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Home My WebLink AboutSUNRISE RIDGE FIRST FILING - Filed GC-GENERAL CORRESPONDENCE - 2008-02-13Mar 20 06 11:33a p.3 rIN)L MMORAMY Inr reaaertm-.Curs OH FIKF=Mrnel cut �.ra � ra / December 12, 200S Mr. Kelly D. Smith. Manager Sunrise Ridge, LLC 78" Phast t Run Lane Wellington, CO 80544 Re. Sanitary Sewer and Drainage Easements Dear Mr. Smith: This will serve a our letter of intent to state that we are in disamiom; with you in your capacity as Manager of Sumise Ridge, LLC, end intend to coulmue good faith discussions with you regarding the.granting of a men easement item your land to the nortiu and east acmes our land to the south and west for the purpose of comhucting and installing a sanitary sewer line and a atorrrr drainage line. We understand that the eascramb you are tequatiog will be a necessary part of your proposed developmad application with the City of Fort Collins, and it is our intent to cooperate with you in that process We ahxs understand that the construction and installation of the lines would messarily be followed by the grant by us of permanent utility canamanDs thirty feet wide rsrcontpeaing the sotual drainage and sewer ling. We will continue to discuss with you the terms of any grant of ess maml that will be required, and to work diligently toward neptia" and aSmeuug to tams of final rams of casement as expeditiously as possible. However, this letter of intent shall not oons itWe a contract between us with repent to the proposed grants of easement, or in my other regard. Rather, this letter of intent is a statement of our intent to continue good filth nagodatioas on the terms of the proposed grants of easement. Very truly McCallum x Homer ale toile# sweet suite 100. leeraeuL co "Sol pMHv 303-rri-331e r fllny reowrs tnni _ J Dean (OpenView Software) From: Marc Virata [mvirata@fcgov.com] Sent: Wednesday, April 04, 2007 2:11 PM 0�� To: Smith, Kelly Dean (OpenView Software) 1 3 Subject: Re: Sunrise Ridge DCP �31 a Kelly, CY' That's correct. My only concern is that I'll need a half hour of lead time once I receive #1 in order for me to type up the DCP permit as it uses information from #1. Also, will you be signing the permit, or the contractor? >>> "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> >>> 4/4/2007 2:05 PM >>> Marc, I received your voice mail. It sounds like if I turn in: 1) a DCP application 2) the DCP application fee ($400) 3) the inspection fees ($B4O21.25) 4) the LOC for everything except erosion control 5) the LOC for erosion control then the DCP will be issued. Items 1-4 go to you, and item 5 must be turned in to Jean Pakech at the Stormwater office. Correct? "COS 1 T- . . (4/13/20 7) Marc Virata - Re Rock Creek Drive deposit from Village Homes, now owned by Sunrise Ridge Page 1 From: Matt Baker To: Kelly Dean (OpenView Software) Smith; Sheri Langenberger Date: 4/12/2007 2:05 PM Subject: Re: Rock Creek Drive deposit from Village Homes, now owned by Sunrise Ridge CC: Christie White; Marc Virata Kelly -- I was under the impression that Village Homes had put up an escrow account for security. Upon further research, Village Homes deposited a cash amount for future roadways. Since you have purchased and will be developing Sunrise Ridge, my preference would be for you to reduce your DCP required letter of credit, since Rock Creek was previously secured. Upon completion of Rock Creek, I will issue you a check to reimburse you for the construction, including the local street portion and the oversized protion of the improvements in accordance with Code. I believe the end result for you would be the same, but it would certainly reduce the amount of process