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HomeMy WebLinkAboutWATERFIELD PUD SECOND FILING - Filed GC-GENERAL CORRESPONDENCE - 2005-08-24MARCH, LILEY & OLIVE P.C. ATTORNEYS AND COUNSELORS AT LAW I.HCIA A. Al LY 11C F. OAK STREET, SUITE 200 I. BRAUI0R1) MARCI I FORT COLLINS, COLORADO 80524 2880 5(tWANT V. 0I IV6 1970, 4824322 Fax 1970, 482 5119 October 23. 2002 Mr. Dave Stringer City Itngincering Department 281 N. College Avc. Port Collins. CO 80521 Re: WatcrFeld PUD god filing Modification of Conditions Dear Dave: AS I HUN '.MARCH 1908 1981 ARTHUR F_. MARCH, AS Recirun 2001 HAND DELIVERED I his lirm represents Country Club Farms, L.I..C. (Country Club"), the owner and developer of the WaterFeld PUD 2)" Filin, ("Second Filing"). The purpose of' this correspondcnce is to confirm that the request for inodiftcation of conditions to extend the deadline lot execution of the development agreement was presented to the Planning and Zoning Board at the vcrhal requAt of ('ountry Club and, further_ to retroactively consent in writing to the Planning and /.oning Boards grant of such modification of conditions on August 15. 2002. By: Sincerely. MARCI1. LILLY & OLIVE P.C. Lucia I,AI,/jpk pc: Carrie Daggett, Assistant City AttorneN Michelle Pawar. Director of Natural Resources Dour Moore. Natural Resources Department Jim McCora, Colorado Land Source, Inc. Services Engineering Department June 15, 2006 Bill Franzen, Executive Director of Operations Poudre School District 2407 Laporte Ave. Fort Collins, Co 80521 RE: Amendment to the Development Agreement for Waterfield PUD Second Filing Dear Mr. Franzen, The developers of Waterfield PUD, Second Filing (property located north of Vine Drive and west of Timberline Road) have approached the City of Fort Collins to amend the development agreement that is in place for this property of which the Poudre School District is a party to. The owner of this property is still interested in developing this property and has obtained a year extension to the vesting of this project (see attached letter). Since the Poudre School District was a signatory on the original development agreement for this site, any amendment to the agreement requires your approval. I have included a copy of the original agreement for your reference as well as 4 copies of the amendment agreement. Please sign and return 3 copies of this agreement. One copy is for your records. If you have any questions about this please contact Cameron Gloss, Current Planning Director at 221-6750 or Sheri Wamhoff at 221-6605. Sincerely, Sheri Wamhoff, PE Development Review Manager attachements cc: file 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 www.fcgov.com, MARCH, LILEY & OLIVE P.C. ATTORNEYS AND COUNSELORS AT LAW ARTHUR E.MARCH I IICIA A. LILEY 110 F. OAK BTRELT. SUI FE 200 190908 1981©� ,I HRADFORD MARCH FORT COLI.INS, COLORADO 80524-2880 ARTHUR E. MARCH ,JR- SI C W ARI W. 01 I V I 19 701 482-4i22 R11 Id 2001 F,x 97014825719 October 23, 2002 Mr. Dave Stringer ('ity F,nginecring Department HAND DELIVERED 281 N. ('oticgc Ave. Port Collins. C0 80521 Re: Waterfield PUD 2"' Filing Request fur Modification of Conditions Dcar Davc: ']'his firm represents Country Club Farms, L.L.C., the owner of the Waterfield PUD 2"1 Filing ("Second Piling"). Please he advised of the owner's agreement to a modiftcation of conditions of final approval to extend the deadline for execution Of the Development \grecmcnt. 13cc:ruse the parties have agreed on a conservation casement over the wetland and hHttC1 areas_ additional time is required to ncgOtiate the conditions Of Such an easement, to ensure that there is no detrimental impact to such areas and to revise the Development At rccmcnt. Although this change in position va°ill delay finalization of the Second Filing, the owner agrees that this solution is in all parties' best interests and desires to cooperate in hringing the matter to conclusion. Bv: LAI,/jI pc: Michelle Pawar, Director ofNatural Resources Doug Moore_ Natural Resources Department ('aerie Daggett, Assistant