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Home My WebLink AboutB08-0175r 11l wCASHDEPOSITFORMAT Receipt funds to: legal Description: Lot Block Name: Vail Cascade Resort and Spa/ Bill Fackler Subdivision: Mailing Address: 1300 Westhaven Drive, Vail, Colorado 81657 Address: 1300 Westhaven Drive, Vail Colorado 81657 Developer: L-O Vail Holding, Inc. Permit Number: B08-075:.B08-175 Project Number: 07-0534 Improvement Completion Date: 6115/2009 (May 31; 2008 for final roof, June 15 for Landscape) DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of December , 2008 by and among LO Vail Holding, Inc. (the "Developer"), and the Town of Vail (the "Ti WHEREAS, the Developer, as a condition of approval of the Tempora ertl of. Occupancy for VAIL CASCADE RESORT & SPA 1300 WESTHAVEN DRIVE . address, legal description, and roject be ishes ;toen i Develop m v n Agreement; and: WHEREAS, the Developer is liga to provide securitIlateral su t Judgment of the Town to make reasonable pr s for completion of certain improvements set forth in the attached estimated b.id(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 $ 142,312.09 as collateral for the completion of all improvements referred to-in this-Agreement, in-the-event-there-isa 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 01-1 i a materials necessary to perform. and complete all improvements referred to in this Agreement. Thb Developer agrees to complete all. improvements referred to in this Agreement onor before the 15th day Qf June • 2009; The Developer shall complete,. in a good workmanlike manner, all improvements referred to inthis-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 Wand incompliance 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 diW.icts, as their respective interest may appear, and shall not be deetned complete uritil '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 142312.09.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 anytime 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- ,liableor 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 'ofsaid work, but,all of said liabilities shall be and are. hereby assumed by the Developer. 11 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 &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 an' and:all legal or other expenses reasonably incurred by the Town in. connection with irivestigotitig or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any otherliability which the Developer may 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 subjpct improvement is constructed in. com.p:l ance..with all:plans and specifications as referenced hereunder and accepted by the. Town. Under no condition shall the dollaramount of the collateral` that is being held by the Town be reducedbelow the dollar amount necessary to complete ah uncompleted improvements referred to in this Agreement. r ' 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. 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 (1296) per annum, shall be a 'lien against the property, and may be collected by civil suitor may be.certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied agalnst such property. If the Developerfails 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 (Vio.lations: 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 Agreementmay be amended from time to time, provided that such amendments be in writing and executed by all. parties hereto. I--, Remaining Items Amount - Vail Cascade Hotel Grand Stair Lit' Handrail (Neo Source) $ 9,680.87 Glass Panels (Pinnacle Glass) $ 4,500.00 Guardrail (Central Denver Ironwork! $ 5,000.00 Landscaping Rocky Mountain Custom Landscapi $ 62,069.00 Permanent Roof Black Roofing Exterior Light Fixtures Porte Cochere Miscellaneous Odds and Ends Stucco Patch, etc. 27,600.00 Installed on Friday 12/19 5,000.00 113,849.87 1.25%0 $ 142,312.34 Dated the day and year first above written. 