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HomeMy WebLinkAboutB10-0168 Developer Improvement AgreementReceipt funds to: Name: ? - *e, Mailing Address: ` o Zo 403 �[ t C-0 A l ."K 4� CASH DEPOSIT FORMAT Legal Description: Lot (R Bloc Subdivision: ' Address: 7,15 * ott.as yo, t kL.i �r A Developer: Permit Number: B10—CY1 to p, Project Number: Improvement Completion Date: DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this -5 - day of , 20_1_L by and among uZ lv`e (the "Developer"), (and the Town of Vail (the `Town "). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for ] - Zz>1. L o+ to , 'EM ocl— --9, '? R'S to- 0 oa l (address, legal description, and project number) wishes to enter into a Developer Improvement Agreement; and WHEREAS, the Developer is obligated to provide security or collateral sufficient in the judgement of the Town to make reasonable provisions for completion of certain improvements set forth in the attached estimated bid(s) in accordance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail; and WHEREAS, the Developer wishes to provide collateral to guarantee performance of this Agreement, including completion of the all improvements referred to in this Agreement, 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 $ L41 1 4SS - 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 _ day of , 20201 11 . The Developer shall complete, in a good workmanlike manner, all im rovements 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 $ < 5 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 \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 form at_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 foregoing Developer Improvement Agreement was acknowledged before me this Day of 20 11 by T (� Witness my hand and official seal. My commission expires a l a F( l X/ �— JACQUELYN RINDY NOTARY PUBLIC STATE OF COLORADO W 00MM"" ZOt5 Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowled ed, before me this Day of � GLC / 20� by I flit Witness my hand and official seal. My commission expires: /. l l C ! E 2 y l 0 N B�c� 2: �OZARV — `n = ary Public PUBO O s C OR CO F:\cdev\ FORMS \Permits\ Planning \Administrative_Actions\DIA cash format_5- 16- 2007.doc Page 4 of 5 ATTACHED COPIES OF THE ESTIMATED BID(S) �d, 3 3 - ro�� � Lt 1, q 5 5 - F: \cdev\ FORMS \Permits\ Planning \Administrative_Actions \DIA cash format_5- 16- 2007.doc Page 5 of 5 l g,, s a l �d, 3 3 - ro�� � Lt 1, q 5 5 - F: \cdev\ FORMS \Permits\ Planning \Administrative_Actions \DIA cash format_5- 16- 2007.doc Page 5 of 5 INCORPORATED Landscape Architecture 8r Construction Design Landscaping ' Irrigation Water Features Maintenance Snow Removal �.o P 2000 -2010 ANGELOVICH - DUNN RESIDENCE Forest Road Vail, Colorado Item Size TREES /DECIDUOUS $533.85 Quaking Aspen (collected) 3. Quaking Aspen (collected) $355.97 SPECIALIZED MACHINERY 22 Skid -ster hr Mini -x hr SHRUBSIDECIDUOUSIEVERGREEN 8 Tall Hedge Buckthorn 5 gallon Froebel Spirea 5 gallon Morden Centennial Rose 5 gallon Morden Sunrise Rose 5 gallon Ural False Spirea 5 gallon Pink Snowberry 5 gallon Purple Canadian Lilac 5 gallon Mohican Wayfaring Tree 7 gallon Slowmound Mugo Pine 10 gallon Dwarf Blue Globe Spruce 10 gallon TOTAL DECIDUOUS /EVERGREEN SHRUBS PERENNIALS Assorted Perennials (Based on 18 in. centers) 1 gallon GRADING Topsoil cu yd Compost/Bed Preparation cu yd IRRIGATION Spray Irrigation zones Rotors Irrigation zones Drip Irrigation zones SOD /SEED Bluegrass Sod sq foot Bluegrass Sod Prep sq foot Grass Pavers sq foot MISC. Soil Pep for Perennial Areas bags Siloam Stone