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Home My WebLink AboutB10-0330 Developer Improvement AgreementPREPARED 6/27/11, 16:26:02 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 ----------------------------------------------------------------------------------------------------- ----- -- ----------- -- ----- - - ---- 2970 NEDBO CONSTRUCTION D2 DEP10 Dep- Developer Imp Agrmts 1/20/11 6/27/11 4250.00 4250.00 4250.00- .00 ------- - - ---- ------- - - ---- ----- -------- ------- - - -- -- TOTAL FOR CUSTOMER TYPE: D2 4250.00 4250.00 4250.00- .00 - --- --- - - -- -- ------- - - ---- ------- - - - - -- - - - - - -- GRAND TOTAL: 4250.00 4250.00 4250.00- .00 DEPOSIT COUNT: 1 G/L BATCH CREATED: BATCH -01906 2011/06 USERID - JLOVATO AP HELD COUNT- .00 AMOUNT- 4,250.00 Receipt funs to: Name: ^s Mailing Address: a.(� rfl 8l(oS$ CASH DEPOSIT FORMAT Legal Description: Lot S -P (o loc Subdivision: h.r S ` Address: 1 1 - 719L Me.AcO ne Developer: AJeJ {,, C,,As -f_ Permit Number: 1310 -D370 Project Number: PRT Q - 05q Improvement Completion Date DEVELOPER IMPROVEMENT AGREEMENT ti J THIS AGREEMENT, made and entered into this Iq 4f day of Ili r , 201 by and among A bo ConS-frkc -tan (the "Developer "), an the Town of Vail (the "Town "). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Oc,pygancy for _LI'7q2, Me Aaj Lane . Lot 26 , 61k - 1, K 5" S s- (address, legal description, and project number) wishes to enter into a Developer Improvement Agreement; and WHEREA , th ev er is oblijated o provide ty or col teral suffi ' nt ' the judgement of the own ma easonable pro rftislor Com o ce, a' s t forth in the attac ed inmt ) in accordance` with the p d I s filed in the office Community Development Department o th o all; and WHEREAS, the De oper wisb~ vide Itferred ral to guaran e perf or ance of this Agreement, including com ti th al mpr %me s to this gree n 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 $ `16150. oo 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 a,. , 20 11 . The Developer shall complete, in a good workmanlike manner, all improvennefits 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 h v-- 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 $ L4 , 0 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. 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 �n 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. R e✓no,;n;n or�C P a� L�GI✓1d S ca� i n q _ J �ev r �a �i0 ✓� o� Uis�utLed betS Sk Work at� at asq uaa,t;�.i F:\cdev\ FORMS\ Permits \Planning\Administrative _Actions \DIA cash form at_5- 16- 2007.doc Page 3 of 5 YU Dated the day and year first above Developer STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) T?�oregoing De loper Improvemen Day of r Witness my My commission expire STATE OF COLORADO COUNTY OF EAGLE hand and )ss. t Agreement s acknowledgeo acknowledge be re me his 20L_4 by The foregoing Developer Improvement Agreement was acknowledged before m this I_ Day of �_,. c 20 f I by l AS .�e - Cam �p Witness my hand and official seal. My commission expires: ° N O Tq • ••��, Notary PUbIIC , %O x —n��p4PO�� - �c. F: \cdev\FORMS\ Permits \Planning\Administrative _Actions \DIA cash format_5- 16- 2007.doc Page 4 of 5 V---- L 6s.,6�— -"&-, Town Planner Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 L ( q Name: \ Cy- �D t Receipt No. Address: I Project: Date 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 Copy Fees BF $7.00 * 001 0000 31 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 1 0000 201 1000 Taxable @ 4.4% (State) - Tax payable TP 1 0000 310.1200 Taxable @ 4% (Town) - Retail Sales Tax T7 TOTAL: * all items charged tax Comments Cash Money Order # Credit Card: a /MC Last 4 CC #'s Auth # Check # '� Received L - Name on CC f/ cdev / forms/ admin /saIes_action_form_2009.As 412009 y. N fy -4. Bill G ibson From: Bill Gibson Sent: Thursday, May 26, 20118:18 AM To: 'Rollie Kjesbo'; Warren Campbell Subject: RE: Teets DIA / elp, 05?0) Hey Rollie, As you requested, we will extend the expiration date of this developer improvement agreement to July 1, 2011. Sincerely, Bill - - - -- Original Message---- - From: Rollie Kjesbo [mailto:rollie @nedbo.com] Sent: Thursday, May 26, 20117:26 AM To: Bill Gibson; Warren Campbell Subject: FW: Teets DIA Bill and Warren Thank you for the calls on the DIA, we will have to extend the DIA until July 1st if possible due to the weather. Rollie Nedbo Construction Roland J. Kjesbo President 970 - 977 -0268 Cell 970 - 845 -1001 Office - - - -- Original Message---- - From: Rollie [mailto:rollie @nedbo.com] Sent: Thursday, January 20, 201111:57 AM To: Rollie Kjesbo Subject: Teets DIA This E -mail was sent from "RNPABIAIA" (Aficio MP 2510). Scan Date: 01.20.201113:56:50 ( -0500) 1 Town of Vail e CUSTOMER RELLIPT eef Boer: AJANUSZ Type: FB Drawer: 1 Date: 1/28/11 01 Receipt no: 1029 Customer Location Name Amount 2978 2981 PRJ18— V)49,NEDBO CON P6 AR— DEPOSITS 14250.00 NEDBO CtlN:3TR. PRJIO -0549 Tender detail CK CHECK 37414 $4250.08 Total tendered $42W.00 Total payment $4250.00 Trans date: 1/28/11 Time: 12:44:15 THANK YOU FOR YOUR PAYMENT! Bill Gibson From: Bill Gibson Sent: Thursday, May 26, 20118:18 AM To: 'Rollie Kjesbo'; Warren Campbell Subject: RE: Teets DIA Hey Rollie, As you requested, we will extend the expiration date of this developer improvement agreement to July 1, 2011. Sincerely, Bill - - - -- Original Message---- - From: Rollie Kjesbo [mailto:rollie @nedbo.com] Sent: Thursday, May 26, 20117:26 AM To: Bill Gibson; Warren Campbell Subject: FW: Teets DIA Bill and Warren Thank you for the calls on the DIA, we will have to extend the DIA until July 1st if possible due to the weather. Rollie Nedbo Construction Roland J. Kjesbo President 970 - 977 -0268 Cell 970 - 845 -1001 Office - - - -- Original Message---- - From: Rollie [mailto:rollie @nedbo.com] Sent: Thursday, January 20, 201111:57 AM To: Rollie Kjesbo Subject: Teets DIA This E -mail was sent from "RNPABIAIA" (Aficio MP 2510). Scan Date: 01.20.201113:56:50 ( -0500) 1