1 V STATE OF COLORADO bevelope COUNTY OF EAGLE ) SS. The foregoing Developer Improvement Agreement was acknowledged before me this Day Witness my hand and official seal. My commission Notary Public A", Town Kanner STATE OF COLORADO COUNTY OF EAGLE )SS. The foregoing Developer Improvement Agreement was acknowledged before me this Day of 20_ by ki;~~e- 4~ Witness my hand and oial seal. My commission expires: ~/i I _/gl; ~?Ol~~ X\\\\ I I I I I I I I I IIAN,,, Notary Public 6y NOTAR y .<<~ N~ PUBLIC ::00 Q, J - •l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ILOS A011SOMS On DAR 19 r200~efore me, 0. 94SPANO NOfl412~f (~Uh11..1G Date Here Insert Name an i 1110 of the Officer personally appeared C "t-S " F%eM- 60"IWQOUZ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(.*) whose name(* is/awsubscribed to the within instrument and acknowledged to me that he/sWW*ey executed the same in his/I &%*Neir authorized capacity(iac), and that by his/h"*"ir signature(s) on the A. LISCANO instrument the person(s), or the entity upon behalf ofCommission # 1723563 Notary Public - California which the person(* acted, executed the instrument. lop Los Angeles County MYCamm,EtesMart,2ott I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i"Q` &WVV-J Place Notary Seal Above Signature. of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L.0MM gMj*0oqa-Wt49- T+OMNT Document Date:, VAMM1Wa"" Number of Pages: Signer(s) Other Than Named Above: _~-.mw0ltrE Capacity(ies) Claimed by Signer(s) Signer's Name:Signer's Name: Individual Individual Corporate Officer - Title(s):Corporate Officer - Title(s): Partner - n Limited General Partner - Limited General Attorney in Fact •Attorney in Fact Trustee Top of thumb here thumb here Trustee Top of El Guardian or Conservator Guardian or Conservator Other:Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NatiamWotaryarg Item #5907 Reorder. Call Toll-Free 1400.1376.61327 12-18-2008 Inspection Request Reporting Page 14 4;16 Dm Vail, CO - City Of Requested Inspect Date: Friday, December 19, 2008 Inspection Area: CG Site Address: 1300 WESTHAVEN DR VAIL VAIL CASCADE/CHAPS & LIBRARY A/P/D Information Activity . B08-0175 Type: A-COMM Const Type. Occupancy:Owner: L-O VAIL HOLDING INC Contractor: WEITZ COMPANY, INC. (THE) Description: ADDITION TO CHAPS RESTAURANT Sub Type: ACOM Use: IA Phone: 303-860-6600 Status: REVISION Insp Area: CG Requested Insoectionls Item: 530 BLDG-Temp. C/O Requestor: WEITZ COMPANY, INC. (THE)Comments: PM requested Assigned To: GDENCKLA Action: Time Exp: Requested Time: 11:00 AM Phone: 379-0474 Entered By: DGOLDEN K Item: 533 PLAN-TEMP. C/O Requested Time: 08:15 AM Requestor: WEITZ COMPANY, INC. (THE) Phone: 379-0474 Comments: AM requested Assigned To: NPETERSON Entered By: DGOLDEN K Action: Time Exp: f )-f - G~E.r d(a ~3os~r d-. 0 h31.~a2 Inspection History Item: 10 BLDG-FOOTING Item: 20 BLDG-Foundabon/Steel Item: 21 PLAN-ILC Foundation Plan Item: 30 BLDG-Framing 11/28/08 Inspector: GCD Action:. CR CORRECTION REQUIRED Comment: 1.PPROVIDE APPROVED PLANS ON SITE. 2.COLUMNS IN ADDITION SHOW A 2 HOUR GYPSUM WRAP PER DETAILS 12 AND 16 ON OKTO INSULATE ANDAROCKOCNHEF SO}FFICE IN KITCHEN. Item: 22 PLAN-ILC FRAMING Item: 50 BLDG-Insulation A ved " 11/28/08 Inspector: GCUpro Action: PA PARTIAL APPROVAL Comment: ADDITION CEILING INSULATION APPR. Item: 60 BLDG-Sheetrock Nail Approved "I I t28/08 Inspector: GCD Action: CR CORRECTION REQUIREDComment: BOTH LAYERS OF THE CEILING PATCHES IN THE EXISTIN RESTARAUNT ARE REQUIRED TO HAVE MODERATE CONTACT. THERE ARE LARGE GAPS AT SEAMS. REINSPECTION REQD 12/01/08 Inspector: GCD Action: PA PARTIAL APPROVALComment: 1st LAYER CEILING PATCH IN CHAPS. 