HomeMy WebLinkAboutUNIVERSITY CENTER PUD (UNIVERSITY MALL REDEVELOPMENT) - FINAL - 2-96A - CORRESPONDENCE - CITIZEN COMMUNICATION (4)Mr. Steve Olt
November 22, 1996
Page 2
If you have any questions concerning this matter, please do not hesitate to contact me.
Very truly yours,
ELROD, KATZ, PREEO, LOOK,
MOISON & SILVERMAN, P.C.
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Robert L. Preeo
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Perry\859181-1920
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Richard B. Elrod
Michael M. Katz
Robert L. Preeo'
Harley K. Look, Jr."
Peter R. Moison
Eldon E. Silverman"'
ELROD, KATZ, PREEO, LOOK,
NOV 2 5191) MOISON & SILVERMAN
PROFESSIONAL CORPORATION
Attorneys and Counsellors at Law
Also Licensed in California
Also Licensed in Florida"
Also Licensed in Wisconsin "
Also Licensed in Wyoming
Also Licensed in Connecticut
Also Licensed in Washington
November 22, 1996
1120 Lincoln Street, Suite 1100
Denver, Colorado 80203-2139
Telephone 303-832-1900
Telecopier 303-863-0412
Mr. Steve Olt, City Planner
Community Planning Environmental Services
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, Colorado 80522-0580
Martin J. Green
Richard M. Hess, Jr.""
Jersey M. Green
Marilyn W. McWilliams
Kathryn A. Reeves
Gilbert R. Egle
Brian E. Onorato *'**
Timothy K. Jordan
Of Counsel:
Richard P. Rosen, P.C.
COPY SENT BY FAX (970) 224-6111
Re: Proposed Project commonly known as University Center
PUD-Final, #2-96A
Dear Mr. Olt:
As counsel for Montwards, LLC, owner of the Montgomery Wards site immediately
adjacent to the University Center I have received a copy of your November 13, 1996 letter
informing my client of the scheduled Monday, November'25th meeting of the Planning and
Zoning Board of the City of Fort Collins and the intention to discuss the proposed project
commonly known as University Center PUD. Although we will be unable to attend this
meeting, we did want to voice our concerns with respect to any proposed increase in the
existing square footage of the improvements, which would be in violation of that certain
Agreement between the First National Bank of Ft. Collins. The Ft. Collins Development
Co., Inc. and Montgomery Ward & Co., Inc. dated December 3, 1962, recorded January 8,
1963 iL Book 1 i93 at, Page 376, Lorimer County, Colorado Records, as amended
("Agreement"). This particular Agreement which my client is a successor party to
specifically limits building area envelopes, building square footage and minimum numbers of
parking spaces. To the extent that this proposed project proposes improvements outside of
the building envelopes described in the Agreement, reduces parking ratios or increases square
footages, we object to the City's approval of any such Plan. Furthermore, Notice is hereby
given that any attempt to violate the Agreement by the Applicant, without our approval, will
result in an immediate action for injunctive relief and damages.
Although the Applicant has informed my client of their' proposal, it has not, as' of this
date, entered into any agreement with my client.
Perry\859181-1920