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HomeMy WebLinkAboutFOOTHILLS PARK RESUB - Filed GC-GENERAL CORRESPONDENCE - 2003-11-03c Drexel, OT Barrell C Co. SURVEYORS • ENGINEERS 1425 PEARL STREET BOULDER, COLORADO PHONE 442-4338 80302 January 5, 1977 Mr. Lloyd McLaughlin City of Fort Collins Box 580 Fort Collins, Colorado 80521 RE: Foothills Park Resubdivision Dear Mr. McLaughlin: I am submitting a revised set of engineering plans and calculations for your review. The following changes have been made to satisfy the City of Fort Collins' requests: 1. A 12' sanitary sewer was carried through the subdivision to Horsetooth Road. A manhole with stub is indicated in Horsetooth Road at the west property line of the subdivision. 2. Street lights have been shown on the Master Utility Plan. 3. Ponding capacity was increased to 73,000 cu. ft. and 10.8 cfs is being released as requested by the City of Fort Collins in a letter dated December 17, 1976. 4. The 30' drainage easement along the north property line has been designed to carry an undeveloped 50-year flow through the subdivision. A 3' high by 12' box culvert was designed under Centennial Drive. The Black & Veatch report dated June 23, 1971 submitted to the City of Fort Collins was used to determine criteria. The C.U.H.P. was used to determine the flow used (288 cfs). Calculations are attached to this letter. The New Mercer Canal Company is currently reviewing a drainage report which they requested before they will allow water to be released into their canal. This report is enclosed with this letter. The street names Heritage and Centennial will be changed to names acceptable to the City of Fort Collins. This change is not shown on the plans, but you will receive a revised set of plans when new street names have been found. The Meadowlark Drive bridge and the utility lines were checked to eliminate any problems that might have existed. I have established that the datum for M & I New Mercer Canal bridges plans dated May 1972 is 2' lower than the datum for Drexel, Barrell's Foothills Park engineering plans. The sanitary sewer line and water line have at least one foot cover to the bottom of the box culvert. The M & I plans your office loaned me are being returned with this letter. If you have any questions, or need any additional information, please call. BNW:sc Sincerely, Encls. Barbara N. Weiss AERIAL SURVEYORS MINERAL SURVEYORS 0 LAND SURVEYORS 0 REGISTERED ENGINEERS �� E-1632 CITY OF FORT COLLINS P.O. BOX 580, FORT OLLINNS CO�LORADO 80522 PH (303) 434-4220 EXT. 305 ENGINEERING SERVICES DEPARTMENT October 5, 1978 Mr. Dennis Plouff Court -Square Investment Company 1301 Spruce Street, Suite 201 Boulder, Colorado Dear Mr. Plouff: Following our recent conversation concerning the drainage for the proposed Sunstone development at the northeast corner of Harmony and Timberline Roads, I examined our topo maps of the area and visited the site with Bob Smith, our drainage engineer. It seems that although you may have to fill the sump area adjacent: to Timberline Road and undertake some additional earth- work in the southern portion, it should be possible to channel most of the drainage to the northeast corner of the site. At this point, however, there is no defined natural drainage way, but a rather large area of virtually level fields. It would appear, at least at this preliminary stage, that the most reasonable drainage plan would be to allow the storm runoff to outlet from the detention ponds into the ditch which runs along the north -south half -section line, and eventually into the drainage swale along the south side of Horsetooth Road. Of course, the use of this ditch and any off --site improvements which might be required would have to be approved by the off -site interests prior to final approval by the City. In reviewing the drainage for the site, we did not examine any runoff which might enter the site from the area to the west of Timberline Road, from the mobile home park, or any area to the south and east. However, the final drainage plans for your development would have to account for the passage of any off -site drainage through your property. In addition, I reviewed the drainage proposals for Foothills Park Resubdivision on Horsetooth Road west of College Avenue. Because I am unable to ascertain all that transpired concerning the approval of the final drainage plans, any alterations to the current plans would probably have to involve re -analyzing the entire situation. In view of this, unless you have some specific alternatives in mind which you would like to discuss with us, I assume you will complete the installation of the drainage swale along the northern boundary of the subdivision as it is shown on the approved utility plans. 100% Recycled Bond Dennis Plouff Page Two Also, I understand that there may be some change in the outlet for the detention facilities for Foothills Park Resubdivision as the result of a request by the New Mercer ditch company: I trust you will provide the City with a copy of the proposed changes to be reviewed and approved prior to their construction. Wood Brothers Homes has indicated that they will be unable to complete the outlet for the detention facilities for the Seventh Filing of Woodwest Subdivision until these changes are effected, so I would appreciate your prompt consideration of this matter. If you have any further questions regarding any of these items, please feel free to contact me. Sincerely, Marc F�ngemoen Civil Engineer ME/cm JAMES H. TULL PRESIDENT COURT -SQUARE INVESTMENT GO. A LAND INVESTMENT & MANAGEMENT CORPORATION ��pp le�an,,��apxxeC 711,90 Attlaleic, Zook.-a(la 80S0'i Mr. Marc Engemoen City of Fort Collins Engineering Services Department P.O. Box 580 Ft. Collins, Colorado 80522 Re: Foothills Park Resubdivision Dear Mr. Engemoen: TELEPHONE ( 303 ) 449-9900 November 13, 1978 I wish to discuss further with you the question of the proposed drainage channel along the north property line of this project. The drainage system for this subdivision was approved contingent on our showing on the plans the subject drainage channel heading north from our northeast property corner to daylight in the New Mercer Canal. The City's feeling at that time was that this was as good a solution as any; if the channel was continued directly east from this subdivision, through undeveloped lands, it would end up in the New Mercer Canal anyway. We agreed to this proposal, even though we did not feel it was our responsibility to construct the channel once it left our property. The problem we have is that our drainage agreement with New Mercer Ditch Co. deals only with the outlet from the detention pond and not with outletting the channel into the canal. With present New Mercer Ditch Co. policies in mind, constructing the channel to daylight in the canal is quite unrealistic. If the channel is built through our property and ended before it reaches the canal we will , of course, create a permanent lake. I feel the city needs to make a decision on how to handle this problem, either to delay construction of the channel until downstream problems are solved, or to construct downstream facilities at this time so that we can tie into them. Foothills Park Resubdivision page 2 I must resolve this problem before we apply for building permits on lots adjacent to the proposed channel. Your rapid response will, therefore, be greatly appreciated. Sincerely yours, Dennis Plouff DP/cp LJL M City of Fort Collins Department of Engineering 300 La Porte Avenue Fort Collins, Colorado 80522 Attention: Mr. Maury Rupel Dear Maury, December 3, 1979 Re: Drainage Improvements for the Cunningham Corner Planned Unit Development Per our conversation this morning, I am sending this letter to request that some action be taken by the city to insure completion of proposed drainage improvements in the Foothills Park Subdivision. Foothills Park Subdivision is located directly east of the proposed Cunningham Corner Development. The drainage plan for Cunningham Corner revolves around the capability of discharging storm water runoff into the proposed drainage improvements in Foothills Park. As Cunningham Corners will be developed in the spring of this year, we would appreciate seeing some type of improvements being made in the Foothills Park area. If you have any questions on this item please do not hesitate, to contact our office. If you feel that a site inspection and plan inspection of the necessary improvements would be beneficial, please let me know and we'll arrange time to get together. Very Truly Yours, Larry E. Stanton, P.E. TARANTO, STANTON & TAGGE CONSULTING ENGINEERS LES:gs cc: Mr. Gil Ellerby 1520 EAST MULBERRY / SUITE 200 / FORT COLLINS / COLO. 80524 / PHONE (303) 226-0557 112 WEST 11th AVENUE / HOLDREGE / NEBRASKA 68949 / PHONE (308) 995-6677 i Cll Y 01 1 OIZ I 1 OI.I.INs ENGINEERING DIVISION December 6, 1979 P.O. I)IOX NISO, I (M T C01,1,1NS, COLORADO Ai22 Court Square Investment Company 7,190 Clubhouse Road Boulder, CO 80301 Re: Foothills Park Resubdivi-si.on Gentlemen: wo have received correspondence from the developers of Cunningham Corflers P.U.D, which lies west (and upstream) from your referenced resubdi_vision which indicates they will commence development in the spring of 1980. Therefore in accordance with Paragraph Seven (7) of the subdivision '11reemellt for Foothills Park Resuhdivision, you are hereby advised That it is the City's desire to have this structure and related drainage facilities completed prior to one year from the date of this letter. n PH (303) 1S 1-1220 EXT. 728 'rho City is in the process of extensive drainage investigation for the basin in which your subdivision is located and Messrs. Bob Smith and Marc Fngemoen of our storm drainage utility will be glad to work with you in resolving the problems referred to in Mr. Plouff's letter of November 13, 1978. Thank you for your cooperation. Sincerely, Maurice E. Pupel Development Engineer cc: Mr. Larry Stanton - Taranto, Stanton $ Tagge Mr. `•larc Engemoen Tradition Homes Ltd. A Court Square Company May 22, 1980 Mr. Maurice Rupel Assistant City Engineer City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Re: Foothills Park Resubdivision .