HomeMy WebLinkAboutBUILDERS SQUARE AT HARMONY MARKET PUD, 2ND FILING - FINAL - 54-87D - CORRESPONDENCE - LEGAL COMMUNICATION (2) City Alley
City of Fort Collins
MEMORANDUM
DATE: March 28, 1991
TO: Ted Shepard, City Planner e//�/�//
FROM: W. Paul Eckman, Deputy City Attorney Lv""l�
RE: Letter to Gary Crull
Attached is a draft letter which I prepared for your examination as
a possible approach to respond to Mr. Crull's March 21, 1991,
letter to you. I may not have gotten all of the facts correct in
the first paragraph and you should feel free to amend the letter.
At least it gives you an idea of how I would recommend we respond
to this letter.
WPE:meg
Attachment
300 LaPorte Avenue • P. 0. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520
•
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March 29, 1991
Mr. Gary L. Crull
Director of Construction & Maintenance
Builders Square
100 Crossroads Blvd. , Suite 100
San Antonio, TX 78201-6508
Re: Builders Square #1580, Fort Collins, Colorado
Dear Mr. Crull:
I am in receipt of your March 21, 1991 letter regarding the
fence around the detention pond. You are proceeding with the
construction of your Builders Square project pursuant to the
approved plans for the Harmony Market P.U.D. , Filing 2. Those
plans called for a detention pond located upon the property which
was to serve for storm drainage detention and to provide an open
space area to buffer your large building from Oakridge Drive. As
you know, this pond was to serve both the purpose of storm drainage
detention and buffering, and the fencing of the pond will detract
from the ,buffering aspect of its purpose. The City has authorized
and permitted the construction of Builders Square in reliance upon
your compliance with the approved plans and would not have
authorized construction otherwise.
In the unlikely event that an accident should result due to
unrestricted access to a detention pond (as you mention in your
March 21, 1991 letter) the City will not assume liability "arising
out of not fencing the detention pond.. "
Sincerely,
Ted Shepard
City Planner
TS:whm
cc: W. Paul Eckman, Deputy City Attorney
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SAN ANTONIO, TEXAS 78201-6508
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A Subsidiary of AMc�a.-T_ - -
• MAR 2 5 19 91
March 21 , 1991
City of Fort Collins
281 North College Ave.
P O Box 580
Ft . Collins, CO 80522-0580
Attn: Mr . Ted Shepard
RE: BUILDERS SQUARE #1580
FT. COLLINS, CO
Dear Mr . Shepard:
Thank you for your letter dated March 12 , 1991 concerning the fence
around the detention pond. As you noted, "a security fence around
the detention pond in the Harmondy Market P.U.D. is absolutely
unacceptable" , we take this that the city will be liable for any
accident that could result due to unrestricted access to this area.
Should we not hear from you, we will anticipate that the city will
accept all liabilities arising out of not fencing the detention
pond which is our criteria.
If there are any questions, please advise.
4Lll
tor of Construction
and Maintenance
GLC : le
cc: T. Buser/copy
J. Daly/copy
P. Hoffman/copy/Neenan
File/copy