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HomeMy WebLinkAboutB09-0071 development improvement agreementsReceipt funds Name: t 1 L, Mai ng Address: ,.. q i - &tL C O A�bs'7 CASH DEPOSIT FORMAT Legal Description: Lot Block 3 Subdivision: Address: Developer: I C 0 Qio Permit Number: Project Number: CCJ - ©��� Improvement Completion Date: , V\ ag- VS DEVELOPER IMPROVEMENT AGREEMENT Of )C (address, legal Agreement; and Improvement WHEREAS, the Developer is obligate to pro v' ec ty or collateral sufficient in the judgement of the Town to mak reasona Lordance sions om I o f ovements set forth in the atta sti bids) a p r ecifications filed in the offi Vt Co nity Develo Depart wn Mail; and WHER beveloper wishes to provide ollateral to guarantee performance of this Agreement, including completion o the all' oveme t referred to in thi Agree nt, by means of the following: 0 • The Developer agrees to ablish a cash deposit account th the Town of Vail, as escrow agent, in the amount of $ $ S n as collateral for the completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at its sole cost and expense, to furnish all equipment and materials necessary to perform and complete all improvements referred to in this Agreement. Th ` Developer a rees to complete all improvements referred to in this Agreement on or before the ! day of , 20 . The Developer shall complete, in a good workmanlike manner, all improvements referred to in this Agreement, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed F: \cdev\ FORMS\ Pennits \Planning\Administrative _Actions \DIA cash format 5- 16- 2007.doc Page 1 of 5 THIS A EEMENT, ma e aiRd en red int thiA day of by and among he "Deve open"), and $ie Town of Vail (the "Town "). complete until approved and accepted as completed by the Community Development Department and Public Works Department of the Town of Vail. 2. To secure and guarantee performance of the obligations as set forth herein, the Developer agrees to provide collateral as follows: A cas e �posi ccount with the Town of Vail, as escrow agent, in the amount of $ L 1 - as collateral for the completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. 3. The Developer may at any time substitute the collateral originally set forth above for another form of security or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to herein in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall be and are hereby assumed by the Developer. The Deve eque by,,agrdes to in nify and gold harmlesi,the Town, and any of its officers, ageni'��a eel; a fn'y losses, claims � damages, or liabilitiea to which the Town or an of its officcerrs a` erft�;o�' to ees become sub'e "to insofar'as an y J �mP Y ,mil . � � Y such losses, claims, damages or liabilities (or actions in r'e pe t thereof)" Mse . out of or ar4 based upon any performance by the Developer hereunder; and the Developer shah reimburse the Town for any and all legal or otloer expenses reasonably Ocurred by the Town in connection with investigating or` defending A such loss; clairs,.,, ij ge, liability or action. This indemnity provision shail-be jft addi " n,,to any other liability which t a 17dVeloper my have. 5. It is mutually agreed that the Developer may apply for and the Town may authorize a partial release of the collateral deposited with the Town for each category of improvement after the subject improvement is constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition shall the dollar amount of the collateral that is being held by the Town be reduced below the dollar amount necessary to complete all uncompleted improvements referred to in this Agreement. 