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Home My WebLink AboutHARMONY MARKET PUD SECOND - Filed OA-OTHER AGREEMENTS - 2005-10-07MEMORANDUM OT UNDERSTANDING Builders Square Inc., a Delaware corporation ("the Developer"), is the developer of certain real property located in the City of Fort Collins known as Harmony Market 2nd Filing 11.U.D.,Builders Square Expansion ("thePUD"). The City has approved an Erosion Control Plan dated July 27 , 1994 ("the Plan"), for the PUD and, pursuant to Section 2.2of the City's Storm Drainage Design Criteria ("the Criteria"), the City has agreed to accept a bond, cash escrow, irrovocable letter of credit in the amount of Seven Thousand Nine Hundred Twentv Dollars ($7,920) ("the Cash Escrow") from the Developer to guarantee the proper installation and maintenance of the erosion control measures shown on the Plan and described in the Criteria. The Cash Escrow has been received by the City. If, at any time, the Developer fails to abide by the provisions of the Plan or the Criteria, the City may enter upon the premises described in the PUD for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of the Plan and the Criteria are properly enforced. The City may apply such portion of the Cash Escrow as may be necessary to pay at] costs incurred by the City in undertaking the administration, construction and/or installation of the erosion control measures required by the Plan and the Criteria. Upon acceptance by the City of the initial installation of the erosion control measures required by the Plan and the Criteria, the Cash Escrow shall be reduced to twenty-five (25) percent of the actual cost of such measures. The balance of the Cash Escrow shall be held by the City to guarantee the continued maintenance and replacement of such measures for it period not to exceed two (2) years from the date of installation of the erosion control measures. Upon the expiration of said two (2) year period, or the date of certification by the City that the required measures have been fully completed and maintained in accordance with the Plan, whichever occurs first, the balance of the Cash Escrow shall be refunded to the Developer and the right of access granted to the City under this Memorandum of Understanding shall be of no further force and effect. Until such time, the rights of the parties under this Memorandum of Understanding shall run with the PUD and be binding upon any subsequent owner thereof, as well as any assignee in interest of the Developer. Dated this .:n day of July, 1994. DEVELOPER: Builders Square Inc., a Delaware corporation By:}1 E. (Jerry) Larrumhide Project Representative THE CITY OF FORT COLLINS, COLORADO, a municipal corporation Mike Herzig, Devgl I,ment Engineering Manager- STATE OF TEXAS COUNTY OF BEXAR § On this YA day of July, 1994, before me personally appeared J.E. Larrumbide, known to be a Construction Project kepresentative of BUILDERS SQUARE, INC., a Delaware corporation, the corporation that executed the within and foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath that he was authorized to execute such instrument on behalf of such corporation. written. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day and year first above *V ." . "E NotaryPublic I n and For the State of Texas E:7 KEENE�o1REs1995 SH No/MP/Side: 68/0.800/right t COLORADO DEPARTMENT OF HIGHWAYS Local Jnrisdetion: Fort Collins Cast/Sectlon,'PatroIL 04/01/04 STATE HIGHWAY ACCESS PERMIT DOH Permit No.: :90126 ciimnr: Dennis Volz (493-1463 between 7:60-8:30 a-n.) Permit Fee: NA Date of Transmittal: 9/24/90 THE PERMITTEE; Oak Farm Inc. 3555 Stanford Rd., Suite 100 Fort Collins, Co'_orado 80525 Phone: 223-3933 is hereby granted permission to construct and use an access to the stare 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 wllhin State right-ol-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part Vi. The issuing authority, the Departrnentand their duly appointed agents and employees shall be held harmless against any action for personal injury or proper damage sustai ned by reason of the exerc:,se of the permit_ LOCATION: Access to be located on State Highway 68, a distance of 1140' west Xasx of iemay Avenue on the south side of State Highway 68 ACCESS TO PROVIDE SERVICE TO: A 88,800 s.f. building materials and lumber store, a 100,000 s.f. membership warehouse, a 55,000 s.f. grocery store, and 64,000 s.f. 1 retail space/ pad sites. v OTHER TERMS AND CONDITIONS: 1. This permit is only for the use and purpose stated in the Application and Permit. A change in use of the property which results _n a change in the type of driveway operation may require reconstruction, relocation, or conformance of the driveway to the Access Code. 2. Reconstruction or improvements to the access may be required when the Permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construct: -on or material specifications, the Permittee is responsible for all repairs. 3. This driveway is limited to right turns only. Left turns are not approved. See Design Attachment "Exhibit A" (attached) F CIPALITYORCOUNFYAPPROVALred only w ien t e appro riate local authority retaims uing authority.y() .Gt�y— --Date T/3��-- Title<ai?eez/ik�i��Ci Upon the signing of tni� permiti.,e it file I agraes io tfie arms and conditions and referenced attachments contained herein- All consfnlcfion shall ee completed in an expeditious and safe manner and shall be finished within 45 days from nitration. The perritted access shai' be completed in accerdaii witn the terms and conditions of the permit prior to being used. The permittee shall notify -----City of Fgfn Collins —Engineering Rtp}�pkA�zii31A`xRtt3;tru:x _ _ _—�nspeciio�-D sinr�—__ at —221— 602 , 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 are have tul a homy ac accept the permit and all is terms and conditions. Psrmittee(X) __G?C �i--�(— 'L��I --- — -----Date t his hermit Is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF C LORF. Z}SJ2JN OF HIGHWAYS ROBERT L Cl_ VF ENGINEER Hy (x) Da, e 'Q° Titl�lept�i��faint�nce SuPerintent� det (Daate of issue) Ccrf _)I LTR ib U l I J)N uqt _.. '.J,x ,,,1,ox .r, ✓ra.1LI moors1ro `b-o-c,ar,,o floe 1 Jan❑ l0-1c nal Lona'. /%Whor ty ,x-o DOH Fun �t STATL HIGHWAY DESIGN ATTACHMENT "EXHIBIT A" 1. Driveway shall be constructed 48' wide (including a 16' wide raised median) with 40' radii as shown on "Exhibit B". 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 3. Surfacing shall consist of 6" thick Portland Cement concrete and shall extend at least from the highway travelled way to the right-of-way and shall be constructed to comply with the City of Fort Collins "Design Criteria and Standards for Streets." 4. Compaction of the embankment shall comply with the City of Fort Collins "Design Criteria and Standards for Streets". 5. The horizontal axis of the access shall be at a right ;11,10 to the centerline of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 6. If frost. is present in the subgrade, 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 driveway and all expenses incurred for repair. 8. Construct handicap ramps at the intersection of sidewalks and curbs according to the City of Fort Collins "Design Criteria and Standards for Streets". 9. Drainage to the State Highway right-of-way shall not exceed the historical flow. 10. Construction of this driveway shall conform to the attached plan and to the City of Fort Collins standards and specifications. 11. Highway striping shall be done by the Permittee. 12. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR. 13. Shoulder widening will be done by the Permittee as shown on "Exhibit B" .