that I would encounter. Matt Baker Street Oversizing Program City of Fort Collins Engineering 970.221.6605 mbaker@fcgov.com >>> "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> 4/11/2007 4:13:12 PM >>> Matt and Sheri, You probably have heard this story by now, but just in case, here it goes again... I am the owner of Sunrise Ridge Subdivision. Village Homes had deposited $22,017.30 with the city for the completion of the portion of Rock Creek Drive that borders Parcel F, Willowbrook. The -$22K deposit was part of the $67,019.58 (check # 098423) that Village Homes deposited for future roads. I spoke today with Christie White, and she has verified that the -$67K was received. I purchased Parcel F, Willowbrook from Village Homes in November 2005. Parcel F, Willowbrook has since been replatted as part of Lot 1, Sunrise Ridge First Filing. We (Sunrise Ridge) have a DCP and a letter of credit to secure the completion of Rock Creek Drive from its current stub to Strauss Cabin Road. Village Homes sent a letter to the city (I think addressed to Matt) transferring the —$22K of funds to me in November of 2005 (this has been a l0000ng development process). I believe that the original -$22K deposit is now superfluous, and I'd like the $22,017.30 to be released to me. Thanks for your consideration and attention to this matter. Kelly Smith 898-3893 (days), 568-7890 (evenings) Schmidt Earth Builders, Inc. 7250 Greenridge Rd. Windsor, CO 80550 \ Ofa: (970) 962-9091 Fax: 962-9081 To: KELLY SMITH 7890 Pheasant Run Lane Wellington Co. 80549 Attn: Kelly Date: 20-Mar-06 Project- Sunrise Ridge C.R. 7 Ft. Collins We offer for your approval the following proposal, subject to terms and conditions, as noted, on the reverse side, If accepted, shall constitute a contract between us. EARTHWORK SANITARY SEWER WATER UTILITY STORM DRAINAGE CONCRETE ASPHALT PAVING EROSION CONTROL MISCELLANEOUS - p SUNRISE RIDGE Sr.P99ss r9Jr-. Gut- /yo /24y (,f(f cr- C j- Z,2 Z 2 .Po Ctr ci1ur- car. 9GG,gS 93 $49,293.75 $130,758.10 $63,734.60 $87,191.00 $89,096.30 $204,443.65 $20,600.00 $23,750.00 Total Proposal $668,867.40 NOTE: Lot grading based on a custom straight grade Front to Back... Developer to pay for construction water. All permits, including SWMP & APEN are the responsibilty of the owner. Work cannot commence until copies of these permits are provided to Schmidt Earth Builders. Be advised that the APEN may take up to 90 days to obtain. This proposal is based upon fuel & material pricing in effect as of the date of this quote. Due to the volatility of material and fuel pricing, this quote may be adjusted at the time of acceptance to reflect the current pricing. EXCLUDES: See Reverse Side Sell Testing, stokingtree removal and replantingirrigation sy>lem, fi e removal and replacement. PLANS DATED: , 12127/05 (Preliminary "Not For Construction") SHEETS: 1-19 Note: Soils reports were submitted with plans. Submitted By: Mark Van Ronk- Estimator NOTE: This proposal may be withdrawn or adjusted if not accepted within 30 days, This proposal & contract including any attached forms must be made part and parcel to any contract agreement into which Schmidt Earth Builders Inc., may enter. Acceptance OI Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work specified . Date of Acceptance. Authorized Signature: Page 1 of 3 SUNRISE RIDGE Date: 20-Mar-06 Earthwork Quantit Unit Unit Cost Total Unit 1 ) CLEAR & GRUB 1 LS $10,000.00 $10,000.00 2) REMOVE ASPHALT DRIVE 500 SY $3.00 $1,500.00 3) STRIP & STOCKPILE 9,315 CY $1.25 $11,643.75 4) CUT/FILL 6,500 CY $2.50 $16,250.00 5) STOCKPILE EXCESS DIRT 3,120 CY $1.25 $3,900.00 6) SHAPE & GRADE (Lots) (±.31R) 1 LS $6,000.00 $6,000.00 Earthwork