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CASH DEPOSIT FORMAT
Receipt funds to: Legal Description: Lot 8 ,Block __ _
Name: Colorado House and Management Subdivision: Dauphinais Moseley Filing 1
Mailing Address: _______ _ Address)416 Moraine Drive
Post Office Box 3708 Developer: Colorado House and Mangagement Incorporated
Permit Number: _s_12_-0~18_9 ___ ~-------
Project Number: pg J 12. ·OD/ l_
Vail. Colorado 81658
Improvement Completion Date:_Ju_ne_3_0._20_14 _____ _
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this~ day of December , 20...2:........,,
by and among Colorado House and Mangagement Incorporated (the "Developer"}, and the Town of
Vail (the "Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for 1416 Moraine Drive Dauphinais Moseley Filing 1 Lot 8
(address, legal de~tion, and project. number) wishes to enter into a Developer Imp~ I_\ 5 -Jlt
Agreement;and \_)\()' € c+ ~OM_ le_ t'f>ol . ~I 7
WHEREAS, the De~per is obligated to provide securif 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 Deve[DRment(Department of ~of V~i7and ,.._ \(_ -\o \<'__~ (!AJ~ -~ .s -/ ~ ,.. I ( WHEREA~ tlie Developer wishes to provide collateral to rantee performance of t:ts
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 acc9unt with the Town of Vail, as
escrow agent, in the amount of $ 5000.00 i I . 2.. 'S :. Gi.J50 ~ 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 June 30th , 20 14 . 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
F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_S-16-2007.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 a~ith ihe Town of Vail, as escrow agent, in the amount of
$ sooo.oo ~ t · Z.5 ::-~ JS-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\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_S-16-2007.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_S-16-2007.doc Page 3 of 5
Dated the day and year first above written.
Colorado House and Management I
Developer
STATE OF COLORADO )
) SS.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
23 Dayof De<efl.Joe,,, ,20J_j_by _____________ _
Witness my hand and official seal.
My commission expires_~;;;;~~~iii!iiiiiii~iiiiiiiil
cAROLYN GODFREY NOTARY PUBLIC
STATE OF COLORADO NOTARY ID 20124079643 MY COMMISSION EXPIRES DECEMBER 11, 2016
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this Zs Dayof Do<f7tV.gc ,20~by ____________ _
Witness my hand and official seal.
My commission expires: _______________ _
F :\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_ 5-16-2007. doc
ROLYN GODFREY
NOTARY PUBLIC STATE OF COLORADO
MY C~CU~~y ID 20124079643
-EXPIRES DECEMBER 11, 2016
Page 4 of 5
Job Name: 1416 Moraine Drive
Date: December 23, 2013
Report: DIA Estimate
lsf: 0000
Cost of the Work
01 General Requirements
01742 Trash Container and Fees
Total 01 General Requirements
02 Site Construction
02911 Ground Cover
02922 Seeding
02932 Flowers and Shrubs
Total 02 Site Construction
03 Concrete
Total 03 Concrete
04 Masonry
Total 04 Masonry
05 Metals
Total 05 Metals
06 Wood and Plastics
Total 06 Wood and Plastics
07 Thermal/Moisture Protection
Total 07 Thermal/Moisture Protection
08 Doors and Windows
08322 Meter Doors
Total 08 Doors and Windows
09 Finishes
09222 Stucco
Total 09 Finishes
1 O Specialties
Total 10 Specialties
U/M Qty
Is 1.00
Is 1.00
Is 1.00
sf 1.00
Is 1.00
sf 1.00
GILLETTE LLC
CONSTRUCTION
Cost Estimate
500.00 745
745
500.00 600
100.00 250
1,500.00 1,500
2,350
0
0
0
0
0
500.00 500
500
500.00 750
750
0
Page 1 of 2
Description
Allowance to remove dumpster from adjacent lot.
Allowance to spread topsoil on adjacent lot.
Allowance to seed adjacent lot.
Allowance for flowers and shrubs.
Allowance for the electrical meter doors.
Allowance tor color integrated stucco at the entry
11 Equipment
Total 11 Equipment
12 Furnishings
Total 12 Furnishings
13 Special Construction
Total 13 Special Construction
14 Conveying Systems
Total 14 Conveying Systems
15 Mechanical
Total 15 Mechanical
16 Electrical
Total 16 Electrical
Total Cost of the Work
Other Charges
Construction Management Fee
Direct Overhead
Contingency
Total Other Charges
Control Estimate
UIM
%
%
%
Qty
0.08
0.02
0.05
Cost Estimate
o
o
o
o
o
4,345
348
87
217
652
4,997
[. 2. s
Description
The construction management fee is billed at 8% of the cost of the work ..
Direct overhead is estimated at 2% of the cost of the work to cover the cost of the general
liability insurance related to this project.
The Contracto~s Contingency will be calculated at 5% of the cost of work. This
contingency would provide for the further development of the drawings and specifications
by the architect that is consistent with the contract documents and reasonably inferable
there from, and other costs which are properly reimbursable as costs of the work but not
the basis for a change order. This amount would not allow for such things as changes in
scope, systems, types and quality of materials, finishes or equipment. Any savings in this
cost category accrue 100% to the owner.
t c, J ~o
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Page 2 of 2
PAYMENT DAT!; ,\
12/24/2013
COLLECTION STATION
Front Desk
RECEIVED FROM
CO. HOUSE & MANAGEMENT
DESCRIPTION
Town of Vail
75 South Frontage Roa.d
Va.ii. CO 81657
(970) 479-2100
PERMIT#B12-0189 HERNANDEZ/GONZALEZ HOUSE
PAYMENT CODE
DIA
RECEIPT DESCRIPTION
I Developer Improvement Agreement
1416 MORAINE DR.VAIL CO
Payments: Type Detail Amount
Prinh:.ri hv· Anriv .1Anll~7
-ch-e~ck~~~,0~3-9~~~~~~~~~~~~$~6-.z-50-.0-0
Total Cash
Total Check
Total Charge
Total Other
Total Remitted
Change
Total Received
PAnP 1 nf 1
$0.00
$6.250.00
$0.00
$0.00 $6.250.00
$0.00
$6.250.00
T ota.1 Amount:
BATCH NO.
2013-00000315
RECEIPT NO.
2013-00003985
CASHIER
Andy Janusz
RANSACTION AMOUN
$6,250.0
S6.250.01
1 ?J?.il/?R11 RR-.llR-?? Al
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Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name ~~~/~'!'£fr Receipt No. AddresS:< ~~}:-ffi {Jl5 7
Project: ;=7.; Date Id I a3 I 13
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 Posta11e Revenue
001-0000.31411.12 Other Code Books CB *
001-0000.31412.11 Blue Prints/Mylar Copy Fees BF $7.00 *
001-0000.31411.11 Xerox Copies xc $0.25 *
001-0000.31412.12 Digital Records -CD/Jump Drive $60.00
001-0000.31412.12 copies I faxes I CD *
001-0000.31411.11 Master Plan MS *
001-0000.31411.11 Studies, Master Plans, etc. MS *
001-0000.31230.00 Contractor Rei:iistration Fee CL
001.24033.00 Developer Improvement Agreement Deposit D2-DEP10 AD lo/P.Ju-
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: f o:Jno-
* all items charged tax
Cash ____ Money Order# ______ Check# JO, 18'
Credit Card:
Recei~~
Visa/MC Last 4 CC #'s ____ Auth #: _____ Name on CC--------------
S:\Community Development\FORMS\Finance\sales _action_form_ 091813