HomeMy WebLinkAboutB16-0031 Developer Improvement Agreement.pdfReceipt funds to:
Name: Mr. Art Reimers
Mailing Address: 445 Round Hill Road .
Greenwich, CT 06831
CASH DEPOSIT FORMAT
Legal Description: Block 3. Lot 8
Subdivision: Vai l Village Filing 11
Address: 3090 Booth Creek Drive
Developer: Shaeffer-Hyde Construction
Permit Number: =B-'-16"'---=-0-=-03"'-1'---------
lmprovement Completion Date: June 30. 2018
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2 nd day of November, 2011.
by and among Shaeffer-Hyde Construction (the "Developer"), and the Town of Vail (the "Town").
WHEREAS, the Developer, as a condition of approval for the issuance of e demolition
permit for 3090 Booth Creek Drive, Block 3, Lot 8, Vail Village Filing #11 (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 ag rees, 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
301h day of June, 2018. The Developer shall complete, in a good workmanlike manner, all
improvements referred to in this Agreement, in accordance with all approved plans and
specifications fi led in the office of the Community Development Department of the Town of Va il ,
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 Build ing
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
$39 ,000.00 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.
Page 1 of 4
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 th is 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
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
Page 2 of 4
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.
STATE OF COLORADO
) SS.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
2nd Day of November, 2017 by :J"::,i.=,, Sle..d.L05C'\C\
Witness my hand and official seal.
My commission expires ~o"j I 5, c?o I£
~u .. ,a~~ N ry Public /
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
2nd Day of November, 2017 by ::50.nsMce a SvJZA"\cg
Witness my hand and official seal.
My commission expires:_,Wr-,,.,.<'"'f"--'-v=;-'-"', f'---_.f_.5.....,1 ............. ~~ ...... l-=9=-----
Page 3 of 4
ATTACHED COPIES OF THE ESTIMATED BID(S)
Page 4 of 4
Land capeTechnologyGroup.com
Estimate Submittal:
Reimers: Landscape Installation 2018 Completion
10/31/2017
ITEM
QUAN I SIZE !MATERIALS
EARTHWORK
GRADING AND SOIL PREPARATION
1 EACH Finish Grading
20 CY Topsoil I Soil Amendment lnstallatior
HARDSCAPES
STONE STEPS AND PATHWAYS
20
6
EACH Co. Buff Step Slabs (3'x3'x5")
EACH CO. Buff Pathway Stones (3'x3'x2.5")
LANDSCAPE BOULDERS
15 EACH Landscape Boulde"
IRRIGATION
ASSEMBLY COMPONENTS
2
2
1
1
1812 -Perennial Garden lnigation
1812 -Native Grass Irrigation
Drip Irrigation (Trees and Shrubs)
Mainline Assembly
$3,692.00
$6,654.20
$4,032.00
JOB TOTALS
SUB-TOTAL I MATERIALS
LABOR, EQUIP
&SUB TOTAL
$2,202.00
$1,490.00
$3,656.00
$763.20
$2.235.00
$3,692.00
$4,419.20
$2,235.00
$4,032.00
ZONES
ZONES
ZONES
EACH
EACH Controller and Wiring System w/ Internet Connectivity
$756.00
$756.00
$504.00
$1,512.00
$504.00
LANDSCAPE LIGHTING
LIGHTING SYSTEM COMPONENTS
5 each Path lights
PLANT MATERIALS
ISPRUCE 2
10' Hoopsii Colorado Spruce
ASPEN -(B&B NURSERY GROWN)
2 2" Aspen (nursery grown)