6. If the Town determines, at its sole discretion, that any of the improvements referred to in this Agreement are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or not accepted by the Town as complete on or before the date set forth in Paragraph 1 of this Agreement, the Town may, but shall not be required to, draw upon the security referred to in this Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant to Section 12 -11 -8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this Agreement may be revoked until all improvements referred to herein are completed by the Developer or the Town in accordance with this Agreement. F:\cdev\ FORMS\ Permits\Planning\Administrative Actions \DIA cash format_5- 16- 2007.doc Page 2 of 5 If the costs of completing the uncompleted improvements referred to in this Agreement exceed the dollar amount of the deposit, the excess, together with interest at twelve percent (12 %) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. If the Developer fails or refuses to complete the improvements referred to in this Agreement, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to penalties pursuant to Section 12 -3 -10 (Violations: Penalties) and Chapter 1-4 (General Penalty), of the Vail Town Code. 7. The Developer shall warranty the work and materials of all improvements referred to in this Agreement located on Town property or within a Town right -of -way, pursuant to Chapter 8 -3, of the Vail Town Code, for a period of two years after the Town's acceptance of said improvements. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. F:\cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA cash format 5- 16- 2007.doc Page 3 of 5 Dated the day and year first above written. Developer STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The f regoing Demaloper Improvement AgreemenLwas acknowled fed b fore me this Day of , 20,U by Q— Witness my hand and official seal. My commission expi ✓l ou N 5, ZJ c ( 0TAR < < Cn Y• y� I , S STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Qpwloper Improvement Agreement was acknowled ed be ore me this i Day of G-v� & # , 20 by I AT e C Witness my hand and officials al. My commission expires: 6l Notary 111blic F: \cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA cash format_5- 16- 2007.doc Page 4 of 5 ' r ATTACHED COPIES OF THE ESTIMATED BID(S) , l 'I'D WO O() 6'U 3C\00 F:\cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA cash format_5- 16- 2007.doc Page 5 of 5 I own of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name: l Receipt No. �ZZ Address: Project: Date _/ 3 / L Please make checks payable to the TOWN OF VAIL Account No. Item No. Code # Cost Each Total 001 0000 314 1110 0010000 314 1110 001 0000 319 4400 Address Maps Zoning Maps Custom Maps ZA ZA $5.00 $20.00 * * 001 0000 314 1112 Other Code Books CB 001 0000 314 1211 001 0000 314 1111 001 0000 314 1212 Blue Prints /M lar Copy Fees Xerox Copies copies / faxes / CD BF XC $7.00 $0.25 001 0000 314 1111 Master Plan MS 001 0000 314 1111 Studies, Master Plans, etc. MS 001 0000 312 3000 Contractors License Fees CL 0010000 240 3300 001 0000 312 1000 Developer Improvement Agreement Deposit D2 -DEP10 Restaurant License fee TOV AD RL / 0010000 230 2000 Sec. Assess.- Restaurant Fee to Co.Dept.Rev. SA 110 0000 314 1115 Resale Commission MS 001 0000 319 4400 Miscellaneous MS Other - MS Other - MS Other - MS Other - MS 001 0000 201 1000 Taxable @ 4.4% State - Tax payable TP 001 0000 310.1200 Taxable @ 4% Town - Retail Sales Tax T7 TOTAL: S _ * all items charged tax Comments: ash Money Order # Check # l 1 � S96o Received / redit Card: isa /MC Last 4 CC #'s Auth M Name on CC f /cdev/ forms /admin /sales_action_form_2009. xis '* � 6 4/2009 Towr of Vail Oder: AJANUSZ —[--'' , ype: ^U Drawer; 1 119s 1/y�11 01 " no/ 594 [ustnmer Lnca iun Name Amnmt Gu� Hukm L RAMS HORN L0, PEKM T#809-0W71 fender detail CK T�kLILX '3586 $487b. 00 �ota� tpndered $4815 *M Total payment $4875'00 D^ans date: 10401 Time/ 9:16/12 PREPARED 6/17/11, 12:03:29 DEPOSIT REFUND REPORT - UPDATE PROGRAM MR415U PAGE ] Town of Vail ---- ---------- ----- --------------------- --------------------------------------------------------------------------------------- CUST -ID CUSTOMER NAME TYPE CHARGE CODE DESCRIPTION TX -DATE AJ -DATE DEPOSIT DEPOSIT -ADJ ADJUSTMENT AFTER - REFUND ----------------'----------------- -- — AMOUNT AMOUNT AMOUNT AMOUNT ------------------------------------ 