HomeMy WebLinkAboutB13-0013 DIA extension CASH DEPOSIT FORMAT
Receipt funds to: Legal Description: Lot 3 , Block 1
Name: Mill Creek Property LLC Subdivision: Vail Villaqe Filinq#1
Mailing Address: 5310 Ward Road, Address: 303 Mill Creek Circle
Suite G1 Developer: Shaeffer Hyde Construction
Arvada, CO 80002-0829 Permit Number: B13-0013
Project Number: PRG12-0288
Improvement Completion Date: Julv 15, 2016
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 23�d day of May, 2016,
by and among Mill Creek Property LLC (the "Developer"), and the Town of Vail (the "Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for 303 Mill Creek Circle, Vail Villaqe Filinq #1, Block 1, Lot 3 (address and
legal description) 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,
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
15th day of J�, 2016. 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
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
$49,378.54 as collateral (125% of the total costs of the attached estimated bid(s))
\\VWS-Storage\Desktops$\jspence\Desktop\MiII Creek DIA.doc Page 1 of 4
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 co�lateral 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 thereofl 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.
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.
\\VWS-Storage\Desktops$\jspence\Desktop\Mill Creek DIA.doc Page 2 of 4
7. The Developer shall warranty the work and materials of all improvements referred
to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
improvements.
8. The parties hereto mutually agree that this Agreement may be amended from time
to time, provided that such amendments be in writing and executed by all parties hereto.
Dated the day and year first above written.
David Hyde, Preside , Shaeffer Hyde Construction
for Mill Creek Property LLC
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
23�d Day Of May, 2016 by
CAROLYN GO�FFcEY
Witness my hand and official seal. NoTArtY Puguc
STATE OF COLORAD�.
NOTARY ID 2012407964:3
My commission expires Mv COMMISSION EXPIRES DECE�IBER 1�,20�6
�
Notary Pub ic
,�—"
J athan S nce, Town Planner
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
23�d Day of May, 2016 by
CAROLYN GODFREY
Witness my hand and official seal. sTATETOF co�o�A�o
NOTARY ID 20124079643
My COI711711SSIOn eXpIC'eS: MV COMMISSION EXPIRES DECEMBER 11,2016
� i
Notary Public
\\VWS-Storage\Desktops$�jspence\Desktop\Mill Creek DIA.doc Page 3 of 4
ATTACHED COPIES OF THE ESTIMATED BID(S)
\\VWS-Storage\Desktops$\jspence\Desktop\Mill Creek DIA.doc Page 4 of 4
�
H/aEFFER
HYDE
CONSTRUCTION
- ESTABLISHED IN 1979-
November 23, 2015
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
RE: Mill Creek Residence/Permit Number B12-0013
Subject: Bond Value for Incomplete Work for Certificate of Occupancy
To whom it may concern,
The following is the Project Information:
Project Name: 303 Mill Creek Circle
Permit Number: B13-0013
DRB Number: DRB150042
Owner: Mill Creek Property LLC, 5310 Ward Road, Ste G1 Arvada, CO 80002-0829
Address: 303 Mill Creek Circle, Vail, Colorado
Legal Description: Lot: 3 Block:1 Subdivision:Vail Village Filing 1
Parcel Number: 2101-082-4800-3
Contractor's License: C000003084
This letter is to outline the work remaining and the value of the bond we will be providing for the exterior work that
remains.
The follow is the exterior work that will not be completed this winter:
. Minor Grading
. Perennials/Grasses
• Aspen Trees
. Minor Bushes/shrubs.
Attached please find an estimate for the value of the work that remains and is based upon the landscape plan that
is highlighted (also attached).
Estimate for Remaining Work from Rocky Mountain Environmental, $39,502.83. The value of the check/bond will
be 125%of the estimated value or$49,378.54. We will have this work complete within 'b89�days of the date of this
letter or��6- ]/j�/��� �;y�
Please let us know if you need any additional information. Thank you for your assistance.
Sincerely,
E ��
David Hyde
Shaeffer Hyde Construction
President
P.O. Box 373 . Vail, Colorado 81658 . P 970.845.5656 . F 970.845.7013 . www.ShaefferHyde.com
Re: MCC - Plantings In Complete/Bond Estimate
RMEC, Inc.
