjury in the second degree, as well as being punishable
under any other applicable state or federal laws.
This form subml by
(X) Dam
ITEMS BELOW 4LINnL
. FOR OFFICE USE ONLY.
2. Recommendation of local governrnonl authority. When Local government -has issuing authority, this recommendation must be signed by
an authorized offical.
(X)
Data
3. Recom ondation of the Region Traffic afety Engineer.
III
l8
cornnt��.l f4��� vJ�
Date
917419
ZK 97
RecCo1F
4.Xalerf2nce�SeP�in^t�nd�dt er Region Access Coordinator:
�e �Tlc le er eJ e�J 4tthe vre,
ar
(X)
Date
'I�M �Iq-�
KIWI ArrI�kt+ D
I ne MV 01UN I nAtuat UTps TION DIRECTOR:
Having reviewed this variance request and all materials attached, I hereby 9 approve, U deny, this request for variance from the
standards of
tthhheCCe SState iighw nAAocoss C de.
Data (� z y F %
f'. UJ
2-
VARIANCE FROM STATE HIGHWAY ACCESS CODE
HARMONY SAFEWAY MARKETPLACE P.U.D.
CDOT REQUIREMENT
McMurray Ave. 760' accel lane
(outbound) -//210' taper �5
I�
/ 100' gap
Development /210' taper
Access (inbound) J405' decel lane
-------------------- ----------------------- -- --------------------
Development --760' accel lane
Access (outbound) —210' taper
-'100' gap
Wheaton Dr. 210' taper
(inbound) —435' decel lane
ZE- --'44!--storage (53 veh. avg.
ACTUAL CONDITIONS
349.23' McMurray Ave. PCR to
development access PCR.
711.73' development access PCR
to Wheaton Dr. PCR_
5TATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
4201 East nrkan sas nverme
Denvrr, Colorado 80222
(303) 757-9011
DATE: April 3, 1997
TO: Ed Tormohlen
FROM: Matthew Reay
SUBJECT: Harmony Road Access Matter
oT
r�>s®tea
With regard to the issues raised in your memorandum of March 27,
1997 concerning the sale of a deeded access point for the Harmony
Safeway Marketplace, I offer the following comments:
Section 23CFRG20.203 describes the federal requirements for
"relinquishing" access control. Criteria (2) and (3) seem to be
related to the areas of access management, traffic operations and
traffic safety since the request is for the sale of deeded access
rather than actual property. Criteria (2) requires the State
determine "That the right of way being retained is adequate under
present day standards for the facility involved..."; this would
seem obvious given again that no actual property would be sold.
Criteria (3) requires the State determine "That the release will
not adversely affect the Federal -aid highway facility or the
traffic thereon..."; this would seem to be somewhat similar to
(although less restrictive than) the State's criteria as
discussed below.
In accordance with the provisions of the State Highway Access
Code, CDOT and the City of Fort Collins executed the Harmony Road
Access Control Plan (ACP) in March, 1989. The original ACP does
not include the requested right -in, right -out (RIRO) access for
the Harmony Safeway Marketplace. However, the ACP does state
that additional RIRO access points may be considered based upon
certain criteria: The RIRO would provide joint access to an
area -wide circulation system, and; the RIRO access will improve
traffic operations on Harmony Road, and; the RIRO design would
meet CDOT requirements. Additionally, the City of Fort Collins
has requested that the ACP be modified to include the RIRO access
at the Safeway Marketplace location. From the preceding I
conclude that if the ACP requirements for an additional RIRO
access are met, the less -restrictive federal requirements
previously described are also met and the ACP can be modified
accordingly, the deeded access sold, and the RIRO access
permitted.
Ed Tormohlen
April 3, 1997
Page 2
Following is a discussion of the ACP criteria:
The BIRO would provide joint access to an area -wide circulation
system: One of the purposes of an ACP is to define a plan that
helps support: an area -wide circulation system. In this instance
the Harmony Safeway Marketplace abuts a residential area, and the
requested BIRO access has the potential to help mitigate
commercial traffic impacts on the streets also used by
residential t=raffic, and reduce intersection delay. The site
plan for the Harmony Safeway Marketplace includes provisions for
pedestrian and bicycle paths that should help make non -motorized
travel choices more attractive and provide an interface between
travel modes to and from the adjacent area. In addition, the
City of Fort Collins has indicated that the Harmony Safeway
Marketplace and related access are consistent with their
comprehensive land use plan for the area. It would seem that an
adopted local land use plan and an adopted ACP should compliment
each other.