2969 RAMS HORN LODGE CONDO ASSOC D2 DEP10 Dep- Developer Imp Agrmts 1/14/11 TOTAL FOR CUSTOMER TYPE: D2 GRAND TOTAL: DEPOSIT COUNT: 1 6/17/11 4875.00 4875.00 4875.00- .00 - - -- 4875.00 4875.00 4875.00- -- --- -- -- -- -- --- ---- -- ---- --- --- -- - - - -- --- ---- - ----- ------------- - ------ -- - - -- ---- --- - ----- ---- --- -- -- -- 4875.00 4875.00 4875.00- .00 G/L BATCH CREATED: BATCH -01824 2011/06 USERID - JLOVATO AP HELD COUNT- .00 AMOUNT- 4,875.00 CASH DEP IT FORMAT Receipt f rids to: 1 Legal Descripti of Block Name: r o ubdivision. �i IL ailing Addr s: a Address: p i - eve (Ail co I Developer: �n Permit Number: - Project Number: D - .9 Improvement Completion Date: e is 010 DEVELOPER IMPROVEMENT Canal AGREEMENT THIS AG EEMENT, and ente red into this day of h ec_em � er , 20� by and among cylns I4rn . o Asog_ (the "Developer"), and the Town of Vail (the "Town "). WHEREAS, the as a condition of Temporary Certificate of (address, legal description, and Agreement; and number) wishes #8 enter into a Developer Improvement WHE )h(e the Develo er is obligated to provide ty or collateral sufficient in the judgement he wn to reasonable pr visions fo ion f certain improvements set forth in th attacesti ed bid(s) in ac ce with appro ed plans and specifications filed in the ffice C unity Dev efopartm t f� I d WHEREAS, the Developer wishes to provide collateral to guarantee performance of this Agreement, including completio of the all improvem is referred to in this Agreement, by means of the following: I7% I The Developer agr esta * ca h le sit accou with the Town of Vail, as escrow agent, in the amount of $ ►�5 C as collateral for the completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at its sole cost and expense, to furnish all equipment and materials necessary to perform and complete all improvements referred to in this Agreement. The Developer agrees to complete all improvements referred to in this Agreement on or before the I 4 day of u rlL , 20 11 . The Developer shall complete, in a good workmanlike manner, all improvements referred to in this Agreement, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed F:\cdev\ FORMS \Permits \Planning\Administrative _Actions \DIA cash format_5- 16- 2007.doc Page 1 of 5 complete until approved and accepted as completed by the Community Development Department and Public Works Department of the Town of Vail. 2. To secure and guarantee performance of the obligations as set forth herein, the Developer agrees to provide collateral as follows: A cgsh deposit account with the Town of Vail, as escrow agent, in the amount of $ &:9 0-9 as collateral for the completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. 3. The Developer may at any time substitute the collateral originally set forth above for another form of security or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to herein in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall be and are hereby assumed by the Developer. r m The Developer hereby` agrees to orldemnify and hold harmless the town,., 'and alk of its officers, agents and employees against any losses, claims, damages, of liabilities to which the Town or any of 2s, otficirs; .agentator employees may' become subjgcA, insofar as any such losses, claims; damAgw of liabilities ('vr actions ih raspect thereof) arise owt of br are based upon any performance by the Developer hereunder; and the Developer shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending a4 4=97 116 , claim, damd'ge, liability or€ action. This indemnity provision shall be in addition to'a y 7bt'�er iaUiity which the Develope f,my have. 5. It is mutually agreed that the Developer may apply for and the Town may authorize a partial release of the collateral deposited with the Town for each category of improvement after the subject improvement is constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition shall the dollar amount of the collateral that is being held by the Town be reduced below the dollar amount necessary to complete all uncompleted improvements referred to in this Agreement. 