®-- Dear Mr. The developer of this project agreed to install certain improvements in the project in that agreement of May 17, 1977 with the City of Fort Collins Certain of these improvements have not yet been completed. I wish to make the following requests regarding the timing of these imcomplete improvements, said requests being per our meeting of May 2, 1980 regarding same: 1. Sanitary sewer: Per James Hibbard's letter of May 16, 1980, the proposed 12 inch sanitary sewer main in Horsetooth Road is no longer required by the City. I would request that the developer's obli- gation to construct this main be properly terminated. 2. Horsetooth Road improvements: I understand that the developer of Four Seasons Subdivision to the south of Foothills Park is obligated to widen the south half of Horsetooth Road by June 1, 1981. In order to better coordinate this work, I would request that the completion date for the widening of the north half of Horsetooth Road and construction of the associated bicycle path by the developer of Foothills Park be advanced to June 1, 1981. 3. Drainage channel and Box, Culvert along the north side of the project: As the City is in the process of stud ring the drainage basin in which this project lies, I would ask that the proposed construction of these items be reviewed again after the study is completed. Please let me know if you have any questions. Sincerely, Dennis Plouff For Foothills Park Associates DP/jr 7490 Club House Road Boulder, Colorado 80301 (303)530-4570 r CITY ()I I ORI ( 011 INS P.O. Box 580, Fort Collins, Colorado 80522 Ph(303) 484-4220 Ext. 728 ENGINEERING DIVISION August 14, 1980 Mr. William G. loss Sweeney & Ross 215 S. Wadsworth 13oulevard, Suite 505 _ Lakewood, Colorado 80226 Dear Mr. Ross: In response to your letter of August 7, 1980, (copy enclosed), I am furnishing the following information on the status of public improvements in Foothills Park Resubdivision. 1) The streets in this subdivision have not been accepted by the City. We have a letter on file from James H. Tull, President of Court Square Investment Company guaranteeing the streets to be repaired by August 11, 1980. This work has not been completed as of today's date. The widening of the north half of Horsetooth Road and the construction of the associated seven (7) foot sidewalk--bikepath need to be completed by June 1, 1981. This work has not been started. The sanitary sewer and water mains and the combination concrete curb -gutter - walk within the subdivision have been accepted by the City for maintenance. I might add that I am not aware of the financial status of the water main on Horsetooth Road. Please refer to Article 2-e of the utility agreement. 2) The detention pond in Outlet "A" appears to be complete. However, we have no records on file showing verification of completion as per plan by the design engineer. The drainage easement along the north side of the subdivision boundry is dedicated to the City. The construction of the drainage channel and associated box culvert at Colony Drive within this easement has not been completed and is subject to revision pending completion of the drainage basin study by the City. This study is anticipated to be complete by October 1, 1980. Therefore, these areas are not yet accepted for maintenance by the City. 3) To the best of our knowledge, all water and sanitary sewer taps have been installed. The approximate fees are as follows: Water - $1,522,Q0 + $450.00 parks fee Sewer - $ 919.00 + $221.00 street oversizing 4) Enclosed please find a copy of the utility agreement. Mr. William G. Ross Page Two If you have any questions or if I can be of further assistance, please feel free to call me aft (303) 484-4220, extension 728. very truly yours, Rodney R. Albers Engineering Inspector Erics . cc: Mauri Repel s N r CITY OI I6121 (()I TINS P.O. Box 580, Fort Collins, Colorado 80522 ENGINEERING DIVISION May 26, 1981 Mr. Art Spence Tradition Hanes 7490 Club House Road Boulder, Colorado 80301 Dear Art: Ph(303) 484 4220 Ext. 728 • Re: Foothills Park Subdivision In our meeting of Wednesday, January 7, 1981 we discussed my letter to your firm dated December 19, 1980. During this meeting it was mutually agreed that the City would continue to release building permits and certificates of occupancy within the Foothills Park Subdivision with the understanding that the problem addressed would receive immediate attention by your firm. To this date, none of the problems addressed in my previous letter have been rectified. As you were informed at this meeting, the streets have been re-evaluated and marked. A drawing showing the areas in need of repair is enclosed for your convenience. The following will be required prior to the City's acceptance of this subdivision: Tradition Drive - repair and patch all marked areas, followed by a minimum 1/2 inch overlay from the property line of Lots 5 and 16 north to the Colony Drive intersection Tradition Court - repair all marked areas Colony Court. - entire cul-de-sac shows signs of raveling requiring a thin overlay or seal coat Colony Drive - all marked areas from Horsetooth Road to the north property line of Lot 6, repaired. Fran Lot 6 north to centerline of Liberty Drive, ccmplete reconstruction, or areas of severe deterioration repaired, followed with a 1/2 inch minimum overlay. The areas marked north of Liberty Drive to subdivision limits repaired. Post Office Box 580 Fort Collins, Colorado 80521 January 17, 197 7 Barbara N. Weiss Drexel, Barrell & Co. 1425 Pearl Street. Boulder, Colorado 80302 Re: Foothills Park Resubdivision Dear Barbara: Telephone 303 484.4220 The utility plans; for the Foothills Park Resubdivision have been reviewed by the City of Fort Collins staff, with the following revisions requested: 1. Written approval from the New Mercer Ditch Company for utility crossings and acceptance of stormwater runoff is required prior to approval of utility plans by the City Engineer. 2. Add valves to the water system at the following locations: a. North side of the tee at Liberty Drive and Colony Drive. b. North side of the tee at Frontier Drive and Colony Drive. c. North side of the tee in Liberty Drive near the detention pond. 3. Delete the valve on the south side of the tee at Liberty Drive and Colony Drive and the valve north of the tee at Liberty Drive and Frontier Drive. 4. Change the water main size from eight inches to six inches in the following locations: a. On Liberty Drive from the tee near the detention pond to Frontier Drive. b. On Frontier Drive from Liberty Drive to Colony Drive. c. On Colony Drive from Tradition Drive to Horsetooth Road. 5. Connect the fire hydrant at Horsetooth Road and Colony Drive to the six- inch main on Colony Drive. 6. Connect the sanitary sewer to the existing manhole approximately 150 feet west of the manhole at Meadowlark Avenue and Eagle Drive and extend it south along the west side of the canal. i Mr. Art Spence Tradition Hanes Page Two The City will not allow repairs in the street areas east of Colony Drive. When 35 building permits or 30 certificates of occupancy have been released, these streets will be evaluated. All necessary repairs for this area will then be required at that time. These streets are presently showing signs of deterioration with a minimal amount of traffic use. Therefore, we feel further deterioration is probable with the increased traffic. All streets in the subdivision are to be swept and cleaned of foreign material. In addition, the items addressed in my previous letter concerning the detention system need to be campleted. The City will not maintain the pond area until such time it is built according to City approved utility plans dated May 4, 1977. These improvements are to be canpleted no later than September 1, 1981. Sincerely, David Stringer Chief Construction Inspector V Roy B' Director of Engineering Services cc: Roger Krampel :--Mauri Repel a f Iddft CIIY OI I (MI (.OLLINo P.O. Box S80, Fort Collins -4 Colorado 8OS22 Ph(303) 484220 Ext. 728 ENGINEERING DIVISION June 29, 1981 Mr. Terry L. Forrest, P.E. Tradition Hanes Ltd. 74900 Club House Road Boulder, CO 80301 Dear Terry: M RE: Foothills Park Subdivision In our telephone conversation of Thursday, June 25, you proposed that your firm would make the required street repairs as capital became available from hone sales within the subdivision. The expected repairs would start in the area of most need then proceed from there as monies became available. It was also stated the amount of money to be spent for each phase of repair would range from four to six thousand (4 to 6,000) dollars. After the necessary street repairs had been made your firm would then seal the entire street sections and the expected time of completion would be late summer of 1982. During the conversation I informed you that a decision for this type of arrangement would have to be made by someone of higher authority than myself. I presented your proposal to Roger Krenpel, Director of Public Works, on Friday, June 26. In this meeting it was decided the proposed schedule for repairs was not benefical to either the property owners directly affected by the deteriorated streets or the City. Therefore, the deadline of September 1, 1981, as stated in my letter of May 26, 1981, still stands. The repairs are as originally stated with the exception of a minimum 1-inch overlay has been amended to a minimum 1/2 inch plant mix seal coat. I am restating the conditions as stated in the letter of May 26, along with our various discussions since Wednesday, June 17. Tradition Drive - Repair and patch all marked areas as directed by the field inspector, followed by a minimum 1/2 inch plant mix seal coat fran the property line of lots 15 and 16 of Block 4 north to the Colony Drive intersection. Tradition Court - Repair all areas as marked. Page 2 June 29, 1981 Mr. Terry L. Forrest, P.E. Colony Court - Entire cul-de-sac shows signs of raveling requiring a thin overlay or seal coat. Colony Drive - All marked areas repaired as directed