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HomeMy WebLinkAboutUNIVERSITY SHOPPING CENTER - Filed GC-GENERAL CORRESPONDENCE - 2004-09-03HUITT ZOLLARS, INC. - 4582 South At- S1. , Suite 1303 , Den,er, CO 80237-2639 1 303740 7325 phone r 303.224 9997 la. - h1M zolle,, .nu Monday — April 26, 2004 Sent Via: Pt Class ❑ FedEx ❑ Facsimile to: ❑ Email to: Ilrrl111rrrrlrl111II I I I I I I I I I I I I I I I I I t I I I I I I I I I I I I I I I I I I I I I Re: CITY OF FORT COLLINS Engineering Department 281 N. College Avenue Fort Collins, CO 80522-0580 Attention: Mr. Ward Stanford Transportation Review Engineer Dear Mr. Stanford: ❑ Courier ❑ Hand Deliver Traffic Impact Analysis MCDONALD'S RESTAURANT 2401 S. College Avenue City of Fort Collins, CO HZIJN:16-0213-02 As you know, MCDONALD'S CORPORATION is planning the redevelopment of their existing facility located within the University Shopping Center at 2401 S. College Avenue. The redevelopment will include the complete raze (demolition) and rebuild of the existing building, as well as site improvements including the installation of McDonald's state-of-the-art dual drive- thru ordering system. The current facility includes a 5,049sf (1,162sf of dining area) fast-food restaurant (McDonald's) with a single order drive-thru (single pay point and pickup point) system on a 55,371sf (1.27 acre) parcel of land providing 68 vehicle parking spaces. The proposed facility will include a 4,322sf (995sf of dining area) fast-food restaurant (McDonald's) with a dual order drive-thru (single pay point and pickup point) system on a 55,371sf (1.27 acre) parcel of land providing 56 vehicle parking spaces. Although the facility size and available on -site vehicle parking spaces is being reduced, MCDONALD'S CORPORATION does not believe that the number of patrons frequenting the facility will be impacted (I.e no increase or decrease in the current traffic levels). Further, the installation of the dual order drive-thru system will more effciently process those patrons utilizing the drive-thru facilities which will help mitigate any existing on -site traffic congestion. Studies performed by MCDONALD'S CORPORATION have shown that the dual order drive-thru system can process approximately 1.75 vehicles vis-a-vis the 1.00 vehicles processed in a single order drive thru system. We trust this abbreviated Traffic Impact Analysis addresses your concerns and look forward to receiving your approval shortly. Please feel free to call my associate, Robert Palmer, or me, at (303) 740-7325 should you have questions or wish to discuss this information in greater detail. Thanks! IIIIIJ///i��� Sincerely, \fit Q Rf H I 41ce INC. \ CS1 �Pa A' ©PL O •� 9 3 28427 z nE. (co, r�, wY) • I ac Vice Preside ( tar Public: Ce%ra )0. National Societ of Professional Nsvbb ona5El neers® ASS/ANAL F'�ttt cc: Mr. Peter Barnes, Zoning Administrator — City of Fort Collins Ms. Susan Joy, Development Review Engineer — City of Fort Collins Mr. Wayne Bishop, Project Manager — McDonald's Corporation file: i:Iproj11602131docsVws042604.doc l�,r,_i.r,�'i,��/; ,`�tr�2.'t^t:.c,ictG/.,,tt^ �L,t✓cC�t^�t7...Gta1..fiTr��a'"d7't'e�'?iz7�i�. HUIT -AOLLARS HU ITT ZOUARS, INC. 4582 South UI ter $s � Suite 1303 Denveq CO 80237-2639 1 303. 740.7325 phone 1 303.22A 9997 fax 1 hant-zo l tars. car Tuesday — November 2, 2004 Sent Via: ❑ 15t Class ® FedEx ❑ Courier ❑ Hand Deliver ❑ Facsimile to: ❑ Email to: IIII 1,111111I11111I1I11Itl11111111111t l ll t l 1t1111ttttltll Re: CITY OF FORT COLLINS Engineering Department 281 N. College Avenue Fort Collins, CO 80522-0580 Attention: Ms. Susan Joy Development Review Engineer Dear Susan: Submittal of Easement Documents & Fee MCDONALD'S RESTAURANT 2401 S. College Avenue City of Fort Collins, CO HZI JN: 16-0213-02 It was a pleasure speaking with you the other morning regarding the required DRAINAGE and 25' PUBLIC ACCESS, TRANSIT FACILITIES, AND UTILITY EASEMENTS for the above noted project. As you are intimately aware, we are in constant communication with Ms. Cathy Reynolds (ACF Property Management, for and on behalf of University Plaza 02, LLC) regarding her team's review and approval of those portions of the easements that encumber the property that McDonald's leases from them. The latest information, as we discussed this morning, is that Ms. Reynolds' legal team is reviewing these encumbrances with their lending institution. Although Ms. Reynolds is very aware of the timing concern regarding submittal of these documents prior to issuance of either a Temporary Certificate of Occupancy or a Final Certificate of Occupancy, it appears that she is unable to expedite the review any more that she already is. However, as you know, I've already received the signed, attested, notarized, and attorney certified documents back from MCDONALD'S CORPORATION and have processed a check (payable to Larimer County Assessor's Office, as you directed) for the full amount of the easement filing (for all four documents/easements). Per our discussion the other morning, we are pleased to submit for your review and approval, the following items: • Check #1393, payable to Larimer County Assessor's Office, in the amount of $84.00 as payment of the EASEMENT FILING FEE (calculated at $6/first page * 4 pages = $24.00 plus $5/other pages * 12 pages = $60.00). • DEED OF DEDICATION FOR EASEMENT for a permanent DRAINAGE EASEMENT from MCDONALD'S CORPORATION signed by (grantor) Ms. Shirley Farrell, Sr. Counsel, attested by Ms. Nancy Jones, Paralegal with ATTORNEY'S CERTIFICATION signed by Ms. Farrell. -- Attached to the Deed is EXHIBIT "A" (DRAINAGE EASEMENT), signed and sealed by Mr. Charles Beckstrom, PLS and ILLUSTRATION FOR EXHIBIT "A" (DRAINAGE EASEMENT). • DEED OF DEDICATION FOR EASEMENT for a permanent 25' PUBLIC ACCESS, TRANSIT FACILITIES, AND UTILITY EASEMENT from MCDONALD'S CORPORATION signed by (grantor) Ms. Shirley Farrell, Sr. Counsel, attested by Ms. Nancy Jones, Paralegal with ATTORNEY'S CERTIFICATION signed by Ms. Farrell. -- Attached to the Deed is EXHIBIT "A" (25' PUBLIC ACCESS, TRANSIT FACILITIES, AND UTILITY EASEMENT), signed and sealed by Mr. Charles Beckstrom, PLS and ILLUSTRATION FOR EXHIBIT "A" (25' PUBLIC ACCESS, TRANSIT FACILITIES, AND UTILITY EASEMENT). • FINAL REVIEW COPY (as currently being reviewed by ACF Property Management's team for an on behalf of University Plaza 02, LLC) of the DEED OF DEDICATION FOR EASEMENT for a permanent DRAINAGE EASEMENT. -- Attached to the Deed is a copy of EXHIBIT "A" (DRAINAGE EASEMENT), signed and sealed by Mr. Charles Beckstrom, PLS and ILLUSTRATION FOR EXHIBIT "A" (DRAINAGE EASEMENT). • FINAL REVIEW COPY (as currently being reviewed by ACF Property Management's team for an on behalf of University Plaza 02, LLC) of the DEED OF DEDICATION FOR EASEMENT for a permanent 25' PUBLIC ACCESS, TRANSIT -- Attached to the Deed is a copy of EXHIBIT "A" (25' PUBLIC ACCESS, TRANSIT FACILITIES, AND UTILITY EASEMENT), signed and sealed by Mr. Charles Beckstrom, PLS and ILLUSTRATION FOR EXHIBIT "A" (25' PUBLIC ACCESS, TRANSIT FACILITIES, AND UTILITY EASEMENT). We are hoping to get the final signed, attested, notarized, and attorney certified documents from Ms. Reynold's team shortly. Upon receipt, we will forward these documents to you for your final review and filing with Larimer County. As you know, we are very close to completing construction of this facility and are excited about the upcoming opening and the ability to serve the residents and guests of the City of Fort Collins! 7 /7e z n a 5e-2 e tviet [ 0t rl d . Ms. Susan Jones, Development Review Engineer Submittal of Easement Documents and Fee November 02, 2004 Page 2 11 IfTT-AILAIS We understand that the City's position is that neither a Temporary Certificate of Occupancy nor a Final Certificate of Occupancy will be issued until ALL of the signed, attested, and notarized easement documents are submitted. However, as you know, we've been working diligently with the representatives of University Plaza 02, LLC (via ACF Property Management) and respectfully request that the City — with the submittal of the information provided above — issue a Temporary Certificate of Occupancy when it is requested, should that occur prior to submittal of the final signed, attested, and notarized easement documents from University Plaza 02, LLC (via ACF Property Management). We understand that this may not be a decision you can make and respectfully request that you discuss this issue with whomever can make this decision. We would be pleased to discuss this issue with that person as well, if you believe that would be beneficial. Please let us know. Thank you in advance for all of your help resolving this issue — and for your work on this project in general! We greatly appreciate it! INC. Weylan R. "ZD6d"ryi (CO, IL, PA, WY), CCE Vice President & Office Manage r(No Public: Colorado) CERTIFIED CONSULTING ENGINEER National Society of Professional Enalneers® Slpnafory, NSPEUeeesed Member Enclosures cc: Mr. Wayne Bishop (Area Construction Manager, McD-DEN) via email at: wavne.bishop(amcd.com Mr. David Moroney (Area Real Estate Manager, McD-DEN) via email at: david.moroney0mcd.com Ms. Nancy Jones (Paralegal, McD-OAK) via email at: nancv.iones0mcd.com Ms. Darla Bowen (Real Estate Attorney, McD-PHO) via email at: dada.bowen@mcd.com Ms. Cathy Reynolds (Vice President, ACF Property Mgmt) via email at: cathv@acfpm.com file: i:Iproj11602131docsVsj110204.doc This Instrument prepared