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Home My WebLink AboutC04-379 Berry Creek, LLCM C~~f -<.3-~ ~ - ~a AGREEMENT ESTABLISHING THE OBLIGATIONS OF BERRY CREEK LIMITED LIABILITY COMPANY REGARDING THE INSTALLATION OF UNDERGROTJND DRAINAGE PIPING AT TRACT C, BERRY CREEK/MILLER RANCH PLANNED UNIT DEVELOPMENT RECITALS THIS AGREEMENT is made and entered into this 13 day of e ~`~i ~~ 2 , 2004, by Eagle County, by and through its Board of County Commissioners (hereinafter "County") and Berry Creek Limited Liability Company, a Colorado L.L.C. (hereinafter "Berry Creek, LLC"}, Collectively these entities are also referred to as the "Parties: ' Whereas, County is the owner of real property commonly known as Tract C, Berry Creek/Miller Ranch Planned Unit Development (hereinafter "Recreation Site") and Tract D, Berry Creek/Miller Ranch Planned Unit Development (hereinafter "Housing Site"). Whereas, Berry Creek, LLC contracted with County to act as the developer of the Housing Site in a development agreement dated March 12, 2002 between Berry Creek, LLC and County. Whereas, as part of said development, County granted Berry Creek, LLC a drainage easement on a portion of the Recreation Site to accommodate the storm water drainage from the Housing Site, said easement agreement recorded in the Clerk and Recorder's Office of Eagle County at Reception Number 839283. Whereas, as part of said easement agreement, Berry Creek, LLC agreed to pay a portion of the costs associated with changes and modifications to the drainage system improvement that may become necessary due to the continued construction of the Berry Creek/Miller Ranch Development. Whereas, as part of said development, Berry Creek LLC constructed a Swale on the above- mentioned easement to transport storm water. Whereas, the depth of the constructed Swale and attendant safety concerns necessitated the replacement of the Swale with underground storm water transport system. This system consisted of the construction of underground piping and associated inlets and on a location shown on the attached Exhibit "A" incorporated herein by this reference (hereinafter "Work"). Whereas, the County had the Work performed at a cost of $71,950.00 as set forth in the Change Order Request attached hereto as Exhibit "B" and incorporated herein by this reference. Whereas, notwithstanding any previous cost sharing arrangements, the County and Berry Creek, LLC acknowledge and agree that the financial responsibilities for the Work should be assumed and born equally by Berry Creek, LLC and County with an appropriate credit given for previous excavation work performed as set forth hereunder. AGREEMENT Now, Therefore, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. The County and Berry Creek, LLC acknowledge and agree that the financial responsibilities for the Work shall be assumed and bom equally by Berry Creek, LLC and County. Berry Creek, LLC shall be given a credit of $7,500 for previous excavation performed benefiting the Work. 2. Berry Creek, LLC shall, within thirty (30) days of the date of this Agreement, provide County with funds in the amount of $28,475.00 in satisfaction of the obligations set forth herein. 3. The Parties agree that, except as expressly stated herein, all terms and provisions of development agreements and easement agreements between County and Berry Creek, LLC pertaining to the Housing Site shall remain in full force and effect, and hereby are ratified and co~rmed in all respects as of the date hereof. 4. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to these terms contained herein. 5. This Agreement shall be governed and construed in accordance with the State of Colorado. Venue for any action arising out of any dispute hereunder shall be in the appropriate court in the County of Eagle, State of Colorado. 6. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 7. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. //REIvZAINDER OF PAGE INTENTIONALLY LEFT BLAND// IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. ATTEST: _ COUNTY OF EAGLE, STATE ;,~, OF COLORADO, by and through Its c~ ` .. ~ BOARD OF COUNTY COMMISSIONERS ~ ~~ ~~ BY: :~1~ BY: - ter,:. Clerk to the Board of ounty Tom C. stone, Chairman Commissioners BERRY CREEK LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company. STATE OF ~_;~~ rp~ ~~_c~ ~ ) SS. COUNTY OF ~l~~C-.1 -2 ~ -~ BY: - c~t o F Cot~,(ZiQt> a (Nam d Title) d Q ~ ~~ ~~ S The foregoing instrument was acknowledged before me by ~b55 ~- (`~~/ ~ ~ as ~l'2F~'toyL of the Berry Creek Limited Liability Company, this i~ day of (~;r -~ ~-, ~ ~ ~- , 2004. 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S m f i-~~J~ ~t~~~~ r ~~~~~ Request No. 3 Request Date 2/25/200n ACC Project fi 2013910 Customer Contact MICHAP[_ CIRKOVIC i I t 1 i i i I I laescn t1On Vdli.~.~~p ~'"°.,.,.i!c~~~~Vifhan~Nll Grade and import approximately 2600 cy of Boll from existing stockpile for berm along tike path Install 36", 24"and 12" F1DP[ and pipe bedding per plans note FMS and pipe under road has been deducted from price Install 3 inlets and 1 manhole per plans, note inlets wits allow for 36" pipe ^nd are nat CDOT spec however they will be stampod Install sod to now berm, note lhs cost of the sending has teen deduCtOd frOrn this price approximately 39,200 sf Add to exi:ttinfJ irrigation to irrigate new Beim Install asphalt behind backs-ops in lieu of crusher fines approximately 2,770 sf ~.~!,:,4,, il`II61~~4:1;1.' ~ '~ ~' i''li ~ Ali? ,i..;, ~~i..~,.,•p ~,•~ t,, 4'II I'I,,~~~•I.,,.,,. ... ,ti.~ ~ I ~~,:•.,.i~,li9.hll~?l.f :~ .. ~., Mh~I~dlhhlti~Gi 'r~;liii~iFll;Uir9flrhl.:P: Quantity U/M Price Yotal 1 LS $ 7,060.00 $7,060,00, 1 LS $ 58,980.00 $59,980.0011 1 LS $ 11,870.00 $11,970.0011 1 LS $ 14,tt96.00 $14,898.00 ii 1 LS $ 5,20D_QO $5.200.00 1 L5 $ 6,150.00 S6,T50.00 Tota4 $105,256 00 11 rOTAt_ ArAOIJNT OF REC~UEST $~t05,256 00 ACC~PTED BY DATA' I _. 2004 Arnencan Civil Constructors. Inc. 4901 Soulh Windermer® Street Litfldton, CO 80120 303.795.25132 FAX 303.787.07~J8 EXHIBIT ~ •.