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HomeMy WebLinkAboutB08-0072 Development Improvement AgreementReceipt funds to: + f Name Mailing Address: ` Z CASH DEPOSIT FORMAT Legal Description - Lot 11 BI Developer: Permit Number: - v Project Number: P PLY 07 — b Improvement Completion Date: S DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, de a entered into this �L day of :T1wV e , 20 Q. by and among (the "Developer"), and the Town of Vail (the "Town "), WHEREAS, the Develo er, as a condition of approval of the Temporary Certificate of Occupapcy for ;I w kt� to 8 ; ,-L SIA- (address, legal description, and projecf number) wisl6es 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 $ as collateral for the completion of all improvements refer ed 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 Develo r gre to c mpiete all improvements referred to in this Agreement on or before the _ day af� I 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 Permits\ PlanninglAdminialrative _ActionslDIA 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 � as collateral for the completion of all improvements referred o 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 farm 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. 5. 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: 1c devIr0RMS1Pern* sManninglAdminisIrafive _AcHonslolA 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 -14 (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: ledevlFDRMSIPermitslPlanningLAdministrative _ActionslDIA rash form at_3-16- 2007.doe Page 3 of 5 Dated the day and year first a STATE OF COLORADO COUNTY OF EAGLE Th foregoing Developer Improvement Agreement was acknowledged before me this JLi_ Day of c:- �ti- ��- _ -c�.� , 20i)� by Witness my hand and official seal. My commission expires 4_�, r C'o Notary Public �«auti t � i � n+n rrr ���E GA►yAQ,�� :.SO # AF PUBLIC; 0 - � • • ►•r On+Cr0+LO�ol�` 7 i o anner STATE OF COLORADO ) }ss. COUNTY OF EAGLE } The foregoing D vel r Improvement Agreement was acknowl dged before me this Z,�L Day of -+�-�� , 20_2a by v2fi_ c- _, (. Witness my hand and official seal. My commission expires: �`' t V Notary P blic !00NNE C q� NO ; c A s �� B� IC 0 FAcdevAF DRY S% Permitsl PlanninglAdministrative _ Actions\DIA cash formal_5 16- 200T.doc Page a of 5 ATTACHED COPIES OF THE ESTIMATED BID (S F-lodevlFORMSIPermitslPlanning \Administrative ActionskD1A cash formal_5- 16- 2007.doc Page 5 of 5 ?LATH CONST. INC 725Cbambers Avenue Suite #14 & 13 P.O.Box. 3367 Eagle, CO 8 1631 Revised Rootling Proposal Page I of 6 V; 9Ill -UM -]J 1J t': J lv- 3 LU subm}aad w: Phone: pate: Mark Hallenbeck 4764458 43128/08 Job Name: Bridge Street Bnlidiug Job Address: Architectldele of plans: We hereby propose to furnish all labor and material needed to perform the roofing or Waterproofing specified below and on attached sheet(s). Attached s heets ) arc a pert of this proposal. Unless otherwise specified, the following conditions shall apply: l) Any guarantee offered, shall not be vAhd until the Mritract price is re in full. The guarantee will be retroactive to the last day that Plath Construction worked on the job. 2) Building permit and dumpsmrs are not included in our price, unless specifically mentioned in the attached specifica(ions. 3) Only ftashings which are required to complete our portion of the work are included in this proposal. 4) All material is guaranteed to be as specified. 5) All work shall be completed in a workmanlike manner according to specifications submitted. Any dtviation from written specif Gallons shall be made only upon written orders and shall become an extra charge over and above the contract price_ 6) All our workers are fully covered by Workman's Compensation Insurance. 7) This bid m� be withdr8wn if not_acc�ted within 30 days. �_ _ _�` We hereby propose to furnish all material and labor complete in accordance with aboveJattached specification, for the sum of See Attached sheet fgE #11 1prices/options- - — DOLLARS $ _ See attg&hed , Payment to be as follows: _ M oA= g pqgw ress a man bifted OX the 1 t_ working of each month. , Authorized i nature, Platte C onstructio n nc.• Acceptance of Proposal: The above/attached prices, specift o ; and ions are satisfactory and are hereby accepted. You are authorized to do th w r i i nt will made as o lined above. Authorized SEgnarare, Owner orAgew: d * Return one signed copy to oarr office. Date Z0 39tld I3d 9Z998ZE04 6 LE :6 Z e00z lei; IE8 Page 2 of 6 March 27, 2808 Revised Roofing Specification for Bridge Street Building 1. Pty ]FACE: i All specifications and ppricinV are based on drawings sp ecificatio ns dated, 03/03/2008 2 Buildi% permit is excluded�orn this proposal and to be provided by the General Contractor. 