HomeMy WebLinkAboutB12-0023 Developer Improvement AgreementC
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Receipt funds to:
Name: 0114 wt
Mailing Address:
2-52- PA ef.
1k (.6
CASH DEPOSIT FORMAT
Legal Description: Lot Block
Subdivision: o.
Address: 2 Z t w
Developer: VAaro Law wt
Permit Number: PJt2 —oo23
Project Number:
Improvement Completion Date: 31
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1R day of Mob1- , 20 1
by and among e.ry Lnvv-� (the "Developer"), and the Town of
Vail (the "Town ").
DeveloDer.
)f
(address, legal description, and project number) wishes to enter into a Developer Improvement
Agreement; and 0. K --r. qit�� 1 I. p Q. I q W. C.
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 $ 33. S1, 10 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 3 I , 2D(4- . The Developer shall complete, in a good workmanlike
manner, all im rovements 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
FACDev \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
$ 334 S-(o� - 5-0 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 \Developer Improvement Agreements \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.
F: \cdev\ FORMS\ Permits \Planning\Administrative _Actions \DIA cash format_5- 16- 2007.doc Page 3 of 5
O �ANIN,&i,,�i /i
Dated the day and year first above written.
<1
co �\OTARy
z (P PUBLIC .' O
Develope �'% 9rF' •......... '' �Q'
STATE OF COLORADO ) oF'C'o "o\\\\\\\
) ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
It Day of til�yo �n%l , 20 1 �__ by & nd�)o , 2 hlf:*�4afxpi
Witness my hand and official seal.
My commission expires
,,—Notary Public
Ami'n ( �"
Town Planner
STATE OF COLORADO )
)Ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
j j Day of 6Ajjp , 20 ja by [j L �i 011 ,,I /
Witness my hand and official seal.
My commission expires:
otary Publi
FACDev \Developer Improvement Agreements \DIA cash format_051607.doc Page 4 of 5
AN N
l! '%
NOTARY
PUBUG O
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 \Developer Improvement Agreements \DIA cash format_051607.doc Page 3 of 5
Landscape Proposal
Vail Custom Builders
attn. Ted Leach
P.O. Box 2809
Edwards CO
Proposal Description: Lapin Landscape Proposal
Date: 5/7/2013
Project: Lapin Landscape
232 W. Meadow
Vail
Soil
Install Plantmiix to a depth of 8 inches in all perennial areas. (Approximately 20
yds3.) Perennial beds are not clearly defined proposal in based on 800 sq.ft of
perennial beds if additional plantmix is needed there would be additional cost
Install topsoil to a depth of 2 inches in all disturbed areas. (Approximately 43
yds3•)
Drip Edge
Crusher fine path
Plantings
Installation includes: plant material, planting labor, soil amendments, staking,
fertilizer, mulch, delivery and tax. Some plant materials may be substituted due to
size or species availability.# 5 Bear Grass
2 Aspen, Single 3" ✓/
2 Aspen, Single 2" ✓
2 Crabapple, Spring Snow Flowering 3"
2 Spruce, Colorado Spruce N.G. 12'
2 Spruce, Colorado Spruce N.G. 10'
$3,876.54
$950.00
$17,460.00
Project: Lapin Landscape Proposal #: 8640 Page 1 off 66
Date Wednesday, May 22, 2013 Init ��i�'
Neils Lunceford, Inc
P.O. Box 2130
Silverthome, CO 80498
Phone: 970 468-0340 Fax 970 468 -6865
www.neiislunceford.com
Landscape Proposal
Vail Custom Builders
attn. Ted Leach
P.O. Box 2809
Edwards CO
Proposal Description: Lapin Landscape Proposal
Date: 5/7/2013
Project: Lapin Landscape
232 W. Meadow
Vail
Soil
Install Plantmiix to a depth of 8 inches in all perennial areas. (Approximately 20
yds3.) Perennial beds are not clearly defined proposal in based on 800 sq.ft of
perennial beds if additional plantmix is needed there would be additional cost
Install topsoil to a depth of 2 inches in all disturbed areas. (Approximately 43
yds3•)
Drip Edge
Crusher fine path
Plantings
Installation includes: plant material, planting labor, soil amendments, staking,
fertilizer, mulch, delivery and tax. Some plant materials may be substituted due to
size or species availability.# 5 Bear Grass
2 Aspen, Single 3" ✓/
2 Aspen, Single 2" ✓
2 Crabapple, Spring Snow Flowering 3"
2 Spruce, Colorado Spruce N.G. 12'
2 Spruce, Colorado Spruce N.G. 10'
$3,876.54
$950.00
$17,460.00
Project: Lapin Landscape Proposal #: 8640 Page 1 off 66
Date Wednesday, May 22, 2013 Init ��i�'
Landscape Proposal
Install compost mulch to a depth of 1 inch in all perennial beds. (Approximately
24 bags.)
