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HomeMy WebLinkAboutB12-0303 B12-0284 Developer Improvement AgreementTo w n of Va i l Ac c o u n t s Pa y a b l e Ed i t Li s t i n g Re c e i v e d Co n f i r m i n g Vendor/Remittance Address Nu m b e r De s c r i p t i o n In v o i c e GI L Da t e Da t e Du e Da t e Da t e EF T GI L Da t e No t e s Am o u n t s Batch Department: Com Dev Co m De v Ba t c h Da t e : 11 1 1 1 / 2 0 1 3 Ba t c h Nu m b e r : 20 1 3 - 0 0 0 0 1 7 8 2 Ba t c h De s c r i p t i o n : Co m D e v - D a v i d Ir w i n IRWIN, DAVID B1 2 - 0 3 0 3 B l 2 - 02 8 4 DI A R E F U N D - B l 2 - 0 3 0 3 , B l 2 - 0 2 8 4 11 / 1 1 / 2 0 1 3 11 1 1 1 / 2 0 1 3 11 1 1 1 / 2 0 1 3 Invoice Department: Com Dev Co m De v Ch e c k So r t Co d e : PO BOX 3342 VAIL,C081658 Detail: P.O. Numbe r Ch e c k Co d e : Ma n u a l Ch e c k : No Ch e c k Nu m b e r : CI D / F I T ! A/ 1 0 9 9 De s c r i p t i o n NI N I N I N I N I N De v e l o p e r Im p r o v e m e n t Ag m t De p o s i t s - DI A RE F U N D - B 12 - 0 3 0 3 , B 12 - 0 2 8 4 GIL Distribu t i o n : GI L Ac c o u n t / P r o j e c t 00 1 . 2 4 0 3 3 . 0 0 (G e n e r a l Fu n d . D e p o s i t s / De v e l o p e r Im p Ag m t De p o s i t s ) Total Invoice Items: In v o i c e Am o u n t Ex p e n s e d : $1 , 5 0 0 . 0 0 Ba n k Ac c o u n t : Op e r a t i n g Ac c o u n t In v o i c e Te r m s : Qu a n t i t y U/ M 1. 0 0 0 0 EA In v o i c e Am o u n t Un e n c u m b e r e d : ,User: ShelleyBellm: . . . . : Pa g e s : .l of 2\ · No Gr o s s : 1, 5 0 0 . 0 0 Fr e i g h t : 00 0 St a t e Ta x : 0. 0 0 Co u n t y Ta x : 0. 0 0 Lo c a l / C i t y Ta x : 0. 0 0 Di s c o u n t : 0. 0 0 Re t a i n a g e : 0. 0 0 Ne t Am o u n t : $1 , 5 0 0 . 0 0 Am o u n t / U n i t To t a l Am o u n t 1, 5 0 0 . 0 0 0 0 1, 5 0 0 . 0 0 Ex p e n s e d 1,5 0 0 . 0 0 Un e n c u m b e r e d 0. 0 0 $0 . 0 0 Ba t c h To t a l In v o i c e s : Ba t c h To t a l Gr o s s : Ba t c h To t a l Fr e i g h t : Ba t c h To t a l St a t e Ta x : Ba t c h To t a l Co u n t y Ta x : Ba t c h To t a l Lo c a l / C i t y Ta x : Ba t c h To t a l Di s c o u n t : Ba t c h To t a l Re t a i n a g e : Ba t c h To t a l Ne t : Ba t c h To t a l Un e n c u m b e r e d : Gr a n d To t a l In v o i c e s : Gr a n d To t a l Gr o s s : Gr a n d To t a l Fr e i g h t : Gr a n d To t a l St a t e Ta x : Gr a n d To t a l Co u n t y Ta x : Gr a n d To t a l Lo c a l / C i t y Ta x : I $1 , 5 0 0 . 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 $1 , 5 0 0 . 0 0 $0 . 0 0 $1 , 5 0 0 . 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 11 1 1 1 / 2 0 1 3 2: 2 6 : 0 2 PM Vendor/Remittance Address Nu m b e r User: Shelley Bellm· To w n of Va i l Ac c o u n t s Pa y a b l e Ed i t Li s t i n g De s c r i p t i o n In v o i c e GI L Da t e Da t e Du e Da t e Re c e i v e d Co n f i r m i n g Da t e EF T GI L Da t e No t e s Am o u n t s Gr a n d To t a l Di s c o u n t : Gr a n d To t a l Re t a i n a g e : Gr a n d To t a l Ne t : Gr a n d To t a l Un e n c u m b e r e d : $0 . 0 0 $0 . 0 0 $1 , 5 0 0 . 0 0 $0 . 0 0 Pa g e s : , 2, ti f :2 ' / : l l. l /l l/ 2 0 1 3 2: 2 6 : 0 2 P ¥ ...... 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 \ \ \ 1 I \\lllllttt4,#~ ~''''\ ~NN IJ~ il'/:1:1.-. ~ ~ ·········· (( "-:-~~ .... -".,A~ ~'-"' ,' · .. -.,,, ~ ff ;x / ~o1AR y \ ~ ~ ·. PUB\.\C /g I -r.f>.. . .. ~.;:: ~ /' ·... ... ~'\ ~ ~ "1/'~ ........... · 0 ~ ;,;../;11 OF co\:. ,,,,.:::. l/111111Ii111 "'''''' STATE OF COLORADO COUNTY OF EAGLE ~-' Town Planner ) )ss. ) 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