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HomeMy WebLinkAboutSOUTH TRANSIT CENTER - PDP - 9-10 - CORRESPONDENCE - LEGAL DOCUMENTS (3)Erika Keeton, Special Projects Engineer City of Fort Collins Engineering Department P.O. Box 580 Fort Collins, CO 80522-0580 Mrs. Keeton, I have received your request for a proposed utility easement related to the City's South Transit Center project, located on the south property line of Spradley Barr LLC., at 4809 South College Avenue. Please let this letter serve as Spradley Barr's interest in further discussing the possibility of granting a 25' utility easement as shall be further described at some future date, to the Fort Collins Loveland Water District for installation of a water line. Understand that this letter is not intended nor should be interpreted as intending to be an agreement to grant said easement. No easement shall be granted until such time the parties mutually agree to teens and conditions of an easement and a formal fully negotiated agreement has been executed by both parties. Furthermore, in the event Spradley Barr LLC. finds it necessary to obtain legal counsel for the purpose of garnering legal advice in regards to said easement, Spradley Barr will require the City of Fort Collins or the Fort Collins Loveland Water District to agree in writing to pay for Spradeey Barr's legal services related to this matter. Kriss Spradley, President Spradley Barr, LLC �(8/12/2010) Emma McArdle - Fwd: Re: LVof Intent/Acknowledgment for South Tramenter- Page 3 MW Just want to give you all a reminder, there is a stack of red -lined plans waiting for pick up in the window at the front desk in 281 N College. Also, I hope the. letters of intend/acknowledgment are coming along, again I need those Tuesday to proceed with the August 24th hearing date. Thanks, Emma Emma McArdle City Planner City of Fort Collins emcardle anfcgov.com (970)221-6206 >>> On 8/3/2010 at 2:05 PM, in message <4C58221 C.8B42.009A.O(c)fcgov.com>, Emma McArdle wrote: The Staff Review comment letter from the 3rd submittal of the South Transit Center is attached. Please resubmit it with your final compliance submittal after hearing. I also have red -lined plans available for you at the front desk in 281 N College. The hearing is scheduled for August 24, 2010 at 6:00 pm in Conference Rooms A-D in 281 North College Avenue. If you have any problems attaining the letters of intent and acknowledgment before the deadline of August 10th, please let me know. Thanks, Emma Emma McArdle City Planner City of Fort Collins emcardIe(@fcaov.com (970)221-6206 (8/12/2010) Emma McArdle - Fwd: Re: rs of Intent/Acknowledgment for South T it Center Page 2 emcardle@fcgov.com (970)221-6206 >>> On 8/11/2010 at 8:16 AM, in message<4C625C4E.1C7E.0070.0(@fcgov.com>, Erika Keeton wrote: Here's Spradley's letter. Emma, let me know if this will work. >>> Emma McArdle 8/10/2010 3:41 PM >>> Do you think the week of August 30 is too soon? That would give you another week to get the letters. Or I can try for the next two weeks (Sept 6-8 or 13-15) Any preferences? >>> On 8/10/2010 at 3:33 PM, Steve Seefeld wrote: I'd say let's look out to a couple weeks, or even three. Sorry Emma. Nothing is easy anymore. SLS >>> Lindsay Kuntz 8/10/2010 3:30 PM >>> Emma, I don't think we'll be getting anything from Jon Prouty today. Thanks, Lindsay >>> Emma McArdle 8/10/2010 2:20 PM >>> Do we need to look at dates a week or two out further or am I going to get these documents today? Let me know. Thanks, Emma Emma McArdle City Planner City of Fort Collins emcardle@fcgov.com (970)221-6206 >>> On 8/9/2010 at 4:44 PM, in message<4C60306F.1C7E.0070.Oafcgov.com>, Erika Keeton wrote: Spradley wants their attorney to review. I will not know until tomorrow if I can get it or not. E >>> Emma McArdle 8/9/2010 4:37 PM >>> Just a reminder, I need the letter of intent and letter of acknowledgment TOMORROW to continue with the August 24th hearing date! Are we going to be able to do this? Thanks, Emma >>> On 8/6/2010 at 3:42 PM, in message <4C5C2D61.1 C7E.0070.0 at?fcgov.com>, Erika Keeton wrote: I have not been able to get a commitment yet from Spradley Barr. I am optimistic that I will have something by the 10th, but I will need the next two business days to make it happen. >>> Emma McArdle 8/6/2010 1:04 PM >>> (8/12/2010) Emma McArdle - Fwd: Re: Le& of Intent/Acknowledgment for South Trae Center Page 1 From: Paul Eckman To: Emma McArdle CC: Sheri Langenberger Date: 8/12/2010 9:55 AM Subject: Fwd: Re: Letters of Intent/Acknowledgment for South Transit Center ** Confidential ** Thanks, Emma. I don't like letters of intent in the first place. They are pretty well meaningless. I like deeds of easement. However, this "letter of intent" takes the prize. What it really is ... is a letter of lack of intent. I don't think you should consider it to be a bonafide letter of intent, and, as I said before, even those bonafide letters don't count for much. >>> Emma McArdle 8/11/2010 4:36 PM >>> Paul, See Sheri's response. Also, Ted did not think the letter would work, but I wanted your "legal" opinion, primarily because this is a City project and I want to make sure everything is on the up and up. Thanks! Emma >>> On 8/11/2010 at 4:32 PM, in message < C62D08D 2293.006E.0(cDfcgov.com>, Sheri Langenberger wrote: Emma I don't believe that a statement regarding letters of intent is in the code anywhere. The requirement has been a part of the submittal requirements. httl)://www.fcgov.com/currentplanning/pdf/submittal reg pdp 3.3.10.pdf Seepage 9. Which an applicant is required to submit unless waived per 2.4.2(C) of the Land Use Code. Hope this helps. Sheri >>> Emma McArdle 8/11/2010 3:15 PM >>> Sheri, Andrew, Marc and I couldn't find a code section requiring this, only the submittal requirements for PDP requiring a letter of intent prior to hearing... Do you know if this is a requirement by code and where it is stated? Emma >>> On 8/11/2010 at 3:11 PM, in message<4C62BDA5.25BC.003D.0@fcgov.com>, Paul Eckman wrote: Can you provide me with the regulation that requires/allows letters of intent? >>> Emma McArdle 8/11/2010 1:39 PM >>> Paul, I have doubts that the attached letter of intent will suffice in meeting the City's requirement for a letter of intent prior to hearing. This is for the City's South Transit Center Project, it needs an easement on Spradley Barr's property for a water line connection, per a requirement by Fort Collins/Loveland Water District. Will you please make a determination if this will work. Thanks, Emma Emma McArdle City Planner City of Fort Collins