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Home My WebLink AboutB14-0301 Developer Improvement Agreement.pdfReceipt funds to: 1 Name: \JeJ 1.-\Ja 11( '1 lu~i'°O~ 'B :ailing Address::--::--...,..\l.......------ _f o Bax .?~ oS DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this Z.C.. day of _ __.__.~.........,:L---• 2o_ri, by and among Vft.'tt-t~?+om "Buil tlt,rs --(the "Developer' , the Town of Vail (the "Town"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for 2-42.Z. Gzcnt-\'\'. 4M.e, VA 1 t..-1 Co. i\w>"!t: Lot-13 E~ ~ t VAlk R.!(),tP£ (address1 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 i£ovements referred to in this Agreement on or before the _ day of (\\~ ~ \ , 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: 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: S:\Community Development\FORMS\Planning\DIA cash format_062414.doc Page 1 of 5 A cash deposit account with the Town of Vail, as escrow agent, in the amount of $ ~Os=<e. ~-; 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 S:\Community Development\FORMS\Planning\DIA cash format_062414.doc Page 2 of 5 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. S:\Community Development\FORMS\Planning\DIA cash format_062414.doc Page 3 of 5 Dated the day and year first above written. Developer STATE OF COLORADO ) ) SS. COUNTY OF EAGLE ) Tgzregoing Developer Improvement Agreement was acknowledged before me this Day of Ave&.0S1 , 20.!.!:f._ by CAf~~N G#D~ Witness my hand and official seal. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer l~ovement Aweement was acknowledged before me this 'J-0. Day of fuJ (j._.J,j S 7 , 20]!/.__ by----------- Witness my hand and official seal. My commission expires: __________ ~,__ __ cA--1~_,i>}J~ ~3g[.~EY STATE OF COLORADO NOTARY ID 20124079643 MY COMMISSION EXPIRES DECEMBER 11, 2016 S:\Community Development\FORMS\Planning\DIA cash format_062414.doc Page 4 of 5 ATTACHED COPIES OF THE ESTIMATED BID(S) S:\Community Development\FORMS\Planning\DIA cash format_062414.doc Page 5 of 5 EDUIARDS EHl:AUATIDD ---!' ~ I • ,I ./ -------_,._ --.1 Estimate to put site back to Existing Conditions Prices include all machine time and labor to grade the site back to existing conditions and re seed the site with native grass seed mixture 1. Grade site back to existing conditions 2. Re-vegetate site with native seed mix. 14,417sf at .18 per sf Edwards Excavating, Inc. $2250.00 $2595.06 970 904-0024 Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Name:~~~ Receipt No. Address~ fl (p 3-2 q Project:~ = J 3if() Date l~_rj_ 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 * 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 Registration Fee CL 001-0000.24033.00 Developer Improvement Agreement Deposit D2-DEP1 O AD lor,C,{n,~.~ 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 1@4.4% (State)-Tax payable TP 001-0000.31012.00 Taxable (@ 4% (Town) -Retail Sales Tax Tl TOTAL: I 11()<,//J • 4)_ "l * all items charged tax Comments: ~ Ck_ cJl,,5 -fl '-1845· O\.Q .J-Id I J,,;J J Cash ____ Money Order# ______ Check# lUl/ld 1 ~I] Rece~Lk=--' Credit Card: Visa/MC Last 4 CC #'s ___ Auth #: _____ Name on CC------------- f/cdev/forms/admin/sales _action _form_ 2013