by the field inspector from Horsetooth Road to the north property line of lot 6. Fran lot 6 north to centerline of Liberty Drive, complete reconstruction, or areas of severe deterioration repaired, followed with a 1/2 inch minimum overlay. The areas north of Liberty Drive may be left until such time as the storm drainage facility from Sun Disk P.U.D. is installed. However, any temporary repairs in this area well be your firms responsibility. The City will not allow repairs in the street areas east of Colony Drive. When 35 building permits or 30 certificates of occupancy have been released, these streets will be evaluated. All necessary repairs for this area will then be required at that time. These streets are presently showing signs of deterioration with a minimal amount of traffic use. Therefore, we feel further deterioration is probable with the increased traffic. All streets in the subdivision are to be swept and cleaned of foreign material. In addition, the itams addressed in my previous letter concerning the detention system need to be completed. The City will not maintain the pond area until such time it is built according to City approved utility plans dated May 4, 1977. These improvements are to be completed no later than September 1, 1981. Please also be advised that if the above stated improvenents have not been completed by the September deadline then the City will withhold all building permits and certificates of occupancy. Operely, Q David Stringer Chief Construction Inspector cc: Roger Erenpel, Director of Public Works and Water Utilities Dottie Nazarenus, Acting Director of Engineering Services Mauri Rupel, Assistant City Engineer - Development CITY OF FORT COLLINS MEMDFANDUM DATE: September 17, 1981 T0: Roger Krempel, Director of Public Works & Water Utilities FROM: Dave Stringer, Chief Constr'4ction Inspector" RE: Foothills Park Subdivision On Sept&nber 11, 1981 I talked with Terry Forrest, Development Engineer for Tradition Hanes, Inc., regardin-T the street repairs in the Foothills Park Subdivision. It is my understanding that Tradition Hanes does not intend to repair any of the failed street section this year. In fact, I was told that this subdivision was for sale and the future owners are supposedly aware of the street conditions and that the City has not accepted any portion of the asphalt pavement as it now exists. To avoid any further street deterioration, I feel the City should repair the streets prior to another winter season. One possible alternative for recovering the cost for these repairs would be to use money from the street oversizing fund. When the Horsetooth Road frontage is improved in this subdivision, then, the costs for the interior street repairs could be deducted from the developers oversizing fee of Horsetooth. Another alternative would be for the City to take legal action against Tradition Hanes. cc: Mauri Rupel C CITY OY 10I:I COLLINS P.O. BOX 580 FORT COLLINS COLORADO 80522 PH 303 484-4220 CITY ATTORNEY'S OFFICE EXT. 700 September 21, 1981 James H. Tull, President Court -Square Investment Company Gunbarrel Square 7490 Clubhouse Road, Suite 201 Boulder, CO 80301 Dennis Plouff Tradition Homes and Foothills Park Associates 7490 Clubhouse Road Boulder, CO 80301 Gentlemen: It has been brought to my attention that the various street repairs which have been outlined in various letters of the Chief Construction Inspector of the City of Fort Collins, David Stringer, to you, one letter dated May 26, 1981, and one letter dated June 29, 1981, have not yet been completed. Indeed, it has come to my attention that your respective organizations (Court Square Investment Company, Tradition Homes and Foothills Park Associates) have no intention of completing this street repair in 1981. As Mr. Stringer noted in his letter of June 29, 1991, the dead- line for repairs to these deteriorated streets was September 1, 1981. To the present time, you have not taken any mean- ingful steps toward correction of this street deterioration problem. In addition, by a letter dated May 22, 1980, Mr. Dennis Plouff advised the City that your organizations desired an extension of time to June 1, 1981, for the completion of Horsetooth Road together with the associated bicycle path. The widening of Horsetooth Road and the construction of the bicycle path has not yet been completed. I am enclosing a copy of Mr. Stringer's June 29 letter for your reference. Z r. Mr. James Tull Mr. Dennis Plouff September 21, 1981 Page Two Inasmuch as the subdivision agreement was executed by Court Square Investment Company on May 17, 1977, the three year deadline for completion of the various streets in your subdivision has long been exceeded. Even the extended dead- line for the completion of Horsetooth Road has been exceeded. The City cannot tolerate continued delays in the completion of these street improvements. The interior streets in your subdivision are rapidly deteriorating and, without substantial renovation, the coming winter season is likely to result in an even more accelerated deterioration of these streets. In addition, I am becoming concerned as to the safety of these streets for urban vehicular traffic. As you know, building permits and certificates of occupancy will be with- held pending completion of these street improvements. In addition, I have been asked to investigate other possible courses of action that the City might take in order to accomplish the renovation and completion of these streets. Before commencing with litigation, or even investigating the various causes of action that the City might have, I think it appropriate to communicate with you for the purpose of ascertaining your intentions as to the eventual completion and repair of the streets. I must emphasize that it is Of utmost importance to the City that the street improvements be accomplished at the earliest possible convenience but I want to also indicate that the City is cognizant of the financial plight in which developers presently find themselves due to the undesirable economic conditions of the housing market. For this reason, the basic approach of this letter is two -fold. First, I desire to receive assurances from you that the street improvements and repairs will be completed as soon as possible while, at the same time, affording you some opportunity to arrange your financial situation in order to fund the improvements. Secondly, I must insist that the City obtain from you some assurance in the form of a bond, letter of credit or other similar instrument, that the necessary improvements and renovation work will be completed within a date specified. If it is your intention to delay the renovation work until next year, then the bond or other guarantee will have to reflect the increased costs that will be incurred by you as a result of the deterioration of the streets over the coming winger. For this reason, I would strongly urge that the improvements be completed prior to the onset of the winter season. Mr. Jame: Tull Mr. Dennis Plouff September 21, 1981 Page Three Please advise as to your intentions in regard to this matter by October 5, 1981. I shall anxiously await your reply. Sincer2ly, 'i W. Paul Eckman Assistant City Attorney WPE/scp cc: Roger Krempel Dave Stringer Mauri Rupel OCT 15 ljdi COURT -SQUARE INVESTMENT GO. A LAND INVESTMENT R MANAGEMENT CORPORATION �^! t ^�-/- �i o r d•� tat Y e7!lJl�,2Y-7rBG .Jl�[ICL�'e 711,90 �%<arr3ppe aa; icily: 20V Rnielle.; C610-rezelo 8030/ JAMES H. TULL PRESIDENT TELEPHONE (303) 530-0900 October 9, 1981 Mr. W. Paul Eckman Assistant City Attorney City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80524 RE: Street Repairs - Foothils Park Subdivision Dear Mr. Eckman: The City's recognition of the current economic plight of Developers and Builders and your willingness to work out a mutually agreeable schedule with regards to the street repairs in Foothills Park is very much appreciated. Once again this shows why the City of Fort Collins is regarded as one of the top progressive cities in the United States. Pursuant to your letter of September 21, 1981 and the meeting held on September 29, 1981 with yourself, Messrs. Roger Krepel, Dave Stinger, klauri Rupel (City of Fort Collins), and Terry L. Forest (Development Engineer for Foothills Park: Associates) I propose the following schedule to complete the required street repairs: 1. The repair work required for traffic safety at the intersection of Tradition Drive and Colony Drive will be completed this y,ar. 2. As they occur, potholes will be patched during this winter season. 3. All other repair work will be completed prior to October 31, 1982. I would like at this time to reiterate our position regarding the 1/2 inch plant mix seal coat/overlay proposed between Lot 6 and Liberty Drive. With the complete reconstruction of the base the necessary strength will be obtained without an additional 1/2 inch overlay. We feel the overlay is an addition to our original approved pavement design. As far as assurances to the City that the above work will be completed I am in a position, as. President of Court -Square Investment Company, General Partner in Foothills Park Associates, to grant to the City a $5,000.00 second mortgage on each of the ten lots in Foothills Park. This is approximately 150% of the 1982 estimated street repair cost. Thank you again for giving Foothills Park Associates the opportunity to work out the scheduling of the street repairs in Foothills Park with the City. Sierely,-- James H. Tull, President Court Square Investment Company General Partner in Foothills Park Associates CITY OF FORT COLLINS DATE: December 22, 1981 TO: Paul Eckman, Assistant City Attorney Roger Krempel, Director of Public Works Tom Hays, City Engineer FROM: Dave Stringer, Chief Construction Inspector 95 RE: Foothills Park Subdivision Attached please find a letter from Terry L. Forest addressing the temporary street repairs in the Foothills Park Subdivision. In our telephone conversation of December 16, 1981 Terry and I discussed the need of street repairs in Foothills Park this year. As of this date there is not a formalized agreement