HomeMy WebLinkAboutAUTUMN CREEK CONSERVATION DEVELOPMENT SECOND - Filed OA-OTHER AGREEMENTS - 2008-02-13AGREEMENT CONCERNING PAYMENT
FOR ROAD IMPROVEMENTS
This Agreement, effective the ;?'Jo day of M A 2007, by and
between Bluebonnet Investments, LLC (`Bluebonnet") and the City of Fort Collins, a
Colorado municipal corporation (the "City"), witnesseth that,
WHEREAS, Bluebonnet is the owner and developer of Autumn Estates
Subdivision, Second Filing, in Larimer County, Colorado (the "Subdivision"); and
WHEREAS, the Subdivision borders Carpenter Road on its south side between
South Lemay Avenue and South Timberline Road; and
WHEREAS, although the Subdivision is a Larimer County project, the Larimer
County Commissioners have required Bluebonnet as a condition of approval of the
Subdivision to be responsible for certain improvements to Carpenter Road; and
WHEREAS, Carpenter Road is annexed into the City of Fort Collins and the City
administers the maintenance thereof in cooperation with the Colorado Department of
Transportation; and
WHEREAS, Bluebonnet has determined to pay the City a fee in lieu of making
improvements to Carpenter Road, and the parties wish to reduce to writing their
understandings with regard to these matters.
NOW, THEREFORE, in consideration of the mutual covenants herein, the mutual
receipt of which is hereby acknowledged, the parties agree as follows:
1. No later than Net I/ 9N a , 2007, Bluebonnet shall pay to the
City the sum of $60,807.00 (tlie "Payment"), representing the estimated cost of
installation of the local street portion (curb, gutter, and 13.0 feet of pavement) of the
south edge of Carpenter Road as it abuts the Subdivision along its 560 feet of frontage,
and also includes an additional twenty-five percent (25%) of such estimated cost to cover
any increases caused by inflation.
2. The design plans for the improvements to be paid for by the payment have
been prepared by TST Engineering and have been approved by the Larimer County
Board of Commissioners. A copy of the estimated costs of the road construction for
which the Subdivision is responsible (and for which the payment is hereunder made), is
attached hereto as Exhibit A and incorporated herein.
3. The City shall keep the Payment in a separate fund earmarked for the
improvements of Carpenter Road as per the approved plans of TST Engineering, and the
monies shall be used for such purpose at a time of the City's choosing.
I
4. In the event of breach hereof, the non -breaching party shall, in addition to
all other available remedies, be entitled to seek and obtain specific performance hereof
and shall, in addition, be entitled to the award of its costs and reasonable attorney fees
incurred by reason of such breach. This Agreement shall be interpreted according to the
laws of the State of Colorado. Sole venue for any suit brought to enforce the provisions
hereof shall be in the state courts of Larimer County, Colorado. This Agreement shall be
binding upon the party and their successors and assigns.
IN WITNESS WHEREOF, the parties' authorized representatives have
hereinbelow set their hands, effective the date first above written.
BLUEBONNET INVESTMENTS, LLC
Manager
THE CITY OF FORT COLLINS, CO ORADO,
a municipal corporation
By:
City Manager
City
APPROVED AS TO CONTENT:
.--City Engineer'
JAPROLVA FORM:
Deputy City Attorney
SLAL
2
E�� �4'
Schmidt Earth Builders, Inc.
7250 Greenridge Road • Windsor, CO 80550
1970) 962.9091 • Fax (970) 962-9081
April 27, 2007
L.R. Barker Builder, Inc.
601 Brewer Drive
Fort Collins, CO 90521 4
Attention: Lee Barker
Subiect: Autumn Creek Conversation Creek Development Second Filing
Dear. klr. Barker -
Per your request kke have estimated the cost of the off site improvements associated with the Autumn Creek
Conservation Development Second Filing. Our estimate is based upon current pricing for the items listed.
Final pricing will be based upon approved construction drawings and pricing in effect at the time of
construction.
Autumn Creek i Carpenter Road Widening BUDGET ESTIMATE ONLY
Scope includes curb, gutter and 13 foot additional width of asphalt adjacent to
property frontage only.
GPM 10
Asphalt Paving & Base
SY
825
$31.35
$25,863.75
30" Vertical C&G
LF
600
$11.55
$6.930.00
8" Pan & Spandrel
SF
680
$7.65
$5.198.60
Handicap Ramps WIADA
EA
2
$715.00
S1,430.00
Sub grade Prep
SY
1,025
S1.54
$1,578.50
Traffic Control
LS
1
$2,750.00
$2,750.00
Estimate Total
48,645.85
Sincerely
David Peugh
Project Manager