3 The 1/8 srcel glare at the top of the chimneys is excluded from this price, 4 The DaVinci Shakes will snow fence or snow clips where sliding snow from the roof could cause personal injury or property damage. The style of (clips or snow fence) needs to be determined as do the locations. S] Tear off at new roof area is excluded from this price and to be done by others. It. TEAR OFF / MLSC1EiLLANEOUS: Locations: a The existing (3112) pitched roof locations. b� The existing tower roof, S ec1111 "bona as Eep ows 1 Tear ofl~ existincedar sh fin ake roo , felts and flank and re=ve all debris from the site. Plath onstruction will thepbsite as c cart as possible and practical during the constrwction, and a thorough cleaning of Plath s work areas will be performed upon cornplation. Plath Construction will take all reasonable precautions to protect the interior of the building from water and weather. 21 Inspect the plywood for water damage, and replace as needed. *# This work, if required, will be an additional ebar a over and above the contract price, and will be charged at the rate of S 3.80 per square foot per layer. No additional charges will be incurred without prior notification of, and authorization from, the owner or owner's agent. ** Price ror Section 1I: included In the Section III price below Exclusions and Qualifications: I ] Added costs for working under adverse winter conditions is excluded from the base bid, Please see option #1 for pricing on this item. III, IDRY - tN 1 DAVINCt SHA KE/ 15 OUNCE COPPER FLAMM: Locations: a] The existing (3112) pitched roof locations. b] The existing tower roof. S ec' lficaI ti ns race as ra llow9: nd I fnstal "G" ic a Water Shield over entire pitched roof area according to manufacturer's specifications. Extend membrane up walls a minimum of 12" at root-t6-wall junctures. Use mastic as needed. 2 Install a layer of Versa- Shield over the Grace Ice & Water shield, to achieve a class A roof system. Extend the Vasa - shield up walls a minimurn of b" at roof- to-wall junctures. 3] Insrall DaVinci Shake, with laced 18 ", # 30 felt each course. The DaVinci Sakes will be installed, accordi.n manufacturer's anufacturer's specifications. Use starter and hip- and -ridge shingles as needed. The DaVinci hake will be installed in a standard pattern and 10" reveal to the weather. Color will be selected from the manufacturer's standard color chart. 41 install 16 Ounce Copper Flashing as needed, including, step and endwall flashing. Instal! 16 ounce copper drip edge at all eave and rake, edges. S] Install 24 gauge pre- finished metal flashing underneath a[] hip & ridge locations, 6] Install 1 Ounce copper Counter- flashing at all c h imney curb locations. Price for seetion It & 111: 539,490.04 Exclusio s and ppvallfledtion : 1 ] AddeY" -foci working under adverse winter conditions is excluded from the base bid. Please see op tion #1 for pricing on this item. '�LtS� fvt! {�tr4 t�, Catrt! I�tS T 5l �j E0 3Ddd I3d GESS2ZE0Z6 LE =61 8002 /8Z /E0 49784b12.nty BUILDERS CORPORATION 1/ 18/2008 Chief Building Official 1'oW11 orvail 75 South Frontage Road Vail, Colorado 81657 To whom it my concern, Here is a list of items that will not be completed before a request of a TCO: Page 2 of 3 1. Reroofing the existing (3 1l7) pitched roof over the residential area and tower roof. This work will start right after ski season and be completed by the end of May pending weather, Cost of project: Plath Construction Inc. will do this work. >�A Oct O49� 1 East basement stairwell railing will be completed in the next 7 weeks [Ternporary railing is in place], Cost $1,500.00 Highland Builders is doing this work. Total cost of work to completed: , �qDl5gt) K 1 a..5 So qs If you have any question, please call my cell phone. (719) 499 -9748. Mark Hallenbeck https:llma i l .vai l gov. eomlgwlwebacclgw5 hgcZp5 k t5 hl4Gg5lG WAPIA REF13?acti on °A lta... 01/22/2009 49784bf2.nty 1 4is_ "IIld htliliftr , �.k olII Page 1 of ; https:llmaii.vailgov. / gw. /webacclgw5hgcZp5kt5hl4Gg5lG Va`AP!AREF /3 ?action = Alta... 01/22/2009 Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name: vaLIC t c c Receipt No" V 6 " Address: Z 0 - - -- Project: Late— 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 Cop Fees BF $7.00 001 0000 314 1111 Xerox Copies xC $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 001 0000 312 3000 Contractors License Fees - RENEWAL CL 001 0000 240 3300 Developer Improvement Agreement Deposit ❑2 -❑EP10 A❑ (} So 0( — ` R SA 0{ MS 11 J yW s s . .. .. rr Y.' p. R• +n 17 1v � Ms MS r �? T .w X Cr n r- M5 C t 6• x' r .f _ T n r,, - MS r c •S r r; ri U6 3� "'• M S �J f r 'i I71 rya r'r 00 r I m +n m C7 n4 TP r rrl T7 00 c ' 3 ea n rp TOTAL.: 50 .5a rr• � 1 - r if Lrr [j? •.i +L +Sr. -i -i of c r_n r_r r w r n _i s , * c Comments Cash Money Order # Check #— f 3 � ­ t T Received L c- Credit Card: Visa 1 MC last 4 CC #'s Auth #: Name on CC