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HomeMy WebLinkAboutHARMONY MARKET PUD THIRD - Filed GC-GENERAL CORRESPONDENCE - 2005-10-07May 18, 1992 Mutual Life Attention: Des Moines, Develc lent Services Engineering Department Insurance Company Mr. Bill Courtney Iowa 50392 RE: Harmony Market Planned Unit Development, 3rd Filing Dear Mr. Courtney: The intent of this letter is to inform you that the requirements as set forth in the Development Agreement dated November 29, 1990, for the Harmony Market P.U.D., 3rd Filing have been completed. All public improvements ie. water, sanitary sewer, storm sewer, streets and sidewalks have been inspected and initially accepted by the City of Fort Collins pending normal warranty periods. Sincerely, David Stringer Chief construction Inspector DS/ltg cc: Security Title 343 West Drake Suite 200 Fort Collins, Co. 80526 `81 \orth C Alrl;e :lrenue • P.0 Roy �80 • Fort Collins. CO 80522-0�80 • (001) 2214,t,i`,. FISCHER, BROWN, HUDDLESON 9 GUNN, P. C WARD H. FISCHER ATTORNEYS AT WILLIAM H. LAW CHAS R. HUDDLES DDLESON WILLIAM C. GUNN TENTH FLOOR FIRST TOWER STEVEN B. RAT DAVID E. DWYER 215 WEST OAK STREET JAMES E.RINGENBERG T. THOMAS METIER FORT COLLINS, COLORADO 8OS21 WILLIAM R. FISCHER LUKE R.SANTANGELO- STEPHEN J. JOUARD CLINTONL.HUBBARD RANDAL M. WILLAgD October 18 , 1990 LISA K. LISA K. CLAY PATENT AND TRADEMAFn ATTORNET Mr. Mike Herzig City of Fort Collins Development Services/Planning Department 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522-0580 Re: Harmony Market PUD, 3rd Filing Development Agreement Dear Mike: MAILING ADDRESS POST OFFICE DRAWER J FORT COLLINS, CO 80522 TELEPHONE 303 /482 - 1056 FAX 303/482-3840 HAND DELIVERED On behalf of my client, Steele's Market, who is the prospective tenant or purchaser from Nash Finch Company, the Developer, I have reviewed a copy of the Development Agreement that was submitted to our office on October 9, 1990, and have the following comments and requested revisions: 1. The second WHEREAS on page 1 needs to be revised to accurately reflect how Oak Farm, the Owner, has contracted the property and how Nash Finch Company, the Developer, has obtained a right to purchase. Those changes should be reflected by deleting the present second WHEREAS and inserting the following: WHEREAS, Oak Farm has granted an option to purchase rDeveloper 1 to Fiest, Meager & Co., Inc., a Colorado corporation st Meager); Fiest Meager has assigned the option to hase to 600 Grant Associates, a Colorado limited nership (600 Grant); 600 Grant has assigned the option urchase to the First Interstate Bank of Denver, a onal banking association (Bank), and the Bank has red into an agreement with the Developer whereby the has the contractual right to acquire title to 1; 2. Since the Developer will not have the responsibility to develop Tracts A, B, C and D, the fourth and fifth WHEREAS should be deleted and the following substituted therefor: WHEREAS, if the Developer acquires title to Lot 1, it plans to develop Lot 1 and construct improvements thereon and desires to develop Tracts A, B, C and D as part of the development of said Lot 1; and 140 Mr. Mike Herzig October 18, 1990 Page 2 WHEREAS, the Developer has submitted to the City a LEngbdivision plat and/or a site plan and landscape plan, a Z Ceni py of which is on file in the office of the Director of ineering and made a part hereof by reference; and We are awaiting the determination of the party responsible for development of Tracts A, B, C and D and that name will be inserted in the blank above. When that party is determined, it should also be made a party to the Development Agreement, with its name inserted in the first paragraph and a signature line provided on the last page. 3. Since the first sentence of paragraph i.d refers to an Exhibit A and that Exhibit A shows that all matters thereon are inapplicable, the first sentence of paragraph l.d should be deleted. Also, the second sentence of l.d should either be deleted or should be restricted to installation of the described improvement in an area related to Lot 1 rather than to "other areas of the City." The second sentence is too broad and could literally require the Developer to install improvements anywhere in the City of Fort Collins. Since this property is located within the Lemay/Harmony Special Improvement District No. 78, Phase 1 (SID), are any of the improvements required by the City under the Development Agreement to be paid for through the SID? If so, which improvements will be paid and what is the procedure to ensure that payment is made to the City? If payments SID, does the Development Agreement needter to be amendedtoreflect such payment and the crediting thereof to the Developer? Under paragraph 2.d.