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HomeMy WebLinkAboutINTERSTATE LAND PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-03-23THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY R13D, INC. 209 SOUTH MELDRUM FORT COLLINS, COLORADO 80521-26C3 970-482-5922 FAX: 970-482-6368 August 18, 1997 Dave Stringer City of Fort Collins - Planning Department 281 N. College Avenue Fort Collins, CO 80524 RE: Interstate Lands Ist Filing Intersection Improvements Dear Dave: This letter is in follow up to my letter to you dated June 23, 1997 regarding the above described project. I understand from conversations we have had that the schedule for the required intersection improvements for Interstate Lands 1 st Filing; (Prospect/Frontage Road) is being delayed in order to ascertain the scope and schedule of City planned improvements to Prospect Road stemming from the Summitview "choices" project. This appears to make sense for all concerned given the number and complexity of issues surrounding the subject section of Prospect Road. Hopefully with clarification of the schedule for planned City improvements to Prospect Road, we will be able to develop design and construction scenarios that work in the best interest of all affected by the Frontage Road intersection. In the meantime however, Overlook Farm Inc. is maintaining a $508,000 Irrevocable Letter of Credit (LOC) to The City as assurance that the work will be designed and completed. The existing LOC was established for a one year period beginning January 7, 1998, and requires 60 days notice in order to avoid an automatic renewal. Sixty days would mean Nlovember 7, 1997, and though that is some time away, we would like to get together and discuss likely scenarios for the improvements so that Overlook Farm Inc. can plan accordingly. We would appreciate the opportunity to get together with appropriate City staff to discuss options and alternatives for the Prospect Road/Frontage Road improvements relating to Interstate Lands 1 st Filing. Please let me know when might be a good time. Sincerely, The Sear -Brown Group Robert Hume, P.E. Project Manager cc: Sheri Wamhoff Stan Whitaker NEW YORK• PENNSYLVA.NIA COLORADO • !JI:A. Fi STANDARDS IN EXCELLENCE ECUA,L OPPORTUNITY EMPLOYER September 30, 1996 Mike Herzig City of Fort Collins Engineering Department P.O. Box 580 Fort Collins, CO 80522 Dear Mike; cou�p@p@ urban design, inc. 3555 stanford road, suite 105 fort collins, colorado 80525 (970)226-4074 FAX (970) 226-4196 This letter represents a request that you accept the mylars and begin drafting the Development Agreement for Interstate Land First Filing PUD -Harley Davidson, while we reach a fair resolution to questions regarding the extent of left turn lane improvements at the Prospect Road Frontage Road intersection that should be required of the developer. Because, in the past, City Staff has indicated that it is not the City's position to, "have new development make infrastructure improvements that should have been the responsibility of existing development," we feel that there are three reasonable choices: 1 . Remain consistent with past City procedures, and do not require the turn lane with this filing of Interstate Land. The Street Oversizing fees collected from the subject development can be used for future improvements, including the left turn lane. 2. Build the turn lane to City design standards with the subject development paying for only its proportionate share. 3. Allow the developer to install a "temporary" left turn lane that has been suggested by the applicant. We are now asking that the City Engineer make a determination regarding this left turn lane. We think it is unlikely that the resolution of the turn lane will affect the on -site development or provisions of the Development Agreement. We would suggest that clarification of the ownership and maintenance of Tract A of this development should be included in the Development Agreement rather than on the Plat as requested by Sheri. Tract A may at some time become the property of Natural Resources or some other open space management entity; and it is not appropriate to place notes on the filing plat that could preclude or complicate acquisition of the flood plain. Please call if you need further information. Sincerely, Eldon Ward, President Cityscape Urban Design, Inc. September 30, 1996 Gary Diede City of Fort Collins Engineering Department P.O. Box 580 Fort Collins, CO 80522 Dear Gary; coM@@ o urban design, inc. 3555 stanford road, suite 105 fort collins, colorado 80525 (970)226-4074 FAX (970) 226-4196 For some time we have been trying to reach a fair resolution to questions regarding the extent of improvements at the Prospect Road Frontage Road intersection that should be required of the developer of Interstate Land First Filing PUD - Harley Davidson. The central question regards a left turn lane for traffic on east bound Prospect turning north onto the Frontage Road. The need for this turn lane is generated by existing traffic, not Interstate land First Filing. Because the subject development will increase the left turns at this location by less than 20%, Tess Jones of CDOT has indicated that the State would not require the developer to