HomeMy WebLinkAboutPRJ07-0004 DIA refund.pdf PREPARED 7/OS/12, 8:21:08 . . 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
� 2890 LION SQUARE LODGE��ASSOC INC D2 � � �. �� � �
DEP10 Dep-Developer Imp Agrmts 7/14/09 7/OS/12 58150.00 58150.00 � 58150.00- .00 �
. . . . ------------- ----------`-- -------------'� ------------- �
TOTAL FOR CUSTOMER TYPE: D'1 . 58150.00 58150.00 58150.00- .00 �
� ------------- ------------- --—--------- ------------- �
GRAND TOTAL: � � 58150.00 58150.�0 �.- 58150.00- .00 � �
DEPOSIT COUNT: 1 � � �
G/L BATCH CREATED: BATCH-02175 2012/07 USERID-JLOVATO AP HELD �
COUNT- .00 AMOUNT- 58,150.OG �
�
CASH DEPOSIT FORMAT
Receipt funds to: I 1 /� - Legal Description: Lot ,Block
Name: �„ion SQ�G I.Ada� t'J�SoC��c. Subdivision: 1„
Mailing Address: Address: W
�.LD . �.i acc Developer: • L„o
` . GO �165`� Permit Number:
�f� � Project Number: -
e�on y�7"YY� Improvement Completion Date:_ ��. s o�a
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, ma e and enter d into this�day of J t�nc , 20�
by and among �,.;On S4ua� .,D�a-e Co��lsac.T.nc(the "Developer"), and the Town of
Vail (the "Town"). ��
WHEREAS, the Developer, as a condition of approval of the Temporary Certif� ate of
Occupancyfor �...�r�n $r�,�e L.o�ae '{��1aSe 1„ a-� �� l�. �.ions�►��acc
(address, legal description, and project number) wishes to enter into a Developer Improvement
Agreement; and
W REAS, eveloper ' ated to prov' urity o collateral sufficient in the
ju ement the T to make reasona e ovisions f mp �on � i ro ents set
fo in th ttach e �r�ated bid(s) i �ance wit t rov �a i ' tions
file ofFi�e of e mmunity Deve p nt Depart n T f I;
WHEREAS, the Developer wishes to provide collateral to guarantee performance of this
Agreement, inclu ing mple ' of the all improvements referred to in this Agreement, by means
of the following:
• � � � �
The Deve er a rees to establish a sh e osi a�count with the Town of Vail as
9 P
escrow agent, in the amount of $ �$, jst7• DO 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 a rees to complete all improvements referred to in this Agreement on or before the � Sf
day of e,n r , 20 'o�. 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:\cdev�FORMS\Pertnits\PlanningWdministrative_Actions\DIA cash format_5-16-2007.doc Page 1 of 5
,
complete until approved and accepted as completed by the Community
Develo.pment Department and Public Works Department of the Town of VaiL
� 2. � -To secure and guarantee perFormance of th�obligations as set forth herein, the
Developer agrees to provide collateral as follows:
A cash depo�it account with the Town of Vail, as escrow agent, in the amouht of
$JS. lSO:00 � � as collateral for the completiomof 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 refer[ed to her�in,in this Agreer�ent 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, b� 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 li�bilities,�;hall be and ar�her b assumed b the Develo er. ,_. ,�
�.Y Y P
� � �.>.,o +�`, r a`� �
The eve per,�e y ag��s to�mnify and hol harmless the Tov�' � nd any of its '
officers,�g�� d�:p s ny losses,�c m , damages, or G�bi ties to 4vhich th�
Town or any o it� 6iifce , ge�l�e�ployees ma� ome subject��; insofar �s arty:�Ch
losses, claims, damages or liabilities (or actions in respect thereofl 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 tF�ewTowr�,. in e�onnection with
investigating or defending any s s�- irr�"'ti�r�age, liabilii� dr acfio . �This indemnity
provision shall be in addition to ar��r�y�uR�ch the Devel�p�,�y h�;
�-
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
speGifications 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
�
.
.
.
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\Pertnits\Planning�Administrative_Actions\DIA cash format_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�by (,�J�l�icrr, ��,�5�.
Witness my hand and official seal.