(iii), a bond/deposit equal to 150% of the estimated costs of the improvements to Lemay Avenue needs to be made before construction of improvements to Lemay Avenue. In the agreement between the Bank and the Developer, the parties have agreed that at closing the Bank will deposit under an escrow agreement an amount equal to 125% of the cost of the following items: 1. Rough grading of Lot 1 by December 31, 1990, to within one -tenth of one foot of specifications provided by Nash Finch. 2. Installation of vehicular ingress/egress drives and curbs and gutters around the perimeter of Lot 1 as shown by the site plan by December 31, 1990. %W Mr. Mike Herzig October 18, 1990 Page 3 3. Installation of boulevard landscaping by May 1, 1991, and turn lane(s) on Lemay Street adjacent to Lot 1 (I would assume this would be adjacent to Tracts A, B, C and D) as and if required by the City of Fort Collins. Since some of the above work would constitute the improvements to Lemay Avenue as required under the Development Agreement in paragraph 2.d.(iii), would the escrow agreement partially satisfy the bond/deposit requirement? If so, how can this satisfaction be accomplished? Would the City require review and approval of the escrow agreement? If the City would accept the escrow agreement and also require participation in the preparation of it, I will consult with Nash Finch, Steele's, Oak Farm and the Bank to determine if they are willing to provide the escrow agreement as a partial satisfaction of the bond/deposit and how to best accomplish the obtaining of that credit and preparation and approval of the escrow agreement. After you have had a chance to review this letter, a copy of which I have sent to Paul Eckman, give me a call or have Paul give me a call and we will discuss it. Very truly yours, Y P.C. les R. Huddleson CRH:lrn cc: Mr. Jon Solberg Mr. Russ Kates (w/copy of Development Agreement) Mr. Bert Steele (w/copy of Development Agreement) Mr. Greg Fischer Mr. Tony Fiest (w/copy of Development Agreement) Mr. Lance Vanzant (w/copy of Development Agreement) Mr. Paul Eckman \crh\stss1as.nsh\hsrz19.1tr Develo ent Services Engineering Department Citv of Fort Collins May 2, 1991 The Neenan Company Paul Hoffman 2290 East Prospect Road P.O. Box 2127 Fort Collins, CO 80522 RE: Steeles Market, Harmony Market, 3rd Filing Dear Mr. Hoffman:: This letter is to inform you that the utilities to include sanitary sewer and water have been inspected and initially accepted by the City of Fort Collins pending the normal contractor's warranty period. Please be informed that this letter of acceptance does not relieve the developer or the contractor's, lot owners, or their contractors of their responsibility for the repair of any damage which may occur as a result of the building construction. Sincerely, L � Lance Newlin Engineering Construction Inspector LN/ltg cc: Twin Peaks Construction 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605 xmvatii� Trarisportatiott Services --- -------------------- - ��� I t. iu rr'r._ 11 pi rrwrt , ChN t I olt ( ('pins n wwlm December 13, 1999 �VP F v March & Liley, P.C. 110 East Oak Street, Suite 200 Fort Collins, Co. 80524 RE: Harmony Market planned Unit Development, 3`d filing Dear Mr. March: The intent of this letter is to inform you that the requirements as set forth in the Development Agreement dated November 29, 1990, for the Harmony Market F.U.D. 3.d Filing have been completed. All public improvements ie. Water, sewer, storm sewer, streets and sidewalks have been accepted and accepted by the City of Fort Collins. Therefore, the conditions as stated in this agreement have been fulfilled to the City's satisfaction. The City will not impose any additional conditions on this development until such time as it may redevelop. If this should occur, the City may choose to enter into a new Development Agreement as a result of