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HomeMy WebLinkAboutB10-0055 Developer Improvement Agreement CASH DEPOSIT FORMAT Receipt funds to: Legal Description: Lot �= I I ,Block Name:�z� �V�u �5�� Subdivision: 0 e I Mailing,Address oo � i -�-.-�a f�Address: I - L_o � �c�.�: �c> l(Q S� '~ Developer: c��l 12i.t+�► ' �-t Cmt„ , ,,4�Soc�ah'o n Permit Number. (p -- p�.� Project Number:�(L-„�► t ' Improvement Completion Date: I DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this �`�day of �d1,V G� , 20� by and among_�i I Ruv► '�.�,.-t- (� v►,uv���h.� �t���(the "Developer"), and the Town of Vail (the "Town"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for �/B� - �0 CXy i.1 D � � -tk� L�yt- C-►� . �►o�.►5 f�►d�.c 'F►l��-.r (address, legal description, and project ni,l i�ber) wis es to enter into a Developer Improvement Agreement; and WHEREAS, D elo is obliga o rovide s I r u the judgement of the To n to ake onable provi or co i f i r s set forth in the attache � attd i )�n accorda ith th ap ations filed in the office of th ommunity Development Department of the own of Vail; and WHEREAS, the eve er s to provide ol ter I uara rformance of this Agreement, including co ti n of e all improve ref r i�t ement, by means of the following: / � ♦ The Developer agrees to establish a cash deposit account with the Town of Vail, as escrow agent, in the amount of $ ��� �j(o� �{$ 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 a rees to complete all improvements referred to in this Agreement on or before the I 5�-' 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\Permits\PlanningWdministrative_Actions\DIA cash format_5-16-2007.doc Page 1 of 5 i , � 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 cash de osit account with the Town of Vail, as escrow agent, in the amount of $ ��'°��(o . � � 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 Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or 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 any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer 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\PlanningWdministrative_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\PlanningWdministrative_Actions\DIA cash format_5-16-2007.doc Page 3 of 5 Dated the day and year first above written. !�fh C � � � Developer �� �^ -�- STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this _�Day of �rc.f� , 20� bY ��,,n Mc.�2.�r1 Witness my hand and official seal. My commission expires �,p�,� /5, o��`� ������u�uu��,,,, \\�����5HE L L E y ���ii�� \\� .... q� ��� � �.2 �D:� N�l� �•:m,�: otary Publi� _ -� : '� nh � ir-- _ = m GB '� ;� _ ; O��'. !/c ; ' .�` : ///��''�.,���ORA������`���\\\ ������i i i i i i n+��``� Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreeme�jwa�s acknowledged before me this —,�Day of i�'lc✓�.1�, , 20� bY r�t�e.! l7i rvz.sn�/ Witness my hand and official seal. My commission expires:�/,(,p�; / l�►� �l�l �������\�LIE Yl,q����i�� `�� 5�' " ti ���''. ... .. � � ` � NOj��� � � ' No Public = v : A = rY ; i�� �el�C _ � �% ��c�''•�.•...... �''�O • . ��'%,��cOIORP����`��� ����lr n i n m����� F:\cdev\FORMS\Permits\PlanningWdministrative_Actions\DIA cash format_5-16-2007.doc Page 4 of 5 � . ATTACHED COPIES OF THE ESTIMATED BID(S) �jl� *� � : _ `� � � � , � g' � l � � z 3a � � i � 3 `� y � �- � D a.�Z 3 `� � s I � � � � r ��-� ��� �� � � � . y. 8 � F:\cdev\FORMS\Permits\Planning�,4dministrative_Actions\DIA cash format_5-16-2007.doc Page 5 of 5 Edg e/ding//c ���� ,1 ' .:. �F . Edge V1�elding Ilc Po Box 7800 Avon, CO 81620 Date Estimate # 8/2/2010 42 Name / Address Hirn Builders Vail Run Resort Condos 1000 Lions Ridge Loop Vail Colorado. P.O. # Terms Due Date Other � 8/2/2010 Description Qty Rate Total The welding of the C10x15.3, C6x13, C8x11.5 to the 6,297.64 6,297.64 existing structural steel beams, both sides whilst the roof is still in place.All beams will need extensive � cleaning prior to the welding as they have rust. - The replacing of the two W10x 15 beams with W12x 5,123.81 5,123.81 ` 26, adding W5x 19 @4' o/c with web stiffeners and . angles followed by the 21/2"x21/2"x1/4"Us @16"o/c across the top. The rolling of the 12"x 1/4"and the 1/2"x10"the hard 7,289.16 7,289.16 way, roling of the W12x 26 the easy way and the 7"x 1/4", 2"x1/4"and the 8"x 1/4"followed by the installation. The additional time to weld the 16K5 bar joists and any 1 85.00 85.00 other unforseen areas will be done on time and materials. There will be no crane time included in this bid, 1.00 1.00 althou h crane can be order 135. 