HomeMy WebLinkAboutLODGE AT MIRAMONT PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-04-20ITST
City Engineer
City of Fort Collins
P.O. Box 580
Ft. Collins, CO 80522
Re: Variance for The Lodge at Miramont, P. U.D.
Project No. 618-101
Dear Sir or Madam:
January 24, 2000
This letter is to request at variance for the above named project. Specifically, a variance
is being requested to allow an entrance driveway width of 42', which is 7' wider than the
35' City standard. This design variation was incorporated into the project plans at the
request of the Poudre Fire Authority and the City of Fort Collins during the preliminary
review process. The driveway is located at the project entrance on Boardwalk Drive and
is shown on the attached plans.
If you have any questions, comments, or need additional information on this or any other
aspect of this project, contact TST, Inc. at your convenience.
Respectfully,
MMH/tdy
cc: Vaught Frye Architects
Mr. Mike Sollenberger
TST, INC.
Consulting Engineers
748 Whalers Way - Building D
Fart Collins, CO 80525
(970)226-0557
Metro (303) 595-9103
Fax (970) 226-0204
Email info@tsdnc.com
ww tstinc.com
102 Inverness Terrace East
Suite 105
Englewood, CO 80112
(303)792-0557
Fax (303) 792-9489
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MARCH & LILEY, P.0
ARTHUR E MARCH, JR.
ATTORNEYS AND COUNSELORS AT LAW
LUCIA A. LILEY
110 E. OAK STREET
BRADFORD MARCH
FORT COLLINS, COLORADO 80524-2880 ARTHUR E. MARCH
.I.
(970) 482-4322 1908-1981
Fax 1970) 482-5719
March 21, 2001
Mr. Dave Stringer
Engineering Department
City of Fort Collins VIA HAND DELIVERY
281 N. College Avenue
Fort Collins, Colorado
RE: Development Agreement for The Lodge at Miramont
Dear Dave:
Mike Sol lenberger asked me to review and comment on the Development Agreement for The
Lodge at Miramont. I havejust a few comments:
Page 2, LC:
At the beginning of the first sentence, please put the phrase, "Unless otherwise agreed
herein,"
2. Pa,,eg 3, LI:
Are there any storm drainage basin fees payable and will there be any storm drainage
r its eligible for credit (Exhibit' B" )? improvements �
,c
3. Pa e 5, ILC.2:
In the sixth line, "developer" should be capitalized and in the fourth line from the bottom,
we would ask that the word "shall" be changed to "may" so that the City has the option to withhold
Lill or some building permits and certificates of occupancy but is not obligated to do so (see last
sentence of ILC.3 for a similar provision).
Mr. Dave Stringer
March 21, 2001
Page 2
3'
4. Paae 5, II.C.2:
In the last line on this page, we request that you strike the phrase, "notwithstanding any
provisions contained in paragraph III(J) to the contrary," and replace it with the phrase, "after notice
in accordance with paragraph II f.J," and then at the end of the sentence, add the phrase, "provided
that, i f the circumstances warrant a lesser notice period than ten (10) days, the City shall make a
good faith effort to provide as much notice as it deems reasonable under the circumstances."
There is no reason that the Developer should not get the required notice and have a right to
cure a default unless it's an emergency situation, and in that event, the City should make an effort
to provide at least some notice and cure period.
Paae 7, ILD.1:
At the end of the first sentence, please add the phrase, "and for any other public street
improvements which the City and the Developer may later agree need to be installed in connection
with the Property and which improvements meet the City's criteria for street oversizing
reimbursement." I believe we need to add this phrase since, on occasion, the City requests changes
after construction is started, and if the improvements qualify, they should be reimbursed.
6. Page 13, IILN:
fhe address for Western VII Investment, LLC is:
c/o Western Property Advisors, Inc.
ATTN: Stanley E. Whitaker, Jr.
3555 Stanford Road, Suite 107
Port Collins, CO 30525
Paec 14, Signature Block for Owner:
In the signature block for Owner, it should read as follows:
Western VII Investment, LLC
By: Western Property Advisors, Inc. as
Duly Authorized Agent for Western
VII Investment, LLC
Stanley E. Whitaker, Jr., Vice President
Mr. Dave Stringer
March 21, 2001
Page 3
If you have any questions, please feel free to contact me.
Sincerely,
MARCH & LILEY, P.C.
B - C� n k_
Luria A. Liley
LAL/glr
PC: Mike Sollenberger
MARCH & LILEY, P.0
ARTHUR E. MARCH, JR.
ATTORNEYS AND COUNSELORS AT LAW
LUCIA A. L.II BY
110 E. OAK STREET
J. BRADFORD MARCH
FORT COLI.INS, COLORADO 80524 2880 ARTHUR E MARCH
197O1 482 4322 1908 1981
Fax (970) 482-5719
April 3, 2001
Mr. Dave Stringer
Engineering Department
City of Fort Collins VIA HAND DELIVERY
281 N. College Avenue
Fort Collins, Colorado
RIi: Development Agreement for The Lodge at Miramont
Dear Dave:
I received the above -referenced Agreement back from you last week, and after discussions
with Mike Sollenberger. I still have a few comments and questions.
Paae 2, Section LC:
In my letter to you of March 21 ", I had requested that the phrase, "Unless otherwise agreed
herein...." be added at the beginning of the first sentence in this Section. However, I sec that this
has not been done. I again request the addition of this language.
2. Page 5, Section II.C.2:
In the sixth line, the word "developer" still needs to be capitalized.
3. Paae 8, Section ILD.7:
This paragraph is misnumbered. It should be "4" not "7".
Mr. Dave Stringer
April 3, 2001
Page 2
4. Paae 8, Section II.E.3:
You have added a new subparagraph 3 to this Section. I would request that it be revised as
Follows with my suggested changes shown in black lining:
11 3.
To the extent that the proposed storm water
detention facility is subject to jurisdiction by the State of Colorado Water Resources
Department.. - -
" i .Fitwouldbetheresponsibility
of the Developer to meet such State criteria and the Developer agrees, in that event,
to notify the City in writing when said State criteria has been met. Said notification
Shall include a copy of any acceptance forms htrrissued by the State."
I f you have any questions, please feel free to contact me.
Sincerely,
MARCH & LILEY, P.C.
LAL/glr
PC: Mike Sollenberger