HomeMy WebLinkAbout2008-058-08/19/2008-AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT REGARDING HIGHWAY RESOLUTION 2008-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT REGARDING
HIGHWAY 392 INTERCHANGE BETWEEN THE CITY, THE TOWN
OF WINDSOR AND METRO ACQUISITIONS, LLC.
WHEREAS,by Resolution 2008-030,the Council of the City of Fort Collins authorized the
execution of an intergovernmental agreement among the City, the Town of Windsor and Metro
Acquisitions,LLC(the"Agreement")regarding the Highway 392 and Interstate 25 Interchange(the
"Interchange"); and
WHEREAS, the Agreement provided for a cost sharing mechanism among the parties
whereby Metro Acquisitions would pay 50% of the cost related to the design and approval of the
Interchange(including the project's initial consulting costs as well as the subsequent costs generated
by the 1601 Interchange Study and the cost of the Colorado Department of Transportation 1601
Review Process), while the Town of Windsor and the City of Fort Collins would equally divide the
remaining 50%, which remaining amount was not to exceed $76,782; and
WHEREAS, the City and the Town of Windsor received a proposal from DMJM Harris to
perform the 1601 Study but at a cost which exceeded the cost contemplated by the Agreement; and
WHEREAS, the Council has determined that the increase in cost is reasonable under the
circumstances and ought to be approved through an amendment to the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an amendment to the Intergovernmental
Agreement between the Town of Windsor, the City of Fort Collins, and Metro Acquisitions, LLC
entitled "Intergovernmental Agreement Regarding Highway 392 Interchange" by amending
paragraph 3(c) to read as follows:
(c) The Parties acknowledge that certain costs related to the design and approval
of the Interchange Improvements will be incurred at the outset of this project.
The Parties therefore agree to share the project's initial consulting costs as
well as the subsequent costs generated by the 1601 interchange study and the
costs of the CDOT 1601 review process on the following basis: Developer
to pay fifty percent(50%)not to exceed $107,380; Town to pay twenty-five
percent(25%);and City to pay twenty-five percent(25%). Notwithstanding
the foregoing, the Parties agree that the total combined costs paid by Town
and City shall not exceed $107,380.00; provided, however, that Town and
City agree to equally share in the reimbursement of the Developer for
Developer's contribution towards the costs for preparing and filing for a
Justification for Separate Action and approval of the Interchange
Improvements pursuant to the 1601 Approval Process if the Proposed
Development does not proceed, up to a maximum amount of$107,380.00.
Town and City will each contribute 50% to any such Developer
reimbursement under this provision. In such event, any engineering or other
documents prepared for the Interchange Improvements will become the
property of Town and City.
Passed and adopted at a regular meeting of the Co of the City of Fort Colli this
19th day August, A.D. 2008.
Mayor
ATTEST:
Z
City Clerk