Subtotal $49,293.75 Sanitary Sewer Quantitv Unit Unit Cost Total Unit 1) TIE -INTO EX. MANHOLE 1 EA $1,750.00 $1,750.00 2) FLOWFILL 60 CY $75.00 $4,500.00 3) ASPHALT PATCHING 180 SY $60.00 $10,800.00 4) TRAFFIC CONTROL 5 DAY $250.00 $1,250.00 5) 8" PVC SEWER MAIN 641 LF $29.15 $18,685.15 6) 12" PVC SEWER MAIN 1,449 LF $37.05 $53,685.45 7) INSULATE 12" MAIN 130 LF $8.75 $1,137.50 8) 48" DIA. MANHOLE 13 EA $1,900.00 $24,700.00 9) 4" SEWER SERVICE 12 EA $700.00 $8,400.00 10) FINAL ADJUST MANHOLE 13 EA $450.00 $5,850.00 Sanitary Sewer Subtotal $130,758.10 Water Utility Quantitv Unit Unit Cost Total Unit i) 6" WETTAP & TIE-IN ON C.R. 7 1 EA $6,000.00 $6,000.00 2) ASPHALT PATCHING 15 SY $80.00 $1,200.00 3) TRAFFIC CONTROL 5 DAY $150.00 $750.00 4) TIE -INTO EXISTING STUB -OUT 1 EA $300.00 $300.00 5) 8" PVC H2o MAIN 1,174 LF $25.40 $29,819.60 6) 8" GATE VALVE 6 EA $1,015.00 $6,090.00 7) 8" H2o MAIN LOWERING 3 EA $1,800.00 $5,400.00 e) 3/4" H2o SERVICE & CURB STOP 12 EA $795.00 $9,540.00 9) 5' FIRE HYDRANT ASSY. (GV,T & BL) 1 EA $2,885.00 $2,885.00 to) FINAL ADJUST VALVE BOX 7 EA $250.00 $1,750.00 Water Utility Subtotal $63,734.60 Storm Drainage Quantitv Unit Unit Cost Total Unit t) 18" CLASS 3 R.C.P. 1,093 LF $37.00 $40,441.00 2) 18" RCP FLARED END SECTION 2 EA $875.00 $1,750.00 3) 48" DIA. STORM MANHOLE 9 EA $1,500.00 $13,500.00 4) 5' TYPE R INLET 6 EA $3,025.00 $18,150.00 e) TYPE C AREA INLET 2 EA $2,000.00 $4.000.00 6) TYPE L RIP RAP 20 CY $80.00 $1,600.00 7 1 CONCRETE ENCASEMENT 18" RCP 100 LF $55.00 $5,500.00 8) FINAL ADJUST STORM MANHOLE 5 EA $450.00 $2,250.00 Storm Drainage Subtotal $87,191.00 Page 2 of 3 Concrete Quanti Unit Unit Cost Total Unit 1) MOBILIZATION 1 EA $850.00 $850.00 NORTHERN LIGHTS & BIG DIPPER 1) C,G & WALK PREP. (±.1/Ft) 40 LF $5.00 $200.00 2) ROLLOVER C,G & WALK (6") 40 LF $8.70 $348.00 3) WALK PREP. (±.VFt) 640 SF $3.00 $1,920.00 4) SIDEWALK (6") ROCKCREEK 4) VERTICAL C & G PREP. (3.1JR) 3 ) 30" VERTICAL CURB & GUTTER 3 ) WALK PREP. (t.1tFt) 4 ) 5' DETACHED WALK (6") 5) 8" CROSS PAN (8") z 6) MIDBLOCK HANDICAP RAMP !!L S" '9 U 1 7) RADIUS APRON W1HC RAMP IYL4 dr e-353 Z. DAYLIGHT COURT t) VERTICAL C & G PREP. (3.11Ft) 2) 30" VERTICAL CURB & GUTTER 3 ) WALK PREP. (t.1/Ft) 4) 4.5' DETACHED WALK (6") Asphalt Paving (Sections based upon Observatory Village) 1) MOBILIZATION ROCKCREEK 1) STREET SUBGRADE PREP. (t.1IFt) e 77a9 2) FLYASH SUBGRADE (12"112%) 5 r3 G U-,44 �3) 6" HBP & 6" ABC DAYLIGHT COURT 1) STREET SUBGRADE PREP. (t.1/Ft) 2 1 FLYASH SUBGRADE (12'712%) 313.5"HBP &6"ABC COUNTY RD. 7 t) STREET SUBGRADE PREP. (t.1/Ft) 2 ) FLYASH SUBGRADE (12"/12%) 3) 6" HBP & 6" ABC ,?G "c...cB- Erosion Control t 15' GRAVEL INLET FILTER 2) INLET PROTECTION 3) SILT FENCE 4) EROSION SEED & MULCH Miscellaneous t) MOBILIZATION 2) TYPE III BARRICADES 3 I TELEPHONE TRENCHING (allowance) 4) SLEEVING (allowance) 5) SIGNAGE (STREETS) Page 3 of 3 640 SF $3.05 $1,952.00 1,580 LF is3E' $2.00 1,580 LF/-�s g $8.55 1,670 LF $1.50 1,670 LF $15.15 876 SF $5.05 2 EA $635.00 6 EA $2,240.00 $3,160.00 $13,509.00 $2,505.00 $25,300.50 $4,423.80 $1,270.00 $13,440.00 - 7 i45' 91 800 LF801 $2.00 $1,600.00 800 LFool $8.55 $6,840.00 780 LF $1.50 $1,170.00 780 LF $13.60 $10,608.00 Concrete Subtotal $89,096.30 Quantitv Unit 1 EA 4,421 SY 4,421 SY 3"z98 *gl14,421 SY L 1,577 SY /R69 1,577 SY /6oL1,577 SY Unit Cost $1,600.00 $1.10 $6.40 $20.45 $1.10 $6.40 $16.85 Total Unit $1,600.00 $4,863.10 $28,294.40 $90,409.45 $1,734.70 $10,092.80 $26,572.45 R7s:1,297 SY $1.10 $1,426.70 R7-51,297 SY $6.40 $8,300.80 6�-_1,297--SY $25.25 $32,749.25 Paving Subtotal $204,443.65 u( Yl�l, Quantitv Unit Unit Cost Total Unit 6 EA $225.00 $1,350.00 2 EA $250.00 $500.00 2,300 LF $1.50 $3,450.00 