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HomeMy WebLinkAboutTHUNDERBIRD ESTATES SIXTH - Filed OA-OTHER AGREEMENTS - 2004-03-03ME,MORANpUM OF AOREENENT TFM AOREEMETT, made and entered into this 20th day of cc^Le- A. D. 19 6 ° , by and bewtween THE CITY OF FORT COLLINS, a m::^icipr.l corporation, hereinafter designated as first party, and Thmrdr-rtir^ r-,+rv,tes ?ncortorated i•Tae Tile) Frssi^ert Eeroin..fter designated as second party, WITNESSETH: U-IER3iS, second party has heretofore submitted a subdivision plat of the subdivision to be known as ThunderLird L'states Sixth S ivision For approval by the Municipal Planning and Zcni.r_g Board and the City Cown—!i'_ of the City of Fort Collins, and 4T_ A_S, sc_4 3 subd:_vi&Un plat is acceptable to first party and £i_^st p =s Pl.nninal and Zoning Board, subject to construction of utilities in the zr?a to be cub:!-,,.-.ded, h J7, TH 77CRE, in cons.deration of the premises and the terms of this a.groerent, it is mutually agreed as follows: 1. First party agrees that sr,.id subdivision plat shall be, and the s2,_e is hereby approved, i:n c.cnsi3era';icn of the approval of said plat by first party, and :.rrst p^.rty as P1., _nirg -..nd Zoning Board, second party agrees as follows: (A.) To submit to first party the following detailed improvement plan3, ec^eptable to the first party: (1) A plan of the proposed water distribution system including t'.e ccnneotirg p3.peli,n;�- to the points of connection to the first party^o c:::ist`_rg water distribution system and showing all va';tres and fire hydran`s. (2) Plans and profiles of the proposed sanitary sewer system all manholes and connections to the first party's existing r-.,' *..pry se7,7sr system. 1:3) A plan of the proposed electrical distribution system including co;-mecting lines to the first party's existing electrical distributic:l system and including all stree'. lights. (a) Plans and profiles of all street improvements. ;5) Plans and profiles of the proposed street drainage system �:ze ce:ineat'.-ns to th— first party's storm sewer system UNIVERSITY I PROSPECT ROAD w t. w r F, o ` j _ Q ...�. _ _ i �.�..�..,._ PROJECT w LOCATION w w J I J O Ii O 2 > I O DRAKE ROAD - I HIG ChOCL O H SWALLOW ROAD y o I; SWALLOW ROAD O I � r p 13 I � x � � x o' x EAST HORSETOOTH-ROAD , � A SHFF' 1 OF 1 [,Alf 10/15TOt — THUNDERBIRD ESTATES North Star 6TH SUBDIVISION design, inc. ECKERS DRUG STORE 70Automation toma`ionDn,aossou - ---- - VICINITY MAP pnoae: 970-686-6989 .fall F(i 19.--(14 Fax 970-686-1188 THIS ACCESS PERMIT IS ISSUED TO ESTABLISH A CHANGE IN THE USE OF AN EXISTING ACCESS SOUTH OF DRAKE ROAD. THE PREVIOUSLY SHARED ACCESS (FOR THE GAS STATION AND A HOTEL AND RESTAURANT) WILL, IN THE FUTURE, ONLY SERVE THE GAS STATION TRAFFIC. THE ACCESS FALLS PRIMARILY ON THE PROPERTY OWNED BY THE NEW ECKERD DRUG STORE. AN ACCESS EASEMENT HAS BEEN ESTABLISHED TO ALLOW THE GAS STATION TRAFFIC TO CONTINUE TO USE THAT ACCESS. NO PHYSICAL CHANGES ARE BEING MADE TO THE ACCESS, BUT THE ECKERD STORE TRAFFIC WILL BE PHYSICALLY CUT OFF FROM USING THAT ACCESS THROUGH THE SITE CONSTRUCTION THAT WILL OCCUR. THE ITEMS INCLUDED IN THIS EXHIBIT INCLUDE - 1) COVER LETTER FROM THE ENGINEER DESCRIBING THEIR ATTEMPT TO HAVE THE GAS STATION PROPERTY OWNER SIGN THE ACCESS APPLICATION. 2) COPY OF CERTIFIED MAILING TO THE GAS STATION PROPERTY OWNER (SINCLAIR) 3) COPY OF ACCESS EASEMENT ESTABLISHED ON THE ECKERD PROPERTY FOR USE BY THE GAS STATION TRAFFIC. E 4C4009 �r 1 North Star �® design, inc. December 15, 2003 Tess Jones Colorado Department of Transportation 1420 2°d Street Greeley, CO 80631 Dear Tess; Attached is the access permit application for the Eckerd at the southeast corner of College Avenue and Drake Road in Fort Collins. This access permit is to modify the existing access that currently serves the Sinclair gas station and the eadsting hotel. It is proposed to limit this access to serve only the Sinclair gas station. We have sent a copy of the access permit application to the owners of the Sinclair gas station and have not received a response. Therefore, we�ave revised the application to have the developer (Hunt Douglas) be the applicant. We believe that this is justified because the majority of the existing access is on the Hunt Douglas property and the major impact will be to the proposed Eckerd property by eliminating their ability to utilize the access. Also attached to the access permit application are the following per your request: I copy of the access permit and letter that was sent to Sinclair 5 copies of the site plan (half size) 5 copies of the grading plan (half size) 1 copy of the access easement as submitted to the City of Fort Collins When the plans are approved by the City of Fort Collins, we will transmit 5 copies (full size) of those approved plans. Please call if you require any additional information. Tely a Kroete , P, . 