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Home My WebLink AboutB10-0423 Developer Improvement AgreementCASH DEPOSIT FORMAT • (�il I I Receipt funds to: Legal Description: Lot Block l Name: 4>44.4 VA ,c , LC � Subdivision: S e- Mailing Address: . D. Qo 23 - Y Z. Address: ion e �,,, A,? d t' ee 1G3L Developer: ( u Permit Nu mber: f 7 ffCr 10 - T&t Project Number: 610- ONe13 Improvement Completion Date: / 31, c)oit DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 9' day of / - q/Z!Z 20 z by and among Ql11C7 V ic_ L-4C- (the "Developer"), and the Town of Vail (the "Town "). 1 1-1-e- WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for 7 i!i', -2 o4,o _ (address, legal descrip ' (n, d project n ber) wishe�� eloper Improvement Agreement; a WHE EA the per is obli ted to provide security or collateral sufficient in the judgement o he �n reasonable provisions for completion of certain improvements set forth in the a ed estimated bid(s) in actor ante with the approved plans and specifications filed in the office of the Comm nity De lopme epartment of the Town of Vail; and • WHEREAS, the De to er top ide colla o uar tee performance of this Agreement, including comp *th II impr vements r in is Ag reement, by means of the following: 0 • The Developer agrees to establish a cash deposit account with the Town of Vail, as escrow agent, in the amount of $ -Z-1Z 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 _ day of 31r' 4,,,, , 2011 . The Developer shall complete, in a good workmanlike manner, all improvehents 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 \Developer Improvement Agreements \DIA cash format_051607.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 $ .:Z50 - 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. FACDev \Developer Improvement Agreements\DIA cash form at_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. FACDev \Deve lope r Improvement Agreements \DIA cash format_051607.doc Page 3 of 5 Dated the day and year first above written. eveloper STATE OF COLORADO ) )Ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this _ Day of F�XuG� , 2011 by (rLP,c a t , Witness my hand and official seal. My commission expires e7pol \\\\\\y z : , plAR V — cq p ' L: ;tary Public PUBO .•.........•.• '0 OF CO�'��`� Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The oregoing Developer Improvement Agreement was acknowledged before me this Day of jr 20_LL by Witness my hand and official seal. My commission expires: 4 AN ,q "� • NOTAf?Y N ry Public N PUBLIC O OF , iir r r n, 11100� F1CDev \Developer Improvement Agreements \DIA cash format_051607.doc Page 4 of 5 Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name: Receipt No. cl- p X73 Address: 073 n J Project: e g y n7 l n _ p k to _ Date ) O l 1 t Please make checks payable to the TOWN OF VAIL Account No. Item No. Code # Cost Each Total 001 0000 314 1110 001 0000 314 1110 001 0000 319 4400 Address Maps Zoning Maps Custom Maps ZA ZA $5.00 $20.00 * * 001 0000 314 1112 Other Code Books CB 001 0000 314 1211 001 0000 31'4 1111 Blue Prints /M tar Copy Fees Xerox Copies BF XC $7.00 $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 001 0000 312 1000 Restaurant License fee (TOV ) RL 001 0000 230 2000 Sec. Assess.- Restaurant Fee to Co.De t.Rev. SA 110 0000 314 1115 Resale Commission MS 001 0000 319 4400 Miscellaneous MS Other - MS Other - MS Other - MS Other - S 001 0000 201 1000 Taxable 4.4% State - Tax payable P jT 001 0000 310.1200 Taxable 4% (Town) - Retail Sales Tax 7 TOTAL:. * all items charged tax Cash Money Order # Credit Card: Visa /MC Last 4 CC #'s Check # / C239 Rece Auth #: Name on CC f /cdev /forms /admin /sa les_action_form_2009. xis n 0 \ 1 9 , 4/2009 Town of Vail ++ CUSTOMER RECEIPT Oper: AJANUSZ Type: FB Drawer: 1 Date: 2/11/11 01 Receipt no: 2257 Customer Location Name Amount 2972 2983 OW -8423 W VAIL LL AD AR- DEPOSITS $250.00 OMG VAIL LLC PERMITH18 -8423 Tender detail CK CHECK 1839 $250.08 Total tendered $250.08 Total payment $250.00 Trans date: 2/11/11 Time: 8:51:33 THANK YOU FOR YOUR PAYMENT! PREPARED 6/07/11, 14:08:23 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 ----------------------------------------------------------------------------------------------------- --- --- ---- --- ---------- -- - - -- -- 2972 QMG VAIL LLC D2 DEP10 Dep- Developer Imp Agrmts 2/11/11 6/07/11 250.00 250.00 250.00- .00 ------ -- -- - -- - -- ---- -- -- -- ------- -- ---- - ------ -- -- -- TOTAL FOR CUSTOMER TYPE: D2 250.00 250.00 250.00- .00 ----- --- ----- -- ---- - - --- -- - -- -- -- -- - - -- -- --- -- - - - --- ------------- ---- --- - --- -- --- ---- - - - - -- -- ----- -- -- -- GRAND TOTAL: 250.00 250.00 250.00- .00 DEPOSIT COUNT: 1 G/L BATCH CREATED: BATCH -01696 2011/06 USERID- JLOVATO AP HELD COUNT- .00 AMOUNT- 250.00