HomeMy WebLinkAboutB12-0303 B12-0284 Developer Improvement AgreementTo
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CASH DEPOSIT FORMAT
Receipt funds to:
Name: l'A."id. Mc.w if'\
Legal Description: Lot lS ,Block 7
Subdivision: !~' h.fr £Al. AJJ.a,·o.A ---
Mailing Address: Po 6 .. )( 33"1-a..
UAil) co s 1458
Address: V _ _g ~IA hr.
Developer: vr :;:;.w#/\
Permit Number: ~-0303 l3/;?-0~g'1
Project Number: eil.:r.11-0&.f~I
Improvement Completion Date: ________ _
DEVELOPER IMPROVEMENT AGREEMENT
THIS AOREEMENT, made and entered into this jf1:_ day of October , 20 J.3,
by and among Dq.,,ytJ. ':I:f wt" (the "Developer"), and the Town of
Vail (the "Town").
WHEREAS, the Develo er, as a condition of app~val of the Temporary Certificate of
O?cupancy for 't w r L~ -f s Dloc-k 7 ,. •rl\ )fJ.. ·t. "" f?J/J~ O'tS/ . /
(address, legal description, and f ect;Jrrtfer) wishes to enter into a Developer Improvement
Agreement; and Q. K. O 'l\e\~ J /, 7• /3 {)). 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 $ J>oo. oo 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 f
Developer agrees to complete all improvements referred to in this Agreement on or before the 4-s
day of AJo vembar , 2013. . 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 satisfactio_n 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 1of5
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
$ )500. oo 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 co!ton an~tceptance of thf ~e, ~ shal~e ~wn, nor any
officer or e~o~e thereof lli'l~ y per~ ar•f• y i'l)l1ea by r sG_n 1tf the nature
of said workiju1~f said -~ie~shal and are~~ urned by the!' ve~er.
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\Developer Improvement Agreements\DIA cash forrnat_051607.doc 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
I (p Day of Oc.&t2ac , 20.J.3. by ~~~~~" ...... d-~lrw~i _n ______ _
Witness my hand and official seal.
My commission expires {);;r.J /q,8oJj
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~ ·. PUB\.\C /g I -r.f>.. . .. ~.;:: ~ /' ·... ... ~'\ ~ ~ "1/'~ ........... · 0 ~
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l/111111Ii111 "''''''
STATE OF COLORADO
COUNTY OF EAGLE
~-'
Town Planner
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The foregoing Developer Improvement Agreement was acknoQledged before me this
/LR Day of (};futJ12f , 2013._ by (Jvrw ~ti
Witness my hand and official seal.
My commission expires: _ __,~...,.......~y;~/--+-/q_,_..,, ;A_~J _lf _____ _
F:\CDev\Developer Improvement Agreements\DIA cash format_051607.doc Page 4 of 5
..
Vail Manufacturing Inc Estimate
PO Box 8670
41266 Hwy 6
Avon, CO 81620
Name I Address
Dave Irwin -Nova Group
1943 Alpine Dr.
Vail CO 81657
Customer Phone
Phone# 970-949-0961 Date
Fax# 970-949-8119 7/10/2013
Project Name Project Address
390-0931 3916 SIDE A INT RAILS I scon -Bighorn -SIDE A ONL v
SIDE A ONLY
INTERIOR RAILINGS
Description
Includes 1 /2" hammered pickets and 1 /2" hammered ball pickets every 3rd
1/2"x2" hammered edge cap rail, 1-112" tube steel post
Includes measure, material, fabrication, "Antique" finish and installation
Bid Subject to change per material cost increase and/or final design and finish
This estimate is based on a CASH or CHECK discount
Credit Card payments incur an administrative fee of 3% of invoice total.
All VMI invoices are payable on receipt.
A NON-REFUNDABLE DEPOSIT will be required to order material
NO EXCEPTIONS
The deposit for THIS job is: $1920.00
No retainage from this amount allowed.
A SIGNATURE IS REQUIRED ON THIS QUOTE PRIOR TO CONFIRMATION!
Upon Acceptance of this Estimate please sign and FAX to 970-949-8119
or E-MAIL to vailmanufacturing@hotmail.com
Cost Qty
4,800.00
0.00
Estimate#
3916
P.O. No.
Total
4,800.00
0.00
0.00
0.00
0.00
0.00
NOTE: CUSTOMER SIGNING ESTIMATE IS THE PARTY RESPONSIBLE FOR PAYMENT OF \ ~ \ -tS
WORK } \,..-l'Jf\
Paid when Paid contracts MUST be approved prior to job start. * Ool'{)1Qe t~ivr ~TlltM.CJA..re 6L~1ltf.Jq esp. of" To"rAI.
We look forward to working INith youl
Signature
'?,.:\\1'~ a.~~ ~ \,
Total $4,800.00
This is an estimate only and your final price may change due to factors such as final design, final finish, installation time, etc.
A CASH or CHECK DISCOUNT is reflected. Mastercard and Visa may be accepted for 3% over invoice.
YOU are our contracted customer so PAYMENT IS DUE BY THE CUSTOMER SIGNING THIS ESTIMATE
REGARDLESS OF WHETHER OR NOT YOU HAVE RECEIVED PAYMENT FROM YOUR CLIENT.
PAYMENT DATE
10/17/2013, J
COLLEC:TION STATION
Front Desk
RECEIVED FROM
DAVIDIRWIN
DESCRIPTION
Town of Vail
75 South Frontage Road
Vail. CO 81657
(970) 479-21 00
OW/SCOTT RESIDENCE TEL 390-0931 PERMITl812-0303,812-0284
Payments: Type Detail Alnmmt
-the--.ck~~~,-1-es-9~~~~~~~~~~~-s-1.-soo:---00
Total Cash
Total Check
Total Charge
Total Other
Total Remitted
Change
Total Received
PAne> 1 nf 1
$0.00
$1..500..00
$0.00
$0..00
$1.U.Ob
Total Amount:
BATCH NO.
2013-00000191
RECEIPT NO.
2013-00002555
CASHIER
Andy Janusz
1 fl/1 7 l?n1 '1 flQ·'1R·ll1 Al