HomeMy WebLinkAboutB11-0215 development improvement agreementCASH DEPOSIT FORMAT
Receipt funds to: Legal Description: Lot ,Biodc �a
Name: Subdivision: �
Mailing Address: rL y�( Address: 1 c..
�V�e.,R� Developer.
O!� 7 Permit Number. f3Pt 1-� oZ ) S
Project Number: P(t � � 1, e l 1 �
Improvemerrt Completion Date: )uv�J /� 2o f 3
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and ente�d into this day of �� 3�� , 20 1"�-.
by and among �n�3 M c�un��/k� r( G�a4��GJ (the "Developer"), and the Tawn of
Vail (the "Town°).
WHEREAS, the Develope�,�a s a condition of approval of the Temporary Certificate of
Occupancy for � 1 Z"Z ✓�l c.. V�,r.c.���_(_ crl // �� L, �� I 1- �// d
(address, legal desc�iption, and projed number) wishes to enter into a Devebper Improvement
Agreement; and
WHEREAS, the Devebpe� is obligated to provide securtty or ooHateral suf�icierrt in the
judgement of the Town to make rea�sonable provisions for completion of oertain improvements set
forth in the attached estimated bid(s) in acxordance with the approved plans and specifications
filed in the �'ic�e of the Community Developrr�ent Departrrient of the Town of Vail; and
WHERFJ�S, the Developer wishes to provide collateral to guarantee performance of this
Agreemerrt, indud'mg c�mplefion of the all improvements referred to in this Agreemerit, by means
of the iollawing:
The Developer ag�es to establish a cash deposit accourrt with the Town of Vail, as
escrow agerrt, in the amount of $ Zq„2 z5 "— as coltateral for the
completion of all improvements referred to in this Agreemer�t, 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 Devebper and the Tovm agree as follows:
1. The Developer agrees, at its sole cost and expense, to fumish all equipment and
materials necessary to perForm a�d oomplete all improvemerrts referred to in this Agreement. The
Developer agrees to complete all improvements refemed to in this Agreemerrt on or before the
day of �.�.�v.� � , 201 . The Developer shall complete, in a good woticmanlike
manner, all improvemerrts referred to in this Agreement, in a000rdance with aN approved plans
and specifications filed in the office of the Community Development Department of the Tawn of
Vail, and to do all wo�1c incidental thereto according to and in compliance with the folbwing:
a. All said work shall be done under the inspection of, and to
the satisfaction of, the Tawn Planner, the Town Engineer, the Tawn 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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oompiete 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 acxount with the Town of Vail, as escrow agent, in the amount of
$ Z°� �Z.'s-S " as collateral for the completi�on 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 acoeptable to the Town to guararrtee the faithful
completion of those improvements referred to herein in this Agreement and the performance of
the terms of this Agreement Such acoeptance by the Town of altemative security or collateral
shall be at the Town's sole discretion.
4. The Town shall not, nor shall any officer or employee ther�eof, be liable or
responsible for any accident, bss 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 ther+eof, be liable for any persons w propeny injured by �eason of the nature
of said wo►ic, but all of said liabilities shall be and a�e hereby assumed by the Developer.
The Devebper hereby agr�ees to indemnify and hold harmless the Tawn, and any of its
officers, agents and employe�s against any losses, claims, damages, or liabilities to which the
Tovm or any of its officers, agents or employees may become subject to, insofar as any such
losses, daims, 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 �eimburse the Tawn for
any and all legal or other e�enses reasonably incurred by the Town in oonnection with
investigating or defending any such loss, Gaim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Develope� my have.
5. It is mutu�ly agreed that the Developer may apply for and the Tovm may
authorize a partial release of the collateral deposited with the Tawn for each category of
improvement after the subject improvement is constructed in c�mplia�ce with all plans and
specifications as �efierenced hereunder and acxepted by the Town. Under no condition shall the
dollar amount of the oollateral that is being held by the Town be reduoed below the dollar amount
nec�ssary to complete all uncompleted improvements referred to in this �q�eement.
6. If the Town determines, at its sole discretion, that any of the improvements
refeRed 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 Tawn as c�omplete on or before the date set forth in Paragraph 1 of this
Agreemerrt, the Tovm may, but shall not be required to, draw upon the securtty referred to in this
AgreemeM and oomplete the uncompleted improvements refeRed to in this Aqreemerrt. Pursuant
to Section 12-11-8, Varil Town Code. the Temporary Certificate of Occupancy r�efemed to in this
Agreement may be revoked unt� all improvements referred to herein are c�mpleted by the
Developer or the Town in accordance with this Agreement.
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If the c�sts of comple6ng the uncompleted improvements r�erred to in this Agreement
exc�ed the dollar amount of the deposit, the excess, together with interest at iwelve percent
(12°�) per annum, shall be a lien against the properly and may be collected by civil suit or may be
certified to the tr+easurer 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 nefemed to in this Agreemerrt, such failure or refusal shall be oonsidered a violation
of Title 12 (Zoning Regulafions), of the Vail To�wn Code, and the Developer shall be subject to
penalties pursuarrt to Section 12-�10 (V'wlations: Penafties) 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 rigM-of-way, pursuarrt 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 qqreemerrt may be amended from time
to time, provided that such amendmeMs be in writing and executed by all parties he�eto.
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Dated the day and year first above written.
