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HomeMy WebLinkAboutMEDICIAL CENTER OF FORT COLLINS PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-04-21WOOD. HERZOG, OSBORN & BLOOM PROFESSIONAL CORPORATION ATTORNEYS AT LAW MI OLD TOWN SQUARE DAVID L WOOD P.O BOX 2003 C WILLIAM HERZOG FORT COLLINS. COLORADO 80522 DAVID L OSBORN (303) 484-2928 CHARLES S BLOOM J WILLIAM OARROUGH JOHN W PHARRIS J J VICK December 14, 1988 Mr. Michael Herzig Planning and Zoning City of Fort Collins 300 Laporte Avenue Fort Collins, Colorado 80525 363 ELKHORN ESTES PARK. COLORADO 1303) 566-5648 RE: MEDICAL CENTER OF FORT COLLINS P.U.D. DEVELOPMENT AGRMT Dear Mr. Hert.zig: Mike Sollenberger and I have had a chance to review on behalf of Medical Plaza Associates and OB-GYN Investments, Ltd. and the Poudre Valley Hospital District (the owners of Medical Center of Fort Collins P.U.D.) the proposed draft Development Agreement submitted for our review dated November 22, 1988. Our prior, understandings and documentation from the City of Fort Collins, Medical Center of Fort Collins, P.U.D. owners sole future responsibilities is to make appropriate repairs to curb, gutter and sidewalk at the former Chevron site. With your cooperation we entered into discussions with the City and the owners of the former Park Central site, which we t r, now understand to be Rocky Mountain Investors, Inc. to help facilitate the installation of a right turn lane adjacent to the Chevron site. After a review of the Development Agreement it would be our preference to merely perform our former obligation and not get involved in the obligations contemplated by the draft Development Agreement, unless such obligation can be amended to facilitate the following: 1. S011enberger Development Corporation as the construction agent for Medical Center of Fort Collins, P.U.D. would determine to whom the bid would be let for all of the work, which would include the work to be performed by the PUD and the work to be paid for by Rocky Mountain Investors. Medical Plaza's share of such cost and the Rocky Mountain Investors' share would be specifically included as part of such bid. Mr. Michael Herzig December 14, 1988 Page 2 2. Rocky Mountain Investors then have the right to elect to accept the bid as pertains to them and would deposit with the City of Fort Collins in escrow 125% of the amount of such bid. 3. The work would then be performed and when accepted by the City payment in full would be forthcoming from the date of such acceptance. The City would promptly inspect the work upon its completion. Rocky Mountain could review the work as it is performed but would have no right to object to or otherwise direct the work, and the satisfactory completion of the work would be solely determined by the City of Fort Collins according to existing acceptable standards. It is likely that Sollenberger Development Corporation would elect to have Kiefer Concrete perform the concrete work on behalf of the project and will select the lower bidder of Flatiron or Sterling Paving for the paving aspects of the project. Sollenberger Development Corporation (SDC) will charge a reasonable fee for supervision and general contractor responsibility commensurate with similar charges in the area. Lastly, in order to protect Medical Plaza from having to pay for designs and plans which are not ultimately approved or utilized by Rocky Mountain Investors, the Agreement will require ' Rocky Mountain Investors to make satisfactory arrangements in r; advance with Dick Rutherford at Stewart and Associates to deposit in advance sufficient funds to cover Mr. Rutherford's costs of designing the right turn lane and obtaining the ;.' appropriate City approvals for the construction specifications. If the foregoing proposal is acceptable, please let us know at your earliest convenience and I will forward to you a draft copy of your revised agreement. If this is not acceptable, then Medical Plaza will elect its option to construct only those improvements required as part of the Medical Center PUD and will actively protect its rights in the future event that some of these improvements will have to be destroyed and reconstructed by Rocky Mountain as part of the construction of the PUD Phase III, which is their responsibility. Simply stated, our general position is to try to cooperate with the City and Rocky Mountain Investors, so long as we are not placed in an economic Mr. Michael Herzig December 14, 1988 Page 3 disadvantage in doing so, inasmuch as the right turn lane is not Medical Plaza's responsibility. Yours very truly, WOOD-, HERZOG, OSBORN & BLOOM `1 � avid L.. orn DLO:jmm c: Dr. Lee Jeffrey Mr. Michael Sollenberger Mr. Gunther Seligmann