�''� to:
davidh@shaefferhyde.com
11/12/2015 02:51 PM
Hide Details
From: "RMEC, Inc." <rmecinc@att.net>
To: "davidh@shaefferhyde.com" <davidh@shaefferhyde.com>,
Please respond to "RMEC, Inc." <rmecinc@att.net>
Hi David, the remaining amount on our end is $39,502.83 per the October AIA. There was only
extra work billed last month so this contract amount should be all that will be left for next year. I
will talk to Shawn about the path, not sure what to say on that one as we pulled off from up
there on Tuesday.
Mauricio Santillan
970 214 1087
Rocky Mountain Environmental Construction, Inc.
office 970-532-1717 fax 970-532-3634
http://www.rockymountainenvironmentalconstruction.com/
On Wednesday, November 11, 2015 5:45 PM, "davidh@shaefferhyde.com" <davidh@shaefferhyde.com>wrote:
Shawn & RMEC,
Few Items:
1. Bond/ Unfinished Work Pricing - In order to get a CO we will need to bond off the unfinished work on the site.
See attached drawing of work yet to complete from a landscape side. Can we get this early next week- Possibly
by Friday? Apologies, we just learned of this requirement.
Town of Vail �
Depar�menfi of Community Development . -
, 75 S.Frontage Road -� , �
Vail, GO 81657 - ,
�lame:_ �'1���f3�'f�'}� �-(`�(� CCo"✓�T�C��� Receipt No.
Address: ' �
Project: �Date�l oZ��
Please make checks payabfe to the TOWN OF VA[L
Accounfi No. Item No. Code# Cost Each Totaf
00�-0000.314�1.�0 Address M.aps ZA $5.�0 *
Q01-p000.31411.10 Zaning I�taps ZA $20.00 *
001-OQ00.3'l944.00 G`�.tstom Maps � �
001-0000.31931.00 Post e R�ve1�u� ' - ��
Q01-Q000.31411.12 Other Code Books CB = y "`
001-0000.31412.11 Blue Prints/M !ar Copy Fees BF $7:00 *
001-0000.31411.11 Xerax Copies XC $Q,2� *
001-0000.3'1412.�2 Di ital Records-CD/Jump Drive $60.00
001-0000.31412.92 coptes/fiaxes/CD '"
001-0000.39411.14 Master Plan MS *
001-OQ00.31491.11 Sfiadi�s, Master Plans,etc. M5 �
001-0000.3�lZ30.00 Contractor R istration Fee CL
001.24033.00 �eveloper]mprovemerrtAgreemenf Deposif D2-pEP10 AD u`'f;37� <��'
QO'( OOOQ 312 100� Resfiaurarrt License fee.(TO'1� RL , •
OQ1.23020.00 Spec.Assess..-RestaUrant Fee to Co.Dept.Rev. SA
110-0000.31�11.'(5 Resale Commission MS
001-OOOQ.31944.00 Miscellaneous N15
111-0000.319�44.00 Other- MS
O�er- MS
Qther- MS
Oth�r- MS
.
001.201�0.00 Taxable 4.4°/a(S�Eate} -Tax pa ahIe TP '
OD1-0000.31019.00 Taxabie 4% (Town)-Refiail5ales Tax T7
1'OTAL: � 7 S°�s
*al1 items charged tax .
Comments:
Gash l�ioney�rtder# G����#_ j I ��l � Received � -
Credit Card: `
VisalMG Last 4 CG#'s Auth#: Name on G�
� -
WELLS FARGO BANK WEST,N.A. DATE CHECK NO.
HAEFFER Avon
Avon,CO 81620 11/23/15
HYDE 23-7-1020
CONSTRUCTION 11461$
P.O.BOX 373 PN.970-845-5656 114618
VAIL,CO 81658
PAY '•FORTY-NINE THOUSAND THREE HUNDRED SEVENTY-EIGHT AND 54/100 DOLLARS
� "49,378.54
Town of Vail
PAY 75 S Frontage Rd
To Vail,CO 81657
THE
ORDER
OF � .Y(�
✓ f
ii■ L L46 LBi�' �: LO 2000076�: 3058000676i�'