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HomeMy WebLinkAboutHARMONY RIDGE, 2ND FILING - FDP - 49-95G - CORRESPONDENCE - CITIZEN COMMUNICATIONMr. Matt Baker City of Fort Collins February 15, 2005 Page 2 Former Owners have filed this objection because City approval of development plan without requiring payment by Current Developer of any expansion fees due and payable to the City in connection with Harmony Road may leave Former Owners without an adequate remedy if the City thereafter attempts to collect payment of such expansion fee from Former Owners. Thank you for your consideration to the foregoing. HARMONY RIDGE ESTATES, LLC, a Colorado Limited ;'ka lity Company By: cc c�-,.,,� A C-Qvr I Z a, Manager RECEIVED F E B 17 2005 HARMONY RIDGE ESTATES, LLC 144 North Mason Street, Suite 4 CURRENT PLANNING Fort Collins, CO 80524 February 15, 2005 Mr. Matt Baker City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, CO 80521 Re: Harmony Ridge Estates, Phase 2 Dear Mr. Baker: The undersigned, for itself and on behalf of JDP, LLC, RAW Timberline Lakes, LLC and DCW Timberline Lakes, LLC (collectively, "Former Owners"), hereby provides notice of its objections to the City approval of preliminary or final development plans for the above project currently being sought by or on behalf of Global Holdings of Colorado, LLC/Jim Newcomb ("Current Developer"). It has come to the attention of the Former Owners that Current Developer may not recognize its obligation to pay to the City any fees associated with the previously constructed extension of Harmony Road which may be due and payable in connection with the development of Harmony Ridge Estates. To the extent that the Former Owners (or any of them) are alleged to have any obligation to the City in connection with any such fees, such obligations have succeeded to, and/or been assumed by, Current Developer. The Former Owners fully and adequately disclosed the existence of these obligations to Current Developer prior to its acquisition of the subject property, and Current Developer agreed to assume and take over responsibility for all such obligations. Furthermore, any such obligations that exist pursuant to a development agreement or similar documentation "run with the land" and would pass to Current Developer, as owner of the property burdened by any such obligation.