My commission expires�i�� � /��-i_�����
\�����„uiiu��,,,��
\��.�`���y PN N�BF�I�''%,,
� v p,R V �
� � ��� No Public
's PUO�\G :`p=
� � � �:
�:,��J'1,91�•.........•O�O\\�.
//���/����O F I,G•������\\�
To Planner
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Devel per Improvement Agreement was acknowledged before me this
��Day of , 20�by (,c���,� n CQ.�x.�b�,!/
Witness my hand and official seal.
My commission expires: /�/ /� o���`�
�������,u i i ui�ii�,,�
\�.�`�y PNN,BFI� ��'%,� N ry Public
;.� �, .,?� %
� . "� •.
=y �O.�PRV O '-
's PUe�'�G •�Q ;
� s �'��. ..•` � �.
"%���l,�l�..........O�O\\��.
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�� �:F���MS\Permits\PlanningWdministrative_Adions\DIA cash format_5-16-2007.doc Page 4 of 5
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1
CASH DEPOSIT FORMAT
Receipt funds to: /� Legal Description: Lot ,Block
Name:�,;� 1'75SoG rr�, Subdivision: ; i �� �..
Mailing Addres : Address: �LD r
�� W. �.fonsjyr.� �laca Developer: ;
Vp;<< . C�D SIF,S-1 Permit Number:
Ar,rlcc-son y77- yy�. Project Number: � OO
�;�� Improvement Completion Date:
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this �3�day of , 20 l� ,
by and among �,;oh Sa,u.�.n� �.o�G� �an n �w�.r c..(the "Developer" , and the Town of
Vail (the "Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for �„�o,n S�.u.�re ��wa '�a.se 2 uf �o�o� l.�• �%ons�{� 1�n,c�
(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 $ S$, ISa. 00 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 comptete 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 G�,y , 20�l� . 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 officiat 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\Developer tmprovement Agreements\DIA cash format_051607.doc Page 1 of 5
r
comptete 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 de osit account with the Town of Vail, as escrow agent, in the amount of
$ 5$, I�O. 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.
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 aH 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 thereofl 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 eonnection 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 collaterat 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\Developer Improvement Agreements\DIA cash format_051607.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\Developer Improvement Agreements\DIA cash format_051607.doc Page 3 of 5
Dated the day and year first above written.
Developer
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing D eloper Improvement Agreement wa��j kn ledged before me this
�� Day of , 20 l�by �h�C.��,,�
������Nis�aa rxe��.,,,���
Witness my hand and official seal. `��,o���NE�A�,oe•,,��
, -�.• ��
My commission expires N�- ��`�'"�— _ �:'N O T q A Yr=
—••�...�
�, � � �1 � C)� / ��'•p V� L I C.'�;
� '
F' P'
, ( �'�����':'.,�F !�J�-�Q.`�O�
�5,:':r�„.,,,;,:�q�!���.�0��
Notary Public
G��
Town Planner
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The f regoing DeveVoper Improvement Agreement was acknowle�ed before me this
�Day of , 20 � Uby (.nsLv-✓'<-��-, Lc-v�-,_�,�� �
Witness my hand and official seal.
c� .{��
``"`6\\111111t11�1d;y:..
My commission expires: ��I � l Z'�� � ` ..�yNNE e�q,��,,,,�,
, �,,. .,� ,
�:• N � T A RY'�=
J ����AVBL � �
�� ,i.,L �-'� �`°� �C 'O
_ 4'''.���p�.�. ,�PO.�'
Nota Pubhc �s,.�..,.,C,�LO �. �
_�_,;� ��r,aat�n���9��
„ .:��
F:1CDevlDeveloper Improvement AgreementslDlA cash fortnat_051607.doc Page 4 of 5
n�.
�—�
, �� Retai!& Wholesale Garden Centers/Nurseries Custom Growing 1
���,�"'.'� � Landscape&Mamtenance Contracting DesignlBurld
�C'f �i,. �
��.�? '� � y I Roud AAember d:
���. �,Qf� PROFESSIONAL LANDSCAPE NEPNORK ASSOCIATED LANDSCAPE CONTRACTORS OF COLORADO
_ ,_�t�+J COLORADO NURSERY 8 GREENHOUSE ASSOCIATION GARDEN CENTERS OF COLORADO .
liT¢'
fge��Zeet
Tree Pricing
Arrabelle, LSL
Attn: Matt Lydens,Bill Anderson
Date: 7.23.8 .