City Attorney lim McCort'. Colorado Land Source. Inc. Sincerely, MARCIL LILEY & OLIVE P.C. MARCH & LILEY, P.0 AILTHUR t. MARCH, .IR ATTORNEYS AND COUNSELORS AT LAW L K IA A. I ILL Y 110 E. OAK STREET J. RHADI ORD MARCH FORT COLLINS, COLORADO 80524-2880 ARTHUR E. MARCH I9701 432-4322 1908-1931 -ax 197M 482-5719 December 13, 2000 MEMORANDUM f0: Tom Shoemaker, Basil Harridan, Dave Stringer and Carrie Daggett FROM.: Janelle Kechter, CLA Rl?: Waterfield PUD Second Filing Final Plat Purchase and Sale AgreementiDcvelopment Agreement unclosed for your rcvicw is smother draft of the Purchase and Sale Agreement for the ('ity's purchase of the Natural Area Property. Please review the agreement carefully as it has undergone signif icanl revision since your initial rcvicw. I am also enclosing a copy of the revised title insurance commitment. You .a -ill note that the requirement for release of the nu ltgaLe to Bull Run Limited Partnership has been satisfied. You may contact Lucia or me with your comments on this draft ofthe agreement. Nolte Associates, Inc. is adding the City and the POLtdre School District to the final plat molar as owners. We would anticipate that the City's next draft of the Development Agreement will rcllcct these owners and incorporate some of the terms of the Purchase and Sale Agreement including the Contribution for Future County Road I UConifer Street Alignment (paragraph 5) and provisions regarding the installation and maintenance of the storm drainage and landscaping improvements (paragraphs 7 and 8). If we are unable to complete these agreements and record the final plat by December 31, -1000, it vgill also he necessary to change the date for fulfillment of the contingency (paragraph 1 ;) and the closing date (paragraph 4) in the Purchase and Sale Agreement. I'hauk you for your patience in this process. We look forward to hearing from you. MARCH & LILEY, P.C. ARTHURE MARCH. JR ATTORNEYS AND COUNSELORS AT LAW I UCIA A. 1 ILFY 110 E. OAK STREET .1. BRADFORD MARCH FORT COLLINS. COI ORADO 8052428BO i9701 482-4322 Fax f97n1482-5719 August 10, 2000 Mr. Dave Stringer Engineering Department 281 North College Ave. Fort Collins. CO 80521 Re: Waterfield PIJD, Second Filing Dear Dave: ARTHUR E. MARCH 1908-1981 Enclosed is the completed Information for Development elopent Agreement that you left in the Current Planning ol,lice for me on August 8'R. In response to your note that "storm water needs one more round of review", Lucia contacted Basil Hamden and the developer's engineer, Tom Ochwat of Nolte and Associates. Inc. and both confirmed that they had met, resolved any outstanding concerns, and that Basil had given his approval to go to mylars. Tom Ochwat has now prepared the construction/utility plan mylars and the subdivision plat mylar and has ohtained all review aacncv signatures. VF Ripley Associates is preparing the planning mylars and the Site and Landscape Covenants. We estimate that all mylars could be ready for delivery to the City as early as next week. As you know, the City is purchasing approximately 39.75 acres of wctland/open space in the Second Filing from Country Club Farms, L.L.C., the ov ner and developer. Our office has prepared it Purchase and Sale Agreement which is being reviewed by Tom Shoemaker and Carrie Daggett. Because the developer's obligation to participate in certain road improvements will be satisfied by a cash nayment immediately after closing of the sale of the wctland/open space parcel. those terms of the Purchase and Sale Agreement should also be included in the I )cvclopmcnt Agreement. 