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Home My WebLink AboutB08-0264 Williams DIA, Released 0921100 0 0 o ozmEn0ra0ro3HOOAlHMtoZ0HHxoo0aX0Cr0r- a toOffHEn0flME0rtrr NJDOHXHHtO00CN0MortoX077rCIPiH0H0rmrorototoZHrt.1 0 x COCO wxCHNEDHto00rHNN0OrozHmrN H w G 3 rE 7 t!! H H N 0 X O N ro r M o r HX o N 30 CO 0I 0 V1 to 0 Of DO 4 En0ii N H 4 3 0 H o o ro HO Cz0 r r r Iof m m m y P1 O H ro 4 J ro 0 as to to to OC 2 H t*]0 0 o H C r H H O0 H M 0Ofro r r r 0 r r r m H CO m CO yy HXH r 03 0)to N to 51OOO4 O to H 4 0 00 r r r 4 r r r C CO w y mHO3 o 0 0 ZzH 30ifHroMI pfOJ 0 0 0 q q 0 0 0 z 0H0 ro 0Oto H z.' 4e leases CASH DEPOSIT FORMAT Receipt funds to:Legal Description: Lot 33 Block 2 Name: Ed Williams Subdivision: Vail Village Filing 13 Mailing Address: 8400 E Crescent Address: 2570 Bald Mountain Rd, Vail 81657 Parkway, Suite 200 Developer: Ed Williams Greenwood Village CO 80111 Permit Number: N08 0087 S643 Project Number: PR J 070215 Improvement Completion Date: J„n P 1 , 2010 fi DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 26th day of January 2010 by and among Ed Williams the "Developer"), and the Town of Vail (the "Town"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for 2570 Bald Mountain Road, Vail CO 81657, Lot 33, Block 2, Project Number PR J 070215 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 $ 1,187.50 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 1st day of I,ne 201 0 . 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\ Permits \Planning'Administrative _Actions \DIA 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 1,187.50 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\Planning\Administrative _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 t 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\ Permits \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 Arapahoe ss. COUNTY OFD The foregoing Develo er Improvement Agreement was ck npwledged before me thisZ /.'" Day of 1/aauR 6W , , 20 /0 by fitsKs Witness my hand and official seal. - My commission expires T - 30- // ISA J. VIK r ' ^ADO s 7130' Notary Public Town Planner STATE OF COLORADO ss. COUNTY OF EAGLE Th foregoing eveloper Improvement Agreement was acknowledged before me this Day of 20!00 by l l i oiw, h /h.. Witness my hand and official seal. oollmil I1f.;,,, My commission expires: 44)/"CA, 1 1 / 7 -0 1 (40 % ;• 1 C ; 4 .0 °,, y •NO r=Y: 4(/ vi 00 - I-1 ,o, , Notary Public 3 ' %,t •t,V: F: \cdev\ FORMS\ Permits \Planning\Administrative _Actions \DIA cash format_5- 16- 2007 .doc Page 4 of 5 Scott Finley or Coyote Homes LLC Estimate Scott Finley 1272 W. Honeysuckle Ln.Date Estimate # Chandler, AZ 85248 1/26/2010 9 Name / Address Ed Williams 8400 E. Crescent Parkway Suite 200 Greenwood Village, CO 80111 Project Description Qty Rate Total Masonry Finish back steps with stone 200.00 200.00 Paint back porch, vent stack and exhaust fan covers 400.00 400.00 trim exterior light to match existing 50.00 50.00 Final Landscape 100.00 100.00 Finish front planter and slump drain system 200.00 200.00 Completion no later than June 1 2010 Total 950.00 s Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name: Ed CJ:I'I'7am.$ SVZZ)Receipt No. (,(39Y Address: fYGO E Crh e d & iki t 3,4;4 z o Ci(ccrwmd U'IiyG, Co Project: gag -otky bolt' Date L / 27 / /0 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 314 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 t t g a. SD001000Cr -- ,Tn"A RL 001 0001 Dept. Rev.SA 110 0001 MS 001 000 MS MS Town of Vail MS CUSTOMER RECEIPT * **MS l-iper: AJANUSZ Type: FB Drawer: 1 MSDate: 1/28/10 01 Receipt no: 1750 001 000 Customer Location Name Amount ble TP 001 000 2928 2939 B08-0264 ED WILLIAMS s Tax T7ADAR- DEPOSITS 1187.50 TOTAL:1 g7. Se SVII RECM61394,PERMIT #b08 -0264, Tender detail CH CFECH 1719 1187.50 all iter Total tendered 1187.50 Total payment 1187.50 Trans date: 1/28/10 Time: 9:29:59 THANK YOU FOR YOUR PAYMENT' Comm( Cash _k # 6/39 Received BG Credit XVisa /Mt, Last 4 LA. s HUM IF:Name on CC f /cdev/ forms / admin /sales_action_form_2009.xis 4/2009