Project: Arrabelle-Lion Square Lodge
Brief Narrative:
Pricing for Large trees that were removed from Lion Square Lodge East side due to construction of Arrabelle.
Trees removed as agreed upon between Matt Lydens and Bill Anderson:
2 spruce 40 ft
2 spruce 50 ft
3 aspen 6"caliper
1 aspen 8"caliper �
Quality Spruce trees larger than 25 ft are difticult to locate and cost prohibitive,planting trees that add up to the total
footage is more realistic.Example:50 ft spruce would be replaced with two spruce at 25 ft.,6inch aspen would be
replaced with two 3 inch aspen.
Pricing based on 2008 installation,add 8%per year for estimated cost increase if planted later.
This document for pricing purposes only,not a bid. Does not include pricing for repairing existing landscape.
Lions Square North area
quantity description unit cost Total Cost
4 spruce,installed 20' $3,800.00 replace 2 existing at 40 ft $15,200.00
4 spruce,installed 25' $5,500.00 replace 2 existing at 50 ft $22,000.00
6 aspen(nursery),installed 3" $570.00 replace 3 existing at 6"dia $3,420.00
2 aspen(nursery),installed 4" $850.00 replace 1 existing at 8"dia $1,700.00
12 crane to set larger trees hourly $350.00 distance for reach is needed $4,200.00
SUB-TOTAL $46,520.00
add 8%per year for cost increases
CORPORATE OFFICE
GX DANIELS 111 8 ASSOCIATES,INC.
(970)524-5010 1800-970-9747 Fax(970)524-4006 140 GH Daniels Boulevard Gypsum,Colorado 81637 www.TheLandscaoeCenter.com �
RE LANDSCAPE SERVICES
(970)241-0297 Fax(970)241-0338 2523 High Country Court Grand Junction,Colorado 81501
BRECKENRIDGE GARDEN CENTER (970)547-9693 Fax(970)453-1371 16023 Highway 9,Fartnefs Korner B2ckenridge,CO 80424
EAGLE-GYPSUM GARDEN CENTER (970)524-5010 Fax(970)524�006 140 GH Daniels BIW. Gypsum,CO 81637
RIFLE GARDEN CENTER (970)625-2585 Fax(970)625-4297 101 W.26th St. Rifie,CO 81650
� I
�
CASH DEPOSIT FORMAT
Receipt funds o: Legal Description: Lot � ,Bloc�k
Name: Q, ASSCG�n,� Subdivision: • Lto ; t
Mailing Addres : Address: 66 •
GGO • L�o a Developer: • S se ..
U�� SLb57 Permit Number:
�; �� /�n IC�pn y�- Ky3� Project Number: o - , - • .
r� GI Improvement Completion Date:� �'31�e�o10
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEME , made and entered into t is �D��day of , 20� ,
by and among • (the "Developer'), and the Town of
Vail (the "Town"). c.
WHEREAS, the Developer, as a condition of approval gf,t-he Temporary Certif� e of
Occupancy for w �.�o �► 1 �-f ��XoU G�t�t{' • we�
(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 Vaii, as
escrow agent, in the amount of $�,�$. 1.�i0. 00 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 3�
day of nw c , 20 0 . 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�PlanningWdministrative Actions\DIA cash format_5-16-2007.doc Page 1 of 5
t
complete until approved and accepted as completed by the Community
Development Depar•tment and Public Works Department of.the T,own of Vail.
2..�` .a•��o s�;cur��and gaanaraie�-perf�rmance of the oblit,�°ations�e's's�t�#brth he,�eiq�he� .
Developer.�grees t� proti�te�'t�bMater�l`as follQws: °
� .let� .. . � • ... . �,f.':.., ��,... .:�ti��L'i►��. 1,'�}. a t'. .� �'� �, ..,�-•^+.. •�.., �•��• ..
A cash deposit acc�.�nt.,h(ith the Town of Vail, g , ,in�tli�'�amdtlnt of'�
as escrow a ent
$�$�T��4 p� ' ' -°` as collateral for the completion of all improvements
` ���� referred to in this A greement, in the event there is a default under this A greement
by the Developer.