0 e he fabrication of the deck roof railing to attach to the 77 128.34 9,882.1g outer edge of the new roof, all railing will be fabricated to the drawing provided, 2"square tube steel top and bottom rails with 1"square pickets @43/4"o/c.All railing will be powder coated and installed.All measurements will be field verified after the new roof is in place and ma vary from the drawin sizes iven. � 8X`�� 7�''�{ subtotal �� �/�Z 3 -T Sales Tax (0.09� Total 970-3763404 970-5241070 edgewelding@yahoo.com � � � � Hirn Builders LLC Esti m ate PO Box 18586 2151 A Saddleridge Loop Date Estimate# Avon, CO 81620 3/2/2011 z Name/Address Vail Run Resort 1000 Lionsridge Loop Vail,CO 81657 Project Description Qty Rate Total Concrete posts for site fence 1 500.00 500.00 Build wooden screen fence at east side of parking lot 1 2,500.00 2,500.00 Total $3,000.00 � i � �� uali Cool Roo� Solutions �Y I174o Coal Road Hotchkiss,CO 8�4i9 Phone q�o-ZSo-Sq43 F'�97o-87Z-6o98 Submitted to: Vail Run Resort Date: 12/8/2010 Address: 1000 Lionsridge Loop Phone: 970-476-1500 City/State/Zip: Vail, CO 81657 Contact: Alan McLean Job Description: Conklin Foam & Puma system FAX: 970-476-4763 We hereby submit specifications estimates for: This bid for pool roof completion 1) Apply one coat of bronze coatinc and apply 1 layer of bronze rubber chunks into wet coatings 2) Ensure top cap is sealed with installation of parapet cap and metal railing We propose to furnish material and/or labor complete in accordance with specifications, for the sum of: Nine thousand four hundred sixty seven dollars $9,467 PAYMENT IS TO BE MADE AS FOLLOWS: 50%to be paid upon acceptance of this contract with the balance to be paid upon completion of the job All materials are guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation Contractor signature from the above written orders and will become extra charge over and above esrimate. All agreements are contingent upon strikes,accidents or delays beyond our control. This proposal is valid for 30 days from the Owner to carry hail,tornado and other necessary insurance. date specified above ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified, Payments will be made as outlined above. Customer signature Customer signature PI328L PAGE: 1 F P O E N T R Y / R E C E I V I N G R E P O R T FPO NUMBER : F41683 DATE RECEIVED: 4/16/13 REMARKS : DIA RELEASE VAIL RUN RESORT PRJ10-0124 B10-0055 RECEIVED BY: CGG ENTERED: 4/16/13 9 : 21 BY: CGODFREY VENDOR: 0000001 - vail run resort INVOICE NLTMBER: 041613 INVOICE DATE: 4/16/13 INVOICE POSTED: 4/16/13 9 : 21 BY: CGODFREY PAYMENT DUE: 4/16/13 AMOUNT: $ 27936 . 48 ACCOUNT# PROJ# AMOUNT ITEM DESCRIPTION -------------- ------ -------------- ---------------- 00100002403300 $ 27936 .48 DIA RELEASE VAIL RUN RESORT PRJ10-0 -; � , . Town of Vail Department of Communify Development 75 S. Frontage Road Vail, CO 81657 Name: �( �v� �5���.. Receipt No. Address: �(�� (:DnS � _�_�P ll�! �'-n 81 to'�7—__ Project: ►4�/1�.�.-2�c�-t—� ��-�.�oc,5 Date�_/__�_/__f.�.— Please make checks payable to the TOWN OF VAIL Account No. Item No. Code# Cost Each Total 001 0000 314 1110 Address Maps ZA $5.00 * 001 0000 314 1110 Zoning Maps ZA $20.00 * 001 0000 319 4400 Custom Maps * 001 0000 314 1112 Other Code Books CB * 001 0000 314 1211 Blue Prints/Mylar Cop Fees BF $7.00 * 001 0000 3t4 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 Spec.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: . , p `all items charged tax .. . Comments: Cash Money Order# Check#�S"7 Receive Credit Card: Visa/MC Last 4 CC #'s Auth #: Name on CC � � ' f/cdev/forms/admin/sales_action_form_2009.x1s 4/2009 &t�i#�� ��'�. x��,�rr�'S`v* i' s� r k�`5��* r �r x- �` s� �z #q'^�a'�'.� >ar..„ ;�.A. s.�,��..»,a� �'���'.v=�.;rt,,,s�'��_,,.. ,� � � .� � ,�"'i�n,�. r�?� �..,;�g r �' 'k 4�: �.M; ���� �� . . Y'�1���r��y �,� �. �`j '� � ��' s� k ..s'�y�' Y S�3'��"~ � ;y��#'/'���� Town af Vail � � �� c>�v*�i#P 4',�"�i �f ��� y�r. _'t�i 14�V�1E�f 4�`;y���., � �� CUST�R RECEIPT +E+E� � r� Oper: AJAt�SZ Type: FB Drawer: 1 t�+�` Date: 3/89/11 01 Receipt no: 3431 ;�, ° �,� ,�,�:�,: y,�u , i Custo�er Location Na�e A�ount ��`� �' � °"0 �''' �� 2978 2989 B1@-8@55 VAIL Rt�l 1� �R� �ti .��' � AR-UEPOSITS ���� f27936.48 ��` � VAIL RL�I t�SDRTS PE�MIT#B10-�55 Tender detail � C�� 657 i27936.48 Tatal tendered fp7g3(,.q8 Tatal pay�ent f27936.48 Trans date: 3/08/il Ti�e: 11:50:39 THANK YOU FOR Y�JR PpYMENT! �3 �;� �����. ����w� �^ a a z r� 7a