HomeMy WebLinkAboutB10-0224 Developer Improvement Agreement (returned)�QAN
CASH DEPOSIT FORMAT
Receipt f nds to: Legal Description: Lot ,Bloc
Name: �MS�►% Ok. UC Subdivision: 61 V; Ir
Mailing Address: 09 ro Address: 63 E .a
d . W. 1* J Develope &,,k- Woo
Co 3 14,57 Permit Number: D -Oc2o?
Project Number: J_ 10 - 0XI1
Improvement Completion Date: JI 1, Q 11
DEVELOPER IMPROVEMENT AGREEMENT
+IV
THIS AGREEMENT r ` made a d entered into this 1J day of b ] _,20
by and among `a- i3O0o (Q Lk Woo ) (the "Developer "), and the Town of
Vail (the "Town ").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for Sy t , oi:�cA cA Hlibc.&i ; zoo t; )'ne. -„dpa) ,inn. I `f I#5
(address, legal description, and project number) wishes to enter into a Developer Improvement
Agreement; and
jud
for
file
WHEREAS, toper is obl� ated to provide security or collateral sufficiqDt in the
eloe T e reason a provisions for completion of gain impr a nts set
tached timated bid(s) i ccordance with the rov p s and ec a
llp. tions
i f the ommunity De to nt Departmgnt of the Towrt o Vail;, an
ti REAS, the D eloper wish,, o provide,,,collateral to guarantee performance of this
lent, inc ing comion of the a I improvements referred to in this Agreement, by means
�Ilow
The fVeloper agrees to est lish a cash deposit account with the Town of Vail, as
escrow agent, in the amount of $ 530 2 - • 50 as collateral for the
completion of all impiovements 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 / -S T
day of �(< V , 20 1 1 . The Developer shall complete, in a good workmanlike
manner, all impr vements 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 cash deposit account with the Town of Vail, as escrow agent, in the amount of
$ Jam✓' b2.50 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.
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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.
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Dated the day and year first above written.
D per
STATE OF COLORADO )
)Ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me Ois
Day of , 201 I by e U �-
Witness my hand and official seal.
My commission exp
(NNE CAMPBEI
NOTARY PUBLIC
STATE OF COLORADO
COUNTY OF EAGLE
MY COMMISSION EXPIRES 4J� 1_ 19/
Nota Public
R
To n Planner
)SS.
The foregoing Developer Improvement Agreement was acknowledged before me Is
> Day of 20[ ( by lxS �/��`
Witness my hand and official seal.
My commission
N01ARY PUBLIC
ATE OF COLORAI
�y MY COMMISSION EXPIRES 409/2015
Notary Public
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ATTACHED COPIES OF THE ESTIMATED BID(S)
F:\cdev\ FORMS\ Permits\ PlanninglAdministrative _Actions\DIA cash format_5- 1 6- 2007.doc Page 5 of 5
Warren Campbell
From: Steve Elicker <steve @srebuilders.com>
Sent: Thursday, May 05, 2011 1:38 PM
To: Warren Campbell
Cc: rickwoo168 @yahoo.com; roland @srebuilders.com
Subject: RE: Woo Restaurant TCO
Warren,
See pricing and comments below. The total cost of the DIA will be $5362.50. Where should Rick drop off the payment?
Thanks,
Steve Elicker
SIRE Builders, Inc.
970 - 376 -1536 cell
970 - 748 -6452 fax
www.srebuilders.com
From: Warren Campbell [mailto:WCampbell @vailgov.com]
Sent: Thursday, May 05, 20118:51 AM
To: 'steve @srebuilders.com'
Cc: JR Mondragon
Subject: Woo Restaurant TCO
Steve,
As discussed prior to issuing a TCO for the restaurant a Developer Improvement Agreement will need to be submitted
for all the remaining incomplete work. The DIA is required to be in the amount of 125% of the estimate remaining work
costs. The CAS Deposit DIA is attached for your convenience. Also as discussed, there was a DRB hearing held yesterday
afternoon with regard to several elements of the project which were not constructed per the approved plan.
The DRB has required that the new fence /railing on the patio shall match the existing railing including the grape vine
detail. $2000
The metal door to provide access to the rooftop mechanical shall have a piece of brown (color to match the brown
details on the building) flat metal installed behind the black metal door that was installed. $90 We have the panel and
will install next week.
The mechanical on the roof that was to have a stucco shroud detail but ending up having a wire metal mesh detail shall
have the %2 inch mesh shown to the DRB install and the new mesh and the mushroom mechanical venting shall be
painted to match the existing stucco color. $200 The smaller mesh will be used.
The heated paver walk leading from the rear door to the existing walkway needs to be install to match the existing
pavers and have the vegetation installed.$2000
The meter enclosure located under the pedestrian bridge on the north side of the building shall be redone to match the
existing materials on the structure. This was an existing meter that was never touched during construction.
Regards
Warren Campbell, AICP, LEED AP
Chief of Planning
Community Development
PREPARED 9/07/11, 19:32:15 DEPOSIT REFUND REPORT - UPDATE PAGE 1
PROGRAM MR415U
Town of Vail
-------------------------------------------------------------------------------------------------------------------------
CUST-ID CUSTOMER NAME TYPE
CHARGE DEPOSIT DEPOSIT -ADJ ADJUSTMENT AFTER - REFUND
-- - CODE DESCRIPTION TX -DATE AJ -DATE AMOUNT AMOUNT AMOUNT AMOUNT
--------------------------------------------------------------------------------------- -- --- ------- ------ -- -- - - -- --
2982 SUSHI OKA LLC D2
DEP10 Dep- Developer Imp Agrm[s 5/09/11 9/07/11 5362.50 5362.50 5362.50- .00
- --- --- -- -- -- ----- -- -- ---- --- ---- - --- -- -- ----- ---- --
TOTAL FOR CUSTOMER TYPE: D2 5362.50 5362.50 5362.50- .00
---- --- - -- --- - ---- -- - ----- --- -- --- --- -- --- ---- - -- - --
------------- ------- - - - - -- --- -- -- --- - -- - ----- --- ----
GRAND TOTAL: 5362.50 5362.50 5362.50- .00
DEPOSIT COUNT: 1
G/L BATCH CREATED: BATCH -02716 2011/09 USERID- JLOVATO AP HELD
COUNT- .00 AMOUNT- 5,362.50