HomeMy WebLinkAboutTIMBERLINE FARMS CORNERSTORE PUD - Filed OA-OTHER AGREEMENTS - 2004-03-04TIMBERLINE FARMS CORNER STORE P.U.D.
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, is made and entered into this%��Day of
of 199L, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City") and DIAMOND SHAMROCK REFINING AND MARKETING
COMPANY, a Delaware corporation ("Developer").
WHEREAS, the City and the Developer, together with Oak Farm Inc., a Colorado
corporation ("the Owner"), entered into that certain Development Agreement dated July 31,
1996, ("the Development Agreement"); and
WHEREAS, the Owner has sold to the Developer all of the Owner's interest in the real
property which is the subject matter of the Development Agreement; and
WHEREAS, the City and the Developer now desire to modify some of the terms and
conditions of 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 are hereby acknowledged, the
parties hereto agree to amend the terms and conditions of the Development Agreement as
follows:
A_ Subheading, II (Special Conditions), Section D, Paragraph 1. shall be replaced with the
following paragraph to read as follows:
1. The Developer agrees to reimburse the City the sum of $31,542.94 plus a percentage
added to recognize the effects of inflation, for the cost to construct the section of Timberline
Road and related improvements adjacent to the Property. The inflation factor shall be calculated
using the construction cost index for Denver as published in the Engineering News Record (ENR)
current at the time of completion of the Timberline Road improvements, and the same index
published in the ENR in the month preceding payment of the reimbursement. Payment shall be
made to the City prior to the issuance of the building permit ( in accordance with Paragraph 13.3.
of this Amendment Agreement) for this development.
13. Subheading II (Special Conditions) Section D shall have the following paragraphs 2. and
3. added to read as follows:
2. The Developer and the City agree that the Developer is responsible for all costs for the
initial installation of traffic signing and striping for this development related to the development's
local street operations. In addition the Developer is responsible for all costs for traffic signing and
striping related to directing traffic access to and from this development as shown in the approved
utility plans (e.g. all signing and striping for a right turn lane into this development site).
I� n D I 1
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A - SEE NOTE BELOW.
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GENERAL NOTES:
1. HEADWALL SHALL BE PERPENDICULAR TO THE CULVERT
UNLESS SHOWN ON THE PLANS.
�2. REVISED CDOH M-601-10.
3. VOLUME OCCUPIED BY PIPE HAS BEEN DEDUCTED FROM
STEEL AND CONCRETE QUANTITIES.
A- WHEN 2 OR MORE CONDUITS ARE LAID SIDE BY SIDE
THEY SHALL BE PLACED SO THAT THE ADJACENT PIPES
WILL 9E 1/2 INSIDE SPAN OR 3 FEET APART. -
HEADWALL FOR CMP - ARCH
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■
■- MULTIPLY X (OR XI) DIMENSION AND AL
QUANTITIES BY FACTOR IF CULVERT SKEW IS
LESS THAN 900 AND HEADWALL REMAINS
PARALLEL TO THE ROADWAY
SKEW FACTOR TABLE
SµW� p� 90 BS 80 75 TO 65 60 53 SO 46 40 35 1301
C70R a 1 CD. 6 I I103 03 1 VO
HEADWALLS FOR PIPES
(60" DIAMETER AND ABOVE)
ITY OF FORT COLLINS, COLORAD
ENGINEERING SERVICES UNIT
(APPROVED BY:J.dIr++LZ160"07"'
DATE: j141p4
NS:
r'_ I Ic
CULVERT
1. REVISED WON 11-E01-20.
2. ALL EXPOSED CONGES ON CONCIETE SHALL BE
CHMFSM 3/4-.
3 WMGWALL FOOTINGS AND FLOOR OF BOX CULVERT
SHALL BE PLAC® NONOIJTHCALLY.
4, EXPANSION JOW T MAT9BAL SHALL COIFORH
TO ASTU 0-1751.