The RIRO access will improve traffic operations on Harmony Road:
The "Safeway/Harmony Village Center Fort Collins, Colorado
Traffic Impact Study" conducted by Krager and Associates
indicates that the requested RIRO access would reduce vehicular
�\0 delay at the Wheaton/Harmony Road intersection. The access would
be located within an area where a continuous accel/decel lane is
present.
The RIRO design would meet CDOT requirements: The requested RIRO
access would lie within a continuous accel/decel lane between
McMurray Avenue (to the east) and Wheaton Drive (to the west).
Within a 50 14PH speed zone, the State Highway Access Code would
require a 4013' right turn deceleration lane (for a 15 MPH turn)
into the access. It is my understanding that the distance
between the :signalized intersection at McMurray Avenue and the
proposed location of the RIRO access is adequate for this design,
assuming the access itself is designed to accommodate the 15 MPH
turn. As the Harmony Road/McMurray Avenue intersection is under
signal control and does not involve a free right turn movement
from southbound McMurray to westbound Harmony, additional right -
turn acceleration lane distance (in addition to that afforded by
the deceleration distance provided to the RIRO access) would
provide little operational benefit. The length of the continuous
accel/decel Lane between the RIRO access and Wheaton Drive (over
800') is also deemed operationally adequate. In summary, it
appears that the RIRO access can be designed to meet CDOT
requirements.
Ed Tormohlen
April 3, 1997
Page 3
Given the above, I believe that federal criteria (2) and (3) as
contained in 23CFR620.203 are met, as are the criteria for
amending (as requested by the City of Fort Collins) the Harmony
Road Access Control Plan to include and permit the requested RIRO
access.
MR/M0403A7.DOC
cc: Siebels
Rames
Kullman/,Jones
Demosthenes
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Transportation Safety and Traffic Engineering Branch
Access Management Section
4201 East Arkansas Avenue, Run 172
Denver, Colorado 8022.2 3400
(303) 7 57-9 844
FAX 757-9219
June 5, 1997
Mr. Eric Bracke, Traffic Engineer
City of Fort Collins
625 Ninth Street
PO. Box 580
Fort Collins, CO 80522-0580
Ms. Tess Jones
Region 4 Access Manager
Colorado DOT
1420 2"d Street
Greeley, CO 80631
Dear Eric and Tess: �
or
Attached herewith is your copy of the approved access control plan
agreement for State Highway 68, Harmony Road, that amends the March
1989 access control plan agreement. In accordance with the State Highway
Access Code, all access decisions relative to this segment shall be in
conformance with this interagency agreement. Be sure to maintain this
agreement as a permanent agency record.
Si;ze
Philip B. Demosthenes
Access Program Administrator
Attachment
APPRO AS TO FORM:
Deputy City Attorney
ATTEST:
Ass/- T. C, / q
DEVELOPER:
SAFEWAY INC., a Delaware corporation
/1 rsf. V"
HARMONY SAFEWAY MARKETPLACE P.U.D.
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT, made and entered into this �� day of11Z r
2001, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
(`City"), SAFEWAY STORES 46, INC., a Delaware corporation, (`Lot 6 Developer") and
SAFEWAY INC., a Delaware corporation, (`Developer") is an amendment to that certain
Development Agreement dated June 10, 1997 by and between the City and the Developer,
collectively hereinafter referred to as the "Development Agreement."
WITNESSETH:
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
WHEREAS, the City and the Developer previously executed Harmony Safeway
Marketplace P.0 D. Amendment Agreement No. 1 dated January 5, 1998 collectively hereinafter
referred to as the "Amendment Agreement No. I"; and
WHEREAS, the Lot 6 Developer has submitted plans to the City known as Harmony
Safeway Marketplace, Lot 6, Safeway Fueling, and
WHEREAS, said plans are located within the platted boundaries specified in the
Development Agreement, and
WHEREAS, the parties are presently desirous of modifying the Development
Agreement,
NOW, THEREFORE, in consideration of the promises of the parties hereto and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree that the following paragraph shall be added as follows to wit:
Subheading II Special Conditions, Section C, Storm Drainage Lines and Appurtenances,
Paragraph 10, 11, 12, 13, 14 and 15 shall be added to read as follows:
10 All on -site and off -site storm drainage improvements for the Harmony Safeway
Marketplace, Lot 6 Fuel Facility, as shown on the approved final development
plan documents for this development shall be completed by the Lot 6 Developer
in accordance with said final development plan documents prior to the issuance of
any certificate of occupancy for the Development. Completion of improvements
shall include the certification by a professional engineer licensed in Colorado that
the drainage facilities which serve this Development have been constructed in
conformance with said final development plan documents. Said certification shall
be submitted to the City at least two weeks prior to the date of issuance any
certificate of occupancy for the Development.