install l the left turn bay if it was a CDOT decision. In the past, City Staff has indicated that it is not the City's position to, "have new development make infrastructure improvements that should have been the responsibility of existing development." We feel that there are three reasonable choices regarding this turn lane: Remain consistent with past City procedures, and do not require the turn lane with this filing of Interstate Land. The Street Oversizing fees collected from the subject development can be used for future improvements, including the left turn lane. Build the turn lane to City design standards with the subject development paying for only its proportionate share. Allow the developer to install a "temporary" left turn lane that has been suggested by the applicant. This "Temporary" lane fulfills the PUD requirement without violating the standard that the City may not require improvements of a development if the need for those improvements is not a result of that development. Both Matt Delich and Tess Jones have indicated that the "Temporary" turn lane - although not meeting normal design standards - would result in an improvement in the existing situation. Sheri Wamhoff has indicated in a September 17, 1996 letter that only full improvements, paid for entirely by the developer, are acceptable. Sheri states that she is taking this position because, "The Final PUD for this project was approved with the condition that (these) improvements be done..." There was no such condition of approval of the Interstate Land First Filing PUD - Harley Davidson PUD. A note was added at City Staff's request to the Interstate Land First Filing PUD - Harley Davidson Site Plan. The note states that "Additional turn lanes (as described in the Traffic Impact Analysis for this final PUD) will be included in the civil plans and development agreement for this project, and will be constructed with this development." It was the intent of that note that turn lanes needed as a result of the subject development would be provided. The Traffic Impact Analysis describes Qom@@ o urban design, inc. the auxiliary lanes required by State Highway Code Access Criteria, but does not distinguish between auxiliary lanes that are needed now and lanes that would be needed as a result of the proposed development. Tess Jones of CDOT indicated at our meeting of August 20th that - due to the minimal number of left turns generated by the proposed development - the east- bound left turn lane from Prospect onto the Frontage Road would not be required using State Highway criteria. The note in question can certainly be clarified administratively; there is no legitimate reason to take this clarification back to the Planning and Zoning Board as an amended PUD, as suggested by Sheri in her letter. We are now asking that the City Engineer make a determination regarding construction requirements of Interstate Land First Filing PUD - Harley Davidson regarding this left turn lane. As we have indicated previously, the applicant realizes that additional lanes and an expansion of the Boxelder Creek structure will be needed on Prospect with future development in the area; and would like to pursue a coordinated, equitable approach to these improvements with the affected departments of the City, CSU, and CDOT. We appreciate your assistance in this project. Please call if you need further information, and let us know your decision regarding the immediate requirements of this development, as soon as possible. Sincerely, �j�j4 r/(�"— Eldon Ward, President \ Cityscape Urban Design, Inc. cc: Stan Whitaker, LGT John Cockson, John's Harley Davidson Randy Demario, Heath Construction Bill Taylor, RBD, Inc. Matt Delich Tess Jones, CDOT Lucia Liley, March & Myatt City Staff: Mitch Haas, Planning Sheri Wamhoff, Mike Herzig, and Matt Baker, Engineering Eric Bracke, Traffic John Duval, City Attorney Transpc,__ation Services Engineering Department City of Fort Collins September 17, 1996 Mr. Eldon Ward Cityscape Urban Design Inc. 3555 Stanford Road, Suite 105 Fort Collins, Co 80525 RE: Interstate Land PUD, First Filing - Prospect Road Improvements Dear Eldon: I received your letter, dated September 10, 1996, on your position in regards to the Prospect and Frontage Road intersection improvements and your proposal to provide no east bound left turn lane unless the City was willing to accept the `Temporary' left turn lane proposal. As I stated in the letter to Bill Taylor at REID Inc., dated September 7, 1996, the City position on this matter is that the east bound left turn lane needs to be built in accordance with standards and in accordance with the criteria stated in my letter. The interim improvement will not function safely. The situation requires the full left turn improvements be done or no left turn provided. The Final PUD for this project was approved with the condition that improvements be done at this intersection "as described in the traffic impact analysis for this Final PUD". This was stated it the staff memo for this project and in a note placed on the Site Plan, both of which were approved at the June 10, 1996 Planning and Zoning Board hearing. The traffic study states "based on the State Highway Access