5. DIMENSIONS H,BA, RISa;, k knti AND ANGLES FOR
WINGWALL4 SHALL BE AS SHOWN ON THE PLANS.
a THE MOAN SPLJCE LE1KiTH FOR COMM JJAR SIZES
SHALL SE,
BAR SIZE ♦4 +e
SPLICE U34M 1' o- 1' S-
7. OESION DATA
MT STRESSM 1g-20,000 P•I
1c- 1,200 pal
n-10
ECANVAL1 NNT FLUID PRESSURE 30 LBS/CILFT.
YAXWM TOE PRESSURE 1 TON/SQFT.
a ALL CONSTi;IJCT:ON JOINTS SHALL BE THOROIJONLY
LON6ITUDINAL#4 FOOTING BARS, PROJ£C
INTO CUWETtT FLOOR OR PIPE HEADWA
ETAIL 'A'
m 5SA O OnI 0.�S_41 UNLOS OTNERWIM
�1
WING ELEVATION
WINGWALLS
CITY OF FORT COLLINS, COLOR}
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE:
REVISIONS:
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EXHIBIT A FILL eKr�-
Z_
DESIGN TABLE
Tap of taatlns
.Damon tedUM
-'*- .w
T:4
ELEV.
PLAN
DESIGN EXAMPLE
GENERAL NOTES:
1. REVISED CDOH—M-601-20
04
It
CU Fr. OF
I III / IN BURLAP SACKAV[
�tCk d_BArts
I.a...�- ..e,tt such,
�l (SEE ofT
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i; 21. TYPICAL SECTION
E
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04 am 4 rat Of
alp Wt Tm MILL MY
Cmmwa�or0049 u t IIaeR d
WITH TOE WALL
104611,e
1
4 ■YOB at 16�
APRON
TOE WALL
T
atld
WITH CONCRETE APRON
Re— par. .891VS%f t
WINGWALLS
CITY OF FORT COLLINSP COLORA
ENGINEERING SERVICES UNIT
VED BY:.7.4-* `
DATE: S G
REVISIONS:
C All other terms and of the Development Agreement shall remain unchanged and in full
force and effect, except as expressly amended in this Amendment 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:
City Manager
ATTEST:
CITY CLERK
APPROVED AS TO CONTENT:
i
Director of Engineering - j
v
APPROVED AS TO FORM:
AsIstant City Attorney
DEVELOPER:
Diamond Shamrock Refining and Marketing
Company, a Delaware corporation.
By:`' c 6
R. S. Beadle, Vice -President
ATTEST:
By.
H rold D. Mallor 1
Secre ary
AGREEMENT
THIS AGREEMENT is made and entered into this Z—Ziay of 1996, by
and between THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation, and
OAK FARM INC., a Colorado corporation, hereinafter collectively referred to as "Applicant"; and
THE WARREN LAKE RESERVOIR COMPANY, a Colorado mutual irrigation company, hereinafter
referred to as "Ditch Company", which Reservoir Company is owner and operator of the Spring
Canyon Lateral.
PROJECT DESCRIPTION
Oak Farm Inc. is the owner of property located along Timberline Road and Milestone
Drive, in the City of Fort Collins, County of Larimer, State of Colorado, on which property an
offsite improvement must be constructed by Diamond Shamrock. Diamond Shamrock acquired
a building site from Oak Farm Inc. The developer will be required to extend the Spring Canyon
Lateral ditch crossing at Timberline Road to accommodate the right turn lane and sidewalk
required by the City of Fort Collins. The Spring Canyon Lateral ditch is located on property
owned by Oak Farm Inc. Diamond Shamrock will be responsible for the construction as herein
contemplated.
The project consists of an extension of the existing culvert at the South Timberline Road
crossing of the Spring Canyon Lateral. The project will extend the existing culvert
approximately 11 feet with a new 30 inch by 60 inch H.E.R.C.P. with a new headwall and wing
wall with toe walls, all as described on the attached extension plan prepared by Galloway,
Romero & Associates for Diamond Shamrock.
