HomeMy WebLinkAboutFRONT RANGE BAPTIST CHURCH & ACADEMY - FDP - 2-05B - CORRESPONDENCE - LEGAL COMMUNICATION (3)06/16/2006 16:33 970-4i 598
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FRONT RANG
BAPTIST ACADE
May 26, 2006
Douglas D. Konkei, Attorney
1405 South College Avenue
Fort Collins, CO $0524
RE: Facility Usage Information You Requested
To Whom It May Concern:
RECEIVED
MAY 3 0 ZOOS
The facility located at 625 E. Harmony Road is shared by Front Range Baptist Academy and
Front Range Baptist Church. Calculations have been made to determine the percentage of usage
each entity has for the facility. These calculations are based on a person per hour measurement
and show that the church usage of the facility is 18.501a and the school usage of the facility is
91.5%.
The calculations use recorded attendance figures from the church and school, regular weekly
schedule, and the number of weeks a year each entity uses the facility. The formulas and
calculations are as follows:
Church Usage:
244 avg. service attendance x 4 hours per week x 52 weeks - 50,752 person hrslyear
School Usage:
155 Students/Faculty/Staff x 40 hours per week x 36 weeks a 223,200 person bra/year
Total Usage:
Church, 50,752 person hra/yr + School, 223.200 person hrs/yr - 273052 person hrslyear
Using these calculations, it has been determined that the church$9 usage is 18.5% (50,752 r
273,952 - 0.1852587) and the school's usage is 81.5"% (223,200 + 273,952 = 0.9147412).
Sincerely,
ason Coppola
Administrator
cc: Jeff Redlin
Building Committee
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• 06/16/2006 16:33
970-4`_ 598
MOh6EL LAW OFFIC.
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In your letter you make reference to the Access Control Plan. You also
prevlousy Indicated that CDOT had abandoned Harmony. When did the
abandonment occuR Please provide me wlth the ordinance adopted by the City of
Fort Collins following the abandonment Does the existing access violate the current
Access Control Plan in your opinion? If so, in what respect?
My clients would like to proceed as soon as possible to execute the
Development Agreement. Further delays will cause further damage.
Sincerely,
Douglas D. Konkel
DDKfjsk
Enclosure
W. Front Range Baptist Church
.06/16/2006 16:33
970-4'_ AS
�r •
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Paul Eckman
Deputy City Attorney
P.O. Box 580
Fort Collins, CO 80522
The Lew Offlee of
DOuGLAs D. KONIEL.
1405 & College Avenue, Suibo 1
rare COMM Colorado 90524
Phone. (97o) 493-84a4
FOX. (970) 493-s596
June 16, 2008
Re: Front Range Baptist Church
Dear Paul:
In response to your letter of June 14, 2006, please provide me with the current
draft of the Development Agreement which the City is willing to accept.
My clients do not agree with Ted Shepard's method of calculating primary and
secondary uses. Enclosed for your review is a more reasonable approach prepared
by Jamison Coppola. Therefore, it is my opinion and my Client's belief that the entire
Process was unnecessary. It is also my opinion, and my client's, that the terms and
provisions of the proposed Development Agreement contain provisions not
authorized by the Fort Collins Land Use Code. For these reasons, my dent will be
signing under protest, and with a complete reservation of rights.
My clients have requested that the indemnities be limbed to the amount of
insurance maintained by the church. I do not believe the church Can enter into
contracts to Indemnify a municipal corporation against its own Ilabllity. in order to
maintain Its 501(cX3) status, the Agreement will need to be amended.
You will need to delete the provisions from the Indemnity Agreement which
require my client tD agree that the current access Is temporary and that the City can
move it in the ftmlre as it rrhay desire. Firgt, the access Is not temporary. It Is
permanent Furthermore, I do not believe that the City has the right to relocate the
access at its discretion. Therefore, my client will not agree that the City does have
such right. If the City does in fad have the right, it can exercise IL If it has the right, it
should not need rrry Clients consent to Otercise It In other words, if the City of Fort
Collins decides W take property from my client In the future, my client will e)peat full
compensation.