11. The Lot 6 Developer shall be responsible for maintaining the structural integrity
and operational functions of all drainage facilities throughout the build -out of the
Harmony Safeway Marketplace, Lot 6, Fuel Facility. If at any time following
certification (as required pursuant to paragraph one (1) above) of said drainage
facilities and during the construction of structures and/or lots within this
Development the City deems that said drainage facilities no longer comply with
the approved plans, the developer shall bring such facilities back up to the
standards and specifications as shown on the approved plans. Failure to maintain
the structural integrity and operational function of said drainage facilities
following certification shall result in the withholding of the issuance of additional
building permits and/ or certificates of occupancy until such drainage facilities are
repaired to the operational function and structural integrity which was approved
by the City.
12. The Lot 6 Developer agrees to provide and maintain erosion control
improvements as shown on the approved final development plan documents to
stabilize all over -lot grading in and adjacent to the Harmony Safeway
Marketplace, Lot 6, Fuel Facility. The Lot 6 Developer shall also be required to
post a security deposit in the amount of $11,647.50 prior to beginning
construction to guarantee the proper installation and maintenance of the erosion
control measures shown on the approved final development plan documents. Said
security deposit(s) shall be made in accordance with the criteria set forth in the
City's Storm Drainage Design Criteria and Construction Standards (Criteria). If,
at any time, the Lot 6 Developer fails to abide by the provisions of the approved
final development plan documents or the Criteria, notwithstanding any provisions
contained in paragraph III(J) to the contrary, the City may enter upon the Property
for the purpose of making such improvements and undertaking such activities as
may be necessary to ensure that the provisions of said plans and the Criteria are
properly enforced. The City may apply such portion of the security deposit(s) as
may be necessary to pay all costs incurred by the City in undertaking the
administration, construction, and/or installation of the erosion control measures
required by said plans and the Criteria. In addition, the City shall have the option
to withhold building permits and certificates of occupancy, as stated in Paragraph
I11.13 of this Agreement, as it deems necessary in order to ensure that the Lot 6
Developer installs and maintains the erosion control measures throughout the
build -out of this Development.
13. All buildings shall be graded to drain in the configuration shown on the approved
final development plan documents. To ensure performance, the following
additional requirements shall be followed for all buildings on the Harmony
Safeway Marketplace, Lot 6, Fuel Facility:
Prior to the issuance of a certificate of occupancy for any building in this
Development the Lot 6 Developer shall provide the City with a grading
certification for Lot 6. Such certification shall verify that the Finished
2
Floor Elevation of that building and all adjacent grades to that building
have been graded correctly - including the grading of any minor swales,
when applicable. That certification shall also certify that the minimum -
floor elevation (when applicable) for the building constricted has been
completed in accordance with the approved final development plan
documents. Said certification shall be completed by a Colorado licensed
professional engineer and shall be submitted to the City at least two weeks
prior to the date of issuance of the certificate of occupancy.
14. The Lot 6 Developer shall obtain the City's prior approval of any changes from
the approved final development plan documents for the Harmony Safeway
Marketplace, Lot 6, Fuel Facility in grade elevations and/or storm drainage
facility configuration that occur as a result of the construction of structures,
whether by the Lot 6 Developer or other parties. The City reserves the right to
withhold the issuance of building permits and certificates of occupancy for this
Development until the City has approved such changes as being acceptable for the
safe and efficient delivery of storm drainage water.
15. The Lot 6 Developer is obligated to maintain all on -site storm drainage facilities
not accepted for maintenance by the City and all off -site storm drainage facilities
not accepted for maintenance by the City serving the Harmony Safeway
Marketplace, Lot 6, Fuel Facility and outside of the public rights -of -way. This
includes the maintenance of the fuel containment facility. Such maintenance shall
be done at least on an annual basis.