18 AC $850.00 $15,300.00 Erosion Control Subtotal $20,600.00 Quantitv Unit Unit Cost Total Unit 1 EA $10,500.00 $10,500.00 40 LF $60.00 $2,400.00 1 LS $4,000.00 $4,000.00 1 LS $6,000.00 $6,000.00 2 EA $425.00 $850.00 Miscellaneous Subtotal $23,750.00 Total Proposal $669,667.40 (, z""r 40 ; lea wso &d Nov 17 05 05:24p Village Homes 3037723445 p.3 VILLAGE HOMES 310 LASHLEY STREET LONGMONT, CO 80501 November 18, 2005 City of Fort Collins Re: Rock Creek Drive Extension To Whom It May Concern: Sunrise Ridge LLC is purchasing Parcel F, Willow Brook from Village Homes and has agreed to complete the full street width that allows access to the property including, but not limited to, pavement, curb, gutter, sidewalk, street, tree and lawn improvements for both sides of the roadway from the south end of Parcel F, Willow Brook from Northern Lights Drive to the Willow Brook east property line. As a condition of closing between Village Homes and Sunrise Ridge LLC, Sunrise Ridge LLC will pay Village Homes $22,000.00 for said improvements at closing and Village Homes will assign $22,000.00 escrow with the City of Fort Collins to Sunrise Ridge LLC. Please let this letter serve as authorization to assign $22,000.00 of Village Homes escrow to Sunrise Ridge, LLC for the improvements to Rock Creek Drive per Subheading II (Special Conditions), Paragraph D.5.(A) of the August 13, 2001 development agreement with the City of Fort Collins. Sunrise Ridge, LLC By: d�u nR.S e. f Mar 20 06 11:32a Real Estate Contract for Parcel F, Willow Brook p.2 ADDENDUM CONCERNING THE PROPERTY AT: Parcel F, Willowbrook, FTC (2001075030) 1. DETENTION POND CONTINGENCY: Seller will cooperate with Purchaser regarding Purchaser's acquisition of the right to use the detention pond described as PARCEL G, WILLOWBROOK, FTC (2001075030), as the storm water detention area for the current and future development projects known as Sunrise Ridge. Seller, shall not be required to take ektreordinary measures in cooperating with Purchaser nor incur any additional cost or expense related to the same. No terms or conditions of this Contract shall grant or imply,that Seller is graki ing Purchaser an easement for the use of any adjacent storm water detention facilities. Purchaser must Independently satisfy all of the requirements of the applicable municipal, state and federal governments, Including any governing homeowner association or metropolitan districts related to the use of the detention facility Including, but not limited to, detention pond capacity, construction, repair or replacement of the existing facility. Any required Improvements to the detention pond are the responsibility of Purchaser and require the approval of the governing homeowners association In Its sole and absolute discretion. 2! ROCK CREEK DRIVE'CONTINGENCY: Purchaser agrees to complete the full street width that'atkrws access to the property including, but not limited to, pavement, curb,.gutter, sidewalk, street, and tree lawn Improvements for both sides of the roadway from the south end of Parcel F, Willow Brook,(Strauss Cabin Road) to Rock Creek Drive. As a condition of closing, Purchaser will escrow funds, in full substitution for the Village Homes of Colorado, Inc., escrow held by the City of Ft. Collins, Twenty Two Thousand Dollars ($22,0W.00), for the Rock Creek Drive extension. Upon the funding of the escrow, Purchaser shall fully assume and indemnify Seller for the escrow obligation in Subheading II (Special Condiflons), Paragraph D.S.