any redevelopment of the site. Sincerely, David Stringer 1� Development Review Manager CC: File FISCHER, BROWN, HUDDLESON 8 GUNN, P. C. WARD H. FISCHER ATTORNEYS AT LAW WILLIAM H. BROWN CHAS R. HUDDLESON TENTH FLOOR FIRST TOWER WILLIAM GGUNN STEVEN 5. RAY 215 WEST OAK STREET DAVID E. DWYER JAMES E.RINGENBERG T. THOMAS METIER FORT COLLINS, COLORADO 80521 WILLIAM R. FISCHER LUKE R.SANTANGELO. STEPHEN J�JOUARD CLINTON L.HUBBARD October 18, 1990 RANOALL M. WILLARD LISA K.CLAY Mr. Mike Herzig City of Fort Collins Development Services/Planning Department 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522-0580 Re: Harmony Market PUD, 3rd Filing Development Agreement Dear Mike: MAILING ADDRESS POST OFFICE DRAWER J FORT COLLINS,CO 80522 TELEPHONE 303/482-1056 FAX 303/482-3640 HAND DELIVERED On behalf of my client, Steele's Market, who is the prospective tenant or purchaser from Nash Finch Company, the Developer, I have reviewed a copy of the Development Agreement that was submitted to our office on October 9, 1990, and have the following comments and requested revisions: 1. The second WHEREAS on page 1 needs to be revised to accurately reflect how Oak Farm, the Owner, has contracted the property and how Nash Finch Company, the Developer, has obtained a right to purchase. Those changes should be reflected by deleting the present second WHEREAS and inserting the following: WHEREAS, Oak Farm has granted an option to purchase f 1 to Fiest, Meager & Co., Inc., a Colorado corporation st Meager); Fiest Meager has assigned the option to hase_ to 600 Grant Associates, a Colorado limited nership (600 Grant); 600 Grant has assigned the option urc ase to the First Interstate Bank of Denver, a onal banking association (Bank), and the Bank has red into an agreement with the Developer whereby the loper has the contractual right to acquire title to 1; 2. Since the Developer will not have the responsibility to develop Tracts A, B, C and D, the fourth and fifth WHEREAS should be deleted and the following substituted therefor: WHEREAS, if the Developer acquires title to Lot 1, it plans to develop Lot 1 and construct improvements thereon and desires to develop Tracts A, B, C and D as part of the development of said Lot 1; and Mr. Mike Herzig October 18, 1990 Page 2 WHEREAS, the Developer has submitted to the City a r^subdivision plat and/or a site plan and landscape plan, a fell copy of which is on file in the office of the Director of Engineering and made a part hereof by reference; and We are awaiting the determination of the party responsible for development of Tracts A, B, C and D and that name will be inserted in the blank above. When that party is determined, it should also be made a party to the Development Agreement, with its name inserted in the first paragraph and a signature line provided on the last page. 3. Since the first sentence of paragraph l.d refers to an Exhibit A and that Exhibit A shows that all matters thereon are inapplicable, the first sentence of paragraph l.d should be deleted. Also, the second sentence of l.d should either be deleted or should be restricted to installation of the described improvement in an area related to Lot 1 rather than to "other areas of the City." The second sentence is too broad and could literally require the Developer to install improvements anywhere in the City of Fort Collins. Since this property is located within the Lemay/Harmony Special Improvement District No. 78, Phase 1 (SID), are any of the improvements required by the City under the Development Agreement to be paid for through the SID? If so, which improvements will be paid and what is the procedure to ensure that payment is made to the City? If payments are made from the SID, does the Development Agreement need to be amended to reflect such payment and the crediting thereof to the Developer? Under paragraph 2.d.(iii), a bond/deposit equal to 150% of the estimated costs of the improvements to Lemay Avenue needs to be made before construction of improvements to Lemay Avenue. In the agreement between the Bank and the Developer, the parties have agreed that at closing the Bank will deposit under an escrow agreement an amount equal to 125% of the cost of the following items: 1. Rough grading of Lot 1 by December 31, 1990, to within one -tenth of one foot of specifications provided by Nash Finch. 