WITNESSETH:
WHEREAS, the Ditch Company is the owner of an irrigation ditch and the right-of-way
therefor through land as shown on Exhibit A attached hereto and made a part hereof by
reference; and
WHEREAS, the attached Exhibit A sets forth all the plans and specifications and terms
of this grant, and shall be in no way modified or changed by any subsequent or related plans
or materials not included therein; and
WHEREAS, the Ditch Company is willing to grant to Applicant this right upon the terms
and conditions hereinafter expressed;
NOW, THEREFORE, in consideration of the premises and the terms of the within
Agreement, it is agreed, as follows:
1. When the attached Exhibit A is approved by the Ditch Company, the Ditch
Company grants unto Applicant the right to construct, install and maintain the culvert extension
as described in the attached Exhibit A; and further grants unto the Applicant the right of
ingress and egress to a part of its ditch as shall be reasonable and necessary for the exercise
of the rights granted herein.
1
2. Ditch Company has been paid an application fee in the amount of Seven Hundred
Forty Dollars ($740.00). This is determined to be a minimum initial payment to cover
preliminary expenses, such as legal work, time and motor vehicles for use by superintendent
and/or directors; review of the application; and other preliminary matters. In addition thereto,
Applicant agrees to pay for such additional, reasonable and necessary expenses of the Ditch
Company for legal services and inspection of the works by the Ditch Company's President,
engineers and superintendent.
3. The construction herein contemplated shall be in strict accordance with the final
set of plans with any modifications set forth in Exhibit A attached and initialled by the parties
hereto. No excavation or changes in the present ditch because of the construction will be
involved except as provided herein. Said work shall further be done under the supervision of
the superintendent or other designated agents of the Ditch Company.
4. The construction shall be done after October 15, 1996, and completed promptly
after construction has commenced. The period of time for construction shall be designated by
the Ditch Company President. These periods will be mandatory, except as may be extended
by the President of Ditch Company or other duly authorized representative of the Ditch
Company, and said construction shall in no way interrupt, impede or interfere with the flow of
irrigation water, nor shall such construction adversely affect the quality of the water. All
construction shall proceed with due care to make certain that no contamination of the irrigation
water occurs.
5. Upon the completion of the project, the Applicant shall promptly notify the Ditch
Company, and the parties shall jointly inspect the ditch at the place of construction. If there
are any deficiencies in the work of the Applicant or any variations from the plans set forth in
the Exhibit, the Applicant shall forthwith remedy the same. In so doing, the Applicant shall
meet all reasonable requirements of the Ditch Company for the protection of the ditch and
surrounding property.
6. It is the intent of this Agreement that Applicant shall exercise due care in the
construction contemplated herein. Accordingly, it is hereby recognized by and between the
parties hereto that the Ditch Company is in no way responsible for any damages caused by
such construction.
7. The project shall be without cost to the Ditch Company, and the Applicant shall
hereby indemnify and forever hold the Ditch Company harmless to the extent permitted by law
and the charter of the City of Fort Collins for liability for damages caused by the project.
8. The Ditch Company shall have full power to operate and maintain its ditch as if
this Agreement had not been made, and any expenses caused thereby to the Applicant shall
not be chargeable to the Ditch Company.
9. The Applicant, its successors, assigns and all subsequent owners, agree that,
because of increased maintenance expenses and difficulties occasioned by the location of the
construction within the ditch right-of-way, it shall conduct any maintenance activities to the
facilities after construction as are necessary. This obligation shall be perpetual.
10. In the event either the Applicant or the Ditch Company shall be in default in any
of their covenants herein, so as to require the party not in default to retain counsel to attempt
PA
to enforce the covenants by negotiations or otherwise, or to commence legal or equitable action
against the defaulting party, the defaulting party agrees to pay all reasonable expenses of said
litigation incurred by the enforcing party, including, but not limited to docket fees, depositions
and reasonable attorneys' fees.
THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns
of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
E. Fischer, Secretary
(ATTEST:
\4S-5A��By:
STATE OFCOLORADO )
SS.
COUNTY OF LARIMER )
OAK FARM INC., a Colorado corporation
By.
