HomeMy WebLinkAboutD14-0015 DIA.pdfReceipt funds to:
Name: Meribel Corp
Mailing Address: __ ,_.......,,..,,..------.,..--=-La w Offices of Margaret E.
Hanlon P.C.
225 Wall Street, Suite 205
Vail, CO 81657
CASH DEPOSIT FORMAT
Legal Description: Lot 5 , Block __ O_l ___ _
Subdivision: Vail Village Filing 2
Address:182 West Meadow Drive, Vail, CO
Developer: Meribel Corp
Project Number: f_R ~ -~:o~ Permit Number: 014 ··<)Pi~
Improvement Completion Date: L .:iD;;} 0 l9
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this23rdday of July , 2014,
by and among Meribel Corp (the "Developer"), and the Town of
Vail (the 'Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for 182 West Meadow Ori ve, Vail, CO
Lot 5 I Block 01 I Subdivision Vail Village Filing 2
(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 comple~e ~improvements referred to in this Agreement on or before the 3j)th
day of Septefflberl'l{O(~O...l.!. 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:
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A cash deposit account with the Town of Vail, as escrow agent, in the amount of
$ 3 , 3 4 O . O O 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 abov~;3~~tgGL. Lbllf>CV2-ATIW
STATE OF COLORADO
COUNTY OF EAGLE
The ~gregoing Developer Improvement Agreement was acknowledg_ed before me this '2-~Dayof ir'4 , 20~by MdJ\.1N~k E:;,_ ~
~ t:l. ib-.~ ~ /_ ~ c.9--
Witness my hand and official seal. {;f'-XA._u:"""-\), 12.. ~\Ii\.\ ~
My commission expires ~ t <7 , Zo 17
PATTI L HELD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 20134037975
MY COMMISSION EXPIRES JUNE 19, 2017
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
I
\)1esl~c(,
~l~
lN~o-
The foregoing Developer ~Improvement Agreemen,t..was acknowledged be~ this
_,.\_Day of~ t-, 20 I 'f by ~V'"\.~ C . ~c R<
Witness my hand and official seal.
My commission expires: A.tr'"\ \ \. 11-J:D l S:-
NotafY blic J
S:\Community Development\FORMS\Planning\DIA cash format_062414.doc
LYNNE CAMPBELL
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES '4/19/2015
Page 4 of 5
ATTACHED COPIES OF THE ESTIMATED BID(S)
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS THAT I, XAVIER CHARLES PIETRINI
AS PRESIDENT OF MERIBEL CORPORATION, a Colorado Corporation with its
principal offices in the County of Eagle, State of Colorado, having special repose and
confidence in MARGARET E. HANLON, of the County of Eagle, State of Colorado
has made constituted and appointed by these presents the said MARGARET E.
HANLON,
as my true and lawful Attorney-in -fact for me and in my name, place and stead, sole use
and benefit, to make, execute, and sign in my behalf any and all documents required and
necessary to consummate and encumber the purchase, closing, and operation of any real
property located within the State of Colorado, together with all contracts, notes, security
documents or agreements for real and personal property by and on behalf of Meribel
Corporation in my capacity as President.
Said documents to include but are not limited to: Note(s). Deed(s), Bill(s) of Sale. Title
and Security Documents, Assumption Statements, Settlement Sheets, Affidavit(s) and
Atlirmation(s), Leases, Construction Agreements and Permit Applications and any other
documents or writings in such forms and of such contents as may be deemed to be in the
business interests of Meribel Corporation in connection with said purchase and closing,
management, maintenance, leasing, remodeling and operation of its real property and
personal property.
The purpose and intent of this Power of Attorney is to clothe my appointed attorney with
all power and authority in connection with the conveyance and encumbrance of real and
personal property to the same extent and with the same power and authority which I
myself might exercise, and which power and authority is expressly so conferred; hereby
ratifying and confirming each and everything my said attorney shall do or purport to do
by these presents.
Any acts done by the Attorney-in-fact or agent pursuant to the power during any period
of disability or incompetence or uncertainty as to whether the principal is dead or alive
shall/shall not have the same effect and inure to the benefit of and bind the principal or
his heirs, devises, and personal representatives as if the principal were alive, competent,
and not disabled. If a conservator thereafter is appointed for the principal, the Attomey-
in-fact or the agent, during the continuance of the appointment, shall account to the
conservator rather than the principal.
IN WITNESS WHEREOF. have set my hand this ....;p...__:......::i.."""?.-_TI---.-.=;...:~-L-="-----'' 2014.
day of
;----g---;-:__: :x=~:=::;::::=--:
PRINCIPAL
STATEOF (J:>/dr-adD ) r:-aob_ )SS.:
COUNTY OF C~ )
The foreg~oip~mst~ip~~was~a knowledged before me by XAVIER CHARLES
PIETRINI on _/__Z5/LL2./_ (date). I
seal. My
j. KATHRYN E. KUCHLER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994017239
{"'=""';i-M.:.y-cc ... o::oom0m"'=i""ss::ooio0n.o;;Exp~il'86~.;;J;;une~2;;6;;;,,;20~15~,X
PO Box2992
Avon, CO 81620
Proposal for work to be done at 182 West Meadow Drive
Work to be done.
Re Vegatate all disturbed areas.
Area 63,000 square feet.
Finish grade and broadcast seed at 25 lbs per acre
Install coconut weave photo-degrade netting.
Cost . Materials seed, netting. $732.00
Labor to finish grade, sow seed and install netting $1940.00
Project Total . $1872.00
Project Total. $2,672.00
Thank You,
Kurt Kincel
PAYMENT DATE
08/04/2014
COLLECTION STATl6N
Front Desk
RECEIVED FROM
MEG HANLON
DESCRIPTION
Town of Vail
75 South Frontage Road
Vail, CO 81657
(970) 479-2100
PERMIT#D14-0015, PROJ 14-0289
PAYMENT CODE RECEIPT DESCRIPTION
DIA I Developer Improvement Agreement
Payments: Type Detail Amount
~C~he-c~k~~9~9-9~~~~~~~~~~~~$3~,3~4~0...,_,...oo
Printed by: Andy Janusz
Total Cash
Total Check
Total Charge
Total Other
Total Remitted
Change
Total Received
Page 1 of 1
$0.00
$3,340.00
$0.00
$0.00
$3,340.00
$0.00
$3,340.00
Total Amount:
BATCH NO.
2014-00000355
RECEIPT NO.
2014-00004622
CASHIER
Andy Janusz
TRANSACTION AMOUNT
$3,340.00
$3,340.00
08/04/2014 09:16:38 AM
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name , ~\(\h.... Receipt No. {2<:J.2J]
~~ a
Project: ~a;S~--02&1 D lY-C>Ol ~ Date 0 I ( I ( C(
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 "-? ~ '10 -
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 Miscellan~ous MS
Other-MS
Other-MS
Other-MS
Other-MS
001-0000.20110.00 Taxable@ 4.4% (State) -Tax payable TP
001-0000.31012.00 Taxable@ 4% (Town) -Retail Sales Tax T7
TOTAL: 1 'S LO.VJ=!~
* all items charged tax
Cash ____ Money Order# ______ Check# _______ Received __ Le__-'-----
Credit Card:
Visa/MC Last 4 CC #'s ___ Auth #: _____ Name on CC--------------
f/cdev/forms/admin/sales _action _form_ 2013