'I hereforc, as soon as we receive Tom and Carrie's comments on the Purchase and Sale Agreement, which we expect yet this week, we will forward you a copy. We look forward to receiving your draft of the Development Agreement. Please call if you have any questions. Thank you. Sincerely, MARCII & LILEY, P.C. By: _ Janelle Kcchter, CLA Paralegal /jPk Enclosure PC: Country Club Farms, L.L.C. MARCH & LILEY, P.0 AWHUR F. MAHCH..1R. ATTORNEYS AND COUNSELORS AT LAW I HCiA A. 1II LY 110 E. OAK STRFFT I. FWADFURD MARCI I FORT COLT INS, CO: DRADO 90824 2880 ARrHUR E. MARCH 19704482 4322 1908 1931 Fax 9701482-5719 October 2, 2000 Mr. Dave Stringer I.nginccring Department Citv of Port Collins P- O- Box, SRO Fort ('ollins_ CO 80522-0580 RI:: Watertield PUD_ Second Filing I)Car Dave: Lucia and I mct with Tom Shoemaker today to discuss the draft of the Purchase and Sale Agreement fiu the NCtland/open space purchase by the City° and arc in the process of making revisions, which we will Let to von in ❑ Icw Ways. In the meantime. we would appreciate receiving your draft of the Dcvclopment A11rerment so vvc can hcain our reviCc of that document also. Khan], you tilt' N OUT attention to this matter - Sincerely, MARCI I & LILF,Y, P.C. jk 13%: f � Janelle Kcchter, CLA Paralegal ijpk pc: County Club Farms, L.L.C. Transpor"tion Services Engineering Department City of Fort Collins August 7, 2000 Nolte Engineering 432 South Link Lane Plaza Fort Collins, Co. 80524 To whom it may concern: It is the City's standard requirement that all roadway improvements including arterial streets be designed and built by developers. This requirement includes all interim and full arterial street construction associated with that portion of street adjacent to their development and/or any off -site improvements when needed. The intent of this letter is to inform you that the developer of the Waterfield P.U.D. 2nd Filing is responsible for the design and construction of the Vine Drive improvements from Merganser Drive, west to the western most property boundary. However, the City does not want the developer to build the full improvement at this time, and has requested that the developer escrow, with the City, the costs of these improvements, (curbs,gutters, and street pavement), including an inflation factor. When the money has been escrowed the City will use these funds at some future date. The ultimate construction of the roadway section is uncertain at this time and will not begin until further developments should occur in this area. Sincerely, ` � 9 /f David Stringer Development Review Supervisor Cc: Matt Baker 281 North Cnllc"c AS'OnuC • IT). Iiox 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 wwk%.ci.fort-collins.co.us BRISBEN COMPANIES 7800 EAST KEMPER ROAD CINCINNATI, CIHIO 45249 (513) 489-1990 FAX (513) 489-2980 October 29, 1998 Mr. David Stringer Engineering Department, City of Fort Collins 281 North College Fort Collins, CO 80522 Re: Waterfield PUD Dear Dave: On September 24, 1998, a meeting was held at the City of Fort Collins to discuss the Waterfield PUD First Filing. Attending the meeting were John Gambini of Sycamore Construction, the general contractor for Bull Run Apartments, Kim Vowell of the Brisben Companies, the developer of Bull Run Apartments, Lucia Liley of March and Liley, attorney for the developer, James R. McCory of Colorado Land Source, Ltd., the developer of Waterfield PUD and David Stringer, representing the City of Fort Collins. The purpose of the meeting was to discuss and arrive at a solution to enable Brisben to develop the Bull Run Apartments in view ofthe fact that certain obligations of the overall l'UD could not be met in a timely fashion, potentially forcing the apartment development's demise. The following represents our understanding of the agreements that were reached: The City agreed that it would immediately prepare a Development Agreement for all of Waterfield PUD Filing 1. This agreement would be prepared, however, with the understanding that the City will later approve two separate Development Agreements dividing improvements and obligations between the single family and multi -family developments. Such amendment would relieve Brisben of certain of the overall PUD development requirements that are ultimately required upon development of the single family portion of the PUD. It was agreed that such action is necessitated so that Brisben's affordable housing effort is not overly encumbered by development costs and improvements not