HomeMy WebLinkAboutHICKORY HILL VILLAGE AT CUNNINGHAM CORNER PUD - Filed OA-OTHER AGREEMENTS - 2003-11-20Hick y Hill Village PUD
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A G R E E M E N T
:his Agreement is made and and entered into his
of 19`3L, by and between t`.:e C. -
Corr dt hereinaf e- red t _y :f :ort �_.,-,5,
hereinafter refer o as t'e C_ v
'r �R-_�, hereinafter referred to as ^.e 3ui'_der
WHEREAS, the Builder is desirous n7-__
City of Fort Collins, Colorado a res.d_ntisi
containing 12._ or more residential units, and
WHEREAS, the Builder has obtained a permit for the
construction of said facility which reccires that the Bui1 er
comply with all City ordinances and S t a t q laws re-u1'
building construction, and
WHEREAS, pursuant to Section 38-2(C) of the Code of .te
City of Fort Collins, said building or structure may r,ot
used or occupied prior to the issuance of a Certi_`icata o
Occupancy from the City, and
WHEP.EAS, C.R.S. 9-5-112 requires that, before anv
construction of a residential building project may be started,
which project includes seven or more residential units, a
contract shall be entered into with the governing body oh. f te
municipality where said project is to be located pertaining to
the construction of a certain number of units in said protect
to be made accessible and adaptable for the handicapped and to
conform to certain standards, and
WHEREAS, pursuant to C.R.S. 9-5-110, the City is
responsible for enforcing said statutory requirements and
standards,
NOW THEREFORE, in consideration of the issuance of the
aforementioned building permit and the subsequent issuance of
a Certificate of Occupancy to the Builder and in further
consideration of the mutual exchange of promises between the
parties contained herein and other good and valuable
consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Resoonsibilities of the Builde, The Builder hereby
guarantees to the governing body of the City that the specific
number of residential units for the handicapped as required in
C.R.S. 9-5-111 shall be constructed in such a manner as to be
easily accessible and adaptable for the handicapped and that
said accessible and adaptable units will be constructed so as
to substantially comply with the standards promulgated by the
American National Standard Institute, Pamphlet #A117.1-1980.
2. Responsibilities of the City. The City, throuch its
Office of Building Inspecticn, hereby agrees to inspect the
building or structure to be constructed by the Builder pursuant
to the issuance cf a building permit with regard to the
Builder's compliance with the above ma., __ s t a n d 3 r d
pertaining to accessibility and adaptability for the
handicapped. The Builder acknowledges and 3^rees that a
Certificate of Occupancy may be withheld by t.`rJ City pending
compliance with the aforementioned standards by e Builder.
3. Indeo_endent Contractor. The parties understand and
agree that in executing the obligations under the terns and
conditions of this Acreement, the Builder is acting as an
independent contractor and not as an agent or employee of the
City.
4. Indemnif_catio^. The Builder assumes liability for
Qom? li ante with the move mentioned standards pertainin-- to
accessibility and ada?tabil'_ty for the handicapped and ~does
hereby agree to indemnify, protect, save and keep harmless the
City, its agents and servants and any assigns of the City, from
and against any and all losses, damages, injuries, claims,
demands and expenses on account of, arising from or in anv
relating to the Builder's failure to comply with said standards
in the construction of the building or structure to be
inspected by the City under the terms of this Agreement.
5. Binding Effect. This Agreement shall be binding upon
the City and the Builder and the successors, assigns and Fe.Irs
of each respectively.
IN WITNESS WHEREOF, this Agreement has been executed the
day and year first above written.
CIOF FORT COL T-"::
B Y : VV�-Ep�-� V
City Manager
ATTEST:-�\ �i "- -
City Clerk
APPPROVED".;AS TO FORM:
Assistant City Attorney
Shields Street Corporation
y Builder
BY:
Thomas R. Sibbald
Vice President