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HomeMy WebLinkAbout706 Frontier Ct - Correspondence/Other - 01/06/1987SAMUEL L.AND£R50N MAYO 50MMERMfYER ROBIN L. WICK TIMOTHY J. DOW KENT N. CAMPBELL JAMES D. BRAMER KATHRYN S. LONOWSKI L.ALLEN WEAVER ANDERSON, SOMMERMEYER, WICK & DOW ATTORNEYS AT LAW #3 CLOCK TOWER SOUARE 323 SOUTH COLLEGE AVENUE P. O. BOX 2166 FORT COLLINS, COLORADO 80522 [3031 462-4011 January 6, 1987 Michael H. Mercer Coordinator of Operations and Maintenance City of Fort Collins Department of Transportation 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 Re: Quaid v. City of Fort Collins, et al. Dear Mick: CHEYENNE OFFICE 2312 CAREY AVENUE CHEYENNE, WYOMING 62001 Thank you for your fine report of December 31. I really appreciate your efforts in reviewing and reporting to me on this case. You may know that we have retained Dick Rutherford as our independent expert engineer in this case, and I will be reviewing your additional comments with him. I will let you know his responses and opinion in due course. You will find enclosed for your information a copy of a recent case which addresses the issue of negligence of a governmental agency for inadequate inspection. This is the case which has generated a great deal of concern among various governmental agencies, liability insurance carriers and their defense counsel. It is also the primary case upon which the other Co -Defendants are going to rely in attempting to assess the City with some responsibility in this matter. (Frederick Moreland v Board of County Commissioners of La Plata County). I appreciate your concern with the fact that the flooding problem still exists even though the Plaintiffs have settled their claims with the Defendants in this case. Incidentally, we haven't yet received the settlement documents so technically the Plaintiffs are still in it. In any event, the Plaintiffs, through negotiations directly with counsel for Wood Bros. and Noah/Luxel Homes, agreed to settle the case -as previously reported. Basically, the Quaids decided to take the cash and run and to either live with the problem or use some of the settlement funds to construct mitigating improvements. There is no requirement that the Plaintiffs do anything in that regard, however. As a part of the settlement, there will be a document prepared and signed by all parties reciting the nature of the problem, which document will be recorded at the Larimer County Clerk and Recorder's office to put any potential purchasers on notice. I basically agree with you that Michael H. Mercer January 6, 1987 Page Two the problem has not really been resolved, but we really weren't included in the final settlement negotiation - we were simply told of it after the settlement had tentatively been reached. We really aren't in a position to object at this point since the claims of the Plaintiffs are what are being settled. Of course, the claims for contribution as among the various Co -Defendants remain. That basically involves the question of relative percentage of responsibility, with the maximum figure set at the amount of the settlement with the Plaintiffs. Please continue with your efforts to complete our responses to the outstanding discovery requests, and contact me when you are ready to review them. Thank you again for all of your help in this case. Yours very truly, ANDERSON, SOMMERMEYER, WICK & DOW Timothy J. Dow TJD:jId Enclosure cc: Steve Roy Linda L. Luce Lynn McConkey Peter Barnes./ SAMUEL L.ANDERSON MAYO SOMMERMEYER ROBIN L.WICK TIMOTHY J. DOW KENT N. CAMPBELL JAMES D. 15RAMER KATHRYN S.LONOWSKI L. ALLEN WEAVER ANDERSON, SOMMERMEYER, WICK & DOW ATTORNEYS AT LAW *3 CLOCK TOWER SOUARE 323 SOUTH COLLEGE AVENUE P. O. BOX 2166 FORT COLLINS, COLORADO 80522 [3031 462-4011 January 9, 1987 Michael H. Mercer Coordinator of Operations and Maintenance City of Fort —Collins Department of Transportation 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 Re: Quaid v. City of Fort Collins, et al. Dear Mick: CHEYENNE OFFICE 2312 CAREY AVENUE CHEYENNE,WYOMING 82001 As a part of your ongoing efforts on this, would you please , let me know whether or not you are aware of any particular established' standards or procedures for inspections by either the Engineering Department or the Planning Department. It is my understanding from reviewing this with Peter Barnes that the only specific quidelines, procedures or standards would be those provided in the Uniform Building Code. If there are any general guidelines or suggested procedures, such as through the Colorado League of Municipalities, for inspections which might pertain to the types of issues involved in this case, would you please let me know. Also, if the Engineering Department has any particular procedures which are followed with regard to inspection of things such as drainage swayles, would you please provide me with that information. Thank you. Yours very truly, ANDERSON, SOMMERMEYER, WICK & DOW Timothy J. Dow TJD:jld cc: Steve Roy Linda Luce - Lynn McConkey Peter Barnes, J7 Michael H. Mercer January 9, 1987 Page Two P.S. Mick, after dictating this letter, I dicussed the situation with Ken Waido of the Planning Department. He suggested that we double check on the F & F inspection to see what transpired there, assuming that occurred. He also said that it was important to note that Woodwest was planned and approved as a subdivision only, and not as a PUD. Ken also suggested that we contact Dave Stringer, the road construction inspector who apparently is in your office, concerning any inspections which might have touched on the installation of the drainage swayle. Would you please check with Dave on this? --Let meknowwhen you all are ready for our next meeting to go over these various things. Thank you. SAMUEL LANDERSON MAYO SOMMERMEYER ROBIN L.WICK TIMOTHY J. OOW KENT N. CAMPBELL JAMES D. SRAMER KATHRYN S. LONOWSKI L. ALLEN WEAVER ANDERSON, SOMMERMEYER, WICK & DOW ATTORNEYS AT LAW #3 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE P. O. BOX 2166 FORT COLLINS, CO LO RADIO 80522 [303] 482-4011 January 12, 1987 Michael H. Mercer Coordinator of Operations and Maintenance City of Fort Collins Department of Transportation 700 wood Street P.O. Box 580 Fort Collins, Colorado 80522 Re: Quaid v. City of Fort Collins, et al. Dear Mick: CHEYENNE OFFICE 2312 CAREY AVENUE CHEYENNE. WYOMING SZOOI Enclosed for your information and possible assistance as a part of your ongoing discovery efforts in this case, please find a copy of the Interrogatories to Noah and Luxel and the Answers to Interrogatories which we just recently received. I would be parti- cularly interested in any actual comments which you might have with respect to the Answers to Nos. 5, 6, 7, 11 and 15. Thank you. Yours very truly, ANDERSON, SOMMERMEYER, WICK & DOW Timothy J. Dow TJD:jld Encls. cc: Linda Luce Steve Roy Peter Barnes P.S. Peter, I would also be interested in any comments or responses which you might have.