by and after recording return to: Brian L. Bilzin, Esquire BILZIN SUMBERG DUNN BAENA PRICE 6 AXELROD LLP 2500 First Union Financial Center Miami, Florida 33131-2336 LIMITED POWER OF ATTORNEY LASALLE BANK NATIONAL ASSOCIATION, a national banking association, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF GE CAPITAL MORTGAGE CORPORATION, COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2002-2 ("Trustee"), having a business address of 135 South LaSalle Street, Suite 1625, Chicago, Illinois 60603, Attn: Asset Backed Securities Trust Services Group — GECCMC 2002- 2, hereby makes, constitutes and appoints LENNAR PARTNERS, INC., a Florida corporation ("Attorney"), with a business address of 760 N.W. 107th Avenue, Suite 400, Miami, Florida 33172, its true and lawful attorney, and, in its name, place and stead and for its use and benefit, to execute, endorse, deliver and acknowledge all documents, and to take all such further actions, necessary or appropriate (i) to service any mortgage, deed of trust or other loans acquired or owned by Trustee, including, without limitation, the issuance of statements for and the collection of any sums due or otherwise payable under such loans, (ii) for the modification, partial release, foreclosure, cancellation or satisfaction of mortgages and deeds of trust and notes relating to such loans as well as any other instrument relating to such loans, (iii) for the day -today operation, management, leasing, repair, maintenance and disposition and conveyance of real and personal property acquired through foreclosure sales or deeds in lieu of foreclosure with respect to such loans, (iv) for the sale, conveyance, endorsement or assignment of mortgages and deeds of trust and notes as well as any other instrument relating to such loans, and (v) for the exercise of any and all of the foregoing in the context of any case filed under Titles 7, 11 or 13 of the United States Code or any other provision of federal or state law relating to bankruptcy or insolvency, including, without limitation, the filing of proofs of claim, filing of motions to dismiss or for stay of relief, voting on plans, and acting as plan proponent. Trustee grants unto Attorney as Trustee's attorney -in -fact full power and authority to execute and deliver such instruments and to take such actions as if Trustee were personally present, hereby ratifying and confirming all that Attorney as Trustee's attorney -in -fact shall lawfully do or cause to be done by authority hereof. Action by Attorney shall be through its Chief Executive Officer, its President, any Vice President or any other authorized officer as established by corporate resolution (as to other authorized officers only). Third parties without actual notice may rely upon the powers granted under this instrument upon the exercise of any such powers by Attorney as Trustee's attorney -in -fact, and may assume that all conditions precedent to the exercise of any such powers have been satisfied. This Limited Power of Attorney shall remain in full force and effect unless a revocation hereof has been recorded in the official public records of the county wherein this instrument has been recorded. Notwithstanding anything contained herein to the contrary, Attorney shall not without Trustee's written consent: (i) hire or procure counsel to represent Trustee; or (ii) prepare, execute or deliver any government filings, forms, permits, registrations or other documents which have the effect of causing Trustee to be registered to do business in any state. IN WITNESS WHEREOF, Trustee has executed this instrument and caused its seal to be affixed as of the I I day of September, 2002. Signed, sealed and delivered in the presence of: 0�4- 7 Z& Print Nam : cly reea�` bey /) Trust Officer Print Name: (as to Both) 9 8 aw Trust Officer STATE OF ILLINOIS ) SS: COUNTY OF COOK ) LASALLE BANK NATIONAL ASSOCIATION, a national banking association, AS TRUSTEE Print Name: THAAAAA RAI IIIAGAPI Vice President �E pR...... 7 Attest: ` eaA4-z Print Name: P1hh CY Assistant Secretary [CORPORATE SEAL] I MBY CERTIFY that on the -ff— day of September, 2002, before me, 4LQ1a' Notary Public of the State of Illinois, personally appeared j 4q"mJL4 d who acknowledged themselves to be a Vice President and an Assistant Secretary, respectively, of LASALLE BANK NATIONAL ASSOCIATION, a nationally chartered bank, and that they, as such officers, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of said Bank by themselves as such officers. WITNESS my hand and Notarial Seal. ,[NOTARIAL SEAL] E 'OFFICIAL SEA. 'ICHELLE L. QOCHENOURTARY PUBLIC STATE OF ILLINOISCommission Ex Ires 1210312002 Tin ame: Notary Public, State of Illinois Commission Expires: GE 2002-2 POA