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HomeMy WebLinkAboutVILLAGES AT HARMONY WEST PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-08-16City Att( --v t - Citv of Fort Collins M E M O R A N D U M DATE: June 5, 1991 TO: Matt Baker, SID Coordinator Susan Hayes, Civil Engineer II Mike Herzig, Development Engineering Manager Mark Taylor, Civil Engineer II FROM: W. Paul Eckman, Deputy City Attorney JON Enn;nle('frin Dept. RE: Reimbursement Request/Harmony Village Joint Venture You will recall that on April 18, 1991, I forwarded a letter to Michael C. Emo responding to his earlier letter to Steve Burkett. My response attempted to incorporate all of your various comments regarding his demand letter. On June 3, 1991, I received a letter from Mr. Emo dated May 28, 1991, responding to my letter to him. A copy is attached. I would ask that you take a look at his new letter, see if there are any valid points that he raises as far as your various departments are concerned and respond back to me. He has indicated that he will provide us with the documentation that we requested and, accordingly, before we respond to him, we will wait to receive that documentation. Please let me know your thoughts. WPE:whm Attachment ;oi I j1',,Tt(-AccnLw • f' 0 B0v ;80 • Fort Collins. CO 80522-0;80 • ('103) 221-6820 DATE: November 10, 1993 TO: Paul Eckman, Deputy City Attorney FROM: Matt Baker, Engineering �'./ RE: Street Oversizing Reimbursement for Harmony Village I have recently received two requests for street oversizing reimbursement from Equity Builders representing Mr. M.C. Emo. As you are aware, Harmony Village Joint Venture included Mr. Emo and Bob Peterson as partners. Mr. Emo has received a monetary judgement against his former partner, Mr. Peterson, which he claims is on file in the City Attorney's office. I had originally budgeted this reimbursement in 1984 when the project was under construction. However, the project was never completed and no request for reimbursement was filed. I kept the budgeted payment "on the books" for a few years, until the revisions to the Street Oversizing Ordinance in 1988. I do not contest the fact that the City has an oversizing obligation in this development, however, I would like to be sure the payment is made to the correct party in this matter. There are Two reimbursements for street oversizing funds requested. The first request is for Regency Drive at Belair PUD. There was Approximately 530 feet of Collector street constructed from Harmony Road north to Hilburn Drive. Although I made some minor adjustments to the calculations, the request for $35,910 in Oversizing Funds has been substantiated with adequate documentation. The second request for reimbursement is for improvements to Shields Street at Pineview PUD. There was 1327 feet of Shields Street constructed with Pineview PUD. Again, I made some minor adjustments to the calculations. Harmony Village Joint Venture was unable to find records indicating prices or actual payments for this work. Support for this payment is from bid prices for other work performed around this time. Although I am comfortable with the estimate, there is no way to prove costs of construction on this reimbursement. The requested reimbursement is for $114,978. In our previous discussions on this matter, you asked that send you a memo outlining my concerns with this reimbursement. My first concern is the amount of time that has passed since the construction. The revisions to the Street Oversizing ordinance in 1988 added a clause that any reimbursements for previous work that were not claimed by August 1988, were forfeit. I understand that this partnership has been in court for several years. Maybe this circumstance is reason enough for us to consider a reimbursement request nine years after construction of the improvements. My second concern is that any reimbursement be given to the correct party. Since the default of the Harmony Village Joint Venture, several other interests in the property have emerged, including Home Federal Savings (now Key Bank) and Craig Platt. In fact most of the property once owned by Harmony Village Joint Venture has been sold off. I also understand there is an agreement between these parties regarding any reimbursement and how it is to be distributed. In this area, I need your guidance as to the correct party to reimburse. If you could verify Mr. Emo's claim to this reimbursement, I will initiate the payments. PO BOX 18 CALIMESA, CA 92320 (909) 421-8443 September 30, 1993 Matt J. Baker City of Fort Collins Engineering Department 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6605 *HAND DELIVERED Re: Oversizing Regency Dr. & Seneca St. at Belair P.U.D. Dear Matt, Thank you for your help the other day concerning these street oversizing reimbursements. We appreciate your willingness to work with us and waive the time limits on applying for these reimbursements in view of the foreclosure and other difficulties involved. Enclosed please find a summary and breakdown of the oversizing work I performed at Belair and the corresponding evidence. If you have an questions, please give me a call @ 800 477-9814. ZB Schubert - GENERAL CONTRACTORS 0 BUILDING YOU EQUITY SINCE'77 —L'_ No aaonn PO BOX 18 CALIMESA, CA 92320 (800) 477-9814 October 18, 1993 Matt J. Baker City of Fort Collins Engineering Department 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6605 *HAND DELIVERED Re: Oversizing Reimbursement for Shields Street at Pineview. Dear Matt, Enclosed please find my summary, breakdown, and supporting evidence for the oversizing of Shields Street performed by Bob Peterson at Pineview P.U.D. I've put together the best supporting evidence available, including a Pineview contractors payment voucher, several invoices, bids and contracts for this type of work from that time period, and a current bid from Western Mobile, the successor to Stirling Paving which actually did the work for Bob Peterson. As I believe you know, our claim to these funds is through our Judgment against Mr. Peterson, (our former Managing General Partner), on file with the City Attorney, which as of October 1, was in excess of $520,000. Please make all reimbursements for Pineview payable only to: Harmony Village Joint Venture c/o M.C. Emo, C.P.A. 556 N. Diamond Bar Blvd., Ste. 307 Diamond Bar, CA 91765 If you have any e ions, please give me a call @ 800 477-9814. ZB Schubert` GENERAL CONTRACTORS • BUILDING YOU EQUITY SINCE'77 i C N D3C4F'