6. If the Town determines, at its sole discretion, that any of the improvements referred to in this Agreement are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or not accepted by the Town as complete on or before the date set forth in Paragraph 1 of this Agreement, the Town may, but shall not be required to, draw upon the security referred to in this Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant to Section 12 -11 -8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this Agreement may be revoked until all improvements referred to herein are completed by the Developer or the Town in accordance with this Agreement. F: \cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA cash format_5- 16- 2007.doc Page 2 of 5 If the costs of completing the uncompleted improvements referred to in this Agreement exceed the dollar amount of the deposit, the excess, together with interest at twelve percent (12 %) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. If the Developer fails or refuses to complete the improvements referred to in this Agreement, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to penalties pursuant to Section 12 -3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty), of the Vail Town Code. 7. The Developer shall warranty the work and materials of all improvements referred to in this Agreement located on Town property or within a Town right -of -way, pursuant to Chapter 8 -3, of the Vail Town Code, for a period of two years after the Town's acceptance of said improvements. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. F:\cdev\FORMS\Permits\Planning\Administrative cash format_5- 16- 2007.doc Page 3 of 5 Dated the day and year first above written. STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this _Day of 20 /v by �j GrJL m� Ilt r c,r1 Witness my hand and official seal. My commission expires [�(, ;) I i, A-) q \ 0\ %%1111111 1 , 10, � .`� \;e ANN � OOTARy N ry ublic N ' PUBUG O :py O OF C 0v Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this a Day of t. , 20 &-) by CA�t-s,, 021.&d Witness my hand and official seal. My commission expires: y �OTARy a nnn\ F: \cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA cash format_5- 16- 2007.doc Page 4 of 5 IRON MOUNTAIN INDUSTRIES, INC. 5680 Pecos Street Denver, CO 80221 (303 964 -3363 Fax: (303) 9643356 http: /twww.Longero.com longero.denver@gmail.com Since Date Number 1923 1 10/13/2010 1 Q76274 -01 l Sold To Ship To Contact: Randy MilKoari Milhoan Studio & Gallery Salesperson: Rick Monteferrante 141 Williams St. FOB: Lon ero Minturn, Colorado 81645 Phone - (970) 376 -3211 Ship Our Truck FAX - Valid until 11/12/2010 Terms: C.O.D. Lead Time: Header: Rams -Horn Lodge Post and Panel fabrication Drawing AIPP 1 -11 Qty Description Each Total 1 Rams -Horn Lodge Post and Panel fabrication $51,094.29 $51,094.29 Includes fabrication of 11 posts and 7 panels per drawing. �`f ' _ l4 j Does not include the stainless mesh. Thank you for allowing me to bid on your project! -tc- Ur � IM W �lr. � �,, t�. ,s 4.•e.;r5 Acceptance of Proposal: The prices, specifications, and conditions stated herein are satisfactory and are hereby accepted. Longero Is authorized to do the work spectfted. Payment will be made as outlined above. \C) -s Date �� I I% si tuto 1A ^ l Print Name KI�1MS- PLEASE CHECK FOR ERRORS & OMISSIONS BEFORE PLACING ORDER. PRICES SUBJECT TO MATERIAL INCREASES & AVAILABILITY. CONDITIONS: The prices and terms quoted arc not subject to verbal or other agreements unless approved in writing by Longero. AN quotations are contingent upon strikes, fires, accidents, availability of materials, and all other causes beyond our control. prices arc based on costs and conditions on the date of quotation and are subject to change. Typographical and stenographic errors are subject to correction. Purchaser to accept either overage or shortage not in excess of ten parent to be charged proaata. Purchaser assumes NabNNy for