STATE OF COLORADO
COUNTY OF EAGLE
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The foregang Developer Improverr�rrt � _1_'-7adcnawledged before me this
I�Day of A�V�n�Y/' , 2oL2by �GVinA�c
Witness my hand and ofificial seal.
My commission expires_ � � I2�f'2a3
✓'!J.'/'!'�/:/'.✓' ✓✓J:%'�'%l_/✓✓; "✓1 -.%
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STATE OF COLORADO
COUNTY OF EAGLE
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s�rc5� Gl.�
The foregang Developer Improvement �reement was acknowledged before me this
��Day of �\ O�ra�r�r�.�-c/' , 20 iZ-b�/ �-J �r.f�-� �r�-�h,0 �-�
Witness my hand and official seal.
My commission
� � �� � \
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N ta bl'
�z:< -za�,.. .-,
LYNNE C�� ?"
NOTARY � �.
STATE OF CU�
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MY COMMISSION EXPIREb -y i:�r 2() ti s
o ry u ic .....
LYNNE CAMPBELL
NOTARY PUBUC
STATE OF COLORADO
MY COMMISSION EXPlRES 4�19/2015
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ATTACHED COPIES OF THE ESTIMATED BID(S)
F:lcdev�FORMS1PermitslPlanningWdmirastrafive A�1DIA qsh format 5-16-2007.doc Page 5 of 5
'�' '�„ �.
an�ITT�K�R
G e.rdices, rfcc.
�P.b $ox��.Ea�tZc. Gv. 8r63f
Work to be perFormed for:
Hadley Residence
REMAINING LANDSCAPING TO BE DONE IN 2013:
Clean out underneath existing sptuce
Install 120 if rolled top steel e�ging
Install 18 cy cedar shred mulch o�,
Pntne out dead hranches on old spiuce
Provide and instal126 stepping stones
Planr.
4 - 3" Aspen
24 - #5 Shrubs
870 sf Perennial Flowers
2,300 sf Native grasses
oy
p4
n4
Proposal
Date Proposel #
11/1/2012 542
Job Address:
1127 Vail Valley Dr
Vail, CO
Tofal
580.Od
360.00
1,620.()0
310.00
1,040.00
t,200.00
840.00
8,700.00 •
230.00
�14,880.00
Alt vwodc ana maca;al c�rie.c a�e ycar gua�tee from the oanpleaon �te of t�e projocc
PO Box 3785 Eagle, CO 81631 ' Phone: 970.328.696G • Fax: 970.328.4417
D�ECTRICR]NN
� C
Po Box 711
Edwards, CO 81632
T970 926 4140
F9�0 926 4626
Thursday, November 08, 2012
Greg Sands
Hermes Resort Properties
PO Box 2633
Edwards, CO 81632
P 970-926-1720 F: 970-926-1739
Project:
Hadley Residence
1127 Vail Valley Drive
Vail, Colorado 81657
Price includes:
• Install exterior wall mount fixtures after TCO
Price does NOT include:
• Any work not outlined above.
Terms:
Price: $500.00
� Payment shall be made via monthly progressive payments
• Overdue invoices are subject to 18% per annum.
• Progressive liens shall be released on receipt of payment monthly
We make no representation with respect to compliance with job specifications othec than outlined by above referenced
documents. Prices are ficm for 30 days. Additional inswance requirements or endorsements may be subject to additional fees.
Tlris �roposal dces not include drywall removal or repair, hoisring, temporary lighting or power, concrete, forming, painting,
patctung, trenchin�, core drilling, venting and sealing of roof penetrations. All waste created by electrical contractor vv�ll be
removed to a specific area on the construchon site.
Dave Peterson Electric shall not be liable for failure to perform if prevented by strikes, or other labor disputes, accidents, acts of
God, governmental or municipal regtilation or interference, shortages of labor or matenals, delays in transportation, non-
availability of the same from manufacturer or sapplier, or other causes beyond electrical contractor's co�ol. In no event shall
the electrical contractor be liable for special or consequential damages whatsoever or however caused.
Please sign a oopy to indicate acceptance, and return to our office. Please contact me at above address if you have any
quesrions or comments.
Sincerely,
Dave Peterson
Dave Peterson Electric Accepted by
Page 1 of 1
SL�FER I�E�IGNS
November 12th, 2012
Greg Sands
Hermes Resort Properties
Project Name: Hadley Residence
Project Number: 1003
RE: Exterior Fixture
Dear Greg:
The exterior fixtures specified for the Hadley Residence are as follows...
-Sconces for Pilars
Charleston, Postmount, Solid Top ... $3,500
-Sconces for Front Entry
Custom Charleston, Wallmount ... $4,500
Sincerely,
SLIFER DESIGNS
Tessa Hyatt
Design Associate
?�12't. Fiadley Ex^:Gr:or �izlures.docx
21 6 MAIN ST. • EDWARD3, CO B 1 632 • T:970.926.8200 • WEB: 3LIFERDESIGN3.COM
NAME I'tU I�YIeS 1 � I��lA4""" � 1/�/`SSIGS� L�
ACCOUNT NO. � ��Q�� ��
82-504/1070
DATE `1 I � `� ` � �
TO THE �n o� I/�,,� i��4� 22�l�
ORDER OF
�[ �� DOLLARS LI � �
www.efirstbank.com
�B (800) 9643444
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