HomeMy WebLinkAbout219934 FOX HILLS HOMEOWNERS - CONTRACT - CONTRACT - 258362005 NATURAL AREAS ENHANCEMENT FUND
CONTRACT
THIS AGREEMENT is made and entered into this sixth (6th) day of December, 2005, by and between
the CITY OF FORT COLLINS, COLORADO, a municipal corporation.0weinafter referred to as "City"), and
,Fox HWY Flomeowners Association (hereinafter referred to as "Contractor").
WHEREAS, it is the objective of the City to conserve the natural environment of Fort Collins for its
wildlife habitat value as a service to the people of Fort Collins; and
WHEREAS, the City's Natural Resources Department has selected the Contractor's project, as described
below, for funding support in accordance with the City's Natural Areas Enhancement Fund guidelines; and
WHEREAS, the City Plan policies adopted by the City Council include Open Lands Policy OL-1.2,
Urban Development, to encourage and assist efforts by private landowners and organizations to protect, restore
or enhance privately owned natural areas with the City's Growth Management Area; and
WHEREAS, the City Plan policies also include Open Lands Policy, OL-1.4, Partnerships, to develop
effective local and regional partnerships with other governmental organizations and the private sector for the
protection and preservation of locally and regionally valued open lands; and
WHEREAS, as a consequence of these policies, it is part of the mission of the City Natural Areas
Program to protect and enhance lands with existing or potential natural areas values; and
WHEREAS, the conservation and restoration of natural areas on non -City owned properties is one
means by which this mission may be accomplished, as described in the Land Conservation and Stewardship
Master Plan approved by the City Council on July 20, 2004, with its adoption of Resolution 092-2004.
NOW, THEREFORE, in consideration of their mutual promises contained herein, the partiesagree as
follows:
1. The Contractor shall perform the.project and use the funds provided under this contract in
accordance, with the Contractor's Proposal, which is attached as Exhibit "A" and ineorporated.herein by this
reference, withthe exception that funds can only be used for the purchase of native plants and seeds,
2. Any modification of the performance of this project from that indicated in the Contractor's Proposal,
must receive prior written approval of the City.
3. For. performance of this project, the Contmctor•shall receive two thousand and nitre hundred dollars
($2, 900.00), which shall be expended by the Contractor by June 15, 2008, in accordance with the Natural Areas
Enhancement Fund Guidelines, which are attached as Exhibit "B" and incorporated herein by this reference.
4. The Contractor shall provide the City with a written evaluation and fiscal report, including copies of
receipts for expenditures with the funds on this project no later than June 15, 2008,
5. The. Contractor ,§Bail aoWowledge receipt'of this City support by including the following statement
in all mateiiais relating to the project funded:
THIS PROJECT IS SUPPORTED BY FUNDING FROM
THE CITY OF FORT COLLINS NATURAL AREAS ENHANCEMENT FUND
and display a sign provided by, or approved by, the City at the site.
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6. The Contractor agrees to make all records pertaining to activities carried out under this contract
available to the City for audit upon request for at least 3 years following the 'fulfillment of this contract.
7. if any provision of this contract is not met in the manner and time specified herein by the Contractor,
the Contractor shall be in breach and the City may terminate the Contract. Upon such termination, the
Contractor. shall return to the City all funds paid in accordance with this contract within (30) days following
receipt of the written request from the City to do so.
8. This contract is not assignable without prior written, consent of the City.
9. The Contractor hereby represents and warrants that it is the owner of, or in the event it is not the
owner, had the permission of the owner of, the site upon which the proposed activities will take place, and
further represents and warrants that it is fully authorized to undertake the activities set forth in Exhibit "A."
10. The term of this contract shall be from the date of signature (on reverse) to June 15, .2008.
11. At all times during the term or performance of this contract, the Contractor shall strictly adhere to
all applicable federal, state and local laws, rules and regulations that have been or may hereafter be established.
12. The signatories aver that to their knowledge, no City employee has a personal or beneficial interest
whatsoever in the service or property described herein.
13. The Contractor =sliall indemnify, save and hold harmless the City, its officers, employees, and
agents, against any and all claims, damages; liability, and court awards including costs, expenses, and attorney
fees incurred as a result of any act or omission by the Contractor, its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract.
Contractor:
Fox HIM& Homeowners Association
City of Fort Collins:
Direct of has -sing & Risk Management
Approved to form:
Assist OF FO�7
City%Aforriey
Attest: sy
City
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