concerning the necessary street repairs between the City and Foothills Park Associates. Therefore, I felt it was in the City's best interest for the developer to commit himself to the temporary street repairs during this winter season. If this letter is an acceptable commitment from the developer then I will notify them of such. Also, I will state, that they are expected to make any necessary repairs within 48-hours after notification from the City. Please advise. Attachment COURT -SQUARE INVESTMENT GO. A LAND INVESTMENT & MANAGEMENT CORPORATION �un�axxel Jgua�xe 711.90 /W/",/ _ t&6 R../, 50W." 20,( JAMEs H. TULL nrr ex, 70o ""I, mjo7 PRESIDENT TELEPHONE (303 ) 5 30-0900 December 17, 1981 Dave Stringer Chief Construction Inspector City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Re: Street Repairs at Intersection of Tradition Drive and Colony Drive - Foothillls Part Subdivision Dear Dave: As we discussed yesterday, any street repairs completed at this time at the intersection of Tradition Drive and Colony Drive would most probably have to be replaced again next summer. Replacing repairs is economically unjustifiable in today's economic market. Therefore, as we agreed, we will patch the pot holes, as they occur, throughout this winter season. I would like to extend our thanks for your cooperation with regards to -the street repairs in Foothills Park Subdivision. Sincerely, Terry L. rest Development Engineer for Foothills Park Associates Page 2 January 17, 1977 RE: Foothills Park Resubdivision Include the fallowing rip rap specifications on the plans: Riprap shall consist of hard durable, angular shaped stone which are larger than 3-inches in the minimum dimension, 140 pounds by weight, and a minimtun volume of 1 cubic foot. The thickness of individual pieces shall be greater than 1/3 the length. 8. It appears that the drainage channel on the north end of the subdivision will not drain to the easterly property. Submit a grading plan showing on -site and off -site grading required for the channel. 9. Althouth the drainage swale is to carry a 50-year storm for existing condi- tions, the structure at Colony Drive need only provide for a 2-year storm under the street with provisions for the excess to flow over the street. A design for the structure to be constructed must be included as part of the utility plans. 10. Show a detail for the construction of headwalls as proposed on all drainage pipe. once the revisions requested and design considerations set forth have been met, and proper approval from the Ditch Company involved has been obtained, it is requested that you submit the original drawings for approval by the City Engineer. Sincerely, CLloyd G. McLaughlin Civil Engineer II Wr. u C I y (il-I IN) SSO FORT O` L ICI N�OL AD 80 22 PH 303 484.4220 CITY ATTORNEY'S OFFICE December 30, 1981 Mr. Terry Forest Court -Square Investment Co. 1300 Plaza, Court North Lafayette,CO 80026 Dear Terry: Pursuant to our telephone conversation of December 29, 1981, I am writing to advise as to the City requirements in connection with the transfer of lots to the City to secure the obligation of Court -Square Investment Company to complete some repairs to certain streets located in Foothills Park Subdivision in the City of Fort Collins. I understand your bank is requiring this instruction in order that: it may proceed to make the necessary assurances as to the amounts necessary to obtain partial releases on these lot:. Last October, we met to discuss the problem of street deterioration in Foothills Park Subdivision and arrived at a dollar amount which would constitute approximately 1500 of the 1932 estimated street repair costs in order to complete these repairs. I am not precisely certain as to the dollar amount which we arrived at, but I think you have a recollection of this amount and, if you have any question as to its correctness, I would recommend that you contact Mauri Rupel of the City Engineering Department to verify that amount. Once the amount is determined, we had discussed methods whereby the City could be assured that, in the event that the repair work was not completed in a timely fashion, the City could enforce the obligation of your company to finance these repairs by the sale of lots in Foothills Park Subdivision. Our conclusion was that your company should convey sufficient lots to the City to be held as surety for the obligation to repair these streets. My recollection is that the lots were to be valued at-$15,000 each and that we were to receive written assurances from all encumbrance holders on these lots as to the amount necessary to liquidate their respective encumbrances and to obtain the necessary parcel releases in order that the lots EXT. 700 Mr. Terry Fores-L December 30, 1981 Page Two may be sold free and clear to subsequent purchasers, in the event that. the City should be compelled to sell these lots to assure the adequate financing for repairs to these streets. Finally, upon receipt of this information, in writing, from encumbrance holders, the number of lots necessary to secure the obligation could be determined and your company could execute the necessary warranty deeds conveying these lots to the City of Fort Collins. As I indicated in my December 21, 1981, letter, the City feel; that it is imperative that this matter be resolved as soon as possible. I also suspect that, from the standpoint of the City, a written document would not be necessary for the purpose of spelling out the intent of this agreement. Indeed, this letter clearly states the City's intent and, by concurring in this letter, your company could essentially agree to its contents. Nonetheless, if you would desire, for the protection of your own company, it might be appropriate for you to arrange for the drafting of a formal agreement between the City of Fort Collins, the lending institution, and your company, spelling out the details of the agreement and making special provision as to under what circumstances these lots may be sold by the City. My recollection is that Mr. James H. Tull had indicated that all of the repair work would be completed by October 31, 1982, and that potholes would be patched as needed during the winter season while the repair work for traffic safety at the intersection of Tradition Drive and Colony Drive would be completed in the calendar year 1981. I would be happy to prepare such an agreement myself but, at the present time, I am not aware of the names of the lending institutions holding encumbrances on these lots, nor am I aware of the legal descriptions of the lots to be conveyed to the City, nor the equities in the lots or other provisions that would be necessary in the drafting of such an agreement. Accordingly, I think it advisable for attorneys for your company to prepare at least a draft agreement for our review and subsequent execution, if you should desire such an agreement for your own protection. Otherwise, you must provide me with the foregoing information in order that the preparation of the agreement may be expedited. Mr. Terry Forest December 30, 1981 Page Three The informal approach is acceptable to me, although, for your own protection and since you are conveying valuable real estate to the City, you may wish to use the more formal approach. S inure ly , s� W. 1�&ulA`Eckman Assistant City Attorney WPE:sh cc: Roger Krempel Mauri Rupel oMo f�l 77W� V C O 0- E O v C _O L U 2 111 C O v February 10, 1983 Mr. 'W. Paul Eckman Assistant City Attorney CITY OF (FORT COLLINS P.O. Box 580 Fort Collins, CO 80522 Dear Mr. Eckman: T r e )Fig",'1�-S H TULL Preside-, I received your letter today concerning the Foothills Park Subdivision. Without going into a great deal of explanation at this time, what I would like to do is set up a meeting with you sometime after the first of March, as I will be out of town until then. I certainly recognize the difficulty from the building slow -down as it pertains to this subdivision. It has caused me as much concern as it has you. Regarding the deeding of the lots, I do not know how that happened, but rest assured that I will execute any documents to make your title good. When we get together, I would like to see if we can structure something where the builder or developer would be responsible for carrying out the development work, which I do have some ideas on. So if it meets with your approval, I will contact you after the first of March and arrange an appointment. Sirtcerel,y, J James H. Tull JHT/eg cc: Tom Hays Bob Smith -'- Ron Mills City of Fort Collins Mike Whitman Tull Construction Company I N1 O M_ W Z 0 a W w a 0 8 M Cz 0 0 w W CE U C 0 0- C 0 v C 0 D .L.J Ln C/ July 14, 1983 W. Paul Eckman Assistant City Attorney CITY OF FORT COLLINS P.O. Box 5BO Fort Collins, CO 80522 RE: Foothills Park Subdivision Dear Paul: !AMES H. Tull Pres,dent With reference to our telephone conversation of July 13th it is my understanding that our Agreement for Foothills Park basically consists of the following three parts. When work has been completed or you are satisfied it is underway, you will release building permits on ten lots. These ten lots that I am requesting are as follows: LOTS 20, 22 and 23 BLOCK 2 LOTS 15 and 19 BLOCK 2 LOTS 4, 5, 6 and 7 BLOCK 3 LOT 13 BLOCK 5 The Lots we are closing immediately are Lots 20, 22 and 23 of Block 2. Hopefully these can be released at once so that construction can start. I have found out from Lloyd McLaughlin, our engineer, that the City Staff did contact him last Friday, so hopefully the work on the detention pond is now in progress. The second part of the Agreement was that we would not do anything on Lots 1 thru 10, Block 1 until the work on the back of these Lots has been completed. The third pard of the Agreement was that we would start work on the repairs on Colony Drive and we would negotiate the Lots to be released - probably based on the amount of work done. Trusting this is in line with what your thoughts are on our meeting. If not, please advise me so that we will have a solid understanding. 