HomeMy WebLinkAboutD15-0001_D15-0001 DIA_1427121480.pdf CASH DEPOSIT FORMAT
Receipt unds to: IJ Legal Description: Lot 35 , Block -7
Name:19° Ue Pit 7r07�e' ac Subdivision:\)4.1 i►1r 6'1,4)4,J
Mailing Address: Address: n? 3 ,/o.,/ �
122-5— 1 (-t-5-e4- Sine Z4 ZO Developer: VG,I Sft,y-,L /�'S�-lr�e iS
)e h v6L Co, Permit Number: kt55 ,
Project Number: 4e1151,4-
Improvement Completion Date: '1 IS
DEVELOPER IMPROVEMENT AGREEMEN/T�
THIS AGREEMENT, made and entered into this 43 day of /4I/ui , 20 I�
by and among G..m.c '2a', AaAt.t (the "Developer"), and the Town of
Vail (the "Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for 2z'S ?,e..wu- b.-44,N Ra 1 1 C D- 5-4--
(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 _
day of_ Ir. The Developer shall complete, in a good workmanlike
manner, all irriprovements reterred 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
se ice 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:
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A cash deposit account with the Town of Vail, as escrow agent, in the amount of
$ I( i o o S. dr-ti as collateral (125% of the total costs of the attached
estimated bid(s)) 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.
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
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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.
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Dated the day and year first above written.
,6 /1: 711
Developer
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
r? Day of ✓ria.7 k , 2015_by / din,_ ,fit IL:64w, •
Witness my hand and official seal.
My commission expires a04/ / �1, ,s.1)l2
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•
cn ; �OTAR V
Pu Ilc
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-qlF OF GOA\\\\`��•
Planner
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was ac nowledged before me this
,,?3 Day of ,'' - ,i._ , 20.6_by Ivy 6/61. .//er
Witness my hand and official seal.
My commission expires:
.��04\\\\```AN N, I
N.40TAR y
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PUBO°G `p Public/
S:\Community Development\FORMS\Planning\DIA cash format_062414.doc Page 4 of 5
P.O.Box 4140
• Eagle, CO 81631
• 970-328-0900
• Cell:970-376-6702
• Definaconst@aol.com
Defina Construction, Inc.
February 26,2015
To: Vail Custom Builders
PO Box 2809
Edwards,CO 81632
RE: Gore Creek Residences, 223 Beaver Dam Road,Vail,CO 81658
Estimate to restore site back to existing conditions with a cost breakdown as follows:
Mobilization ' 400.00
Rough grade site,import topsoil, spread topsoil,lump sum 9,500.00
TOTAL: $9,900.00
EXCLUDES:
Permits and fees, survey and layout, ledge removal,de-watering,winter condition,paving,pavement
patching,concrete,landscaping.
Nine Thousand Nine Hundred Dollars ($9,900.00)
Gary W. Defina
President
We Move Mountains
Neils Lunceford, Inc
41 r
P.O.Box 2130
Silverthorne,CO 80498
Phone:970 468-0340 Fax 970 468-6865
www.neilslunceford.com
ISI
Landscape Proposal
Vail Custom Builders
Benno Scheidegger Project: Gore Creek Residences
Revegetation
429 Edwards Access RD Lot 39, Block 7, Vail Village Filing 1
Edwards CO 81632 Vail
Proposal Description: Gore Creek Residences Revegetation
Date: 1/22/2015
Revegetation
Sow a low growing drought tolerant grass seed mix in disturbed areas at a rate of 3lbs per
1000 ft2. and fertilizer at a rate of 5lbs per 1000 ft2. (Approximately 12,625 ft2.)
Note- Proposal assumes all areas to be revegetated are graded and ready for seeding.
Hydromulching is the method included for seed application. More aggressive erosion
control measures such as biodegradable blankets or jute are not included. Large volume
water source is assumed available on site to refill hydromulch tank.
0
TOTAL LANDSCAPE PROPOSAL COST: $2,904.00
Project: Gore Creek Residences Revegetation Proposal#: 10382 Page 1 of 3
Date Thursday,January 22,2015 Init
Landscape Proposal
Proposed By: Tim Glasco
Accepted By:
Vail Custom Builders Date
NOTE:
* Performance bond fee is not included
* Due to the long time line prior to commencement of work, increases in materials cost, if
any to be negotiated prior to contract execution
GENERAL CONTRACTOR OR OWNER TO:
Clean up site of all construction debris, wood, concrete, paint, stucco, etc. prior to landscape
contractor beginning site work.
Provide properly graded subgrade for appropriate drainage away from all structures within+/-
one inch and ready for topsoil.
Provide proper compaction in all landscape areas and be responsible for all settling.
Provide adequate access for unloading and storage of all landscape materials on site, adjacent
to work areas
Provide large volume water and electricity within 100 feet of work area
Provide inspections, certification, permits and testing of any kind
Provide coordination of construction activity in regards to installation, cleaning and
protection of paving
Sweeping exterior hardscape areas will be completed when our materials create disturbance.
At completion of the project, exterior hardscape areas will be swept. No additional sweeping
is included.
SPECIFIC EXCLUSIONS:
*overtime
*additional mobilizations
*winter watering
Project: Gore Creek Residences Revegetation Proposal#: 10382 Page 2 of 3
Date Thursday,January 22,2015 Init
Landscape Proposal
A prepayment of 50% of the total proposal is required prior to the initiation of landscape work.
This proposal is based on current prices and is valid for thirty calendar days from the proposal date.
There is a one year guarantee on plant materials if an irrigation system exists and is working
properly. Plant materials which are not properly maintained and or damaged through, but not
limited to, neglect, vandalism, improper maintenance, insect or disease infestation or animals will
void this guarantee. Neils Lunceford must maintain the site for at least the first growing season for
the warranty to be valid.
Public utility line locates including, but not limited to, electric and natural gas,high pressure gas,
town water, sewer lines,telephone and cable will be scheduled prior to work commencing and will
guide our digging locations. This may not prevent damage to your utilities. Neils Lunceford will
not be liable for damaged caused by power outage due to utility line damage. Neils Lunceford will
work with the Public utility authorities to get utility lines repaired as soon as possible. If hand or
• machine digging is required or directed by client over or near existing utilities then client will
assume responsibility for any damages. Additional costs may be incurred for this work.
Private utility line locates including, but not limited to, water shutoffs, septic systems, electronic
animal fences, security systems, low voltage or other lighting circuits shall be located by the client,
marked by paint and communicated to each contractor. All efforts will be made to avoid those
locations, but client will assume responsibility for these utility services. The client shall pay the
cost of any repairs to unmarked utilities or utilities damaged that were greater than 18 inches from
the painted
area.
TERMS OF PAYMENT
Your account must be paid-in-full within thirty(30) days of the invoice date. Interest charges of
two percent(2%) per month will be charged on all past-due balances and customer shall also pay
all costs of collection including reasonable attorneys' fees and costs.
Project: Gore Creek Residences Revegetation Proposal#: 10382 Page 3 of 3
Date Thursday,January 22,2015 Init
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name:I:Wp &i L Av,ty-{j5 / Lc_ Receipt No.
Address:l o/9S 1 7h- P119
Project: ALT t 4.0(0 7 3 LS ► Date_ 3 i , 3 / 15
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 Postage Revenue
001-0000.31411.12 Other Code Books CB
i 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/faxes/CD
001-0000.31411.11 Master Plan MS *
001-0000.31411.11 Studies, Master Plans, etc. MS *
001-0000.31230.00 Contractor Registration Fee CL /
001-0000.24033.00 Developer Improvement Agreement Deposit D2-DEP10 AD I (DDO5.
001-0000.31210.00 Restaurant License fee(TOV) 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 @ 4A%(State)-Tax payable TP
. 001-0000.31012.00 Taxable @ 4%(Town)-Retail Sales Tax 17
TOTAL: itianDs �>
*all items charged tax
Comments: -A 4- -- a,0-, red
Cash Money Order# Check# /WO 7 Recved ,L,(,t,`_
Credit Card:
Visa/MC Last 4 CC#'s Auth#: Name on CC
f/cdev/forms/admin/sales action_form 2013