HomeMy WebLinkAboutB09-0060 Developer Improvement AgreementPREPARED 2/19/13, 8:44:41 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
---------------------- — -- — ------------------------- ----------------- — — - — ----
3022 GEORGE SHAEFFER CONSTRUCTION D2
DEP10 Dep-Developer Imp Agrmts 2/23/12 2/19/13 3299.35 3299.35 3299_35= _00
----------- -----------
TOTAL FOR CUSTOMER TYPE: D2 3299.35 3299.35 3299.35- .00
GRAND TOTAL:
DEPOSIT COUNT: 1
G/L BATCH CREATED: BATCH-00513
----------- ----------- --------- -----------
----- — ------ ------------- -- — ----- — — ------------
3299.35 3299.35 3299.35- .00
2013/02 USERID-JLOVATO
COUNT- .00
AP HELD
AMOUNT- 3,299.35
Receipt funds to:
Name: G„c rr
Mailing Address:
P n Rnx � 7 "�
Vai 1 C'll R1 (,�,R
CASH DEPOSIT FORMAT
Legal Description: Lot � 1 01 0 5 3 01 0 0 361ock
Subd'ivision:�= rac7r71 P C'rPPk FGtatP�
Address: �� u�����g�y
Developer: c�,Srr
PermitNumber: una_�tin
Project Number: �g�n� _�r4
Improvement Completion Date: 5,�,, i� ��� � n 1 2
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 21 day of. February , 201 2,
by and among r�A�T �offA,- r�n��r„��; �n(the "Developer"), and the Town of
Vail (the "Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancyfor 1082 Riva Glen, Spraddle Creek
Parcel#210105301003 Permit#- 809-0060
(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 own to k sonable provisio for com of rtain improvements set
forth in the ache estim bid(s) in ce with th p ed ans and specifications
filed in the ffice of e Co ity Developme �partment o e�yvn f�d��
' • ��
WHE S, the Developer wishes to provide collateral to guarantee performance of this
Agreement, includin co pletion of the all improveme s referred to in this Agreement, by means
of the following:
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The Develo er agrees establish a cash deposit acc unt wi e Town of Vail, as
escrow agent, in the amount of $ _3299 �35 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 fotlowing 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 Ju y 1 5 , 20 1 2. 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
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Page 1 of 5
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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
$�� A� �� as collateral for the completion of all improvements
referred to m 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 spec�ed 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 thereo� 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.
STATE OF COLORADO
COUNTY OF EAGLE
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Thesoregoing D veloper Improvement Agreement was acknowledged before me this
�� Day of -�,r , 20� by (�.e.�n �S �'lorti,D��r1
Witness my hand and official seal.
My commission expires ' � -`�- �v 1 �
STATE OF COLORADO
COUNTY OF EAGLE
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Notary Public
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Town Planner
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My Commission Expires 04/05/2012
The foregoing Developer Improvement Agreement was acknowledged before me this
�Day of -�p,,h�Jc. �� , 20J� by LJ� � �i c,-,. , �� �,5 ��
Witness my hand and official seal.
My commission expires: , �Z�
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ATTACHED COPIES OF THE ESTIMATED BID(S)
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Pristine
Landscapes
970-376-7143
Job Name:Repair Work
Item
Ground Cover
Perennials
Globosa Spruce
Soil Conditioner
I rrigation
Labor
Delivery
Dump
Terms 8 Conditions
Quantity
1
10
2
1
1
18
1
1
Pristine Landscapes
PO Box 9015
Avon, CO 81620
970-376-7143
pristinealpine(c�hotmail.com
S ize
F15
1 gal
6 gal
total
zone
hours
total
total
Vecellio Residence
c/o Dennis
1082 Riva Glen
Vail, CO 81657
Cost
$ 55.00
$ 9.00
$ 125.00
$ 45.00
$ 185.00
$ 40.00
$ 85.00
$ 30.00
Tax
Sub Total
Sub Total
$ 55.00
$ 90.00
$ 250.00
$ 45.00
$ 185.00
$ 720.00
$ 85.00
$ 30.00
$ 6.38
$ 1,466.38
1.Pristine Landscapes warranties all live products for up to three years from the day the work is finished
only if landscape, hardscape, and irrigation materials are purchased through and installed by Pristine
Landscapes.
2. We cannot be held responsibie for any damage caused by nature such as hail, cold temperatures, snow,
winds, animals or any otherActs of God.
3. We cannot be held responsible for any plant material if another company changes or aRers the irrigation via
the clock, sprinklers, lines, etc.
4. This price is good for 30 days from submission, assuming that the conditions are
the same as when the estimate was given, othenvise additional costs will be billed out as time and materials.
5. Any changes from the contract can change the price and therefore a change order will need to be signed.
if a change order form isn't signed just be aware of a possible price difference from the contract.
6. A deposit of 60% is required to start the job. This 60% helps to cover material and labor during the work.
7. While we are working all accounts are due 8 payable 15 days after the date of invoice.
The last week of work will be billed out and will be due & payable 30 days after the date of invoice. Past due invoices are subject to
Interest at the rate of 3.0 percent per month (36% annum) applied to the principal monthly plus any costs of collection, including attorney's fees.
8. If all payments are not made in the time specified in number 7 we will not continue to monitor the work and upon
10 days after the initial 30 days has passed all warranties are void 8 payments are still due.
9. By signing below you agree to the contract 8 are acknowledging that you fully understand all terms and conditions stated above.
Signatu
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Town of Vail
Department of Community Development
75 S. Frontage Road
Vait, CO 81657
Name: ('�ca��,tc�c- Cm�Sdru�.f.�, ReceiptNo. �Z�57
Address: Pa Qvx 3�? �/aTLe g/��_
Project: P2Sd 8� vy� y �o`j-�b Date Z/ Z Z /��`
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 319 3100 Postage Revenue
001 0000 314 1112 Other Code Books - CB
001 0000 314 1211 Blue Prints/Mylar Copy Fees BF $7.00 "
001 0000 314 1111 Xerox Copies XC $0.25 '
001 0000 314 1212 Digital Records - CD/Jump Drive $60.00
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 S.
001 0000 312 1000 Restaurant License fee (TOV) RL
001 OOOQ 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
OC1 0000 201 1000 Taxable @ 4.4% (State) - Tax payable TP
001 000 310 1200 Taxable @ 4% (Town) - Retail Sales Tax T7
TOTAL: 3 Z �j. SS�
' all items charged tax
Comments:
Cash Money Order #
Credit Card:
VisalMC Last 4 CC #'s
Check # /o�/'k1�v Received
Auth #: Name on CC
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Town of Vail
�*� CI�ST(1MER t�CEIPT +�
Oper: AJAPR.i5Z Type: FB �raHer: 1
Date: 2/23/1� 01 Receipt no: 2765
Custo�er Location Na�e A�ount
3822 3833 B09—�68 t�OR6E SNAE
� . AR—DEROSIT5
GE�RGE SFiAEfFER f3299.35
PERMIT�a09-0�60,REC�6P957
Tender detail
CK CF�t;K 184948 i3c"39.35
Total tendered f3299.35
Total pay�ent sy�yy.�
Trans date: 2/23/12 Ti�e: 9:50;s'6
THAh1K YOU FDR YOUR PAYI�ENT!
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