7S' cerely,O James H. Tull President U JHT/eg cc: Mike Whitman JUL 18 -o a 0 o co cc 0 0 w w } CE J • December 2, 1935 Mr. Michael R. Herzig Acting City Engineer City of Fort Collins 300 LaPorte Avenue Post Office Box 580 Fort Collins, CO 80522 Re: Foothills Park Resubdivision Dear Mr. Herzig: With reference to your letter of November 19, 1935 and our further telephone conversation of this date, I would like to make the following proposal. I talked with Lloyd McLaughlin of RBD Engineering this afternoon and after his looking through his records, he indicated that he felt a figure somewhere in the approximate amount of $25,000 should complete the work on the streets in Foothills Park. This was an old estimate —somewhat over a year old — however, do riot feel prices have increased greatly since that time. But, in any event, I would propose $1,000 per lot being placed in a savings account under the name of Tull Construction Company or James H. Tull and the City of Fort Collins, which would necessitate both of us having to sign in order to withdraw funds for the purpose of repairing these streets. In addition, rather than trying this $1,000 to the sale of the house, we would pay this into the savings account at the time the building permit was paid for. It has not worked to pay in arrears, so to speak, but if it is taken directly out of the construction loan for which I have received approval from the savings and loan involved, then we would be assured of the money being there for the repairs. We do have more interest in the subdivision now than we have had for some time and have it being marketed by one person only who has taken a great deal of interest in this along with a small builder, so we are somewhat optimistic that between now and next summer, a great deal of progress can be made. I certainly realize the City has been more than fair and cooperative in working with us on this problem, but I do not see any other way to make this situation work except as outlined above. If we are not allowed to sell in the subdivision, this land undoubtedly could go into foreclosure and this would be a much tougher situation to deal with than the one I am proposing. We would retain Lloyd McLaughlin to work directly for us in conjunction with your staff in order to accomplish the street repairs as mentioned above. At the present time we have two homes under contract which need to be started and, if financing is available, we would like to start an additional three or four spec homes which would give us an immediate amount in our savings account and as soon as weather permits, some repairs could be started. Mr. Michael R. Herzig -2- December 2, 1985 City of Fort Collins Re: Foothills Park Resubdivision I certainly request your cooperation again in this matter and feel that this is a proposal which will work to our mutual advantage. Also, I guess I did not mention that at the present time we have 45 lots in the subdivision which are not sold or built on. Therefore, we have the capacity to go up as high as $45,000 in funds necessary for street repairs in case the present estimate is low. I do think that in the spring I would request Mr. McLaughlin to pre- pare a new estimate at which time we could look it over together to assure there will be sufficient funds on hand. I thank you for your immediate consideration of this matter as we do need to start the two "sold" houses immediately, although I do understand a building permit has been issued for at least one of those. If necessary, I would be happy to meet with you or any other persons in Fort Collins at any time. Sincerely, TULL CONSTRUCTION COMPANY l James H. Tull President JHT/jbb HASLER AND FONFARA ATTORNEYS AT LAW TIMOTHY W. HASLER JOSEPH H. FONFARA JOHN R. DUVAL MARIAM J. MASID WALLACE D. PRUGH CELESTE HOLDER KLING Mr. Paul Eckman Assistant City Attorney City of Fort Collins 300 Laporte Avenue Fort Collins,, CO 80521 HAND DELIVER Dear Paul: August 11, 1986 RECEIVED 1986 CITY ATTORNEY SUITE 650, SAVINGS BUILDING POST OFFICE BOX 2267 FORT COLLINS, COLORADO 80522 TELEPHONE (303) 493-5070 He: James H. Tull Our File #1756-2-85 Enclosed herein please find an original and one copy of an Agreement for Street Repair by and between James H. Tull and the City of Fort Collins. Both the original and the copy were signed by Mr. Tull on August 4, 1986, as reflected by the date of the Agreement and the notary acknowledgement. I made the two changes which you requested and they have been approved by Mr. Tull as follows: 1. Paragraph 1: Inserting the word "program" in describing the City's Rehabilitation Program Fund; and 2. Paragraph 4: Inserting the clarifying language to show under what ci-rcumstances a temporary Certificate of Occupancy may he necessary. No other changes were made to the Agreement. Pages 1 through 4 have different page endings than the previously run pages; the reason for this being to retain the original signature pages of Mr. Tull as well as the exhibit pages. Upon your receipt of the enclosed, please have the original and the copy executed by the appropriate officials for the City of Fort Collins, and return one executed copy to us which we will deliver to Mr. Tull. HASLER AND FONFARA ATTORNEYS AT LAW Mr. Paul Eckman August 11, 1986 Page 2 I would also appreciate receiving a letter from the City of Fort Collins requesting that the $6,700 which is in the Hasler and Fonfara Escrow Account be paid to the City's Finance Department to be placed in the Street Repair Fund pursuant to the Agreement. Your cooperation in this matter has been sincerely appreciated, and I look forward to working with you again in the future. Sincerely yours, 2,;A M MASID MJM:kc Enclosures cc: Mr. James H. Tull w/enclosure CITY OF FORT COLLINS DEVELOPMENT SERVICES — ENGINEERING MEMORANDUM j DATE: December 5, 1986 r � Iti f TO: Honorable Mayor and City Council THRU: Steve Burkett, City Manager,(�/�^� Gary Diede, Acting Director of Development Seryice s/!/' FROM: Mike Herzig, Development Coordinator. RE: Foothills Park Resubdivision - Agreement for Street Repair Since 1979 we have had problems with the streets in the Foothills Park Resubdivision, most notably Colony and Tradition Drives. Soon after the streets were constructed, they began to fail. The initial problems were due tot poor pavement design and poor pavement construction by the developer. To compound the problem, the streets carry far more traffic than anticipated. Thr, streets have never been approved nor accepted for maintenance by the City. (See attached map) Recently we reached a tentative agreement with the developer to provide for repair of all the streets in the subdivision. The developer, Jim Tull, will pay the City $54,378. The amount is the cost estimated to patch all of the streets in the subdivision. The total sum will be collected at the rate of $2,000 per lot as homes are constructed. ($1,000 at the time a building permit is issued and $1,000 to receive the certificate of occupancy.) It is our plan to reconstruct most of the streets with a pavement recycling pro— ject rather than patch in order to provide good pavements throughout. An agenda item on this subject will be prepared for a January City Council_ meeting. At that time, we will request your approval for the City Mara e- to sign the agreement and request approval of an appropriation ordinance that will place the developer's funds in a special account in the Street Rehabilatation Program. DEVELOPMENT SERVICES ENGINEERING 300 LaPorte Ave • PO Bcx 580 • Fort Collins, Colorado 80522 • (303) 221 6605 Post Office Box 580 Fort Collins. Colorado 80521 February 28, 197T Barbara N. Weiss Drexel, Barrell & Co. 1425 Pearl Street. Boulder, Colorado 80302 RE.: Foothills Park Resubdivision Dear Barbara: Telephone 303 484.4220 The utility plans submitted February 17, 1977, for the off -site utilities for Foothills Park are satisfactory to the City of Fort Collins. Therefore, approval of the crossings of the New Mercer Canal is hereby granted in order for completion prior to the irrigation season. Any construction in excess of the canal crossings will not be permitted until final approval of the complete utility plans. Please have the contractor performing the crossings notify Bob Zakely, Chief Construction Inspector, 24-hours prior to beginning construction. Sincerely, Lloyd G. McLaughlin Civil Engineer II LGM:cs /;1001441 A� FOOTHILLS PARK RESUBDIVISION ISSUE: Streets built in 1978 have not been repaired under one-year warranty provision; how should City collect $54,378 estimated cost to patch these streets? FACTS: 1. Streets have not been totally repaired under the one-year warranty specifications. e 2. City staff has been working with the Developer, Jim Tull, for t4f" years on his promises to complete repairs. 3. Approximately $7,000 in street repairs have been completed by the Developer to date, but $54,378 still remains based on 1986 estimates. 4. Street design standards for this development in 1978 were based on the accepted Group Index soils method. In 1981 the City began using the "R" value soil test design method which is now the more accepted procedure. 5. Colony Drive functions as a collector street but was planned and built as a residential street. 