(A) of the August 13, 2001, development agreement with the City of Fort Collins. SIGNATURES FOR ADDENDUM PURCHASER: 1 17 11D CL!aa� e. Date jprr usees Hahne e d name befowl S11k4h'riSc 14t% e ,. "C. it .74V %-. ipurchasWs &&mture above 0fted name below] SELLER: Date � 5 DkV%5101 -Fb x � b. -�- �o , [semen's signature abovalmirged new below] Page 5 of 5 NORTHERN ENGINEERING December 29, 2005 ADDRESS: PHONE:970.221.4158 TE: 200 S. College Ave. Suite100 WEBSIWEBSIrthernengineering.cam Fort Collins, CO80524 FAX!970,221.4159 Mr. Mark Varata City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, Colorado 80522 RE: Sunrise Ridge First Filing Request for Variance Mark, This letter is in regards to the Sunrise Ridge project, and in particular, to request a variance. Our client for this project is Kelly Smith. Our request is to have a 10' crosspan at the intersection of Strauss Cabin Road and Rock Creek Drive. Rock Creek Drive is classified as a Collector, Strauss Cabin Road is classified as a Minor Arterial. Latimer County Urban Area Street Standards specify that crosspans are not allowed at collector/arterial intersections. The variance we are requesting for the crosspan is necessary to ensure proper drainage of Strauss Cabin Road at the intersection of Rock Creek Drive with the new installation of curb and gutter. Strauss Cabin Road is currently a rural section with roadside ditches to convey drainage. Although Rock Creek Drive is classified as a Collector, it is unlikely that it will see the volume of traffic associated with a Collector street. We feel justified in requesting the variance. This allows the drainage to be conveyed to a proper destination. We do not feel that this variance will be detrimental to the public health, safety or welfare, nor will it reduce the design life of any public roadway or cause the City of Fort Collins additional maintenance costs. Please call if you have any questions. rely, Roger A Curtiss, P.E. Project Manager Feb 23 06 06:45a Kelly Smith 9705687891 PA February 15, 2006 Mr, Kelly D. Smith, Manager Sunrise Ridge, LLC 7890 Pheasant Run Lane Wellington, CO 80549 Re: Required drainage agreement Dear Mr. Smith: This will serve as our letter of intent to state that we are in discussions with you in your capacity as Manager of Sunrise Ridge, LLC, and intend to continue good faith discussions with you regarding stormwater drainage into the Fossil Creek inlet ditch. We understand that this agreement will be a necessary part of your proposed development application with the City of Fort Collins, and it is our intent to cooperate with you in that process. We will continue to discuss with you the terms of any agreement that will be required, and to work diligently toward negotiating an agreement as expeditiously as possible. However, this letter of intent shall not constitute a contract between us with respect to the proposed agreement, or in any other regard. Rather, this letter of intent is a statement of our intent to continue our good faith negotiations on the terms of the proposed agreement. Very truly yours, Steve Smith, North Poudre Irrigation Company n� NORTHERN ENGINEERING February 27, 2006 Mr. Mark Varata ADDRESS: PHONE:970.221.4158 TE: 200 S. College Ave. Suite 100 W yyEBSIEBSI thernengineering.cam Fort Collins, CO 80524 FAX: 970.221.4159 City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, Colorado 80522 RE: Sunrise Ridge First Filing Request for Variances Mark, This letter is in regards to the Sunrise Ridge project, and in particular, to request several variances. Our client for this project is Kelly Smith. Our first request is to have a 10' crosspan at the intersection of Strauss Cabin Road and Rock Creek Drive. Rock Creek Drive is classified as a Collector, Strauss Cabin Road is classified as a Minor Arterial, Larimer County Urban Area Street Standards specify that crosspans