Michael S. BBf� e, Pr sident
THE WARREN LAKE RESERVOIR COMPANY,
a Colorado mutual irrigation company
By:
Ron C. Ruff, Presi
THE CITY OF FORT COLLINS, COLORADO,
a Colorado municipal corporation
i» Au I-KjiI91:
vy/ N V V\,-
stint city Attorney
The above and foregoing Agreement was acknowledged before me this 22' a day of
1996, by Michael S. Bryne, as President of Oak Farm Inc., a Colorado corporation.
Yf�T�y
WITNESS my hand and official seal.
MY commission expires: z2. yt
+r+{SEAL}�
Notar Public
�3
STATE OFCOLORADO
ss.
COUNTY OF LARIMER
The above and foregoing Agreement was acknowledged before me this-nLsd day of
, 1996, by Ron C. Ruff as President and attested to by Gene E. Fischer as
Secretary of The Warren Lake Reservoir Company, a Colorado mutual irrigation company.
WITNESS my hand and official seal.
MY commission expires: u ZZ f4f
tLpt4 {SEAL)
7 Not ry Public
STATE OF COLORADO
ss.
COUNTY OF LARIMER )
The above and f e of g A regiment was ackppwledRed before me this day of
-__ has ts�y'/�1�,,,�,in, and at ested to by
,. of The City of`fort Collins, Colorado, a
Colorado mufVcipal corporation.
WITNESS my hand and official seal.
My commission expires: pjj/1/,7q9
{SEA ,
Cni Cf(l'j
T
0
I
Notary Public
EXHIBIT A
H.E.R.C.P.
(WALL
HEADWALL SECTION
SCALE: 1/4'-V-0'
2 HEADWALL -ELEVATION
SCALE: 1/4'-1'-0'
r
Diamond Shamrock
TIMBERUNE & MILESTONE
DITCH EXTENSION
0d le A Rcm t Arodatr
D.Nn &ago Pa, -g
WINGWALL-SEC70N
:42C2 Ea.! El- A.. '
----gXR44kx-A-------------------
NEW SIDEWALK
EXISTING 38"x60" H.E.R.C.P. a
TO REMAIN
EXISTING HEADWALL
-TO BE REMOVED
NEW 38"x60" H.E.R.C.P.
EXTEND EXISTNG PIPE
APPROX. 11'-0"
NEW HEADWALL &
WINGWALLS WITH T
WALLS
RELOCATE RIPRAP
FROM OPPOSITE
DITCH BANK
DITCH
TREE
(D-�s EADWALL-PLAN
CALL ,i8•-I•-o-
04 Dlamond Shamrock
TIMBERLINE & MILESTONE
DITCH EXTENSION
Cdorre% Rarrwe ! Assodotw
o..v, Er,*--" P�tia
RXHIBIT A
HEADWALL FOR SINGLE PIPE HEADWALL FOR DOUBLE PIPE
x �•I X1
2" Or. all man4,
TYPICAL 404
■■���\�■� low ■-��■■r�p�-\SON
=
402 4O �A If s —ram"'----�-r-1+
�12"cIR A
TYPICAL BAR LAYOUT FOR CONCRETE HEADWALLS
EXIIANSION JOINT
MATERIAL
FRONT
VIEW
TOP OF
WINGWALL
NOTCH
N
��� RE-aARS FROM
�.
WINGWALL FOOTING
i
r
r•
i
ICONTINUE INTO THE
HEADWALL.
i
i
TOP
VIEW
WINGWALL CONNECTION
GENERAL NOTES:
1. REVISED CDOH M-601-10.
2. FOR WINGWALL DETAILS,
SEE D-19• AND 19b.
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T tie) (no LAP
IT �
i402 T
Vic 4� Yam• x-4 W.
ARa+• aoou+e"
401 4
403
(x4 BAR) ( 4DBAR) (04 BAR) IW4DBAR) (se DBARI
BAR BENDING
nWAu PIC� �—
to
403
401 Is" 2cr • �� �: I
'.: 601
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BEVEL 4024 I I
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401
403
403
PICAL BAR INSTALLATION
INLET OUTLET INLET OUTLET
ENDS OF CSP ENDS OF RCP
HEADWALLS FOR PIPES
(60" DIAMETER AND ABOVE)
CITY OF FORT COLLINS9 COLORAD
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE: izlL
REVISIONS: