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Home My WebLink AboutD13-0015 Signed Developer Improvement Agreement.pdf CASH DEPOSIT FORMAT Receipt funds to: ,p Legal Description: Lot Block Name: art L eS h i G + Subdivision: v c-; t�►ll li Mail'ng Address:�a �_ef/y Ibotnl (�o��l Address: X0 2 �.✓ � _ a4t.� , V� J CO Developer: Cve c t ► ��- Permit Number: Project Number: _ Improvement Completion Date: i I DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this_jl? _ day of Se �,-M6 , 20 j3 by and among (the Develop r ), and the Town of Vail (the "Town"). I WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy l0 2'� eAurrMlca+-, 4-0o-a, t1�:1 V4", V 11�G�it $�(ac Ln 1/ (address, legal description, and prof ct 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 $�Z�,, 117 q q 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. I 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 JaP%t-�, 20{ . 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 Macintosh HD:Use rs:traviscogg in:Drophox:Triumph Custom HomesAesnick Residence:Shoring Grading and Temp Reveg: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 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 12-11-5, 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. Macintosh HID:Users:traviscoggin:Dropbox:T€iumph Custom Homes:Resnick Residence3horing Grading and Temp Reveg: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. i i i I i I I 1 I Macintosh HD:Users:traviscogg in:Dropbox:Triu mph Custom Homes:Resnick Residence:Shoring Grading and Temp Reveg:DIA cash format_051607.doe 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 !�A Day of .S 2011 by i '— b-Sii� ° _. Witness my band and official seal. / F Es My commission expires__ �A %, NoT RY � o 97- PUBOG Aot,,ylic Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer improvement Agreement was acknowledged before me this Day of , 20__ by Witness my hand and official seal. My commission expires: Notary Public Macintosh HQ:Users;traviscoggin:Dropbox:Triun}ph Custom Homes:Resn[ck Reside nce:shoring Grading and Temp Reveg:DfA cash format 051607.doc Page 4 of 5 ATTACHED COPIES OF THE ESTIMATED BID(S) it Macintosh HD:use rs:traviscogg in:Dro pbox:Triu mph Custom Homes:Resnick Residence:Shorlrtg Grading and Temp Reveg:DIA cash format 051607.doc Page 5 of 5 r^ R.A,N E L S Q N Standard Estimate Report Page 1 1 BUILDING MOUNFAIN SFSOFI COYMUNMES Resnick Grading Permit Re 911312013 8:18 AM Total Item Description Takeoff Qty Unit Cost Amount 002-0000 SITE WORK 002-3000 Building Earthwork 3200 Import Backfill Material-Trucking 3,550.00 CY 20.00 ICY 71,000 Import excavated material stared off-site 3200 Import Purchase 650.00 CY 15.00 ICY 9,750 Import excavated material stored off-site 3300 Place Backfill 3,550.00 LS 3.50 BLS 12,425 3500 Final Grading 20,950.00 SF 0.25 /SF 5,238 Building Earthwork 98,413 002-9000 Landscaping f Irrigation 9100 Native Seed 20,950.00 SF 0.15 /SF 3,143 Excluded new irrigation Landscaping 1 Irrigation 3,143 SITE WORK 101,555