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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.