paters and Copyright Mddngement when product is made to their specifications. When quotation specifies material to be furnished by purchaser. ample allowance most be made for reasonable spNgge, mnterial must be of CUR" quamity and quality to facilitate efficient production. Terms inconsistent with those stated herein which may appear on Puchasefs formal order are not" 11 gto Longero. Longero assustes no responsibility forengiwanng andlor design Integrity for proms manufactured to customer drawingsfspecifications. I Quoted By: r;':..:i _ on 10/13/2010 Page 1 Page 1 of 1 Diane Milligan From: <rickm @longero.com> . To: "Diane igan" <diane @mountain max.net> Cc: "Rand, Woan <milhoanstudios @comcast.net> Sent: Wednesday, December 01, 2010 3:03 PM Subject: RE: Rams -Horn Fence Diane, 'for not getting back to you sooner, but I'm trying to get a good idea of how fast the project 71s going to go. My best guess right now is the week of Dec 20th and I'm hoping to narrow it dovvh id next week. We will deliver in an 18' flat bed truck. Rick Monteferrante President, Longero (303) 964 -3363 ext 206 Fax (303) 964- 3356 Alternate E -mail longero.denver @gmail.com -- - - - - -- Original Message -- - - - - -- Subject: Rams -Horn Fence From: "Diane Milligan" <diane@mountainmax._net> Date: Tue, November 30, 2010 4:12 pm To: <ric-km @loncc e ro . com > What is your estimated delivery date for fence? What type of truck will make the delivery- flatbet ?. I need to coordinate delivery with town and job superintendent and also schedule installers. Thank you 12/6/2010 ATTACHED COPIES OF THE ESTIMATED BID(S) 1 �3 5 d \goo. 00 F: \cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA credit format_5- 16- 2007.doc Page 6 of 6 Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Nam w�S y� ��� or? do�jf�j /p(' Receipt No. Address: br-;/ C 8/U S 77 Project: V O 7- 0,23 ,3, c4pg Up 71 Date __-f L9_ / _ Please make checks payable to the TOWN OF VAIL Account No. Item No. Code # Cost Each Total 001 0000 314 1110 Address Maps IZA $5.00 * 001 0000 314 1110 Zoning Maps IZA $20.00 * 001 0000 319 4400 Custom Maps 001 0000 314 1112 Other Code Books JCB 001 0000 314 1211 Blue Prints /M lar Copy Fees JBF $7.00 001 0000 314 1111 Xerox Copies XC $0.25 001 0000 314 1212 copies / faxes / CD 001 0000 314 1111 Master Plan MS 001 0000 314 1111 Studies, Master Plans, etc. MS 001 0000 312 3000 Contractors License Fees CL 001 0000 240 3300 Developer Improvement Agreement Deposit D2 -DEP10 AD 001 0000 312 1000 Restaurant License fee TOV RL 001 0000 230 2000 Sec. Assess.- Restaurant Fee to Co.De t.Rev. SA 110 0000 314 1115 Resale Commission MS 001 0000 319 4400 Miscellaneous MS - Other - MS Other - MS Other - MS Other - MS 001 0000 201 1000 Taxable @ 4.4% State - Tax payable TP 001 0000 310.1200 Taxable @ 4% Town - Retail Sales Tax T7 TOTAL: . vQ * all items charged tax Cash Money Order # Check # 1,12 Recep Credit Card: Visa /MC Last 4 CC #'s Auth #: Name on CC J f /cdev /forms /admin /sales action form 2009.xls ' P b\ 4/2009 Town of Vail + U STOMER RECEIPT Oper. AJAIWZ Type: FB Drawer: 1 Date: 12/09/18 01 Receipt no: 15718 Customer Location Name Amount 2%1 2972 B09 -8871 RAMS HURN L AD AR- DEPOSITS RAMS HORN LODGE $58758.08 PERMITM 0671, PRJ87 -8233 Tender detail CK CHECK 13538 $58750.80 Total tendered $58150.08 Total payment $68750.08 Trans date: 12/09/18 Time: 8:43:29 THEWS YOU FOR YOUR PAYMENT! PREcv000 1/17/11 zz.v,.zo DEPOSIT aoFnmo aopoar'npoxro p^oo z PROGRAM MR415v T"°" of "°iz CUST'zo CUSTOMER NAME TYPE c,AnoE onpoazT oonoszT'^oa ^ozvaTwouT AFTER -REFUND o`oo oo,cnzrTzom TX -DATE ^J-DATE umnomr umonmT AMOUNT x*oomT 2961 RAMS 000m LODGE cowo oz oopzo o°p'o°,°lope, z=r ^ 12/09/10 *17/11 68750 .00 68750 .00 68750.00' .ov ------' ------' ------' ------' TOTAL FOR coaToMoo TYPE: oz 68750.00 68750 .00 68750 .00- oo ------' ------' ------' ------' ------' ------- ------' ------' GRAND rorvL. 68750.00 68750.00 ^m,v.00' .vo DEPOSIT COUNT: I o/L oxTcv cao^Too. oxrcv'00112 2011/01 nsnazo'aLn°ATo AP HELD o,vmz' oo ^xonmr' 68,750 .00