Code criteria, a westbound right -turn auxiliary lane and an eastbound left - turn auxiliary lane are required on Prospect Road at the Frontage Road intersection". Based on this and as was stated in the letter dated September 7, 1996 if the Developer/ Applicant desires to make no left turn improvements they have the option to take this decision back to the Planning and Zoning Board as an Amended PUD for their approval. In your letter you also wished to confirm that the Plat, PUD Plans and Development Agreement for this project could be completed and on -site construction begun prior to the design completion and City review of the Prospect and Frontage Road intersection improvements. It was discussed by us at the September 20, 1996 meeting that it might be possible for the Interstate Land PUD project to proceed with the intersection improvements being tied to any certificate of occupancy on the site, but without an agreed upon design for the intersection the City will not sign -off on the plans and file the PUD documents. We will continue to review plans for this project as they are submitted, but will riot accept mylars for this project until their is an agreement on what 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 improvements will be done at the intersection. Please let us know of your intentions with this project and if you would like to take an alternative proposal to the Planning and Zoning board so a hearing date can be scheduled. If you have any questions regarding this, please contact Sheri Wamhoff at (303) 221-6750. Sincerely, u Sheri Wamhoff Development Engineer attachment: Letter from Cityscape dated September 10, 1996 cc: Bill Taylor, RBD Inc. Eric Bracke, Traffic Operations Dept. Bob Blanchard, Current Planning Dept, Gary Diede, Transportation Services Mitch Haas, Current Planning Dept. Mike Herzig, Engineering Dept. Matt Baker, Engineering Dept. Glen Schlueter, Stormwater Dept. Interstate Land PUD, First Filing FILE Transpo. -tion Services Engineering Department City of Fort Collins September 7, 1996 Mr. Bill Taylor RBD Inc. 209 S- Meldrum Street Fort Collins, Co 80521 RE: Interstate Land PUD - Prospect Road Improvements Dear Bill: Based on several meetings held to discuss the extent of the improvements required at the Prospect Road and Frontage Road the Temporary Improvements proposed are not adequate and are not acceptable for the improvements necessary and required at this intersection. Improvements to Prospect Road must be designed to meet the following criteria: The East bound left turn lane shall be: - designed to provide storage for the total number of vehicles turning left as indicated in the traffic study. - designed for 50 mph (as per arterial standards and the posted speed). Attached is a copy of acceptable design standards. - 12 feet in width for the entire length of the turn lane. The bridge/box culvert over Box Elder Creek can be designed to accommodate a flow of 30 cfs with extensions of the existing box culvert. The west bound left turn lane shall be built also as it is an unsafe condition as shown in your Temporary Improvement Plan to offset left turn moves. The City will not participate in the cost of any improvements at this intersection. If you do not wish to comply with these requirements then an alternative proposal can be taken to the Planning and Zoning Board for their review. Please let us know if you would like to do this so a hearing date can be set. If you have any questions regarding this, please contact Sheri Wamhoff at (303) 221-6750. Sincerely, / r Sheri Wamhoff Development Engineer cc: Eldon Ward, City Scape Eric Bracke, Traffic Operations Dept. Bob Blanchard, Current Planning Dept. Gary Diede, Transportation Services Mitch Haas, Current Planning Dept. Mike Herzig, Engineering Dept, Matt Baker, Engineering Dept. Glen Schlueter, Stormwater Dept. Interstate Land PUD, First Filing FILE 281 North College Avenue • P.O. Box 590 • Fort Collins, CO 80522-0580 • (970) 221-6605 cEY7@ o urban design, inc. INTERSTATE LAND PRELIMINARY PUD Statement of Planning Objectives August 21, 1995 The /NTERSTATELAND PUD is planned as the initial component of an important entry into Fort Collins at the Prospect Road / 1-25 interchange, as envisioned in the Prospect Road Streetscape Program. The proposed plan extends the highway oriented business development that exists to the north along the 1-25 Frontage Road; but in a more cohesively planned manner with extensive landscaping, consistent signage, controlled architecture, and coordinated vehicular, bike, and pedestrian access. This phase of Interstate Land - proposed as 25.6 ± acres of mixed Business Service and Auto Related uses - is in keeping with adopted City Policies (including 20, 21, 59, 60, 68, 69, and 74), and the goals established for the Prospect Road Corridor. These include encouraging the development of a well planned Business Park with integrated office, lodging, and business service users; and promoting efficient utilization of the existing and proposed street and utility systems. Construction is anticipated to begin in 1996. 