6. Developer is willing to pay $2,000 per building toward the $54,378 cost of repairs; he has escrowed $6,700 to date. 7. Thirty-nine (39) lots are undeveloped; 27 lots would be needed to pay repair costs. Page 2 BACKGROUND The streets were constructed by the developer in 1978. Shortly after con- struction was completed, the streets began to fall apart. It appeared that the design was inadequate for the soil conditions, and therefore the streets were never accepted by the City. City staff have gone through sev- eral_ agreements with the developer trying to get the streets repaired. At one point the developer deeded to the City several lots which were to have covered the cost of repair. When the repairs were not made, we looked into selling the lor_s and found that the equity in the lots was far too low to cover the costs of having the streets repaired. So, the lots were deeded back to the developer and holds were placed on the issuance of all building permits to him. During the following eight year period the developer made some repairs, but he could never catch up with the streets- continuing deterioration and the increasing costs. The issue has been, for the most part, an idle one, com- ing to the surface only when the developer wanted a building permit or a certificate of occupancy. Then an agreement was made for the permit release based on promises from the developer. For the the most part, the promises were only partially fulfilled. The ball was dropped many times by the developer and the City in following through. The dilema has 'been how to get the streets repaired and yet not force the developer away. In hind sight, perhaps his departure would have been best course. However, in the spirit of cooperation and to give him the opportu- nity to fulfill his obligations, we continued negotiating. The two main streets in the subdivision, Colony and Tradition Drives, have been the only streets available between McClelland and Shields for the gen- eral public to drive between the Meadowlark and Woodwest subdivisions on the north, and Horsetooth Road on the south. As a result, these streets carry traffic volumes well in excess of normal traffic. Therefore, one pre- mise of our negotiations has been that the City would share some of the costs to rehabilitate those streets. The amount $54„378 was determined to be the amount necessary to make repairs if the streets were patched according to current City standards. However, it is our plan to reconstruct most of the streets with a pavement recycling project rather than the patching. We reached this decision because the streets have deteriorated to the point that the cost to recycle the entire pavement would not be much more than the cost of patching the current bad areas. The recycling would result in a good pavement through- out, whereas the areas not patched could still deteriorate. Our goal during the last several months of negotiations has been to secure a cash guarantee that the payment of $54,378 will be made. We have thus required that $2,000 be placed in an account in the Street Rehabilitation Program for each lot built upon. This amount, when collected on the remain- ing lots, would provide the designated amount when the remaining lots are 65% built out. Page 3 The work will be done through the Street Rehabilitation Program. The com— pletion of the work will depend on its priority compared with the citywide needs. It is important that you understand that the $54,378 will not cover the entire project. Our plan is to recycle instead of patch plus do a seal coat or an overlay to provide a finished surface. The estimated cost to recycle is $90,000. So, the City share would be roughly $36,000.'The City share will pay for about half of the cost to recycle Colony and Tradition Drives. We believe this is fair since the majority of damage to these two streets has been caused by traffic passing through the subdivision. The finished surfaces on the streets (seal coats or overlays), will be done by the Street Rehabilitation and Local Street_ Maintenance Programs. The priorities for the work will be set with the selection systems for each of those programs. The streets are over eight years old and, therefore, would be in line for some type of treatment. You should also be aware that repairs may begin before the entire $54,378 is collected. Since the agreement implies City acceptance of the streets and the beginning of their maintenance, doing the rehabilitation now instead of later-, may be a considerable savings for the City in having a maintainable pavement. CONCLUSION We believe approval of this agreement will give the City, the homeowners in the sudivision, and the public using the streets, the necessary plan to rehabilitate the entire subdivision. Therefore, in January, we will request that you approve an appropriation ordinance to receive and allocate the developer's funds so that we can plan for the project. If you have any questions, please call me at extension 6750. Attachment HASLER AND FONFARA ATTORNEYS AT LAW TIMOTHY W. HASLER JOSEPH H. FONFARA JOHN R. DUVAL MARIAM J. MASID WALLACE D. PRUGH CELESTE HOLDER KLING Mr. Mike Herzig City of Fort Collins Post Office Box 580 300 LaPorte Avenue Fort Collins, CO 80522 Dear Mr. Herzig: April 8, 1987 a * ✓ APR 9 198 SUITE 650, SAVINGS BUILDING POST OFFICE BOX 2267 FORT COLLINS, COLORADO 80522 TELEPHONE (303) 493-5070 Re: James H. Tull Foothills Park Resubdivision Our File No. 1756-2-85 This letter will confirm that we have received $2,000 from Security Title Guaranty Company and have placed the same in our escrow account. Pursuant to my telephone conversation of Wednesday, April 8, 1987, with you. and Paul Eckman, the City has agreed that it will release the building permit restrictions and certificate of occupancy restrictions for lot 2.6 of. Block 3, Foothills Park Resubdivision in Larimer County, Colorado. The $2,000 will be added to the $6,700 which we currently have in our escrow account and the total will be released at the time and in the manner in which we are directed by the City and James H. Tull, jointly, upon execution of the Agreement for Street Repair of Foothills Park Resubdivision. Your cooperation in this matter has been sincerely appreciated. Please feel free to call me if you have any questions with respect to the above. Sincerel� yours, MARI J. MASID MJM:kc cc: Mr. Paul Eckman Mr. James H. Tull Security Title Guaranty Company HASLER AND FONFARA ATTORNEYS AT LAW TIMOTHY W. HASLER JOSEPH H. FONFARA JOHN R. DUVAL MARIAM J. MASID WALLACE D. PRUGH CELESTE HOLDER KLING Mr. Mike Herzig City of Fort Collins Post Office Box 580 300 LaPorte Avenue Fort Collins, CO 80522 Dear Mr. Herzig: This letter with respect to ] Street Repair ha; enclosed herein. upon the sale of pay to the City into the Street particular lot certificate of paragraph 9 with Escrow Account tl total of $8,70( execution of the Department therein in April 9, 1987 APR i, 3 198r SUITE 650, SAVINGS BUILDING POST OFFICE BOX 2267 FORT COLLINS, COLORADO 80522 TELEPHONE (303) 493-5070 Re: James H. Tull Foothills Park Resubdivision Our File No. 1756-2-85 will confirm our conversation of April 8, 1987, 'oothills Park Resubdivision. The Agreement for been revised and an original and one copy are The Agreement provides in paragraph 5, that any lot to a third party, James H. Tull shall of Fort Collins the sum of $2,000 for deposit Repair Fund in return for the release of said from the development prohibition and the occupancy restriction. I have also revised respect to the sums in the Hasler and Fonfara > indicate that as of April 9, 1987, there is a deposited therein. Furthermore, upon the Agreement, we shall pay to the City Finance the- sum of $8,700 plus any additional sums deposited connection with the Agreement. You have indicated that it may take several weeks to secure the necessary approvals for signature of the Agreement by the City staff ,and, therefore, you have agreed that until the Agreement is signed any additional lots which need to be released from the development prohibition and/or the certificate of occupancy restriction will be released upon the deposit of_ the necessary sums into the Hasler and Fonfara Escrow Account. Upon deposit of said sums, we will simply notify you by letter that said sums have been received by us and you will release the identified lot from the development prohibition and/or certificate of occupancy restriction. In other words, in the future we will not need to contact you or Paul Eckman other than by the above -described letter provided that the necessary sums have been deposited in our escrow account and you are notified of the same. HASLER AND FONFARA ATTORNEYS AT LAW Mr. Mike Herzig April 9, 1927 Page We have appreciated your cooperation in this matter. Please feel free to contact me if you have any questions with respect to the above or if you have any further questions with respect to the Agreement. Sincerely yours, MARIAM J. MASID MJM:kc Enclosures cc: Mr. Paul Eckman Mr. James H. Tull Message. Dated: 06/23/87 at 1540. Subject: Foothills Park ResubdivisionSubject: Foothills Park Resubdiv Sender: Mike HERZIG / CFC/01 Contents: 2. Part 1. The list is empty. Part 2. Steve, Gary Diede asked me to send you an update on the status of the Foothills Park Resubdivision. If you recall last December we talked about this development built back in 1979 where the streets, most notably Colony and Tradition Drives, started to fall apart shortly after they were constructed. The developer never did complete the repairs. Last year we reached a tentative agreement with the developer where he agreed to pay the City $541378, the estimated cost to repair the streets. This would be collected $2,000 per lot as each lot was built upon. Last month the lender, First Federal Savings Bank of Lakewood, foreclosed on the developer and took back the unsold lots. We never did get the developer to sign the proposed agreement. Paul Eckman and I met with the bank representatives, explained the circumstances and the basis for our asking for the payment. The requirement made sense to them. So, two weeks ago the lender released $8,700 to the City that had been held in escrow collected from the developer for street repairs. Last Thursday we received a check from the bank for the remaining amount, giving us the total $54,378. I have told the bank representative thankyou for the prompt payment but, City Council approval is needed to accept the payment and, thereby, release them from further obligations to repair the streets. I also mentioned that they should not expect the City to repair or reconstruct the streets immediately. This work would have to be programmed into our Street Rehab Program. However, the City would do patching in the mean time to keep the streets drivable. We are scheduled for the July 7th City Council meeting to recommend approval to appropriate the funds into the Street Rehab Fund to be used for the repair of streets in that subdivision. All in all I believe this is Good news, reaching a milestone in resolving a long standing problem. End of Item i IN TRAY > CITY OF FORT COLLINS