HomeMy WebLinkAbout1640 Kirkwood Dr - Correspondence/Contracts - 01/30/1987A G R E E M E N T
This Agref e t is made and entered into this � day of
by and between the City of Fort Collins, Colorado,
hereinafter referred to as the "City", and z-0)1C3 P6HSi
hereinafter referred to as the "Builder".
WHEREAS, the builder is desirous of constructing within the City of
Fort Collins, Colorado a residential building containing seven or more
residential units, and
WHEREAS, the Builder has obtained a permit for the construction of said
facility which requires that the Builder comply with all City ordinances
and State laws regulating building construction, and
WHEREAS, pursuant to Section 38-2(C) of the Code of the City of Fort
Collins, said building or structure may not be used or occupied prior to
the issuance of a Certificate of Occupancy from the City, and
WHEREAS, C.R.S. 9-5-112 requires that, before any 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 of the municipality where said project is to be located
pertaining to the construction of a certain number of units in said project
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 fcr
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. Responsibilities of the Builder. 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 No. A1.17.1-1980.
2. Responsibilities of the City. The City, through its Office of
Building Inspection, hereby agrees to inspect the building or structure to
be constructed by the Builder pursuant to the issuance of a building permit
with regard to the Builder's compliance with the above mentioned standard
pertaining to accessibility and adaptability for the handicapped. The
Builder acknowledges and agrees that a Certificate of occupancy may be
withheld by the City pending compliance with the aforementioned standards
by the Builder.
3. Independent Contractor. The parties understand and agree that in
executing the obligations under the terms and conditions of this Agreement.,
the Builder is acting as an independent contractor and not as an agent or
employee of the City.
4. Indemnification. The Builder assumes liability for compliance with
the above mentioned standards pertaining to accessibility and adaptability
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 any 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.
S. Binding Effect. This Agreement shall be binding upon the City and
the Builder and the successors, assigns and heirs of each respectively.
IN WITNESS WHEREOF, this Agreement has been executed the day and year
first above written.
CIT0,F FORT COLLINS
BY;
ATTEST:City Manager
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City Clerk
APPROVED AS .T/O- FORM:
Assistant City Attorney
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Builder
Project Name
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