Boulders (Approx 25) tons Stone Slab Steps 2 -3 foot Sanstone Stepping Stones 1 -2 foot Landscape Edging In ft Stake 'T' Posts /Straps 5 ft F.O. Box 3672, Avon, CO 81620 Phone (970) 748 -8461 Fax (970) 827 -5490 www.rmcl- usa.com Quanti 2 2 8 8 3 4 3 3 5 2 1 1 2 3 27 Total Bid $405.21 $512.36 $514.29 $680.00 $101.80 $120.06 $106.00 $106.00 $150.07 $67.87 $33.93 $81.58 $456.14 $696,80 175 $1,821.55 12 $533.85 5 $383.84 3 $3,037.07 1 $1,082.36 1 $1,082.36 2300 $1,498.61 2300 $427.31 875 $3,538.76 20 $198.20 25 $4,121.20 _ 3 $355.97 22 $472.48 130 $238.71 8 $109.01 $22,933.4 W � INCORPORATED Landscape Architecture 8t Construction Design ` Landscaping . Irrigation • Water Features Maintenance • Snow Removal , Fr lil i 1 P.O. Box 3672, Avon, CO 81 620 April 12, 2011 Phone (970) 748 -8461 Fax (970) 827 -5490 www.rmcl- usa.com Beck Building Company P.O. Box 4030 Avon, Co 81620 Re: The Angelovich -Dunn Residence Thank you for giving Rocky Mountain Custom Landscapes, Inc. a chance to bid on your project. We value the opportunity to help you with your - landscape needs. Rocky Mountain Custom Landscapes, Inc. is a Landscape Architecture design/build firm, specializing.in residential and commercial landscape construction. RM.C.L. has many years of experience in the design/build field with a Landscape Architect on staff who oversees work. Enclosed is an estimate, and material take -off for landscape installation according to the landscape plan. This estimate takes into consideration the following: ➢ Owner will provide and install irrigation taps, sleeves, backflows and electrical. ➢ . Rough grade should be no less than 1 /10 of a foot. All areas should have positive drainage prior to RMCL proceeding with final grade. ➢ If additional grading is required beyond the 12 yards it will be provided on a T & M basis. ➢ - The irrigation is based on the assumption of 16 GPM at 60 PSI. The location of backflow, mainline, control valves, lateral lines, and sprinkler heads were assumed. If these change so will the numbers in the irrigation bid as a result. ➢ This proposal includes Siloam boulders. ➢ RMCL has included perennials based on an 18 inch spacing. ➢ R.M.C.L will not warranty any Trees, Shrubs, Sod or any other plant material without any irrigation in place or if drought conditions do not allow watering. ➢ All trees and shrubs carry a one year warranty from substantial completion.. No guarantee on perennials. RMCL must maintain the property for the first year to keep' the guarantee. All bills must be paid on our terms to keep the warranty. ➢ This proposal does not include any demolition or protection to existing landscape or irrigation sytem. ➢ If a crane is needed, it will be provided on a T and M basis. Sincerely, Steve Bjurstrom Senior Project Manager Apr 11 11 11:16a Alpine Meadow Masonry 4. Pavers 5. Paver Edging 6. Landscape Sol Steps 7. Stepping Stones B. Fire Brick at Fire Pit 9. Angle Iron Support 1Q. Other work (if any) 970 - 926 -9333 p.3 Stone and Masonry Bidding Guide lines Page 3 of 5 square - 7 7 feet linear feet -7 linear / 0 feet square 1 15 - / feet '/ square Z 7 feet linear feet square feet The Subcontractor shall assign separate values for the following categories of work: 1. CMU $ 66 2. Stone Veneer $ 3. Stone Caps /Bench $ ^� �,o e - QUlt , 4. Pavers & Edging $ ✓ r 5. Landscape Solid Steps $ � 6 1 0 6. Stepping Stones $ 7 7. Fire Brick at Fire Pit �i � / $ 6 7 8. Angle Iron Support / 9. Other Work (if any) $ Total Price $ Lo dw� � » a In the event of additional or deleted work, provide unit pricing per C Opl square foot, lineal foot or piece. Any additional work or credit for work deleted will be based on these rates. These rates are to be inclusive of all material, waste, installation, supervision, markups, shipping, taxes, overhead, and p ~ofit. 1. CMU $ 2. Stone Veneer $ 3. Thick Pavers $ 4. Thin Pavers $ 5. Edging P/0 i `C. $ 3 / ! 