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Receipt funds to: Legal Description: Lot 1- ,Block
tvame: LtG�„ a�. (�GIA'1�- � Subdivision:Vpr��. L�.awSWcsPn� ��L �.]- Tlari� •
Mailing Address: � Address: � l Sr-(
�o(O U �,t'Gi�S f.c l� Developer. •N�a
(/1��1 �(�, ��1�� Permit Number: � O
Project Number: I -O� I l�I - O •
Improvement Completion Date:_ 01
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made a d entered into this�day of ��tG� 20�
by and among ��l�- SGc.�,�.cc_ �e l (the "Developer'), and the Town of
Vail (the "Town").
WHEREAS, the Deve per, as a �jQ ndition of a proval of the Temporary Certificate of
Occupancy for Lc`Gv- �Gue+--�- 1'�� I ��1��U -�!'�G � �t� .
(address, legal description, and project 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 $ /D� vcv 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
da of t, / 20 . The Develo er sha11 com lete in a ood workmanlike
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manner, all im rovements referred to in this Agreement, in accordance with all approved p a
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
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� complete until approved and accepted as completed by the Community �
t 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: �'
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� A cash depos�t account with the Town of Vail, as escrow agent, in the amount of �
$ �0, 000� as collateral for the completion of all improvements �
referred to in this Agreement, in the event there is a default under this Agreement n'
by the Developer. �
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; 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 rt
� completion of those improvements referred to herein in this Agreement and the performance of Y
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3 the terms of this Agreement. Such acceptance by the Town of alternative security or collateral �
shall be at the Town's sole discretion. �
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4. The Town shall not, nor shalt any officer or employee thereof, be liable or fi
� responsible for any accident, loss or damage happening or occurring to the work specified in this �`
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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 �
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'� of said work, but all of said liabilities shall be and are hereby assumed by the Developer. �
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� 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 thereo� arise out of or are based upon �
� any performance by the Developer hereunder, and the Developer shaU 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 �
s provision shall be in addition to any other liability which the Developer my have. �
� �
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s 5. It is mutually agreed that the Developer may apply for and the Town may �
T 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 �
y specifications as referenced hereunder and accepted by the Town. Under no condition shall the x
� 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. r
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!} 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 �
' specifieations filed in the office of the Community Development Department of the Town of Vail or f
�' 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. �
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If the costs of completing the uncompieted 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 prope�ty 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.
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8. The parties�hereto ri�u'tuall��,gre�that thi�Agreement may be amended from time
to time, provided that suc� amerrc}t��nts be in wnting anc�executed by all parties hereto.
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�Dated the day and year first above written.
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` STATE OF COLORADO ) �
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COUNTY OF EAGLE ) �
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� The foregoing Developer Improvement Agreement was acknowledged before me this �
�Day of �z1 N� , 20 /�by �
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; Witness my hand and official seal. �
; A OLYN GODFREY ,
= NOTARY PUBLIC '
= My commission expires STATE OF C:)LORADO �`
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MY COMMISSION EXPIRES DECEMBER 11,2016 €
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COUNTY OF EAGLE ) �
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� The foregoing Developer Improvement Agreement was acknowledged before me this �
' /7 Day of , 20�i by LJ�ildn �iin�D�_ �� �
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_ Witness my hand and official seal. �:
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My commission expires: /�� �5, av/� �
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F:\CDev\Developer Improvement Agreements\DIA cash format_051607.doc Page 4 of 5 �
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ATTACHED COPIES OF THE ESTIMATED BID(.S)
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F:\CDev\Developer Improvement Agreements\DIA cash format_051607.doc Page 5 of 5
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 8'1657
Name: U�i.�.. � I Receipt No. �3�S 3
Address: �� (o
Project: � ln I - Date �.P / ��0 /��
Please make checks payable to the TOWN OF VAIL
Account�No. Item No. Code# Cost Each Tota!
001-0000.31411.10 Address Maps ZA $5_00 *
001-0000.31411.10 Zoning Maps 7J� $20.00 *
*
001-0000.31944.00 Custom Maps
001-0000.31931.00 Postage Revenue
001-0000.31411.12 Other Code Books CB *
001-0d00.31412.11 Blue Prints/M tar Copy Fees BF $7.00 *
001-0000.31411.11 Xerox Copies XC $0.25 '`
001-0000.31412.12 Digital Records-CD/Jump Drive $60.Od
*
001-0000.31412_12 copies/faxes/CD
001-0000.31411.11 Master Plan � MS *
Q01-0000.31411.11 Studies, Master Plans, etc. MS '`
001-0000.31230.00 Contractor Registra6on Fee CL
001-0000.24033.00 Developer Improvement Agreement Deposit D2-DEP10 AD /��(7l7 �
D01-0000.31210.00 Restaurant License fee(TO RL
001-0000.23020.00 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
001-0000.20110.00 Taxable 4.4%(State)-Tax payable TP
OQ1-0000.31012.00 Taxable 4%(Town)-Retail Sales Tax T7
TOTAL: !� O
*all items charged tax
Comments:
Cash Money Order# Check# �JJ�� Received �
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Credit Card_ �
Vsa/MC Last 4 CC#'s Auth #: Name on CC
f/cdev/forms/admin/sales_action form_2013
PAYMENT DATE Town of Vail BATCH NO.
06/18/2014 75 South Frontage Road 2014-00000274
COLLECTION STATION Vail, CO 81657 RECEIPT NO.