700 Automation Drive, Unit I Windsor, Colorado 80550 970-686-6939 Phone 0 970-686-1188 Fax :r Real P3t'aCe`§c yrc'`es 1 }3 Coronado Court ; .��\ unli A2 - .'Poet 6611lna;880525 �- Tel: 970.282,0988 Fax: 970.282.8683' December 8, 2003 Mr. Steve Heil Sinclair 550 E. South Temple Salt Lake City, UT 84102-1005 RE: College Ave Access Mr. Heil; This letter is to serve notice that -we are developing the property adjacent to your service station located at the intersection of College Avenue and Drake Ave in Fort Collins, CO. The City of Fort Collins is requiring that we restrict access from our property to College Ave and I have included a site plan for your information. We will be granting a public easement over the northwest corner of our property to facilitate access to your property. We have also agreed to grant future access to your property through our property if you redAvelop in the future. Please call if I can provide any additional information. Vincerely Robert J. Iv onaugh v — - Postage $ Cl / adiFled Fee q .am- D Postrnark Return Receipt Fee Here (Endorsement Required) -- -- Restricted Delivery Fee (Endorsement Required) /— Total Postage & Fees $ o ent To Sic Ar4vk._ reet- ------------------------------------------- orraet, Apt No.; T �. , 1 m PO Box No. � V C � \��nW.1.1...\ Clry, acxl g 9 rII THUNDERBIRD DRIVEJil Ez ----- 999-- COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION acceplancedale: 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 y owner (Ppr`mateeI G3��Lti11Y, 2) Ap titan street address, tit _ ---- street address, city "l one # state & n -1 — lK D UU 57 tate & zip Phone # U �S loZ bo 3) Address of propety to be served by permit (if known) 4) Legal description of property: suydlvrsion block lot section township range 1�gfL►t��_rr�_Gt�_ f 2�j � N 5) What stair. hi h ay are you requesting access from? 6) What side of the highway ❑ N ❑ S 74- E ❑ W 2 7) How many feet is the proposed access from the nearest mile post? Ho�w�manny feet is the proposed access from the nearest cross street? feet (circle: N_s E W from: _I lV _feet (circle: N S E W )from: 6) Check hif you are requesting a ere ❑ new access ❑ temporary access ❑ improvement to existing access I chang cess use ❑ removal of access 9) What is the approximnt�ate you intend to begin construction? tYR- � _ 10) Do you have knowledge of any Highway access permits serving this property, or adjacent prope i ich you have a property interest. ono ❑ yes, if yes - what are the permit number(s)?: nd/or, p mit date: 11) Does the property owner own or have any interests in any adjacent property? _15& ❑ yes, if yes - please describe: 12) Are there other ex stin or dedicated public streets, roads, highw s or access easements her ing or within the bro ? ' ❑ no es, if yes -list them on your plans and indicate the prop ed and exw, cess point 13) If you are requesting commercial or industrial acces plea indic a the types and numbe of businesses and pr 'de the floor rea square footag of ch. business sq re footage businesssquare footage 0�6 ► o �n_I 1 a 0 14) If you are requesting agricultural field ac s - how any Incres will the access e ? 15) If you are requesting residential developeme access, hat is the type (single y, apartment, t house) and numb to nits? type number of unit type n -r I units _ 16) Provide the following vehicle count estimates for ve icles that will use the access. Leaving the property then returning is two counts. Indicate if your count ❑ peak hour volumes or L-birdVerage daily volumes. - P of pas enger ors and light tucks 4 of multi unit mucks r of other vehicles L4 o U I a single uoil vehicles m excess of ]o It. ! of farm vehicles (field uipmentl Tota count f all vehicles 17) Check wiltAng authority to determine which of the following d uments are required to complete the review of our application. (plans should be no larger than 24" x 36") e) Property map indicating other access, bordering roads and streets. a) Highway and driveway plan profile. t) Proposed access design b) Drainage