benefiting the apartment development. Brisben will not have to construct County Road 9E adjacent to its property; however, the City will require that an escrow (at 12.5% of the cost of the improvement) guaranteeing the future construction of the road to full City standards be in place prior to issuance of the first C.O. The escrow amount will be for the ultimate build -out and will be just for that portion of County Road 9E that is adjacent to the multi -family. RecroNnL Orncrs_ 2525 Pr-RIMCTER PLAce DRIVE . SVITE 129 . N .Hw, Lo_. Tr_NNEs... 37214 (615) 889-1978 FAX (615) 889-3334 MOO -I STUART ANOR[-\V BOULTVARY . CHARLOTTE. NORTH CAROLINA 28217 - (704) 523-4115 _ FAX (704) 523-4415 48911NDEPr NDErect STREET . SUIT[ 149 . DENVER. COLORApO 80033 . (303) 421-9990 - FAX (303)432-8661 2325 N. W. 33KD STRIi ET Fr. LAUDTRDALE. FI ORIDA 33309 . (954) 939-0000 . FAX (954) 739-7563 4051 FxTc VTIVE PARK DRIVE - HARRISBURG, PENIsILVANIA 17111 . (217) 561-2555 - FAX (717) 561-2580 Mr. Dave Stringer October 29, 1998 Page 2 • Brisben will construct a 36' paving lane and appurtenances on East Vine Drive from the intersection of County Road 9E to Merganser Drive, to include the intersection of Merganser Drive ("Interim Improvements"). The City will require an escrow or cash payment (at 125% of the cost of the improvement) for the ultimate build -out of East Vine Drive prior to the issuance of the first C.O., provided, however, that the cost of those portions of the Interim Improvements which will not need to be removed in order to build Vine Drive to full City standards will be deducted from the escrow amount and provided further that such escrow will include only that portion of Vine Drive adjacent to Bull Run and will not include the outparcels adjacent to Vine Drive. • Brisben will construct full -width pavement and appurtenances (water, sewer and storm) that serve and benefit the apartments on the west side of the apartment development. The paving, sanitary sewer and water line designed to continue north on Merganser Drive (serving the single family) will be terminated and plugged at the north property line of the multi -family parcel (approximately Sta. 19+74). • Brisbe�p will construct all downstream sanitary sewer and stormwater facilities in Vm5im front of the future apartments and in Merganser Road (up to Sta. 19+74) necessary to serve the apartment project. The stormwater improvements shall include excavation of the entire detention pond facility and installation of the outfall structure (Storm Line L). Brisben will install within the pond only the east -west concrete trickle channel that serves the upstream apartment improvements. The remainder of the trickle channel (the north -south channel) within the pond will be constructed by the single-family development (Filing 1, Phase 2 of Waterfield PUD) prior to the issuance of any building permits for such single-family development. • Brisben will construct the 24" irrigation line within the apartment development property and partially across County Road 9E where it will connect to the existing 18" irrigation pipe. The 24" line will be terminated and be plugged at the apartment property line. • Bull Run PUD will have no responsibility for the construction and/or escrowing of funds for off -site street improvements. Such improvements shall be the responsibility py of the single-family development (Filing 1, Phase 2 of Waterfield PUD), provided 0-3 that the developer of Filing 1, Phase 2 shall have the option of escrowing 125% of the��� cost of such off -site street improvements in lieu of construction �i r�scrfluy5 "tc.-._,�, posted with the City, cornph sd prior to the issuance of,,,* the first certificate �Jof occupancy.�or� ,C...-_��'"`--0 '�/' �r�... J�..�..r.-o...�..c.a. ✓/ ��.-t%o Mr. Dave Stringer October 29, 1998 Page 3 If the above acqurately represents our agreement, please indicate by signing below. i Sincerely, E. Scott McFadden Director of Development Western Region Read and Approved this 2"'L day ofkt,,,�-, 1998. By t David Stringer