6. Brick Fireplace Veneer (exterior) $ 7_ Other Work (if any) $ . ;neigh 8. Masonry waste 14ai-i1 t-i -� 6tt A • 01•P T. SF t 3 Tm7 j http: / /beckpm.beckbuilds.ccmfbeckpmJ dots /1 /invitationtcbidl 491 104 _Stone_a n d_ Masonr y_ BGI _ 3 _ 24 _ 11.doc Rev. 18 May 2006 Apr 11 11 11:16a Alpine Meadow Masonry 970 - 926 -9333 p.1 Beck Building Company Bidding Guidelines y�' 1 Stone and Masonry ANGELOVICH - DUNK March 24, 2010 Subcontractor shall submit a proposal for providing all labor and materials as required by and in conformance with the plans and specifications dated 3.16.11 for the Angelovich -Dunn Remodel. Unless noted otherwise, the Subcontractor shall include in his bid the following: 1. All stone work including exterior veneers, porch stone, exterior steps and patio pavers, mud -set work, sand -set work, spa C14U, caps, paver edging, stone support, stone veneer walls, mock up, site ligh-ing provisions. 2. Store type and pattern to match the existing driveway site wall. The co-or of the stone to be grayer. 3. Window :cell caps to be Colorado Buff Natural cleft - north & sout_; window we 4. Firepit fire brick_ lining to be running bond 5. stepping stones -o be Colorado Buff natural cleft random irreQular 6. CMU work 7. Paver work and edging. 8. Stone caps /bench - Contact Barbara Sepenzis at Decorative Materials - 970- 926 -2297. 9. Mock up. 1C. Provisions =or installing temporary step light blocking. 11. Winter protection and heat shall be by Beck Building Company. The Subcontractor will assist with maintenance of tenting and location of heaters. 12. Additives for cold weather installations if necessary. 13. Scaffolding shall be by Subcontractor. 14. All flashing, expansion joints and other accessories that are an integral part of the stone installation. 15. Stone veneer support shall be as indicated on the Construction Documents. 16. Masonry fireplaces with stone caps shall have a copper cap applied after the structural corner supports and water proofing are in place. This cap should be installed before the stone veneer is applied to the corner caps. 17. Where pavers are to installed on a sloping surface; verify that the style of paver and installation pattern is approved by the manufacturer. 19. All trash removal and final cleanup of scaffolding, planking and adjacent areas. 19. ( rPinforc;nq. groutinq and associated footings shall be as indicated on the Construction Documents. Apr 11 11 11:16a Alpine Meadow Masonry 970 - 926 -9333 p.2 Stcne and Masonry Bidding Guidelines Page 2 cf 5 20, For all CMU or other work requiring rebar verticals or horizontals, Subcontractor to furnish, install, and maintain Cal - OSHA style rebar caps (square, flat tops - not domed) as required for safety, for the duration of their work. 21. Stone sealers shall be required as indicated on the Construction Documen -s. Horizontal stone caps shall be sealed and all exterior locations. 22. General Contractor shall provide plywood arch forms. Subcontractor shall install. 23. Trash removal and final cleanup. Subcontractor shall provide an estimate of the weight for -he waste (based on the square footage of masonry for the project) to be hauled off. Subcontractor to provide total square footage of stone and weight of waste material. 