plan showing impart to the highway right-of-way. g) Parcel and ownership maps including easements. c) Map and letters detailing utility locations before and after h) Signing and striping plans. development in and along the right-of-way. i) Traffic control plan. d) Subdivision, zoning, of 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 and complete. Applicants signature Dale If the applicant 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-ol-interest unless stated in writing. If a permit is authorized, the property owner will be listed as the permittee. Property owner signature Date Previous editions may be used until supplies are exhausted CDOT Form ♦177 8196 JFJ 1'13°4'M, HO'll E01J,-,a PROPERTS' D. SE CRIpTSOXV_ Exhibst A Let 4 access Easement A parcel oPland kcc'ng a par', of Lot 4 of T:nmderbiP; EAMCS Shah SUC&'Ii10n an rec0tiod is RICA 11?5. Pegs 5 Cd of the ROrOrds Of Lsritnor County, locstz6 in the Northwest Oaarfci , 4'W"!'�) of Section T,"rtY- ne 25i,1Qwn,xh¢SOCen north(T.%N.), Range Sixrv-n:ne 16?sl lR59W St rf 21.nci;,a �t nd.en (d" P of i, City of Fort Collins, ^county el'Lariner. State of Co'.ori do, for access Basement purposes, tnam Dartiaulsti'" dmcr.bcd as fn'dows. BEGINNING at the Ngrtiiweat Corner ot'Lot 4 If Said Thunderbird 7s'tate3 .Sixth Finny rmd. e,ximtng the Notth line of Lot 4 of Said Thunderbird Estates Sixth Fi_ing to bear DiDnh 89' IS:4" Past, a grid bearing of the Colcado Stern Plarra Coordinate System, North Zone,]oEh Arnericon Leaur 1 a di::ancc of 279 96 feet r.4th al: od'.nbearings herein rotative aelI THENCE North 69'51' i T' East along the North i'.ne of said Lot 4 a d,"tance of Y4 g7 stet: THENCE South 71'28'46" "'.rest a distance of 24 90 Peet; THE\CE South 47'57'52" West a dis<ance of 29A3 fcet to the ` cC t line of said I at 4; THENCA Nor h "1'fNV'S"' East along t1.0 4t e' lid' Of said 1-ot 4 a divas -' 2s.6: fcct iu - rtC line of said t.ot 4 and $e POINT OF BEGINNING. Said parcel of lend contains 545 sa. A., more or less : ), and is scbject to any ri Phis-,;1-u m: nr oche: 'a emea•.ta ofreaOrd Ora, now existing on said described paroal of land. SLRVr'YOB'S CERTIhTCAI'E I. Steven A. Lot.d, 4 Csu ratio Reginterea Protessional Land Sun 'r: or do itercb:r stI, d]'I ihi, Proper*" DesrriDri.tn was peperd older my Personal supervision and checking, and font z 1. vur and concu fo the heat orTry knowledge and belief. v,d Curveynr'il' _ KI^'G SCR:'EVORS, VSC. Windsoq ^oloredn 8055q 19-10) R6-501'. i 90,'.25'wurvt r1`i2^e.t.a as,CC". e. ice I si ixlnred t 4,10' i.. a7 per ��� 'h i�..c HLNTT_20n-_ - access e sENENT o. E--K- HIBIT B—� D1 ` �ricraorryl�r. -ware,. sx-H sua DZIATRrJAD RSG Vl 9.^024.25B-77 t^ RP ,^/p 0 97�0:3QE CGa.7hS —' f 1 NOF9rWEST CORNET, c+ 4 // Poi,, of Beyhning NOM4'57"E / d N89'5194"E §Tidy ,\ ffC 49. 7 i Mort' Lln ,ICCESS �, 971'28'46"W E ASk'ATEXT� 10, D �!� \ 5475 T52"W T 903 T ti J Nn3'1; Ili lf1 f i 1 5; KL'U6- , r 9259 +� a 'Ali G 4c, L1J-CR, U 8',5;K PION ,17l E9 1 AX. (97C; CEC 5ffi+ i W4W KINs aver a, C,. M UAT1 c CUEN %c rt is.nr si,; POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That STEVEN LEE of Larimer County, Colorado, reposing special trust and confidence in YOON JUNG LEE of Latimer County, Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said YOON JUNG LEE, my true and lawful attorney for me and in my name, place and stead, to accomplish the sale, conveyance, easement dedication, plat dedication, negotiating, or any contemplate' act with regard to the following described real property: Lot 4 and the East 82 feet of Lots 5 and 6, THUNDERBIRD ESTATES SIXTH SUBDIVISION, in the City of Fort Collins, Larimer County, Colorado. Commonly known as: 2612 S. College Avenue, Fort Collins, Colorado Hereby giving and granting unto said attorney full power and authority to negotiate, do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as frilly to all intent and purposes as I might or could do if personally present, including, but not limited to, the execution of deeds conveying real estate, with full power to purchase and convey, and the execution of any and all documents related thereto including closing and settlement sheets in connection with said transfer; with full power of revocation hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney shall not be aff cud by my disability. Executed this 3 0 day of January, 2004. 