are not allowed at collector/arterial intersections. The variance we are requesting for the crosspan is necessary to ensure proper drainage of Strauss Cabin Road at the intersection of Rock Creek Drive with the new installation of curb and gutter. Strauss Cabin Road is currently a rural section with roadside ditches to convey drainage. Although Rock Creek Drive is classified as a Collector, it is unlikely that it will see the volume of traffic associated with a Collector street. The second variance we are requesting is for a series of grade breaks approaching Strauss Cabin Road in the profile of Rock Creek Drive. The reason for the series of grade breaks is to try to keep as much drainage as possible on -site, giving a difficult transition back to Strauss Cabin Road. The third variance we are requesting also relates to the grade breaks near Strauss Cabin Road, the street grade profile exceeds 4% within a distance of 200 feet from the intersection. This is due to the above mentioned reason, to try to keep as much drainage on -site as possible, giving a difficult transition back to Strauss Cabin Road. The fourth variance request relates to the vertical curve lengths not meeting standard requirements. These lengths were shortened due to grading constraints, to fit the high and low points within the given distances without the vertical curves overlapping. The curves are as long as the design lets them be. We feel justified in requesting these variances. They allow the drainage to be conveyed to proper destinations. We do not feel that these variances will be detrimental to the public health, safety or welfare, nor will it reduce the design life of any public roadway or cause the City of Fort Collins additional maintenance costs. Please call if you have any questions. Roger A Cbrtiss, P.E. Project Manager Marc Virata - FW: Fwd: Sunrise Ridge - question about Parcel F Willowbrook Page 1 From: "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> To: "Marc Virata" <mvirata@fcgov.com> Date: 10/30/2006 9:26:28 AM Subject: FW: Fwd: Sunrise Ridge - question about Parcel F Willowbrook Marc, Sorry to bug you, but I just remembered an issue from a long time ago. Its been over a year since we discussed this (see one of the original notes below), When I bought Parcel F, Willowbrook from Village Homes (and at that time, Mark McCallum), I had to escrow -$22K for the partial construction of Rock Creek Drive. My bank - Centennial - has now created a letter of credit for the entirety of Rock Creek Drive. So, I think the initial $22k is redundant. Can I get my $22K back? -----Original Message ----- From: Mark McCallum[mailto:MMcCallum@villagehomes.com] Sent: Tuesday, April 26, 2005 10:37 AM To: MVIRATA@fcgov.com; Smith, Kelly Dean (OpenView Software) Cc: TSHEPARD@fcgov.com Subject: Re: Fwd: Sunrise Ridge - question about Parcel F Willowbrook Marc and Kelly - Sorry for the late response We tracked down the spreadsheet and the check that we submitted to the City of Fort Collins for Rock Creek Drive. The check was for $67,019.58 (ck # 098423), which is for all three stubbed streets within our development. We agreed on the amount with Matt Baker. The amount for Rock Creek Drive was $22,017.30. Kelly I quoted the 1/2 price width, thus the contract would have to be modified. I hope this helps -Mark >>> "Marc Virata" <MVIRATA@fcgov.com> 4/12/2005 11:44:12 AM >>> Kelly, You had emailed Ted Shepard last week with regards to an escrow obligation that was specified on the development agreement for Willow Brook (Observatory Village). Per the DA, cash is required, a letter of credit will not satisfy this requirement. I do have a question or concern relating to the dollar