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HomeMy WebLinkAboutHICKORY HILL VILLAGE AT CUNNINGHAM CORNER PUD - Filed OA-OTHER AGREEMENTS - 2003-11-20Hick y Hill Village PUD Bldg. A gzags3 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