2. Installation of vehicular ingress/egress drives and curbs and gutters around the perimeter of Lot 1 as shown by the site plan by December 31, 1990. Mr. Mike Herzig October 18, 1990 Page 3 3. Installation of boulevard landscaping by May 1, 1991, and turn lane(s) on Lemay Street adjacent to Lot 1 (I would assume this would be adjacent to Tracts A, B, C and D) as and if required by the City of Fort Collins. Since some of the above work would constitute the improvements to Lemay Avenue as required under the Development Agreement in paragraph 2.d.(iii), would the escrow agreement partially satisfy the bond/deposit requirement? If so, how can this satisfaction be accomplished? Would the City require review and approval of the escrow agreement? If the City would accept the escrow agreement and also require participation in the preparation of it, I will consult with Nash Finch, Steele's, Oak Farm and the Bank to determine if they are willing to provide the escrow agreement as a partial satisfaction of the bond/deposit and how to best accomplish the obtaining of that credit and preparation and approval of the escrow agreement. After you have had a chance to review this letter, a copy of which I have sent to Paul Eckman, give me a call or have Paul give me a call and we will discuss it. Very truly yours, FI H R, BROWN, HUDD ESON & GUNN, P.C. C arles R. Huddleson CRH:lrn cc: Mr. Jon Solberg Mr. Russ Kates (w/copy of Development Agreement) Mr. Bert Steele (w/copy of Development Agreement) Mr. Greg Fischer Mr. Tony Fiest (w/copy of Development Agreement) Mr. Lance Vanzant (w/copy of Development Agreement) Mr. Paul Eckman \«n\stee1e..n.n\nerzi9.1tr Services Engineering Department City of Fort Collins December 13, 1999 March & Liley, P.C. GV PV 110 East Oak Street, Suite 200 Fort Collins, Co. 80524 RE: Harmony Market planned Unit Development, 3'" filing Dear Mr. March; The intent of this letter is to inform you that the requirement ro s set forth in the Development Agreement dated November 29, 1990, for the Harmony Market P.U.D. 3 Filing have been completed. All public improvements ie. Water, sewer, storm sewer, streets and sidewalks have been accepted and accepted by the City of Fort Collins. Therefore, the conditions as stated in this agreement have been fulfilled to the City,s satisfaction. The City will not impose any additional conditions on this development until such time as it may redevelop. If this should occur, the City may choose to enter into a new Development Agreement as a result of any redevelopment of the site. Sincerely, David Stringer Development Review Manager CC: File 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 Services Department May 18, 1992 Mutual Life Insurance Company Attention: Mr. Bill Courtney Des Moines, Iowa 50392 RE: Harmony Market Planned Unit Development, 3rd Filing Dear Mr. Courtney: The intent of this letter is to inform you that the requirements as set forth in the Development Agreement dated November 29, 1990, for the Harmony Market P.U.D., 3rd Filing have been completed. All public improvements ie. water, sanitary sewer, storm sewer, streets and sidewalks have been inspected and initially accepted by the City of Fort Collins pending normal warranty periods. Sincerely, David Stringer Chief construction Inspector DS/ltg cc: Security Title 343 West Drake Suite 200 Fort Collins, Co. 80526 281 North College Avenue P.O. Box 580 • Fort Collins, CO 80522-0580 (303) 221-6605 Develo�,ent Services Engineering Department City of Fort Collins May 2, 1991 The Neenan Company Paul Hoffman 2290 East Prospect Road P.O. Box 2127 Fort Collins, CO 80522 RE: Steeles Market, Harmony Market, 3rd Filing Dear Mr. Hoffman: This letter is to inform you that the utilities to include sanitary sewer and water have been inspected and initially accepted by the City of Fort Collins pending the normal contractor's warranty period. Please be informed that this letter of acceptance does not relieve the developer or the contractor's, lot owners, or their contractors of their responsibility for the repair of any damage which may occur as a result of the building construction. Sincer ly, tT6� eGr, Lance Newlin Engineering Construction Inspector LN/ltg cc: Twin Peaks Construction 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605