Subheading II Special Conditions, Section D, Streets, paragraph 11 and 12 shall be added
to read as follows:
11. Prior to the issuance of a certificate of occupancy for Lot 6 of the Harmony
Safeway Marketplace P.U.D., the Lot 6 Developer shall construct the bus shelter
and bus pad as shown on the final development plan documents for the Harmony
Safeway Marketplace, Lot 6, Safeway Fueling, which satisfies the oversized street
improvements requirement for this lot. Upon completion and acceptance by the
City of said bus shelter and bus pad the City shall make reimbursement to the Lot
6 Developer in accordance with Section 24-112 of the Code of the City. The City
shall have no obligation to make reimbursement payments for street oversizing
unless funds for such payments shall first have been budgeted and appropriated
from the Street Oversizing Fund by the City Council; and to the extent that funds
are not available for such reimbursement, the City may not, in the absence of the
Lot 6 Developer's agreement, require the construction, at the Lot 6 Developer's
expense, of any oversized portion of streets not reasonably necessary to offset the
traffic impacts of the Development. The Lot 6 Developer does hereby agree to
construct the aforesaid oversized street improvements with the understanding that
the Lot 6 Developer may not be fully reimbursed by the City for the cost of such
construction. The Lot 6 Developer further agrees to accept payment in
accordance with Section 24-112 (d) of the Code of the City as full and final
3
settlement and complete accord and satisfaction of all obligations of the City to
make reimbursements to the Lot 6 Developer for street oversizing expenses. It is
anticipated by the City that the City's reimbursement, in accordance with Section
24-112 (d), would not be less than fifty percent (50%) of the Lot Developer's
actual expenses incurred and will be calculated in accordance with the formula as
set forth in Section 24-112 (d).
12. Prior to any work or procurement of materials by the Lot 6 Developer for the bus
pad and bus shelter, the design and facility type shall be submitted to and
approved by the City (Transfort) and an estimate of the cost of materials and
installation of said bus shelter and bus pad shall be submitted to and approved by
the City (Engineering Department).
Except as modified above, all other terms and conditions of the Development Agreement
and subsequent agreements shall remain unchanged and in full force and effect. Nothing in this
Amendment Agreement No. 2 shall be construed to waive, remove, limit, or abridge in any
matter or to any extent either party's right to seek damages from the other for breach of the
Development Agreement between them dated June 10, 1997, which occurred prior to the date
hereof, or to defend against any such actions for damages, and by execution hereof, neither party
admits to any breach of the Development Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above
written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
FST-
(Than
City Clerk
APPROVED AS,��1TOI CONTENT:
C 1a�
City Engine r
APPR D AS TO FORM:
Deputy City Attorney
By: U I. e�
CityKlanager
4
DEVELOPER:
SAFEWAY INC.,
a Delaware corporation
By: �S
Linda S. MacDonald
Assistant Vice President
ATTEST:
By: tb c_A..._,. (L •
K. Beardsley
Assistant Secretary
LOT 6 DEVELOPER:
SAFEWAY STORES 46, INC.
a Delaware corporation
By: L.'�AJ) / v"0-`d
Linda S. MacDonald
Assistant Vice President
ATTEST:
By:l�l�c2 t.--. )
Marilyn K. Beardsley
Assistant Secretary
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF FORT COLLINS
AND
THE STATE OF COLORADO
DEPARTMENT OF "TRANSPORTATION
THIS AGREEMENT is entered into this 30*4 day of MA�L 1997, by and
between the City of Fort Collins (hereafter referred to as the "City"), and the State
of Colorado; State Department of Transportation (hereafter referred to as the
"Department").
WITNESSETH:
WHEREAS, the Department and the City entered into an agreement
establishing an Access Control Plan for Harmony Road, aka SH 68, between
Boardwalk and Interstate 25 (hereafter referred to as the "Segment") on I March
1989 in conformance with Section 2.12 of the State Highway Access Code, 2 CCR
601-1 as amended August, 1985 (hereafter referred to as the "Code"); and
WHEREAS, the interagency agreement allows revisions that are mutually
agreeable to both parties and consistent with the standards and purposes of the Code;
and
WHEREAS, the Department and City desire to revise the original agreement
in accordance with City Resolution 97-34 regarding a right -turn -only driveway
located on the north side of State Highway 68 approximately 840 feet east of the
intersection of Harmony Road and Wheaton Drive for reasons mentioned in City
Resolution 97-34.
NOW THEREFORE, for and in consideration of the mutual promises herein
contained, the parties hereto agree as follows:
1. The I March 1989 Access Control Plan interagency agreement is
hereby amended to allow for a right -turn -only driveway located on the north side of
State Highway 68 approximately 840 feet east of the intersection of Harmony Road
and Wheaton Drive for reasons mentioned in City Resolution 97-34.
2. This Agreement is based upon and is intended to be consistent with
the Tlighway Access Law, Section 43-2-147 CRS, and the Code and the provisions
of the original Access Control Plan interagency agreement.