HomeMy WebLinkAboutMASON ST. NORTH, MAJOR AMEND. - FDP - 4-97C - CORRESPONDENCE - (19)IN WITNESS WHEREOF, the parties hereto have executed this Maintenance Sharing
Agreement the day and year first above written.
CITY OF FORT COLLINS
L-VA
Its:
MASON STREET NORTH, LLC.
BY: James W. LEACH DATED
Its: MANAGING PARTNER
STATE OF COLORADO )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000 by
My commission expires:
WITNESS my hand and official seal.
as
Notary Public
of
O61I6/04
brmy dm\wmd\mardnez\dm\maint agmmt with city-aug 2000
MAINTENANCE SHARING AGREEMENT
Dated May 18, 2004
This Maintenance Sharing Agreement is entered into this 28th day of May, 2004
between the CITY OF FORT COLLINS, ("City") and MASON STREET NORTH,
LLC., a Colorado Limited Liability Corporation, ("MSN,LLC.").
WHEREAS, the City owns the Lee Martinez Park directly north of the Martinez P.U.D.;
and
WHEREAS, MSN, LLC. owns Lot 12 and Tract A, Martinez P.U.D.;
WHEREAS, there are certain parcels of land owned by the City that MSN, LLC. has
agreed to maintain; and
NOW THEREFORE, in consideration of the promises set forth, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. The following terms used in this Maintenance Sharing Agreement shall have the
following meanings:
1.1. "Landscape Maintenance" shall mean mowing, fertilizing and weed control of
the grass.
1.2. "Irrigation Maintenance" shall mean maintaining the sprinkler system and
replacing any broken irrigation parts, and providing and paying for the water
used to irrigate the grass and trees.
2. There is a sidewalk running in an east -west direction on Tract A, as more fully shown
on Exhibit A attached hereto, approximately 30 feet north of the Mason Court
turnaround. The City has agreed to provide Landscape Maintenance and Irrigation
Maintenance for all property north of this sidewalk hard-scape and MSN, LLC. will
provide landscape Maintenance for the portion south of the hard-scape including the
sidewalk.
3. MSN, LLC. agrees to repair and maintain the swales construction in a clean and
working condition. The head wall and swale portions will be constructed so that the
City can maintain this area with their lawn mowers with minimal change from the
current maintenance operations.
06/16/04 brmy dots\w &narEnaWm%maint agnmt with city-aug 2000
Sincerely,
Mickey Willis
Agreed to this day of
CITY OF FORT COLLINS
NO
Agreed to this day of
MASON STREET NORTH, LLC.
BY
James Leach
Title
2004
2004
Managing Partner MSN, LLC.
06/16/04 - brmy dots\wcrd\martine\dms\maint agmmt with city-aug 2000
DRAFT - 05/27/04
May 27, 2004
Paul Yarbrough Real Estate Services
Basil Hamdan Utilities
City of Fort Collins
Fort Collins, CO 80521
Re: Mason Street North
Dear Paul and Basil;
This letter shall set forth our understanding regarding the landscape improvements to be
constructed, landscape maintenance, and irrigation maintenance for certain portions of
Martinez P.U.D. , Mason Street North and certain portions of the Lee Martinez Park
bordering Martinez P.U.D. All of the proposed new storm water improvements will be
constructed within the current recorded Martinez P.U.D. drainage easements.
1. There is a drainage outlet north of the Mason Court turnaround and MSN, LLC.
Agreed to maintain this area and install river rock in the swale below the outlet for a
length not to exceed 25 feet. It is my understanding that there is buried rip rap under
some of the turf near this outlet.
2. MSN, LLC. Will install one new storm water head wall or drainage outlet into the
recorded drainage easement just north of Tract A. This head wall will be designed
( with city approval) with buried and surface rip rap and will be blended into the
current park landscape so that the City can provide Landscape Maintenance.
3. MSN, LLC. agrees to repair and maintain the swales construction in a clean and
working condition. The head wall and swale portions will be constructed so that the
City can maintain this area with their lawn mowers with minimal change from the
current maintenance operations.
4. The City will provide Landscape Maintenance to the portion north of the hard-scape
and MSN, LLC. will provide landscape Maintenance for the portion south of the
hard-scape including the sidewalk.
If you are in agreement with these terms, please sign both copies of this letter, retain one
for your files and return one copy to me.
06/16/04 brmy dmkwor&ma ez\d \main agnnnt with city-aug 2000
PAGE 3
June 16, 2004
Project No: 1558-02-01
Re: Mason Street North; Ft. Collins, Colorado
Previously Lot 12 and Tract A, Martinez P.U.D.
If you have any questions, please call me at (970) 226-5334.
Sincerely,
Brian W. Shear, P.
Shear Engineering
BWS / swt
cc: Peter Clyde; Wonderland Hill Development Company
Mickey Willis
Korkut Onaran; Wolff- Lyon Architects
Steve Olt; City of Fort Collins Planning
Wes Lamarque; City of Fort Collins Stormwater Utility
PAGE 2
June 16, 2004
Project No: 1558-02-01
Re: Mason Street North; Ft. Collins; Colorado
Previously Lot 12 and Tract A, Martinez P.U.D.
Topic: Maintenance Agreement
A note has been added to the final plat referencing the maintenance agreement. The note reads as
follows:
NOTE: A maintenance agreement has been established between Mason Street North, LLC, and
the City of Fort Collins. Reference the maintenance agreement for details. The
maintenance agreement has been recorded in Larimer County Records at Reception
A copy of the revised plat is attached with the note highlighted.
A draft of the maintenance agreement is attached since this was not previously provided to you.
It is just so you know that something is happening with it. This agreement is being reviewed by
Mason Street North, LLC, and by Paul Yarborough.
Topic: Landscape Plan
A note will be added to the landscape plan concerning the trees to be placed in the area of the
Howes Street Outfall box culvert. The note will read as follows:
NOTE: The City will not be responsible for tree replacement during maintenance activities
related to the Howes Street Outfall box culverts
A revised copy of the landscape plan will be provided to you as soon as it is available.
Topic: Retaining fvall
On Sheet 17, the retaining wall details have been updated to include the following note:
NOTE: Building permit required before construction of retaining walls >6' high.
June 16, 2004
Project No: 1558-02-01
City of Fort Collins Engineering Department
P.O. Box 580
Ft. Collins, Colorado 80524
Attn: Katie Moore
Re: Mason Street North; Ft. Collins, Colorado
Previously Lot 12 and Tract A, Martinez P.U.D.
Dear Katie,
This letter serves as a supplemental response to comments based on our meeting with City of
Fort Collins staff on Monday, June 14, 2004. It serves to summarize revisions to the revised plan
set that were made based on your comments during our work session on Monday. We are
providing you with a new plan set. Several sheets have been revised since Monday.
Topic: Cherry Street Pedestrian Island
On Sheet 9, the Cherry Street pedestrian island plan has been revised as follows:
• The four f6ot (4') flat pad for the refuge has been widened to eight feet (8) in the east -west
direction. Due to the existing street slope of 4% in Cherry Street and the maximum allowable
slope of 1:12-from the pad to the street according to LCUASS standard Drawing 1608, the
slope of the eight feet (8) refuge will be 1.00% in the east -west direction.
• All curbs are now full height of 6".
• The note concerning the Martinez Park Neighborhood sign relocation has been re -written to
specify the sign relocation requirement with this project.
• Landscape has been noted and a note referencing the landscape plan by Wolff -Lyon has been
added.
• Limits of patching on Cherry Street has been revised.
The Master Improvements Plan has also been updated to reflect the revised patching
requirements at the Cherry Street Island.
4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com