500 to 750 people are projected to be employed in this development. E THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY RBD, INC. 209 SOUTH MELDRUM FORT COLLINS, COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 June 23, 1997 Dave Stringer City of Fort Collins - Planning Department 281 N. College Avenue Fort Collins, CO 80524 RE: Interstate Lands 1 st Filing Intersection Improvements Dear Dave: The purpose of this letter is to request clarification relating to requirements of the Development Agreement for the above referenced property, commonly referred to as John's Harley Davidson. BACKGROUND The final Development Agreement, dated December 10, 1996 (copy attached), contained a Special Condition pertaining to Streets (Section II, D) . Item 2 of that section required the developer (RCK, LLC) to design and construct turn lanes at the intersection of the West I-25 Frontage Road and Prospect Road. As an alternative to the actual construction, the agreement outlined an option for the developer to postpone the design and construction through the escrow of appropriate funds to cover the estimated costs plus contingencies. Because of the design complexities associated with the identified turn lane improvements, the developer opted to escrow the funds to facilitate the timely completion of John's Harley Davidson. DESIGN ISSUES The design of the required turn lanes includes an eastbound left turn lane at the West I-25 Frontage Road. The required design storage, taper and transition lengths extend the limits of proposed roadway widening westward approximately 600' from the roadways' point of intersection. This area of proposed widening includes the existing Prospect Street Bridge over Boxelder Creek. Through the course of preliminary design, the engineer (The Sear -Brown Group) worked with the City and County to identify and obtain available records for the existing structure. The County had the only available drawings for the structure, and they represented a single sheet depiction of a bridge widening dating to the late 1960's. Ensuing discussions with the County dated the original structure back to approximately the 1930's, and raised questions as to the structural integrity of the bridge. Sear -Brown conducted a field reconnaissance of the existing bridge including photographs, and forwarded the collected information to the City for further investigation. Based on our NEW YORK• PENNSYLVANI.A COLORADO•UTAH STANDARDS IN EXCELLENCE EQUAL OPPORTUNITY EMPLOYER Dave Stringer June 23, 1997 Page 2 understanding of the preliminary results of that structural investigation (discussions with Sheri), it appears that deficiencies were identified which would affect the design of any proposed widening. SUMMARY The developer would like to expedite the design and construction of the identified turn lanes in order to complete his/her obligation under the Development Agreement, and release the established escrow finds. Detail design of the portion of Prospect Street west of the intersection with the West I-25 Frontage Road depends upon an engineering determination of the preferred City treatment alternative for the existing bridge, and the development of a schedule for the City's design and construction of those repairs. At your earliest convenience, we would like to be able to re-formulate our proposed design and construction schedule to coincide with the earliest practical completion of the bridge improvements, or discuss altematives relating to the continuation of escrowed funds for the future design and construction of the turn lanes. The developer does not want to risk losing the established escrow funds, and wants to ensure that design efforts for the improvements are consistent with The City's preferences. I would be happy to schedule a meeting to discuss the key issues. Also, if appropriate, I would like to get a copy of the recent Boxelder Bridge structural evaluation. Sincerely, The Sear -Brown Group Robert Hume, P.E. Project Manager Enclosure cc: Sheri Wamhoff Stan Whitaker Transport..ion Services Engineering Department City of Fort Collins March 20, 1997 Ms. Tess Jones State of Colorado Department of Transportation 1420 2nd Street Greeley, Colorado 80632-0850 RE: Access permit for Interstate Land PUD, I st filing - Harley Davidson Dear Tess: Attached are the applications and State Highway Access Permits for two access points for the Interstate Land PUD, 1 st filing. These are two new access points located on the Frontage Road for 1-25 (west side) approximately 2,000 and 2,500 feet North of County Road 44 on the West side. The new access points will provide access to a 18,880 square foot Motorcycle Dealership and a 7,340 square foot Retail Building. These accesses are to be constructed as shown on the plans (Exhibit `B"). The pavement on the Frontage Road along this project will be widened to provide a center left turn lane along the property, and a 6 (six) foot paved shoulder on each side that will serve as bike lanes. The edge of the road adjacent to this development will have curb, gutter and sidewalk along the limits of the property The southeastern edge of the road which runs adjacent to Interstate 25 will not have curb, gutter and walk. Improvements to the Prospect Road and Frontage Road intersection necessitated by this project are not to be done at this time Per the Development agreement dated December 1 Oth 1996 on file with the City Section II.D paragraphs 2. and 3. state the following: "2. The Developer is obligated for the design and construction of the west -bound right turn lane, southbound right turn lane, and east -bound left turn lane at the Frontage Road and Prospect Road intersection. The design, construction and City approval and acceptance of these improvements shall be completed prior to the issuance of any building permit for this development. Notwithstanding the foregoing, the Developer shall have the option to postpone the design and construction of the above described improvements, following the escrow of funds to be deposited with the City in the form of cash, bond, nonexpiring letter of credit or other form of City approved security suffigient to guarantee completion of said design and construction. The amount of said funds sha `be the y> estimated cost to design and construct said improvements, which estimate shall be prepared b C 9, EXHIBIT C�'� 281 Nor(h College Ax enuc • PC). Box S80 • Fort Collins, CC) 80522-0580 • (970) 21-o605 Developer and approved by the City, plus $100,000 to cover any contingencies and unexpected costs. Said amount shall be deposited with the City prior to the issuance of any building permit for this development. 3. The design of the Frontage Road and Prospect Road intersection must be sufficiently completed so the City can determine if any rights -of -way or easements are needed for the construction of these improvements and such rights -of -way and easements must be provided to the City prior to the issuance of any certificate of occupancy for this development." The Developer taken the option of placing a non expiring letter of credit with the City. The estimate for the work to be done was reviewed by the City and a non expiring letter of credit in the amount of $ 508,000 was accepted. As stated in the above paragraph, the design for this work will need to be completed prior to the issuance of any certificate of occupancy for the site, thus allowing the City if necessary to have the improvements built using the letter of credit. The City of Fort Collins and Colorado State University are looking at developing a Nature Center and a Welcome Center on property southwest of the intersection in question. It is anticipated that the improvements to the intersection will be completed at the time that is developed as it will be beneficial to both parties to share in the improvement costs. Also included as a part of the permit is attachment "M which is an analysis for the modifications to the guardrail that runs along the western edge of the frontage at the north end of the property. If you have any questions regarding this, please contact me at (303) 221-6750. Sincerely, �XiLt Sheri Wamhoff Development Engineer EXHIBIT C THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY RBD, INC. 209SOH "I'll MF DRUM I OKT C0 1,LINS, COI.ORADO 80521-2003 970-482-5922 FAX 970-482-6368 March 17, 1997 Sherrie Wamhoff Community Planning & Environmental Services City of Fort Collins 281 North College Avenue Fort Collins, CO 80524 RE: Larimer County, 1-25 WFR-North of Prospect Interstate Land P.U.D., Lots 7 & 8, MP 268 Guardrail Changes Fort Collins Dear Sherrie: This letter is to accompany the revision to sheet 8 of 12 for the Interstate Land P.U.D., First Filing (a.k.a. Harley Davidson). The guardrail immediately north of the proposed access for the Harley Davidson site is to be relocated and portions of that rail removed to lengthen the rail to an effective length of 75 feet south of the headwall. The rail will be shifted to the west thus increasing the distance from the northbound through -lane to the face of the rail. The skew of the concrete box culvert (CBC),the length and alignment of the wingwall, and the curvature of the frontage road result in an unusual condition for analyzing guardrail needs. Since the frontage road curves away from the structure and an errant vehicle would likely travel toward the Interstate rather than toward the structure and ditch, clear -zone protection is of less concern. The posted speed limit of 30 mph, low traffic volumes, and flat side slopes were considered in analysis of protection for the ditch. `" c used the Roadside Dcsigr: Guide cruel is Lu analyze guardrail need. We propose to instail a 37.5 foot length of tangent rail and a 37.5 foot length of flair, resulting in 75 feet of rail south of the headwall. That is the minimum length of rail required for two-way traffic identified by M&S Standard M-606-1, Sheet 12 of 12, Standard Plans, Colorado Department of Transportation. Please contact me with any questions regarding this revision. Sincerely, 4Perryabotngineer cc: 247-01 HA) Correspondence P,I ';. i.I -I'I P. . 