4�J-41 Steven Lee STATE OF COLORADO ) ss. COUNTYOF The foregoing instrument was acknowledged before me this �O day of January, 2004 by Steven Lee. Witness my hand and official seal. My commission r• C��TARY •? PUBLIC Notary Public 10117MU and includ..ng all storm sewer inlets and manholes. (i5) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by the party of the second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to ba constructed within the subdivision than would be required by standard engineering p:.actices to serve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the subdividerls approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be de'':ermined in advance of construction. by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be heret; -, ;ttest to by its City Clerk, pursuant to motion of the Council of one City of Fort Collins dated the 7th day of necenl>er A. D., 1267 , and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: City Clerk THE CITY OF FORT COLLINS. A Municipal Corporation "J�jRyA .. �Mbyor First Party O (SEAL) Second Party/ �z - /iCe.� COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 404009 STATE HIGHWAY ACCESS CODE SH/S/MP 287C/344.050/R NOTICE TO PROCEED Local Jurisdiction Fort Collins Permittee(s): Applicant; Dillon Tidwell Dillon Tidwell COL College and Drake Hunt Douglas 5100 W. Kennedy Blvd, Suite 225 5100 W. Kennedy Blvd, Suite 225 Tampa, FL 33609 Tampa, FL 33609 970-282-0988 970-282-0988 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. The Notice to Proceed includes the Contractor's Certificate(s) of Insurance. Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date W This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By (X) cn�a c C e- C, Title ss f CC�s s Date , 2 Copy tolstrib tion: Required 1. Region Permit files 2. Staff Access Section. As needed: Local Authority M E Patrol, Inspector 1 Form 1265 8/98 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(Msuuo OHNC-2 02/25/04 io CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Linden/Bartels s Noe Agency FC 614 Oakridge Drive, Unit A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 'ort Collins CO 80525 'hone:970-229-9304 Fax:970-229-1398 -------------- --- — ISURED INSURER A. Employers Mutual INSURER B. Pinnacol Assurance INSURER C. Dohn Construction, Inc 2642 Midploint Drive Unit A Fort Col ins CO 805�5 I - INSURER D: INSURER E. :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PPJD CLAIMS. �R TR TYPE OF r POLICY NUMBER froCY EFFECTIVE DATE MMID PO Y MIDDf DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ S , 000,000 FIRE DAMAGE(Any.fire) $100,000 .e. X COMMERCIAL GENERAL LIABILITY 1K5725504 10/01/03 10/01/04 MED E%P (Any one person) $5,000 CLAIMS MADE LXJ OCCUR PERSONAL 8 ADV INJURY _ $ 1, 000 , 000 -_-_1 GENERAL AGGREGATE $2 000,000 PRODUCTS - COMPIOP AGG s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT A AUTOMOBILE X LIABILITY ANY AUTO IZ5725504 10/01/03 10/01/04 COMBINED SINGLE LIMIT $ 1 , 000 , 000 BODILY INJURY (Par perwn) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (P�Ccid°at) _ $ HIRED AUTOS NON-OWNEDAUTOS X PROPERTY DAMAGE (Per a dent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $5,000,000 A X OCCUR �CLAIMSMADE 1J5725504 10/01/03 10/01/04 AGGREGATE s5,000,000 S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X TORY LIMIU BS ER B EMPLOYERS'LIABILITY 3055407 07/01/03 07/01/04 E L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE -POLICY LIMIT $500, 000 OTHER A Builders Risk 1IS725504 10/01/03 10/01/04 1 LOC. $5,000,000 ALL LOC. $5,000,000 IESCRIPTION OF OPERATIONSAOCATIONSJVEHICLMEXCLUSnNS ADDED BY ENDORSEMENTISPECUIL PROVISIONS kE: Eckerd Drug. COL College & Drake, LLC, Eckerd Corporation and COOT are named as additional insured in regards to the general liability, excess Liability and builders risk. COL College and Drake, LLC and Eckerd corporation are named as loss payee with respects to the builders risk and Bank of Florida is loss payee in regards to the builders risk. ;ERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER:_ CANCELLATION HUNTDOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRFFTEN HuntDouglas Real Estate NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFF, BUT FAILURE TO DO SO SHALL Services, Inc. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Debra Penton 5100 W. Kennedy Blvd, Ste 225 REPRESENTAIJVES. __-- Tampa FL 33609-1892 AUTHORED REPRESENTATIVE ' COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit Nc. STATE HIGHWAY ACCESS PERMIT 404009 State Highway No/Mp/Side 287C/344.050/R Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 100.00 02/24/2004 04/01/04 Fort Collins The Permittee(s); Applicant; Ref No. 2004 Dillon Tidwell Dillon Tidwell COL College and Drake Hunt Douglas 5100 W. Kennedy Blvd, Suite 225 5100 W. Kennedy Blvd, Suite 225 Tampa, FL 33609 Tampa, FL 33609 970-282-0988 970-282-0988 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. 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: The access is to be located on State Highway 287, a distance of 264 feet north from Mile Post 344 on the east/right side. Access to Provide Service to: Gasoline Service Station - 6 fueling positions ............................................... 1,300 Sq Ft 100.00 % Other terms and conditions: • See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. • The existing shared access will be modified slightly, and connectivity between the two properties is being removed. The access is being formalized on the adjacent property thru an easement and will serve ONLY the existing gas station. • The Notice to Proceed will be issued upon receipt of the Contractor's Certiffcate(s) of Insurance, naming CDOT as additional insured. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (x) 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 Linda McWilliams with the Colorado Department of Transportation in Greeley at 970-350- 2147 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 its terms and conditions. Permittee _ Date This permit is not valid until signed by a duly authorized representative of the Department. COLD ADO DEP RTMENT OF TRANSPORTATION By (/ Date (of issue) Title Access Manager (x) ��J _ C Copy Dlat ibutlon: Required: Make cop' s as n cessary for: Previous editions ere obsolete and may not be used I Region Local Authority Inspector CDOT Form s101 8/98 2.Applicant MTCE Patrol Traffic Engineer 3.Staff Access Section State Highway Access Permit Page 1 Attachment to Permit No. 404009 - Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Tess Jones at (970) 350-2163. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (CDOT Form No. 137) Permit (CDOT Form No. 101) and its two page attachment Exhibits: "A" - Vicinity map "B' - Documentation regarding easement for gas station "C" - Construction Plans for "Thunderbrid Estates" and Eckard Drug 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based 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 operation aspects may render this permit void, requiring a new permit to the be applied for based upon exisiting and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. 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 State Highway Access 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. 7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. This access is limited to RIGHT TURNS ONLY. Left turns are not allowed as identified on the attached Exhibit "C", Sheet 5. 9. Reconstruction and 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 reparis. 10. The Department retains the right to perform any necessary maintenance work in this area. 11. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 12. The Permittee is responsible for obtaining any necessary additional federal, state, and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 13. All costs associated with the installation of this access are the responsibility of the Permittee. This includes State Highway Access Permit Page 2 Attachment to Permit No. 404009 - Additional Terms and Conditions design, construction, signing and striping, utility relocation, testing of materials, and inspections. 14. No work will be allowed at night, or on Saturdays, Sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 15. Traffic detours or lane closures will not be allowed, unless pre -approved by the Department. 16. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 17. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 18. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping Permit from the Maintenance Section. The access permit does not authorize that activity, although a proposed landscaping plan shall be included in the access permitting document. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Don Miller at the Loveland Maintenance Office, (970) 667-4650, to obtain the Landscaping Permit. 19. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 20. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 21. The State requires a Certificate of Insurance prior to commencing any work on the State Highway right-of-way. Policies shall name the State of Colorado as additional insured party. All vendors, contractors, and utility companies shall procure, at their own expense, and maintain for the duration of the work period, the following minimum insurance coverages: A. Standard workman's compensation and employer's liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State Statutes. B. Comprehensive general liability in the amount of $600,000 combined single limit bodily injury and property damage, each occurrence and $2,000,000 annual aggregate. C. Automobile liability in the amount of $600,000 combined single limit bodily injury and property damage, for each accident. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit and be available on the site during construction. State Highway Access Permit Page 3 Attachment to Permit No. 404009 - Additional Terms and Conditions 22. All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection improvement(s) within the State Highway shall be in accordance with the following Department standard references as applicable: A. State Highway Access Code, 2 CCR 601-1 B. Roadway Design Manual C. Materials Manual D. Construction Manual E. Standard Specifications for Road and Bridge Construction, latest edition F. Standard Plans (M&S Standards) G. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto H. A policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition 1. AASHTO Roadside Design Guide J. Institute of Transportation Engineer's Trip Gneration Manual, 6th edition Some of the reference materials listed above (A thru F) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, CO 80222-3400 (303)757-9313 The State Highway Access Code may be purchased from: The Public Records Corporation 1666 Lafayette Street PO Box 18186 Denver, CO 80218 (303)832-8262 The website is: www.dot.state.co.usibusiness/accessmgt/ 23. 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 permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 24. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, artifacts, (pottery, stone tools, arrowheads, etc.), the work shall be stopped and the Permittee shall notify the Department inspector. 25. The Permittee or the contractor shall notify Linda McWilliams at (970) 350-2147, 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 revocation of this permit. State Highway Access Permit Page 4 Attachment to Permit No. 404009 - Additional Terms and Conditions 26. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 27. Upon completion of the work, a letter certifying that all project materials, construction, inspection and workmanship was in accordance with the plans and applicable Department Standard Specifications for Road and Bridge Construction shall be submitted to the Region Access Manager. The certification letter must be signed and stamped (sealed) by a Colorado registered professional engineer. 28. The access shall remain as a 35' curb cut. 29. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 30. All required access improvements shall be installed prior to the herein authorized use of this access. 31. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 32. Compaction of subgrade, embankments and backfill shall be in accordance with Section 203.07 of the Department's standard specifications. Test results shall be provided to the Region Access Manager. 33. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 34. The top layer of plant mix bituminous pavement shall not be placed between October 1 and April 1, unless otherwise approved by the Department. 35. Any layer of bituminous pavement that is to have a succeeding layer placed thereon shall be completed full width, before succeeding layers are placed. 36. 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. 37. The access shall be constructed and maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 38. All existing drainage structures shall be extended, modified, or upgraded as necessary, to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 39. The Permittee shall request final inspection by Linda McWilliams at (970) 350-2147, within 10 days following completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 40. A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 41. The design and construction of access and/or development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee.