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HomeMy WebLinkAboutJEFFERSON COMMONS PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-03-22DEC-24-1996 11:19 FROM JPI-DENUER TO 19702216378 P.02i02 JPI December 24, 1996 Kerrie Ashbeck Engineering Department City of Fort Collins 281 N. College Avenue PO Box 580 Ft. Collins, CO 80522-0580 RE: Jefferson Commons Dear Kerrie: Based on our meeting on December 23, 1996, JPI Development is required to resubmit a revised site and landscape plan and application along with the revised civil plans and fee for the revision of the Plum Street entrance. The revised site and landscape plans can be submitted in 8.5x 11 format. JPI is also required to obtain a letter of approval of the revised design by adjacent property owner Jim Smith. In conversation with Mr. Smith on December 23, he relayed that be is hiring a civil engineer to investigate the drainage around the building adjacent to Plum Street. He expects to meet with the engineer later this week or first of neat week. He will in turn call me to discuss his findings. At that point I intend to meet with Mr. Smith at the site to discuss a course of action. Your attendance at that meeting would be greatly appreciated. If there is other information required for submittal of the revision or anything else you require, please don't hesitate to contact me. Thank you for your assistance in this matter. Sincerely, _r' Tad Schrantz Development Projec Coordinator Jim Truitt-JPI Derrick 7lunbull-JPI Pleas Mitchell-JPI Ocie Vest -Bury & Pittman 1444 WAZEE STREET, SUITE 333 • DENVER, COLORADO 80202 • (303) 436-9705 • FAX (303) 436-9707 TOTAL P.02 OCT-25-1996 16:51 BURY & PITTMAN, INC. P.01 Bury+Pittman October 25, 1996 nary ✓tz Pittman-DFIN, Inc. Consulting Engineers/Surveyors 5310 Harvest Hill Road/Suite 100 Dallas, Texas 70230 Tel 2t4/991-0011 Fax 214/991-0278 Ms. Kerrie, Ashbeck 300129 City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0582 Subject Engineer's Cost Estimate for Jefferson Commons for JPI Development Dear Kerrie: Per your request, we have provided the following estimate for the ctty's share of the street oversi2ing costs associated with the improvement of a portion of West Elizabeth Street adjacent w this project. Item Quantity Unit lh'ice C29 1. Additional Concrete Sidewalk 260 S.F. 3.50 $ 910.00 2. Additional Street Paving 2480 S.F. 4.50 S 11-160.00 TOTAL $ 12,070.00 Please feral free to call with any questions or comments you might have- Verytruly yours, ai6 Ocie L.�vVest, P.E. OLV\nh cc: Jim Truitt, JPI F:%3001-29XADb n001ALT91.WP6 TOTAL P.01 ARTHUR E MARCH, JR RAMSEY O. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2860 19701 482-4322 TELECOPIER 1970I 482-3038 September 27, 1996 ARTHURE MARCH 1909-19BI MAILING ADDRESS: P.O. BOX 459 FORT COLLINS, CO 8OS22-0469 Kerrie Ashbeck City of Fort Collins HAND DELIVERED 281 North College Avenue Fort Collins, CO 80524 Re: Jefferson Commons Project Dear Kerrie: I am forwarding with this letter signed copies of the Development Agreement. Per our discussions, the name of the developer was changed from JPI Texas Development, Inc. to Jefferson Commons - Fort Collins, L.P. This is the same entity which signed the plat which was previously submitted. I have had previous discussions with both you and John Duval regarding a variety of issues which were raised by the developer's general counsel and its lender. I understand the City will be willing to consider addressing many of these issues by possible amendments to the Development Agreement or by other further agreements. The issues which we have discussed are as follows: 1. Paragraph ii(c), 4, at page 6 of the Development Agreement requires that the developer will maintain off site sewer and drainage facilities. I understand that when final CO's are issued, the City will be willing to specifically define the improvements which the developer is required to maintain. 2. Notations were made on the plat about the existence of "wetlands" and "native grasses." Initially it was requested that the City provide a letter explaining the basis for requiring identification of these areas on the plat. The letter was intended to provide assurances to the developers that these identifications were based upon City requirements rather than requirements of the Corps of Engineers or other federal or state authorities. John Duval advised that he would be willing to consider providing such a letter. After further discussion with JPI's general counsel, I understand that a letter is not necessary at this time. If a letter becomes necessary, I will contact John. Kerrie Ashbeck City of Fort Collins September 27, 1996 Page 2 3. There are still questions about who bears what responsibility for maintenance of the bike path. I understand the City has agreed to provide snow removal. The developer feels that the path (at the neighborhood's request) was designed for neighborhood use and was specifically not designed to be used by Jefferson Commons' residents. An agreement needs to be reached as to who has responsibility for repairing the bike easement improvements :in the future. 4. The plat provides for blanket access easements. Insurance and other concerns have been raised about overweight vehicles which could damage parking lots within the project. Both you and John suggested that there was no reason for overweight vehicles to use the access easements except in providing service to the project. The only exception may be Transfort buses. The possibility of Transfort accessing the lot was discussed at length during the planning process, and the Planning Board was advised that Transport's policies did not allow it to use the parking lot as part of its bus route. I understand that the City would consider an agreement that Transfort would not use the access easement without further consents from the owner. 