DEVELOPMENT SERVICES — ENGINEERING June 26, 1987 Mr. Cecil Cooksey First Federal Savings Bank 215 South Wadsworth B1. Lakewood, CO 80226 Dear Mr. Cooksey: This letter is written to confirm the items that we have discussed in our meetings regarding the Foothills Park Resubdivision. Except for the street problems, all of the public improvements required for the development have been completed! and been accepted by the City. To settle the street problems, last year we had reached a tentative agree- ment with Jim Tull, the developer, requesting that he pay the City $54,378 to cover the cost of street repairs. The amount was based on the estimated cost to patch all of the streets. We offered to accept the streets for maintenance and release the developer from further obligation, depending upon final approval of the agreement by City Council. Also, the City would release the Development Prohibition currently on file with Larimer County. We never did complete the agreement with Jim, therefore, the Development Prohibition is still in effect. Since First Federal Savings Bank has recently taken over ownership of the development, the proposed terms for settling the street problems are still the same. On June 8,1987, we received a check for $8,700 from Hasler and Fonfara, attorneys for Mr. Tull, to be applied as partial payment for the street work. On June 18, 1987, we received the check from First Federal Savings Bank for $45,678, the amount required to complete the full payment. Thank you for your prompt payment. I have scheduled for the City Council to hear this matter on July 7, 1987. The City staff will recommend to the Council that they accept the $54,378 as payment for the City to repair the streets some time in the future. The City would then accept the streets for maintenance. Also, after Council approval we will file a Release of Devel- opment Prohibition with the County. 300 LaPorte Ave • P.O Box 580 • Fort Collins, Colorado 80522 • (303) 221-6605 I will let you know what action City Council takes. Call. me if you have any questions. Sincerely, Mike Herzig, Development Coordinator CITY OF FORT COLLINS OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT July 22, 1987 Mr. Cecil Cooksey First Federal Savings Bank 215 South Wadsworth Bl. Lakewood, CO 80226 Dear Mr. Cooksey: Last night the City Council completed the acceptance of your $54,378 pay- ment for the street repairs needed in the Foothills Park Resubdivision. The acceptance releases the developer, in this case First Federal Savings Bank, from any further obligation to repair those streets. Along with the accep- tance, the City also accepts responsibility for the maintenance. A "Release of Development Prohibition" was filed with the County on July 15th. I have enclosed an unofficial copy of the release for your informa- tion. These actions complete everything regarding the developer's obligations in the subdivision. As we discussed before, the City will plan for construct- ing the repairs in 1988 or 1989. The reason for the delay is because we plan to do an extensive rehabilitation of the streets that will require City funds to be used for the work in addition to the $54,378. In the mean- time, the streets will be kept drivable by patching potholes. Thank you for your cooperation. Call me if you have any further questions. Sincerely, Mike Herzig, �1 Development Coordinator Enclosure OFFICE OF DEVELOPMENT SERVICES, PLANNING 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750 _ 1 FjONALO C. M, 1, Al, GR LIN KENNETH R. WRICHT H ALh0R0 E. ERICHSOhI OOUGLAS T. SCIEHN JOHN T. ",LANE WILLIAM C. TAC VART THOMAS W. MORRIS JIMMIE D. WHITFIELO WRIGHT-Mc LAUGHLIN ENGINEERS ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER COLORADO 80211 ,3G3, 498.6201 AS— 0-1ce 9T P.Aua OAT —.1c. O. "' �02• O. Bolt 5220 A-- COLORA00 �I. 11 STE—OATw VILL . COLORA00 AII-1 April 19, 1977 Mr. William C. Stover, Attorney United Bank Building Suite 315 Fort Collins, Colorado 80521 Dear Mr. Stover: COMPLETE ENGINEERING SERVICES IN THE. SPECIALf V FIELDS OF WATER SO"PL/ AND D19rRIVIQTION WATER AND SI=WA(,E TREATMENT 'A '.'AGE COLLEf. r!UN AND REUSE INDUSTRIAL WASTt-% STORM f1RAINA(.P- FLOOD CONrRQL AND OTHER WATER ORIE,NTI.:D PNQ)ILr1'S1 o 1LLON LA1t[ ow Flce � j / 1 h NISC O, COLOR... •0 RE: Foothills Park Subdivision We have completed our analysis of the drainage plan for the Foothills Park Subdivision, Fort Collins, Colorado. The drainage plan proposes to provide a detention pond located in the northeastern corner of the development. This pond is designed to hold the excess storm runoff from the development over what would have occurred in the natural state for the 100-year event. These waters would then be discharged at approxi- mately the historic 25-year rate to the New Mercer Ditch. According to the letter from Donald M. Parsons of December 17, 1976, to Drexel, Barrel b Company, attached, "It has been the City's (Fort Collins) policy to require that the increased storr^.vater runoff gener- ated by a 50-year storm frequency be retained on -site. The discharge rate from the retention pond shall be equal to the runoff of a 2-year storm frequnecy prior to development." Mr. Parsons' letter states that using this criteria, 72,690 cubic feet of runoff be retained on -site and released at a rate of 10.8 cfs. The engineer for the Foothills Park used these figures for the sizing of the pond and its outlet. However, they then pointed out that they calculated the 10.8 cfs rate to be approximately the historic 25-year rate. As such, the sizing of the pond appears to not meet the before -quoted policy of the City of Fort Collins. The engineers also pointed out that they calculated that 59,549 cubic feet of storage would be required to retain the increased runoff generated by a 100-year event if the water were re- leased at the historic 100-year rate. As discussed in our letter to you of January 6, 1977, on "Water Quality and Irrigation Ditches," we would recommend that no runoff waters from subdivisions be allowed to be discharged into irrigation ditches;,espec- ially since your study has not been completed for the formulation of goals, objectives, policy, and general criteria for urban storm runoff discharge to irrigation ditches. CITY OF FORT COLLINS DEVELOPMENT SERVICES — ENGINEERING September 29, 1987 Marc Middel Middel Enterprises, Inc. 1407 South College Avenue Fort Collins, Colorado 80524 Re: Foothills Park Resubdivision f1:'iaFiT.7� This letter is intended to clarify your concerns regarding the sidewalks, curbs and gutters which currently exhibit signs of surface cracking in numerous locations throughout the Foothills Park development. At the City's request the Portland Cement Association engineers evaluated this type of cracking in several developments within the City. It is their conclusion the cracking is a result of reactive aggregates. It seems this was a common occurrence with concretes produced during the mid 60's to late 701s. In addition, it is their opinion (based upon studies which monitored this phenomenon) that the concrete will function several years without rapid deterioration. Failures which do occur will most likely be surface scaling, not adverse full depth cracks and concrete displacements. In response to your questions concerning maintenance, City Code places maintenance responsibility upon the property owner, and we feel this requirement :is still valid for this development. It is PCA's best guesstimate that the concrete in question will continue to function for its 20-year design life and probably beyond. Y 1 r DEVELOPMENT SERVICES —1 ENGINEERING O Box 580 • Fort Collins, Colorado 80522 • (303) 221 6605 Marc Middel September 29, 1987 Page 2 In closing it is important to address the fact that any sidewalks, curbs or gutters which are damaged during the home building construction will be subject to the same repair standards as other developments. That is, it will still be the responsibility of the home builder to repair any damage which does occur. Hopefully your concerns have been addressed and if you desire additional information, please contact me. Srely, ....�...-�` 11 David Stringer Chief Construction Inspector CITY OF FORT COLLINS DEVELOPMENT SERVICES — ENGINEERING October 14, 1987 Mr. Cecil Cook:sey First Federal Savings Bank 215 South Wadsworth Bl. Lakewood, CO 80 226 RE: Foothills Park Resubdivision - Sidewalk, Curb & Gutter Dear Mr. Cooksey: I am writing with regard to your concern about damaged curb, gutter and sidewalk that our inspector said must be replaced as new homes are con- structed on the remaining lots in the Foothills Park Resubdivision. As you said, it was your understanding that First Federal was released from fur- ther obligations in the subdivision when $54,378 was paid to the City for the street repairs. I have reviewed the issue with Gary Diede, Director of Engineering, and Paul Eckman, Assistant City Attorney. We concluded that the inspector is correct. The damaged concrete work should be replaced along each lot fron- tage as each lot is built upon. The repairs must be completed, not at City expense, prior to the issuance of a certificate of occupancy. The following is an explanation of our position. In my letter to you dated July 22, 1987, I stated that the "developer's" obligation to the City for repair of the street damage was fulfilled with your payment of the $54, 378. In 1979, when the problems with the street arose, the only problem under consideration was pavement. Over the last eight years pavement damage was the only item considered. Curb, gutter and sidewalk had never been addressed. Since the concrete work had not been an issue, the "developer's" obligation was completed with respect to all issues under consideration. The City has a program for the maintenance of pavement, where the City at large pays for pavement maintenance. However, the maintenance of the curb, gutter and sidewalk is a property owner responsibility. Our policy with developments is that once the public improvements are complete, the con- crete work just sits until a building is constructed. This could be just a few months or many years. As long as no hazardous condition develops the concrete work is left unmaintained until a building is being constructed on a lot. Then the concrete work is inspected and damage is required to be repaired prior to the owner receiving a certificate of occupancy. Page 2 From our perspective we have considered development separate from construc- tion of houses. Once the concrete work is completed by the developer and accepted by the City, subject to a one or two year warranty period, the repair of any damaged or cracked concrete becomes the responsibility of the lot owner. The lot owner could still be the developer, but we do not make that distinction. The pavement becomes the City's to maintain. For these reasons the responsibility of the concrete repairs in the Footh- ills Park Resubdivision will be the responsibility of the lot owners as the lots are built upon. Please call me :if you have any further questions. Sincerely, %6- Mike Herzig, t/ ` Development Coordinator xc: Gary Diede, Director of Engineering Paul Eckman, Assistant City Attorney ` October 14. 