12/02108 Inspector: GCD Action: PA PARTIAL APPROVAL Comment: EXISTING CEILING PATCHES 2 LAYER. NEW ADDITION CEILING. WAN DOOR POCKET INNER GYP LAYER. NEW COLUMNS TO BE DAMNED AND SPRAY APPLIED FIRE PROOFING TO BE APPLIED FULL DEPTH BEHIND COLUMN. Item: 70 BLDG-Misc. "Approved"' 12/11/08 Inspector: JGG Action: PA PARTIAL APPROVAL Comment: Lathe on west side OK for scratch coat, stuccc~oo12/12/08 ftspector JGG -Action: 'PA PAFMAL'APPROVAL REPT131 Run Id: 8855 12-18-2008 Inspection Request Reporting Page 12 4:16 pm Vail, CO City Of Requested Inspect Date: Friday, December 19, 2008 Site Address: 1300 WESTHAVEN DR VAIL VAIL CASCADE/ARIA SPA A/P/D Information Activit : B08-0075 Type: A-COMM Sub Tyype: ACOM Status: ISSUEDConstType: Occupancy: Use: IB Insp Area:Owner: L-O HOLDING INC Contractor: WEITZ COMPANY, INC. (THE) Phone: 303-860-6600 Description: VAIL CASCADE HOTEL REMODEL: PORTE COCHERE, NEW POOL AND POOL DECK, MEETING ROOMREMODEL, LANDSCAPING ETC. Requested Inspection(s) Item: 530 BLDG-Temp. C/O Requestor: WEITZ COMPANY, INC. (THE)Comments: PM requested Assigned To: GDENCKLA Action:Time Exp: Requested Time: 10:00 AM Phone: 379-0474 Entered By: DGOLDEN K Item: 533 PLAN-TEMP. C/O Requestor: WEITZ COMPANY, INC. (THE)Comments: AM requested Assigned To: NPETERSON Action: Time Ex : Requested Time: 08:00 AM Phone: 379-0474 Entered By: DGOLDEN K D111- L rn, p(ep~.,,~-G Inspection History I tem: 10 BLDG-FOOTI NG Item: 20 BLDG-Foundation/Steel Item: 21 PLAWILC Foundation Plan Item: 30 BLDG-Framing Approved10/31/08 Comment:- Inspector: GCD Action: PA PARTIAL APPROVAL PORTE COCHER-UNDER-FRAMING FOR CEILING. 12/11/08 Comment: Inspector: JRM Action: PA PARTIAL APPROVAL APPROVED FRAMING FOR MECH ROOM WEST END OF BREEZEWAY WITH CONDITIONTHATREVISEDPLANSANDAPPROVALSFORTHISWORKBEGRANTtDBYPLANNINGDEPT. PROCEED AT GC RISK. Item: 22 PLAN-ILC FRAMING Item: 50 BLDG-Insulation Item: 60 BLDG-Sheetrock Nail Approved11/04/08 Comment: Inspector: GCD Action: PA PARTIAL APPROVAL.PORT COCHER DENS SHIELD 12/02/08 Comment: Inspector: GCD Action: NR NOT READY FOR INSPECTION 12/11/08 Comment: Inspector: JRM Action: PA PARTIAL APPROVALINTERIORSIDEOFMECHROOMWESTENDOFBREEZEWAYSEE NOTES ON FRAMINGItem: 70 BLDG-Misc. 10/31/08 A~p_proved I Comment: nspector: GGD Action: PI PARTIAL INSPECTION LATH RESTARAUNT COLUMNS SOFFIT AND FACIA ON 8 LINE BETWEEN 3.5 AND 8.5. 11/25/08 Comment: Inspector. GCO Action: PI-PARTIAL-ff4SPECTIONLATHONSLINEFROM13TO17LINE 12/02/08 Comment: Inspector: GCpD Action: PA PARTIAL APPROVAL k++E DNWSOFFFIITAANNDFCSTENDCOLUMNIA ON 2 LINE BETWEEN Q AND S. REPT131 Run Id: 8855 Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name: L6 0 AW S&I J- &~26 Receipt No. Address: 8A-) Wm, 54-h&A1g,-, , I ai) 32 U5 7 Project: T0';3q Date 'o? l/~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 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/M lar Co Fees BF P$7.0000100003141111XeroxCopiesXC0.25 001 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 001 0 RL 0010 SA 1100 N MS roo MS VIS VIS AS 1~'cW0010W rP 0010 M I7ia 2 TOTAL:142 oTi a all it y 1~ 5C2, Comments: 7JA ~R.r~nr+ 5 BUSS » 124 - o/ 75 Money Order #Check # , 35,3)3 Received Credit Card: Visa / MC Last 4 CC #'s Auth Name on CC f/cdev/forms/admin/sales_action_form_2007 115/06 1 1 1 W O a~ I , 1 a 1 w H RI a I I w 1 £~O 1 N 1. 1 a I 1 1 I 1 1 Q I F., £ 1 a 0 a 1 W 1 Q w F 1 a i F i a O PI ~ p W 1 a I L1 w wa E N 1 Q M I 1 a ~ a w Q w E a 1 Q i I i 1 I H i I w a I I E I N N m o 0 ' J o Ch ff H Ch a E>I~ Q I 1aW w I O a C7 aa0 zl O I N I I N I al w~ a Q~ w I pay; a a xUl u u Q I N ; F N 1 u IO O O I O 1 01 olo I N I N N N N 1 N Q 1 w e-I 1 N O 1 O N 1 N 1-7 1 1-I N 1 N N 1 N s11 1 dl ri 1 1-1 1 O\ I 01 010 N 1 N M 1 ~ N , N N 1 N via N m O m N N N Q ~EE43 b1 a roa aE U7 N 171 1/ N u a 0 NO Q rl Q a"> V a a U q E m uo w Q u C o CD W N a 0 F I I O o I I O\ ilo I N rl 1 1 N 1 N 1 rl 01 O 1 1 1 1 N 1 1 rl I 1 N I I N I 1 efl I 1 N I 01 1 N 1 1 N 1 1 N 1 1 N I I ~ I I rl I I I I 4 I 0 of u F F H W o a m O N N a rl a w x a O d~ O O h Q H a w 5 Ch O 0 0 0 N U N N v N x U a m ci F a u x U a