Front Desk (970) 479-2100 2014-00003677
RECEIVED FROM CASHIER
LION SQUARE LODGE Andy Janusz
DESCRIPTION
660 W. LIONSHEAD PL.,VAIL,CO. 81657 PERMIT#B12-0029,PRJ11-0364
• � • � � � • •
DIA Developer Improvement Agreement $10,000.00
LION SQUARE LODGE PHASE I I
Payments: Type Detail Amount
Check 7554 $10,000.00
Total Cash $0.00
Total Check $10,000.00
Total Charge $0.00
Total Other $0.00
Total Remitted $10,000.00
Change $0.00
Total Received $10,000.00
Total Amount: $10,000.00
Printed by:Andy Janusz Page 1 of 1 06/18/201410:53:30 AM
TOWN OF
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
June 19, 2014
Mr. Thomas Sauer
Westchester Fire Insurance Company
436 Walnut Street WA10H
Philadelphia, PA 19106
Re: Performance Bond KO8971985
Viele Construction
Dear Mr. Sauer:
Community Development Department
970.479.2138
970.479.2452 fax
The above mentioned letter of credit has been released as work has been completed.
The original document is enclosed. If you have any questions please call Warren
Campbell, Chief of Planning for the Town of Vail at 970 -479 -2148.
Sincerely,
Shelley Bellm
Administrative Assistant
Enclosure
E LETTER OF CREDIT FORMAT
Legal Description: Lot
Subdivision: V,,,:I
Developer: J L V : e l
Project Number: M "M— 034y
Permit Number: Q- U0a fi
Improvement Completion Date: 00
Letter of Credit Expiration Date: Decdm6er °I;
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1e,1+ day of _hece h6e- � , 20 �.
by and among . L \1,nPfe (n-%wit riod) el . (the "Developer"), and the Town of
Vail (the "Town ") and (�)esf�(,e�t�. ire r-ISOQ , 4- ,„,,,,4J (the "Bank ").
WHEREAS, the Developer, as a fond' ion of approval of the Temporary Certificate � f
Occupancy for 1�., --1 Lo L. I Z, i onshe - ;
-tt5F "i*ia/, , 1l- e�'iG4
(address, legal description, and project number) wishes to enter into a Developer Improvement
Agreement; and + K0 # m' ftx 6. 17� 1 P), CC o
WHEREA , the Developer is obligated to provide security or collateral cient 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 security to guarantee performance of this
Agreement, including completion of all improvements referred to in this Agreement, by means of
the following:
�o
The Developer agrees t establish a r of credit # b0 9 -7 111 '9�
in the amount of $ q -799. with 'fike- bon
as the security 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 _ /�.�7 , 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:
F: \cdev\ FORMS\ Permits \Planning\Administrative _Actions \DIA credit format_5- 16- 2007.doc Page 2 of 6
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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 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 security as follows:
Irrevocable letter of credit #_ KO 0SV ITFS in the amount of
(125% of the total costs of the attached estimated bid(s) with ti e ^^Ace
end set to expire on the � day of �ut.�.b�r ,
201J_ (not to expire less than 30 days after the date set forth in Paragraph 1 of
this Agreement) as the security 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 security 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 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 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) that 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 security provided to the Town for each category of improvement
at such time as such improvements are 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 security provided to the Town be reduced below the dollar amount necessary
to complete all uncompleted improvements referred to in this Agreement.
F:\cdev\FORMS\ Permits\ Planning \Administrative_Actions \DIA credit format_5- 16- 2007.doc Page 3 of 6
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 Paragraph1 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.
If the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the security provided to the Town, 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), 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.
Dated the day and year first above written.
Developer
STATE OF )
) ss.
COUNTY OF )
The foregoing Developer Improvement Agreement was acknowledged before me this
/ �°-- -Day of 2013 by :J��,� ,a —b \, E
Witness my hand and official seal.
My commission expires �P) ite- m ,e 1, 90 17 y .
F
1
Notary Public _
F:\cdev\ FORMS\ Permits \Planning\Administrative _Actions \DIA credit format_5- 16- 2007.doc Page 4 of 6�
I-P'n-P1�
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
101 Day of �Dnc.,, o� , 20J_3L by I/
Witness my hand and official seal.
My commission expires: ,c c l / 9, evoI7
�aunwiu„
Cj�aan ublic
AY ,
_ P G p
F:\cdev\ FORMS\ Permits\ Planning \Administrative_Actions \DIA credit format_5- 16- 2007.doc Page 5 of 6
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PERFORMANCE BOND
WESTCHESTER FIRE INSURANCE COMPANY
BOND NUMBER: K08971985
KNOW ALL MEN BY THESE PRESENTS:
That we J.L. Viele Construction, Inc. dba Viele Construction, as Principal, (hereinafter called Principal), and
WESTCHESTER FIRE INSURANCE COMPANY, 436 Walnut Street WA10H, Philadelphia, PA 19106, a
corporation organized and existing under the laws of the State of Pennsylvania as Surety, (hereinafter
called Surety), are held and firmly bound unto Town of Vail, Community Development, 75 S. Frontage Rd.
Vail, CO 81657 as Obligee, (hereinafter called Obligee), in the amount of Forty nine thousand, seven
hundred ninety two and 88/100 ($49,792.88) for the payment whereof Principal and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has by written agreement dated January 3, 2012 for Landscaping, Lion Square
Lodge East, which contract is by referenced made a part hereof, and is hereinafter referred to as the
contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
Whenever Principal shall be, and declared by Obligee to be in default under the Contract, the Obligee
having performed Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly complete the Contract in accordance with its terms and conditions.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
obligee named herein or the heirs, executors, administrators or successors of the Obligee.
Signed and sealed this 9th day of December, 2013
J.L. Viele Construction, Inc. dba Viele Construction
By: (SEAL)
id D. Viele, President
WESTCHESTE IRE INSURANCE COMPANY
By: (SEAL)
Thoma auer , Attorney -in -Fact
0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. m