1987 Mr. Cecil Cooksey First Federal Savings Bank 215 South Wadsworth Bl, Lakewood, CO 80226 RE: Foothills Park Resubdivision - Sidewalk, Curb & Gutter Dear Mr. Cooksey: I am writing with regard to your concern about damaged curb, gutter and sidewalk that our inspector said must be replaced as new homes are constructed on the remaining lots in the Foothills Park Resubdivision. As you said, it was your understanding that First Federal was released from further obligations in the subdivision when $54,378 was paid to the City for the street repairs. I have reviewed the issue with Gary Diede, City Engineerr, and Paul Eckman, Assistant City Attorney. We concluded that the inspector is correct. The damaged concrete work should be replaced along each lot frontage as each lot is built upon. The repairs must be completed, not at City expense, prior to the issuance of a certificate of occupancy. The following is an explanation of our position. In my letter to you dated July 22, 1987, I stated that the "developer's" obligation to the City for repair of the street damage was fulfilled with your payment of the $54,378. In 1979, when the problems with the street arose, the only problem under consideration was pavement. Over the last eight years pavement damage was the only item considered. Curb, gutter and sidewalk had never been addressed. Since the concrete work had not been an issue, the "developer's" obligation was completed with respect to all issues under consideration. The City has a program for the maintenance of pavement, where the City at large pays for pavement maintenance. However, the maintenance of the curb, gutter and sidewalk is a property owner responsibility. Our policy with developments is that once the public improvements are complete, the concrete work just sits until a building is constructed. This could be just a few months or many years. As long as no hazardous condition develops the concrete work is left unmaintained until a building is being constructed on a lot. Then the concrete work is inspected and damage is required to be repaired prior to the owner receiving a certificate of occupancy. From our perspective we have considered development separate from construction of houses. Once the concrete work is completed by the developer and accepted by the City, subject to a one or two vear warrantv period, the repair of any damaged or cracked concrete becomes the responsibility of the lot owner. The lot owner could still be the developer, but we do not make that distinction. The pavement becomes the City's to maintain. For these reasons the responsibility of the concrete repairs in the Foothills Park Resubdivision will be the responsibility of the lot owners as the lots are built upon. Please call me if you have any further questions. Sincerely, Mike Herzig, Development Coordinator GEORGE T. SWEENEY WILLIAM G. ROSS LAW OFFICES SWEENEY & ROSS PROFESSIONAL CORP09ATION 215 SOUTH WADSWORTH BOULEVARD SUITE 505 FIRST FEDERAL SAVINGS BANK BUILDING LAKEWOOD, COLORADO 80226 0 1007 OCT 0 owl October 28, 1987 AREA CODE303 2a4-1600 Mr. Mike Herzig, Development Coordinator �� City of Fort Collins 300 LaPorte Avenue:f'.rA' r' ar is P.O. Box 580 Ft. Collins, CO 80522 `� { Dear Mr. Herzig: We are attorneys at law representing First Federal Savings Bank of Colorado. We have been asked by our client to review the intent of the parties in entering into an agreement whereby First Federal agreed to pay to the City the sum of $54,378 for the payment of street repairs needed in the Foothills Park Resubdivision. As you know, First Federal took back this project from the developer by use of a deed in lieu of foreclosure. As a result of that action by First Federal, it chose to undertake to meet the committment by the former developer of paying the above referenced sum to the City of Fort Collins although it did not have to do so. The payment was made in an effort to provide a show of good faith to the City and aide First Federal in selling off the remaining lots in this subdivision. The intent Of the parties and the agreement between the developer and the City, to which First Federal became a party, was that upon the payment of the above referenced sum the City would undertake the repair of the streets in the said subdivision. This agreement was always explained to First Federal that the streets included the generic use of the "Street" to include sidewalks, curbs, and gutters. After the City Counsel accepted the payment from First Federal; which it never would have gotten from the developer, then an effort was made to change the terms of that agreement by requiring an additional payment of $10,710 for repair of sidewalk, curb, and gutter adjacent to the streets for which the $54,378 was paid. Mr. Mike Herzig, Development Coordinator October 28, 1987 Page Two It is our opinion after reviewing all of the correspondence in this matter and the agreement between the developer and the City, that it was always the parties intentions that the repairs to the curb, gutter, and street would also be covered by the payment of the said sum. If the City now wishes to change the agreement between the parties, then First Federal may wish to rescind the entire transaction and demand a re -payment of the $54,378 paid in good faith. I would appreciate your concurrence that the agreement in the firSL iilStaltCe iuciuded curbs, gutters, and sidewalks so thct we may put this debate between the parties to rest. If you disagree with my conclusion, I would be happy to hear from you. Very truly yours, SWEENEY & ROSS, P.C. William G. Ross-#1852 WGR: lms cc: Cecil Cooksey John Huisjen Mr. Will C. Stover Attorney at Law April 19, 1977 Page 2 We realize that the ditch company is trying to work in harmony with adjacent landowners, and therefore like to offer the following comments on the sub- mitted drainage plan: 1. The outlet from the pond should have the capability of variable discharge rates. 2. All riprap should be constructed with a minimum of b inches of appropriate bedding material. 3. All riprap should be 12-inch median diameter or larger. 4. The outlet from the pond should be fitted with a debris trap. If you have any questions in regards to this matter, please feel free to contact us. Very truly yours, WRIGHT-MCLAUGHLIN ENGINEERS David J . I�csv DJL:ekb Encl. CC: Louis Swift 752-32.2D r '• 4T� 0/c� Cal _: . — r'a.t orr.ce 9aa sea Fort Colldns, Colorado 80527 Telephone 303 484.4220 December 17, 1976 Drexel, Barrell & Co. 1425 Pearl Street Boulder, Colorado 80302 Gentlemen: This letter is submitted, as you have rec_uested, to outline the City of Fort Collins policy on stor mater retention. It has been the City's policy to require that the increased storraater runoff generated by a 50-year storm frequency be retained onsite. The discharae rate from the retention pond shall then be emial to the runoff of a 2-yea-r y storm frequency prior to develouaent. Using this criteria for the Foothills Park Subdivision would recre 72,690 ' cubic feet of runoff be retained onsite and release::: at a rate ' 10.8 cfs, { I If we can be of further assistance in this matter please contact us. Respectfully, '00 ?'� Donald M. Pa_rso City Enaineer DMP: LM: cs I kv 7".... rI�_ ,� ��L (/ '�/J/L �� �///�•//)))//q�/ '.g: #f *'� �\� �,,,�..,, per- �rat.ez� 777 Post Office Box 580 Fort Collins, Colorado 80521 Dennis Plouff Court -Square Investment Co. 1301 Spruce Street Suite 201 Boulder, Colorado 80302 RE: Foothills Park Resubdivision, New Mercer Utility Crossings Dear Dennis: Telephone 303 484-4220 This letter is to inform you that the sanitary sewer to serve the Foothills Park Resubdivision across the New Mercer Canal has been constructed by Gurwell Construction Company and accepted by the City of Fort Collins. The water main extended on Meadowlark Avenue across the ditch has also been installed by Gunnell Construction Company. However, the City will not final accept this line until such time as a leakage test can be performed. The materials, and workmanship were visually inspected during construction and were satisfactory. Sincerely, ,� . �; Lloyd G. McLaughlin Civil Engineer II LGM:cs cc: Weitzel Excavating Gurwell Construction Company 1 T ItAE (7 F1,11 ER 0F TF'E RLt) JAME:S H. TULL PRESIDENT COURT -SQUARE INVESTMENT GO. A LAND INVESTMENT & MANAGEMENT CORPORATION May 13, 1977 Mr. Lloyd McLaughlin City of Fort Collins, Engineering Department 300 LaPorte Avenue Fort Coll -ins, CO 80521 Dear Lloyd: 9Y09 Y,,,, Y1, Mite 209 Aru44" Zo'k ..�.o 8og02 TELEPHONE (303) 449-29I 1 This letter is just to confirm our telephone conversation of May 5, 1977 regarding the Utilities Agreement for Foothills Park Subdivision in which we established that the section of the agreement referring a bridge to be built in Colony Drive at the northwest corner of the subdivision is in fact referring to the box culvert to be built at that location as shown on the approved design drawings. know. If there are any questions regarding this, please let me Sincerely yours, �Q/btt�lAO Dennis Plouff P.E.