5. Concern was expressed over the blanket utility easements on the site. I have advised the developer that you volunteered that after the easements had been located, it would be possible to file a replat of the project, identifying specific utility locations and eliminating the blanket easement. This may be done in the future. I don't believe that the blanket easements continue to be an issue at this time. 6. The Development Agreement provides that JPI will indemnify the City if storm water runoff from JPI's property causes damages to property owners downstream. JPI would like some assurances that their liability will be limited to a flaw in their application of the City approved design standards as of the date of submission of the Development Agreement. In other words, there is concern that if further upstream development occurs, the property owner should not be held to a standard of being required to anticipate that development and the additional runoff that it would logically create. obviously JPI is not in a position of being able to determine how other properties will be developed or control that development, and they should likewise not be held to a standard which would require them to indemnify the City in the event that those other properties cause damages. In discussing this issue with John, he advised that he would explore options of how to address this issue with City departments. Kerrie Ashbeck City of Fort Collins September 27, 1996 Page 3 If after review of this letter, you could take a moment to consider these issues and contact me to further discuss addressing these issues, it would be appreciated. Sincerely yours, MARCH & MY/A�TTT', P . CC J! Brad March JBM:drg Enclosures CC: Jim Truitt Rick Wilhelm ARTHUR E MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEWJ DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 1970) 482-4322 TELECOPIER (970) 482-303B September 13, 1996 Kerrie Ashbeck City of Fort Collins 281 North College Avenue Fort Collins, CO 80524 Re: JPI Development Agreement Dear Kerrie: ARTHUR E. MARCH 1909-19BI MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO B0522-0469 Per our discussions, I am forwarding this letter related to the Development Agreement which is to be entered into between the City and JPI. We discussed various changes, and you clarified City policies related to that agreement. Section I(f) of the agreement provides that public street improvements may not be installed until utility lines have been placed therein and have been completely installed. You have advised that it is the City's policy that if, for whatever reason, street improvements cannot immediately be installed, the City will allow the developer to bond around the improvement requirement in order to obtain building permits and proceed with the project. John Duval indicated that the City would be willing to modify paragraph III(h) to except out obligations contained in the agreement which would otherwise run with the land but which will be satisfied by the time certificates of occupancy are issued. The developer requested these exceptions to minimize the impact of the Development Agreement on the marketability of the title to the project. You advised that the City would likely be willing to acknowledge that various requirements of the Development Agreement had been satisfied at the conclusion of the construction phase. I have voiced this to Jim Truitt of JPI and have suggested that upon completion of construction, he ought to again review the Development Agreement and present a list of provisions which the developer feels have been satisfied. I understand from Mr. Truitt that he will do this when all of the Co's have been issued. Kerri Ashbeck City of Fort Collins September 13, 1996 Page 2 Mr. Truitt and I both appreciated your helpfulness in working through the agreement. Sincerely yours, MARCH & MYATT, P.C. J� Brad March JBM:drg CC: Jim Truitt i REK, Y LL:.i iv 1 : Q ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDES, JR. RICHARD S. LAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (9IO)4B2-4322 TELECOPIER (9]0) 482-303e June 7, 1996 Kerri Ashbeck City of Fort Collins 281 North College Avenue Fort Collins, CO 80524 Dear Kerri: ARTHUR E. MARCH 1909-19BI MAILING ADDRESS: P.O. BOX 469 FORT COLLINS. CO B0522-0469 By this :Letter, I am delivering the following: 1. Letters signed by Max M. and Sandra A. Beavers, Gary Mark Yerbic and Norris B. and Lauri Gail Jones evidencing their consent to the removal of Orchard and Ponderosa respectively. 2. A Temporary Easement Deed by which Sunray Investments conveys (with Bank One's consent) a temporary easement for the purpose of removing and reinstalling the bike trail on the northwest corner of the Sunray property and agrees to the installation of rip -rap within the drainage channel. 3. A deed conveying a permanent easement of a cul-de-sac on Plum Street signed by Sunray Investments. 4. A partial release whereby Bank One releases its lien against the cul-de-sac area. As we discussed, there likely will be a request by Sunray and JPI to reconfigure the cul-de-sac. If the City is unwilling to entertain such a request, the parties are willing to see the cul- de-sac built in the designated location. While you indicated that the letters of consent for the vacation of the right-of-way did not necessarily have to be provided by this date, I have nonetheless provided each of those documents with the exception of a letter signed by the Jensens. I am advised that that letter will be forthcoming. I also indicated to you previously that the Narums would provide a temporary easement deed. The Narums have likewise advised that such a deed would be provided if needed but at this juncture, it appears that no deed is necessary. Kerri Ashbeck City of Fort Collins June 7, 1996 Page 2 I understand you will hold the deeds and partial release and will not record these documents without final approval of the project and without first contacting me. Sunray's lender has advised that the note and deed of trust will be provided for the release on request. If you need additional information, please don't hesitate to contact me. Sincerely yours, MARCH & MYAT 'P•C• xi" Brad March JBM:drg cc: Jim Smith, Sunray Investments Patrick Rhamey, JPI Development