amount. I have been unable to track thus far the agreed to dollar amount and whether such a dollar amount was received (I've copied Mark McCallum on this email to see if he may have some information on this.) The estimate that I have for our files prepared by TST Engineers (the consultant for Willow Brook) shows an estimate of $19,064.45 and I don't have information to indicate the dollar amount is for $16,149.90. Perhaps Mark has records to show otherwise, which would be helpful for all. Assuming a deposit was - - I 11--, - -m Marc Virata FW Fwd: Sunrise Ridge - question about Parcel F Willowbrook Page 2 originally received it shouldn't be of any difficulty to substitute you providing the deposit in the same dollar amount. Thanks, Marc P. Virata, P.E. Civil Engineer II City of Fort Collins - Engineering Department Phone: (970) 221-6605 Fax: (970) 221-6378 mvirata@fcgov.com >>> "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> 04/06/2005 9:41:34 AM >>> Ted, We're currently negotiating with Village Homes to purchase Parcel F. Willow Brook, FTC (2001075030). Parcel F is a triangular 1/4-acre lot that's physically attached to our Sunrise Ridge property. Rock Creek Drive currently stops in front of this property. As part of their compensation, Village Homes is requiring us to take over their escrow with The City of Ft. Collins for the completion of Rock Creek Drive in front of the parcel. The escrow obligation in Subheading ll(Special Conditions), Paragraph D.5.(A) of the August 13, 2001 development agreement is $16,149.90, Will a irrevocable Letter of Credit work for the escrow, or is cash required? Is this a fairly easy process to provide substitution for part of their development agreement? Part of the contract states that Sunrise Ridge will be able to use the Village Homes detention pond in the southwest corner of our property (I think it's Parcel G). Do you see any problems with this arrangement? Our plan is to make the detention pond a little bigger, and then landscape, etc., as required. Thanks in advance for your response. Hope all is well with you - Kelly Smith I Marc Virata - RE FW: Fwd: Sunrise Ridge - question about Parcel FWillowbrook Page 1 From: "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> To: "Marc Virata" <mvirata@fcgov.com> Date: 11/1/2006 9:06:21 AM Subject: RE: FW: Fwd: Sunrise Ridge - question about Parcel FWillowbrook One more thing about this request - the Letter of Credit is already in place. I'm not sure if the bank has notified the city yet, but I know it's in progress. -----Original Message ----- From: Smith, Kelly Dean (OpenView Software) Sent: Tuesday, October 31, 2006 4:58 PM To: 'Marc Virata' Subject: RE: FW: Fwd: Sunrise Ridge - question about Parcel FWillowbrook The funds are actually in my name. The funds were posted as part of the purchase of Parcel F, and Village Homes asked the city to transfer the escrow to my name. Once the Letter of Credit is officially posted by my bank (Centennial) for the entirety of Rock Creek Drive, which is imminent, I'd like the city to release the original $22K escrow that was posted for the Parcel F portion. ----Original Message ---- From: Marc Virata [mailto:mvirata@fcgov.com] Sent: Tuesday, October 31, 2006 4:49 PM To: Smith, Kelly Dean (OpenView Software) Subject: Re: FW: Fwd: Sunrise Ridge - question about Parcel FWillowbrook Kelly, Just wanted to verify, you're looking to have the funds escrowed for Rock Creek Drive by Village Homes given to you * is this prior to your posting of the letter of credit for your project? Thanks, Marc >>> "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> >>> 10/30/2006 9:25:51 AM >>> Marc, Sorry to bug you, but I just remembered an issue from a long time ago. It's been over a year since we discussed this (see one of the original notes below). When I bought Parcel F, Willowbrook from Village Homes (and at that time, Mark McCallum), I had to escrow -$22K for the partial construction of Rock Creek Drive. My bank - Centennial - has now created a letter of credit for the entirety of Rock Creek Drive. So, I think the initial $22k is redundant. Can I get my $22K back? -----Original Message ----- From: Mark McCallum[mailto:MMcCallum@villagehomes.com] Sent: Tuesday, April 26. 