3. The Developer�may at any,time substitute the collateral originally set forth above ;
for ano�her form of sec�rity or collateral ,acceptable to the Town to guarantee the faithful
completion of those improvements referred tp,�r�ir�';i���his�/i�{�em��t,�pd the�,p�rformance of
the terms of this Agreement. Such acceptanr,�py the Town of alternativ� security or collateral
shall be at the Town's sole discretion.
�,�,'; �j,T�i,e�.Tqw�'sii�tll'nof,"rioc shall�any_�#fficer. qr'emp{qy�e ther�of,.be Ii�,bJe 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 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 DeveltS�Et tnay.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
specif�cations 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 seC forth in Paragraph,alf.of:this
Agreement, the Town may, but shall not be required to, draw upon the security refemed 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
1 I
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\PermitslPlanningWdministrative_Actions\DIA cash format_5-16-2007.doc Page 3 of 5
' 1
Dated the day and year first above written.
� vl l/ �
�Gv� �.c,�,ce. Lo�s� �%w►�x�hnA r�.�� ���.� S-v`e .
Developer
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE ) .
The foregoing Developer Improvement Agreement was acknowledged before me this
_�Day of I� , 20 O� by
Witness my hand and official seal.
My commission expires 1� o/��
����,,,�
.� , R �.
.��� '; `.�E .sp,,�.,
;` v�� . •.2 ;
: . .i�� ; •
_ .:, Notary Public
= ,, v^ ;O �
:NJ'.��` y� 2:•' O: .
���� :.':.19'�OQ�P�
. '���. � li U\., ,��� .
� �Flet'
Town Planner
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
��Day of �T��T , 2001. bY La�(t� ��nDh I
Witness my hand and official seaL
My commission expires: D/;� ��J ao/l�
�
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F:\cdev\FORMS\Permits�Planning�Administrative_Actions\DIA cash format_5-16-2007.doc Page 4 of 5
1
�
TIOwN OF VAI� `
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-�79-2138
FAX 970-�79-2�52
www.vailgov.com
July 13, 2009
Mr. Bill Anderson
Lion Square Lodge
660 Lionshead Place
Vail, CO 81657
Re: PRJ07-0004
Dear Mr. Anderson,
Enclosed you will find a copy of the fully executed developer improvement agreement
(DIA) for the above mentioned project. The completion date for this DIA is January 31,
2010.
Sincerely,
�� �—
Lynne Campbell
Office Manager
enclosure
��� RECYCLED PAPER
• � _
Town of Vail
Department of Co.mmunity Development
75 S. Frontage Road �
Vail, CO 81657
Name: � Q . �. Receipt No. CL� �/
Address: [�C�O U MS �-
Project:_ � (L�O�- —C�UVY Date � / l� /�
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 Zonin 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 Co ies 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 D2-DEP10 AD 8 ( d,
001 0000 312 1000 Restaurant License fee TOV RL
001 0000 230 2000 S ec. Assess.-Restaurant Fee to Co.Dept.Rev. SA
110 0000 314 1115 Resale Commission MS
Other- MS
Other- MS
Other- MS
Other- MS
Other- MS
001 0000 201 1000 Taxable 4.4% State -Tax a able TP
001 0000 310 1200 Taxable 4% Town - Retail Sales Tax T7
TOTAL: Q. '
*all items charged tax
I
�'
Comments:
Cash Money Order# Check# >U Received ��
Credit Card: Visa!MC Last 4 CC#'s Auth #: Name on CC
!/cdev/forms/admin/sales_action_form_2007 1/5/O6
. � �
ToNn af Vail '
�� CU5TOhER RECEIPT ��
Oper: AJANUSZ Type: FB DraMer: 1
Date; 7/14/@9 81 Receipt na: 9874
Custoier Location Naie A�ount
2898 2981 PkJel-80B�4 LIUN 5f�lIA
AD AR-DEPOSIT5
f58158.�8
LION SfAIAI� LDD[,�
DIA SHIFTIN6 LAkDSCAF�IN6
RE5A�+ISIBlITE5 F1�1 VRDC
HkFoRBELLE TO LIUN SfAJAf� LODf,�
Tender detail
CN CHECK 5�74 f58158.88
Total tendered f581�.dA
Total pay�ent f5815�.88
Trans date: 7/14/09 Ti�e: 9:27:54
THAIiI YOU FOR YOUk PAYMENT!