HomeMy WebLinkAboutresolution.council.145-00 SOLVTION #
(Series of 2000)
RESOLUTION APPROVING SETTLEMENT WITH ARCHITECTS
REGARDING ALLEGED DESIGN FLAWS AT THE SNYDER PARK
AFFORDABLE HOUSING PROJECT.
WHEREAS, the architects on the Snyder Park Affordable Housing Project allegedly
failed to account for four pieces of legislation that impact on publicly developed housing
and handicap accessibility. Specifically, the Americans with Disabilities Act, the Federal
Fair Housing Act, the Colorado Fair Housing Act, and Section 9-5-110 of the Colorado
Revised Statutes may not have been complied with, and
WHEREAS, the Housing Authority was thereby required to complete changes to the
project including finishing the basements in four units (to make them two story units) and
doing multiple ADA compliance changes to another unit, and
WHEREAS, the changes attributable to the alleged architectural mistakes amounts to
$40,852.00, and
WHEREAS, the architects and their insurance company have agreed to a settlement
in the amount of $40,852.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1;
That the City Council of the City of Aspen hereby authorizes the City Attorney's
Office to execute the attached Release of All Claims in consideration of the payment
to the City and the Housing Authority of $42,852.00, thereby settling the claim.
hel E. Ric
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held November ]~_, 2000.
"Kathryn S.4Koch, City Clerk/ ' /
MEMORANDUM
TO: MAYOR AND COUNCIL
THRU: JOHN WORCESTER, CITY ATTORNEY
FROM: DAVID HOEFER, ASSISTANT CITY ATTORNEY
RE: RESOLUTION APPROVING SETTLEMENT WITH
ARCHITECTS REGARDING ALLEGED DESIGN
FLAWS AT THE SYNDER PARK AFFORDABLE
HOUSING PROJECT
DATE: NOVEMBER 1, 2000
The architects on the Snyder Park Affordable Housing Project allegedly failed to
account for four pieces of legislation that impact on publicly developed housing and
handicap accessibility. Specifically, the Americans with Disabilities Act, the Federal Fair
Housing Act, the Colorado Fair Housing Act, and Section 9-5-110 of the Colorado
Revised Statutes may not have been complied with. The Housing Authority was thereby
required to complete changes m the finished project to come into compliance, including
· finishing the basements in four units (to make them two story units) and doing multiple
ADA compliance changes to another unit.
The actual cost to the City Housing Authority as a result of these changes was
$40,852.00. While not admitting liability, the architects and their insurance company
have agreed to settle for the full amount. Checks have been tendered to the City
Attorney's Office, subject to the execution of the settlement agreement.
On November 1, the Housing Authority will discuss the settlement and will
presumably recommend acceptance. The City Council by this action would also
authorize the City Attorney to complete the settlement.
Staff recommends settlement.
RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION OF the payment of Forty Thousand Eight-Hundred Fifty
Two Dollars and No/100 ($40,852.00), the receipt and sufficiency of which are acknowledged, I,
David Hoofer, Esq., being of lawfifl age and as the authorized representative of the City of Aspen
and the Aspen/Pitkin County HoUSing Authority, have released and discharged and by these presents
do for the City of Aspen and the AsperffPitkin County HoUSing Authority and their administrators
and assigns, release, acquit, and forever discharge Lipkin Warner Design & Planning, LLC, Heidi
Hoffman, and H3 Architects, their predecessors, successors, principals, insurers, agents and
employees, and any and all other persons, firms and corporations of and from any and all actions.
causes of action, claims or demands for damages, costs, loss of use, loss of services, expenses,
compensation, punitive damages, consequential damage or any other thing whatsoever on account
of, or in any way growang out of the design work performed by the released parties on the Snyder
Park Affordable Housing Project and their alleged failure m design in accordance with the
Americans With Disabilities Act, the Federal and Colorado Fair Housing Acts, and Section 9-5-110,
Colorado Revised Statutes.
I hereby acknowledge and assume all risk, chance or hazard that the damages allegedly
incurred by the City of Aspen and the AsperffPitkin County Housing Authority may be or become
greater, or more extensive than is now known, anticipated or expected. I expressly recognize that
there may exist defects or conditions, latent or other, vise, of which I am not currently aware and
which may manifest themselves at a later date. Even with the knowledge of the possibilities
expressed above, it is my desire to fully, finally and forevermore settle this dispute, for the
consideration stated above. No promise or inducement which is not herein expressed has been made
m me, and in executing this release I do not rely upon any statement or representation made by any
person, finn or corporation, hereby released, or any agent, or any other person representing them or
any of them, concerning the nature, extent or duration of said damages or losses or the legal liability
therefor.
I understand that this settlement is the compromise ora disputed claim, and that the payment
is not to be construed as an admission of liability on the part of the persons, f'n'ms and corporations
hereby released by whom liability is expressly denied.
This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms
of this release are contractual and not a mere recital.
I further state that I have carefully read the foregoing release and know the contents thereof,
and I sign the same as my own 1See acT.
CAUTION! READ BEFORE SIGNING!
Davi q.
Authorized Representative of the City of Aspen and
the Aspen/Pitkin County Housing Authority
STATE OF COLORADO )
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COUNTY OF
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Subscribed and sworn to before me this,~qday of ~[)0t/~/o/,(, 2000 by David Hoefer.
Wimess my hand and official seal.
Nc{tary Public///
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My co~ission e~ires:
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