24. Final cleaning /sealing of all masonry work. 25. Sample boards for Architect /Owner approval. 26. All work to be done in accordance with current OSHA safety standards. Subcontractors shall submit a written safety program and hazard communication program to the project coordinator upon start of the work. 27. Subcontractor shall submit to the Project Coordinator Material Safetv Data (MSD) Sheets on all products and materials he is providing for the project before beginning work. These MSD Sheets shall be site specific. 28. Subcontractor shall provide a one year warranty on all work from the date of the project's temporary certificate of occupancy unless the construction documents call for a longer guaran -ee period The Subcontractor shall bid a complete installation. onission off minor details from the Plans and Specifications shall not relieve the Subcontractor from providing all labor and materials necessary for a complete installation. The Subcontractor shall indicate in his proposal the length of time to complete the work in each of the following categories: The subcontractor shall provide quantitie for the following items: 1. C)IIU 2. Stone Veneer square 7 G S - days 1_ CMU feet square '._ days 2. Stone Veneer , 3. Stone Caps /Bench `1 S days days 4. Pavers & Edging L days 5. Stone Landscape Steps J 6. Other r wo=k (if any) �rrt DrrC 1� 5 f� 1 1*.%5 days The subcontractor shall provide quantitie for the following items: 1. C)IIU 2. Stone Veneer 3. Stone Caps /bench 5uk ( ' , A V`� �CCcr�� "'t r _2 '� feet http /beckp /beclpTr. /dots / /_ nvitationtobid/ 491 /04 Rev. is may 2006 square 7 G S feet square { feet square 3. Stone Caps /bench 5uk ( ' , A V`� �CCcr�� "'t r _2 '� feet http /beckp /beclpTr. /dots / /_ nvitationtobid/ 491 /04 Rev. is may 2006 . _, town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name: 6 Receipt No. GZ`I�3 Address: pa Bex i1y3v U� �. &0 g /(58 Project: Sl0 -a/GS io- Date zs 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 /M lar Copy Fees BF $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. IMS 001 0000 312 3000 Contractors License Fees CL 001 0000 240 3300 Developer Improvement Agreement Deposit D2 -DEP10 AD q1 yss 00 001 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: i yss ao F * all items charged tax Comments: Cash Money Order # Credit Card: Visa /MC Last 4 CC #'s Auth #: Check # /9 ?6z Received ,8W� Name on CC �? a90s f /cdev/ forms / admin /sales_action_form_2009.xis 4/2009 Town of Vail CUSTOMER RECEIPT* Oper: AJANUSZ Type: F9 Drawer: 1 Date: 5/26/11 01 Receipt no: 7308 Customer Location Nave Amount 2985 2996 BIO -0168 BECK BUILDI AD AR- DEPOSITS BECK BUILDING COMPANY $41455.00 PERMIT11B10 -0168, REC #62473 Tender detail CK CHECK 19902 $41455.00 Total tendered $41455.08 Total payment $41455.00 Trans date: 5/26/11 Tive: 11:53:17 THANK YOU FOR YOUR PAYMENT! PREPARED 8/26/11, 10 :11:47 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 --------------------------------------------------------------------------------------------- ----- ------- --- ------ --- --- - -- — - - - - --- 2985 BECK BUILDING COMPANY D2 DEP10 Dep- Developer Imp Agrmts 5/26/11 8/26/11 41455.00 41455.00 41455.00- .00 - ----- - - --- -- ---- -- -- --- -- ----- --- ----- --- ---- - ----- TOTAL FOR CUSTOMER TYPE: D2 41455.00 41455.00 41455.00- .00 GRAND TOTAL: DEPOSIT COUNT: 1 --- ---- - --- -- -- --- -- -- - --- - ---- -- - -- - -- -- ---- - - ----- ------------- --- --- - --- --- ----- ---- ---- ------ -- - -- -- 41455.00 41455.00 41455.00- .00 G/L BATCH CREATED: BATCH -02577 2011/08 USERID- JLOVATO AP HELD COUNT- .00 AMOUNT- 41,455.00