Sod
Install sod in areas as indicated on the landscape plan. Roll and fertilize sod.
(Approximately 115 ft2.)
Irrigation
General Contractor To:
Supply and install a 1 inch irrigation tap including isolation valve, backflow
prevention and drain valve.
Stub 1 inch copper to outside wall in landscape area.
Provide power source for irrigation controller as directed by landscape contractor.
Install all necessary sleeving under hard surfaces per landscape contractors
direction.
Stake all sleeve ends and mark locations on plan for future excavation of sleeve
ends.
Landscape Contractor To:
Install an automatic irrigation system to drip irrigate newly planted trees and
shrubs. Spray perennials and reveg. Areas with underground lines.
Install 1 inch poly mainline and poly laterals at 6 -10 inches.
$143.75
$3,500.00
Project: Lapin Landscape Proposalk 8640 Page 2.o
Date Wednesday, May 22, 2013 -- /,�,I
1
Spruce, Montgomery
3' v
8
Snowberry, Mountain
#5
✓
8
Spirea, False or Ash Leaf
#5
21
Grass, Asst.
#1
✓
8
Grass, Blue Avena
#5
3
Grass, Feather Reed
#5
22
Perennials
4" / F15
530
Perennials
#1 ✓
Mulch
$294.12
Install compost mulch to a depth of 1 inch in all perennial beds. (Approximately
24 bags.)
Sod
Install sod in areas as indicated on the landscape plan. Roll and fertilize sod.
(Approximately 115 ft2.)
Irrigation
General Contractor To:
Supply and install a 1 inch irrigation tap including isolation valve, backflow
prevention and drain valve.
Stub 1 inch copper to outside wall in landscape area.
Provide power source for irrigation controller as directed by landscape contractor.
Install all necessary sleeving under hard surfaces per landscape contractors
direction.
Stake all sleeve ends and mark locations on plan for future excavation of sleeve
ends.
Landscape Contractor To:
Install an automatic irrigation system to drip irrigate newly planted trees and
shrubs. Spray perennials and reveg. Areas with underground lines.
Install 1 inch poly mainline and poly laterals at 6 -10 inches.
$143.75
$3,500.00
Project: Lapin Landscape Proposalk 8640 Page 2.o
Date Wednesday, May 22, 2013 -- /,�,I
Landscape Proposal
Install drip irrigation lines at 2 -4 inches.
This proposal assumes a minimum of 15 gallons per minute and 35 psi minumum
available at irrigation tap.
Revegetation
Sow a native grass seed mix and wildflowers in disturbed areas at a rate of 31bs per
1000 W. and fertilizer at a rate of 5lbs per 1000 W. (Approximately 7000 W.)
TOTAL LANDSCAPE PROPOSAL COST: $26,854.00
Project: Lapin Landscape
Date Wednesday, May 22, 2013
Proposal #: 8640
$630.00
Page 3 of 6
Init
Landscape Proposal
Proposed By: Guy Egging
Vail Custom Builders
NOTE:
** There would be cost saving by reducing the size of the #1 perennials to flats
and the grass from # 5 to # I
** Recommend reducing the number of perennials in shady areas under and
around trees due to conflicts with tree roots.
** Many of the large existing trees have Spruce needle scale and should be
treated
** Recommend deep root fertilizing all of the existing trees on site to reduce
stress
** Recommend limiting access and removing soil at the base of existing trees
** Recommend weed barrier fabric and rock be placed in roof drip lines
* Performance bond fee is not included
* Due to the long time line prior to commencement of work, increases in
materials cost, if any to be negotiated prior to contract execution
* Assume access to work areas available to loader/backhoe size machinery for
rock, soil and plant placement. If concrete and other hardscape work is
completed prior to landscape work, care will be taken to protect this work, but
Landscape Contractor assumes no responsibility for damage or cracks to
concrete or other work that may occur due to the weight of our equipment.
* Standard one year warranty applies to plantings and irrigation system.
* No screening of on -site topsoil or additives to existing soil.
GENERAL CONTRACTOR OR OWNER TO:
Supply and place boulders in the areas as shown on plan, within 1' of final
location. We will tweak some boulders as possible by hand or with small
machines.
Clean up site of all construction debris, wood, concrete, paint, stucco, etc. prior
to landscape contractor beginning site work.
Provide properly graded subgrade for appropriate drainage away from all
structures within +/- one inch and ready for topsoil.
Provide proper compaction in all landscape areas and be responsible for all
settling.
Project: Lapin Landscape
Date Wednesday, May 22, 2013
Proposalk 8640
� ir-/-/ 3
Date
Page
Init &�4 1`6
4X--
Landscape Proposal
Provide adequate access for unloading and storage of all landscape materials on
site, adjacent to work areas
Provide water and electricity within 100 feet of work area
Provide inspections, certification, permits and testing of any kind
Sweeping exterior hardscape areas will be completed when our materials create
disturbance. At completion of the project, exterior hardscape areas will be
swept. No additional sweeping is included.