1l -. � , , , I ,-M STANDARDS IN EXCELLENCE THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY RBD, INC. 209 SOUTI I .MI(LDRUM FORT COI.I.INS, COLORADO 80521-2003 970-482-5922 FAX: 970-482-6368 January 28, 1997 Sheri Wamhoff City of Fort Collins, Engineering Department 281 North College Avenue Fort Collins, CO 80522 RE: Interstate Land First Filing - Harley Davidson Dear Sheri: In response to your request for a guardrail analysis for the above referenced project, I have searched the file and found no such analysis by the previous project manager but have the following thoughts to offer: Based on the distance from the end of the wing wall to the edge of the travel lane the required length of guardrail should be 75' ( per CDOT M-606-1). The guardrail as designed appears to be inadequate in length. City staff comments dated 11 November, 1995 required the guardrail to be "removed" from the street which conflicts with CDOT's requirement for a guardrail. If the city wishes the guardrail to be extended per CDOT design requirements we will gladly revise the design to accommodate this request. I do ask however, that you discuss the matter with Tess Jones at CDOT to insure the new length is acceptable with her and the City. Please contact me when a decision has been reached so that I can revise the plan as necessary. Sincerely, The SEAR -BROWN Group Bill Taylor Enclosure cc: Randy Demario, R.C. Heath Stan Whitaker, LGT NI •I'I 11 '-,I � STANDARDS IN EXCELLENCE Transp, ation Services Engineering Department City of Fort Collins October 1, 1996 Eldon Ward, President Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 RE: Interstate Land First Filing PUD - Prospect Road - Frontage Road Improvements Dear Eldon: This letter is in response to your letter dated September 30, 1996, regarding the above titled development project. You asked that we accept the mylars and begin drafting the development agreement, while we reach a fair solution to the issues over the Prospect Road- Frontage Road intersection issues. On many projects where offsite improvements are required, we have deferred the completion of design and construction of those improvements until a later time. This is done where all of the major issues are resolved, and all that is left to do are the routine tasks. This project does not have all of its major issues resolved. The issue unresolved is the level of improvement needed in the Prospect Road - Frontage Road intersection. I understand your appeal for fairness on this issue. We are dealing with a requirement of the Planning and Zoning Board that requires improvements to the intersection. It is our finding that the improvements needed to satisfy the Board's requirement are more extensive than you believe is fair. I do not disagree with you. But the Board set the requirements. You have proposed lesser improvements, that you call interim improvements, that would cost less to construct. The finding of the City Traffic Operations Engineer and this department is that those lesser improvements would not function safely. Our further finding is that either the full improvements must be made or no improvements at all. However, we are not in a position to waive those improvements. Since the intersection improvements were a specific requirement of the Board, they must be asked to waive them. The conditional approval of this development granted you the right to go back to the Board for their resolution of issues such as this. As we did at the Planning and Zoning Board hearing, we would support your request for the Board to waive the requirement for the Prospect Road - Frontage Road intersection construction with this filing. Since you have developed designs that help to confirm a high cost of the improvements, you could add a cost hardship to your request. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 This issue is too big for us to allow the project to proceed without its resolution. The costs are major. However, if the developer agrees to designing and constructing the full intersection improvements as the City currently requires and be willing to post a cash guarantee that the improvements will be completed at the developer's expense, we could proceed to draft the development agreement on that basis and approve those plan sheets necessary for the project to begin. The development agreement can be amended to drop the intersection improvements and release the cash guarantee, if the Board grants a waiver to their requirement. In your letter you also asked that clarification of ownership and maintenance of Tract A be put in the development agreement rather than on the plat. It is our practice to require these statements on the plat because; the plat is the most permanent document. The development agreements essentially have a short term life during the construction of the public improvements. In addition, the plat is the document most likely to be read during property transactions, and the development agreement does not get filed at the County. The development agreement is more of a public improvement agreement, and items not related to the public improvements could get lost. This is why we require this information on the plat. It should not cause a problem for the City if it were to purchase Tract A in the future. The purpose is to clarify ownership for the County Assessor and to state specifically that the City is not the party to maintain the property. If you have another proposal we are open to consider it. Let me know if you have any further questions. Sincerely Mike Herzig Development Engineering Manager CC' Sheri Wamhoff Mitch Haas Eric Bracke Bob Blanchard Ron Phillips Gary Diede Greg Byrne