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Home My WebLink AboutTACO BELL RESTAURANT - 51-90 - LEGAL DOCS - LETTER OF INTENTHAMMOND, CLARK AND WHITE LAW OFFICES FIRST NATIONAL BANK BUILDING, SUITE 41B LYNN A. HAMMOND 200 EAST SEVENTH STREET ALFRED P. DAVIS ROGER E. CLARK LOVELAND, COLORAD❑ B0537 OF COUNSEL GREGORY A. WHITE 303-667-1023 TELEFAK RECEIVED 1 303-669-9380 February 15, 1991 FEB 15 1991 CITY Al Steve Roy D IE O V P City Attorney 11 City of Fort Collins 300 LaPorte Avenue FED 1 91991 Fort Collins, CO 80521 City Council City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 Attention: City Manager Re: Proposed Expansion of Taco Bell Facility at 1538 South College Avenue, Fort Collins, Colorado Gentlemen: The enclosed notice of claim is being delivered to the City to preserve certain rights of the claimants. It is still the claimants' desire and expectation that the pending discussions with respect to these matters will be resolved satisfactorily. Very truly yours, Roger E. Clark REC:bb Enclosure 0 i (" Y LYNN A. HAMMOND ROGER E. CLARK GREGORY A. WHITE HAMMOND, CLARK AND WHITE LAW OFFICES FIRST NATIONAL BANK BUILDING, SUITE 418 200 EAST SEVENTH STREET LOVELAND, COLORADO 80537 303-667-1023 TELEFAX 303-669-9380 February 15, 1991 Steve Roy City Attorney City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 City Council City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 Attention: City Manager ALFRED P. DAVIS OF COUNSEL Re: Proposed Expansion of Taco Bell Facility at 1538 South College Avenue, Fort Collins, Colorado Dear Sirs: This notice is provided pursuant to CRS §24-10-109. A. Name and address of claimants: TACO CALIENTE, INC., an Arizona corporation 221 East 29th Street, Suite 214 Loveland, CO 80538 COOK & ASSOCIATES GENERAL PARTNERSHIP, a Colorado general partnership 221 East 29th Street, Suite 214 Loveland, CO 80538 JAMES F. COOK FAMILY TRUST 221 East 29th Street, Suite 214 Loveland, CO 80538 Name and address of claimants' attorney: ROGER E. CLARK HAMMOND, CLARK AND WHITE Suite 418, 200 East Seventh Street Loveland, CO 80537 a If) City of Fort Collins February 15, 1991 Page 2 B. Taco Caliente, Inc. operates a Taco Bell restaurant at 1538 South College Avenue, Fort Collins, Colorado. The partner- ship, Cook & Associates, owns the property on which said facility is located and leases the same to Taco Caliente, Inc. The James F. Cook Family Trust is the principal shareholder of Taco Caliente, Inc. and a general partner of Cook & Associates General Partnership. In 1990, the claimants were considering an expansion of the Taco Bell facility at 1538 South College Avenue and, in this regard, were considering purchase of the property at 1530 South College Avenue, which is immediately north of the property at 1538 South College Avenue. Prior to entering into a contract for the purchase of the property at 1530 South College Avenue, James F. Cook and Leslie A. Nordhagen, representatives of claimants, discussed the planned expansion with Ted Shepard and Mike Hertzig,.planners with the Planning Department of the City of Fort Collins, and, perhaps, with other individuals representing the City of Fort Collins. Mr. Shepard was aware that the facility to be expanded was a Taco Bell restaurant. During said discussions, Mr. Shepard advised Mr. Cook and Mr. Nordhagen that the zoning on the property at 1530 South College Avenue was such that an expansion of the restaurant was permissible as a matter of right. Based on these discussions, the property at 1530 South College Avenue was purchased by the James F. Cook Family Trust. The price paid for said property was wholly based on its value as an area in which to expand the existing restaurant. In addition to the price paid for the property at 1530 South College Avenue, claimants have incurred substantial expense with respect to designing and pursuing the proposed expansion of the restaurant. Subsequently, by letter dated August 17, 1990 and received by Mr. Nordhagen on or after August 20, 1990, Mr. Shepard, for the first time, advised claimants that, in his opinion, expansion of the restaurant was not a matter of right but, rather, was subject to the approval of the Planning and Zoning Board of the City of Fort Collins. To date, no final decision has been conveyed to claimants by the City of Fort Collins with respect to the planned expansion. However, if the planned expansion is not allowed by the City of Fort Collins, claimants will be injured, as more fully set forth below. t, City of Fort Collins February 15, 1991 Page 3 C. The names and address of any public employees involved known to the claimants at the present time are: TED SHEPARD City of Fort Collins Planning Department 281 North College Avenue Post Office Box 580 Fort Collins, CO 80521 MIKE HERTZIG City of Fort Collins Planning Department 281 North College Avenue Post Office Box 580 Fort Collins, CO 80521 D. In the event claimants are not permitted to complete the proposed expansion of the Taco Bell restaurant at 1538 South College Avenue, claimants will be damaged by the difference in value to claimants of the property at 1530 South College Avenue as a location for the restaurant expansion versus its fair market value for other allowed purposes. Claimants will be further damaged in the amount of the development and planning expenses incurred with respect to said proposed expansion. Finally, in such event, claimants or'some of them will be damaged by the lost profits which would have resulted from the expansion of the subject Taco Bell restaurant. E. The amount of all prospective damage is presently unknown, but is believed to exceed $300,000.00. REC:bb Ver truly yours, ^ Roger E. Clark