SPECIFIC EXCLUSIONS:
*moss rock boulders (can be included at additional cost )
*walkways /paths /paths ( can be included at additional cost )
*rock walls ( can be included at additional cost )
*steps ( can be included at additional cost )
*lighting ( can be included at additional cost )
*point of connection for irrigation system
*site furnishings
* drains
*concrete walkways or curbs
*overtime
*waterproofing or sealants of any kind
*additional mobilizations
*winter watering
*large impediments over 1 foot in diameter
Note - Installed plant materials will require aftercare during the first 2 -3 growing
seasons at a minimum. Due to our harsh climate, and to insure the health and
vigor of your new plants, maintenance items you should complete include:
Deep root fertilization 2x per season, pruning, checking and adjusting staking,
straps and wire, applying Wilt Pruf antitranspirant for winter protection of newly
planted evergreens, checking for and spraying as necessary for disease and
insects, and of course regular watering (2 -3x per week minimum). Activation,
mid - season checks and deactivation of your irrigation system, if applicable
would also be required. We can provide these services or products, but they are
not included in this proposal.
Project: Lapin Landscape Proposalt 8640
Date Wednesday, May 22, 2013
Page
Init /!/!�f"f/
Landscape Proposal
A prepayment of 50% of the total proposal is required prior to the initiation of landscape work.
This proposal is based on current prices and is valid for thirty calendar days from the proposal date.
There is a one year guarantee on plant materials if an irrigation system exists and is working
properly. Plant materials which are not properly maintained and or damaged through, but not
limited to, neglect, vandalism, improper maintenance, insect or disease infestation or animals will
void this guarantee. Neils Lunceford must maintain the site for at least the first growing season for
the warranty to be valid.
Public utility line locates including, but not limited to, electric and natural gas, high pressure gas,
town water, sewer lines, telephone and cable will be scheduled prior to work commencing and will
guide our digging locations. This may not prevent damage to your utilities. Neils Lunceford will
not be liable for damaged caused by power outage due to utility line damage. Neils Lunceford will
work with the Public utility authorities to get utility lines repaired as soon as possible. If hand or
machine digging is required or directed by client over or near existing utilities then client wiil
assume responsibility for any damages. Additional costs may be incurred for this work.
Private utility line locates including, but not limited to, water shutoffs, septic systems, electronic
animal fences, security systems, low voltage or other lighting circuits shall be located by the client,
marked by paint and communicated to each contractor. All efforts will be made to avoid those
locations, but client will assume responsibility for these utility services. The client shall pay the cost
of any repairs to unmarked utilities or utilities damaged that were greater than 18 inches from the
painted
area.
TERMS OF PAYMENT
Your account must be paid -in -full within thirty(30) days of the invoice date. Interest charges of two
percent (2 %) per month will be charged on all past -due balances and customer shall also pay all
costs of collection including reasonable attorneys' fees and costs.
Project: Lapin Landscape Proposal#: 8640 Page
Date Wednesday. May 22. 2013 Init
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name: Receipt No. (_.Q, (Q 0
Address: 5 7
Project: - j Date /
Please make checks payable to the TOWN OF VAIL
Account No.
Item
No.
Code #
Cost Each
Total
001 - 0000.31411.10
Address Maps
ZA
$5.00
*
001 - 0000.31411.10
Zoning Maps
ZA
$20.00
*
001 - 0000.31944.00
Custom Maps
001 - 0000.31931.00
Postage Revenue
001 - 0000.31411.12
Other Code Books
CB
001 - 0000.31412.11
Blue Prints /M lar Copy Fees
BF
$7.00
*
001 - 0000.31411.11
Xerox Copies
XC
$0.25
*
001 - 0000.31412.12
Di ital Records - CD /Jump Drive
$60.00
001 - 0000.31412.12
copies / faxes / CD
001 - 0000.31411.11
Master Plan
MS
001 - 0000.31411.11
Studies, Master Plans, etc.
MS
001 - 0000.31230.00
Contractor Registration Fee
CL
001.24033.00
Developer Improvement Agreement Deposit D2 -DEP10
AD
001 0000 312 1000
Restaurant License fee (TOV)
RL
001.23020.00
Spec. Assess.- Restaurant Fee to Co.Dept.Rev.
SA
110 - 0000.31411.15
Resale Commission
MS
001 - 0000.31944.00
Miscellaneous
MS
Other -
MS
Other -
MS
Other -
MS
Other -
MS
001.20110.00
Taxable @ 4.4% (State) - Tax payable
TP
001 - 0000.31012.00
Taxable @ 4% (Town) - Retail Sales Tax
T7
TOTAL:
* all items charged tax
Comments
Cash Money Order #
Check # Receiv6d p
Credit Card:
Visa /MC Last 4 CC #'s Auth #: Name on CC
SACommunity Development \FORMS\ Finance \sales_action_form_091813