2005 10:37 AM Page 2 To: MVIRATA@fcgov.com; Smith, Kelly Dean (OpenView Software) Cc: TSHEPARD@fcgov.com Subject: Re: Fwd: Sunrise Ridge - question about Parcel F Willowbrook Marc and Kelly - Sorry for the late response We tracked down the spreadsheet and the check that we submitted to the City of Fort Collins for Rock Creek Drive. The check was for $67,019.58 (ck # 098423), which is for all three stubbed streets within our development. We agreed on the amount with Matt Baker. The amount for Rock Creek Drive was $22,017.30. Kelly I quoted the 1/2 price width, thus the contract would have to be modified. I hope this helps. -Mark >>> "Marc Virata" <MVIRATA@fcgov.com> 4/12/2005 11:44:12 AM >>> Kelly, You had emailed Ted Shepard last week with regards to an escrow obligation that was specified on the development agreement for Willow Brook (Observatory Village). Per the DA, cash is required, a letter of credit will not satisfy this requirement. I do have a question or concern relating to the dollar amount. I have been unable to track thus far the agreed to dollar amount and whether such a dollar amount was received (I've copied Mark McCallum on this email to see if he may have some information on this.) The estimate that I have for our files prepared by TST Engineers (the consultant for Willow Brook) shows an estimate of $19.064.45 and I don't have information to indicate the dollar amount is for $16.149.90. Perhaps Mark has records to show otherwise, which would be helpful for all. Assuming a deposit was originally received it shouldn't be of any difficulty to substitute you providing the deposit in the same dollar amount. Thanks, Marc P. Virata, P.E. Civil Engineer II City of Fort Collins - Engineering Department Phone: (970) 221-6605 Fax: (970) 221-6378 mvirata@fcgov.com >>> "Smith, Kelly Dean (OpenView Software)" <kelly.smith5@hp.com> 04/06/2005 9:41:34 AM >>> Ted, We're currently negotiating with Village Homes to purchase Parcel F Marc Virata -RE: FW Fwd: Sunrise Ridge - question about Parcel FWillowbrook Page 3 Willow Brook, FTC (2001075030). Parcel F is a triangular 1/4-acre lot that's physically attached to our Sunrise Ridge property. Rock Creek Drive currently stops in front of this property. As part of their compensation, Village Homes is requiring us to take over their escrow with The City of Ft. Collins for the completion of Rock Creek Drive in front of the parcel. The escrow obligation in Subheading II (Special Conditions), Paragraph D.5.(A) of the August 13 2001 development agreement is $16,149.90. Will a irrevocable Letter of Credit work for the escrow, or is cash required? Is this a fairly easy process to provide substitution for part of their development agreement? Part of the contract states that Sunrise Ridge will be able to use the Village Homes detention pond in the southwest corner of our property (I think it's Parcel G). Do you see any problems with this arrangement? Our plan is to make the detention pond a little bigger, and then landscape, etc., as required. Thanks in advance for your response. Hope all is well with you. , - Kelly Smith CC: "Kelly Smith" <smithkt@skybeam.com>