10-12-2004 BBG HOLDING CORPORATION AGREEMENT GOVERNING DESIGN AND CONSTRUCTION OF DRAINAGE AND SITE IMPROVEMENTSAGREEMENT GOVERNING DESIGN AND CONSTRUCTION OF DRAINAGE
AND SITE IMPROVEMENTS
THIS AGREEMENT GOVERNING DESIGN AND CONSTRUCTION OF
DRAINAGE AND SITE IMPROVEMENTS (this "Agreement") is made this lam day
of October, 2004, by and between the TOWN OF AVON, a Colorado corporation (the
"Town"), whose address is P.O. Box 975, Avon, Colorado 81620 and BBG Holding
Corporation, a Colorado corporation ("BBG"), whose address is 101 Eagle Road, Unit
#7, Avon, Colorado 81620.
RECITALS
A. BBG is the owner of Lot 22, Block 1, Benchmark at Beaver Creek, Town
of Avon, Eagle County, Colorado also known as 77 Metcalf Road ("Lot 22").
B. The Town is the beneficiary of a drainage easement across Lot 22,
described on the subdivision plat for Benchmark at Beaver Creek, recorded in Book 274
at Page 701, Eagle County records.
C. BBG is improving the parking lot on Lot 22 to increase parking and
improve general circulation for vehicles and pedestrians (`BBG Improvements"). The
Town is improving the drainage and stormwater management on Lot 22.("Town
Drainage Improvements") in accordance with plans prepared by Arroyo Engineering,
LLC dated October 1, 2004, as amended by the Town. The Town Drainage
Improvements and BBG Improvements are collectively referred to as "Improvements".
The Improvements are based upon conformance with Town requirements for drainage
facilities and providing adequate traffic circulation and parking.
D. The Town has agreed to step up the timing of the Town Drainage
Improvements to coincide with the construction of the BBG improvements
AGREEMENT
NOW THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties hereby agree as follows:
1. Permanent Drainage Easement. A private non-exclusive perpetual
drainage easement over, across, under, and through the area of the Town Drainage
Improvements located on Lot 22 is hereby granted by BBG to the Town. Upon
completion of the Drainage Improvements, a separate drainage easement based upon as-
built locations will be recorded. The existing drainage easement recorded with the Eagle
County Clerk and Recorder at Book 274, Page 701 will be vacated contemporaneously
with the recording of such drainage easement, which shall be of equal size.
2. Cost of Design Work. BBG is responsible for the cost of all design work
in association with the BBG Improvements and the Town Drainage Improvements.
3. BBG Improvements. BBG is responsible for completion of the BBG
Improvements located on Lot 22, which include: any additional fill material required for
construction of the parking area; all asphalt; including replacement of asphalt removed
for new culvert installation; parking lot striping; widening of entryway; re-veg of
disturbed areas; installation of sub-drains for both detention ponds; all concrete curb &
gutter and pans; grading and compaction of added asphalt area to southwest side of the
building, all in accordance with the plans given design review approval by the Town.
4. Town Drainage Improvements. The Town is responsible for completion
of the Town Drainage Improvements, which include: removal of existing culverts as
needed for installation of new piping; disposal of existing culverts and removed asphalt;
backfill of new culvert to grades shown on Plan Sheet 1 dated 9/30/04, including rough
grading from the new inlet to the new outlet; excavation and backfill of new inlet and
outlet structures; and the installation of the new inlet and outlet structures.
5. Entire Agreement. This Agreement is an integration of the entire
understanding of the parties with respect to the matters stated herein.
6. Governing Law. The validity and effect of this Agreement shall be
determined in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, BBG and the Town have executed this agreement on
the date first above written.
3 I a A
ATTEST:
1 ~ C"') C_
Patt Mc enney, o n Clerk
TOWN OF AVON, a municipal corporation
f
B:
Mayor
APPROVED AS TO FORM
Jo Fn W. Dunn, Town Attorney
STATE OF COLORADO
COUNTY OF EAGLE
BBG HOLDING CORPORATION
a Colorado corporation
B le
ss.
The foregoing instrument was acknowledged before me this , day of
October, 2004, by Albert D. Reynolds, as Mayor and Patty McKenny as Town Clerk of
the Town of Avon„ a municipal corporation.
Witness my hand and official seal.
My Commission expires:
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Notary Public
STATE OF COLORADO
COUNTY OF EAGLE
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My Commission E)#Ues 07128fP008
The foregoing instrument was acknowledged before me this 14"'- day of
October, 2004, by Michele O. Evans as President and G. Christopher Evans as Secretary
of BBG Holding Corp., a Colorado corporation.
Witness my hand and official seal.
g\iQiision expires:
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My Commission Exires 041=06
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: October 7, 2004
Re: Agreement with BBG Holding Corporation Governing Design and Construction
of Metcalf Storm Drainage Improvements Across Lot 22, Block 1, Benchmark at
Beaver Creek (0077 Metcalf Road)
Summary: Chris and Michelle Evans with Evans Chaffee Construction Group
recently purchased the property at 0077 Metcalf Road. They requested that the Town work
with them to expedite the Metcalf Storm Drainage Project across this property to allow them
to implement some parking and site improvements this fall. This is a natural extension of the
Metcalf Basin Drainage Improvements (Nottingham Road to I-70) Project that is currently
under construction. This Agreement provides that BBG Holding Corporation (BBG) will be
responsible for the cost of all design work plus all final grading, surface restoration and
surface facilities. The Town will be responsible for installation of the underground drainage
facilities, inlet and outlet structures, removal and disposal of non-useable material from the
drainage facility installation and backfill of the facilities to rough grade. This will result in
significant savings to the Town as well as allowing early completion of this critical section of
the Storm Drainage System.
This Agreement is accompanied by a corresponding Change Order to the Metcalf Basin
Drainage Improvements (Nottingham Road to I-70) Project that reflects the cost of this
project expansion to the Town. The work to be completed by BBG is not included in this
contract and they will be responsible for making arrangements for and paying the cost of that
work independent from the Change Order work. The Capital Projects Fund Budget as
previously presented included $125,000 for this section of the Project. This Budget will be
revised to reflect the actual Change Order Costs prior to final adoption.
l:AEngineering\CIP\Stonnwater Metcalf (Nott To 170)A4.0 Constriction Documents\4.5 Change Orders\Agreement Memo. Doc
We recommend approval of the attached Agreement Governing Design and Construction of
Drainage and Site Improvements at 0077 Metcalf Road between the Town of Avon and BBG
Holding Corporation in conjunction with Change Order Number I to the Metcalf Basin
Drainage Improvements (Nottingham Road to 1-70) Project Contract with Oldcastle SW
Group, Inc. dba B&B Excavating, Inc.
Recommendation: Approve Agreement Governing Design and
Construction of Drainage and Site Improvements at 0077 Metcalf Road between the Town of
Avon and BBG Holding Corporation.
Town Manager Comments:
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