ORNAMENT AL TREES
2" Spring Snow Crabappple
$567.00
$14,659.60
I I
I
I
Page 1
REI Est 2018 TCO 10312017
Estimate
$567.00
$567.00
$699.00
$699.00
$284.20
$284.20
$142.10
$142.10
I
I
I
I
$2,202.00
$74.50
$182.80
$127.20
$378.00
$378.00
$504.00
$1,512.00
$504.00
B
B
B
B
SPECIMEN CONIFER
2 #20 Montgomery Spruce
1 #15 Weeping White Spruce
2 #15 Tannenbaum Mugo Pine
4 #15 Globe Spruce
6 #10 Globe Spruce
6 #10 Dwarf Mugo Pine
10 #5 Dwarf Mugo Pine
4 #10 Sesters Dwarf Spruce
2 #6 Mesa Verde Spruce
I
SHRUBS -(B&B)
6' Ginala Maple
4'-5' Lilac
I
SHRUBS -(CONTAINER)
2 #15 Deciduous Container Shrubs
2 #7 Deciduous Container Shrubs
15 #5 Evergreen Container Shrubs
115 #5 Deciduous Container Shrubs
I
SODDING/SEEDING
2000 SF Native Seed Mix -Low Grow
PERENNIAL FLOWERS AND GROUNDCOVERS
600 #1 Perennial Flowers and Groundcovers
30 FLATS Perennial Flowers and Groundcovers
LANDSCAPE MATERIALS
MULCH
75 BAGS Western Red Cedar
75 BAGS Soil pep
I EDGING
100 LF Steel Edging and Pins
Tax on materials I TOTALS
$284.20
$99.10
$198.20
$320.80
$330.00
$330.00
$550.00
$220.00
$59.60
$129.50
$116.90
$173.00
$110.00
$507.00
$3,887.00
$549.00
$3,780.00
$1,890.00
$1,575.00
$472.50
$472.50
I I $630.00
$0.00
I I $31,179.80
Page2
REI Est 2018 TCO 10312017
Estimate
$2,391.90
$142.10
$99.10
$99.10
$80.20
$55.00
$55.00
$55.00
$55.00
$29.80
$246.40
$129.50
$116.90
$4,677.00
$86.50
$55.00
$33.80
$33.80
$549.00
I G
$5,670.00
$6.30
$63.00
$945.00 0 0
$630.00
I B
$0.00
$31 ,179.80 I I
0
MATERIALS LEGEND
Type Symbol
~ven:reen frees
tleG s frees
B&B tlect:l.ms 9-nbs ®
tlec s Shrubs
( witarer)
Ab\'.
H5
M5
fM
t7MP
usr
MV5
5t75
WN5
BJ'
N'
55
Q,
O'
!AM
Vt7
N'C
NJ?.
'(;AW
Common Name / Botanical Name
Hoops ii 5pruce I Ptea p.ll<Ie!15 'Hoopsil'
l?wEYI ~ Plie I P ITlJ<I? pi.rn'jlo
ul:h, 5vuce 1 P· ~s 'u
Mesa Verde 5pruce I P<:ea punqem 'Mesa Verde'
5esler's l?wa-15pruc.e I Pr-.ea ~ '5esler's t7w '
Bulfab .Ln I J.ri o oab 'Bulfob'
Aspen I PopuLs trerrubl::b
5pr Snow Cra,,,pph I MaLs '5pr·""I Snow'
fatar"l"1 Maph I Acer tat.arum 'Hot Wna,s '
C;;tena P I Prurus ~ c-,,.eM
AJstr CGpper Rose I Rosa foet· 'B'wb-'
l?warf Arctl:: Wb< I 5al·• purµrea naia
t7w "N d:>a-k I F'\ijs=rpJ> opuhfolus 'Nirus'
i'
Red Berred fl::ler I 5amb.icus Pu'-5
Red lake ~urrall; I Rubrum 'Red lake'
Red l eafed Rooe I Rosa qLaca
fwnl>erni lin.4J!<lckh/ lail::era Lcrata
Vareqaf..ed t7"'lWa>J I Corrus aba ' Hab"
M·• of a=rt.<d p<r""1bl IJ,..,,,.._ <r~>. a.l
"'""..italo:ras..,.s °"""'1 lo-ther ""'"' daac:ta-otts
aid 51'U'ft1: 5 muoc req.i'reirerl.5.
N..t."" b• "'°" """"'° seed mk. ~Y. !Yvma f e><JJe.
2:; Y. 5aidberq 13Leq-ass, I? Y. ::4•orma11 13q 13Leq-ass.
Y. Rdq Mru:t!.311 fe"'"", l?Y. fesnJe
Size
IC)'
'lllQ
25"
2"
6'
'i'-6'
4'-6 '
6'
:; ./
5f,
Qty.
2
2
2
16
10
2
'\
2
2
2
75
2
B
17
20
B
I:?
6
2:?
1,800~
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Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name ,~ ~;~fl~Q Receipt No. LPL/So»-
LL I d
Ad~ress~a / IC \= .
Date I /7 Pro1ect: · .
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 * ·-:,.1
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
001.24033.00 Developer Improvement Agreement Deposit D2-DEP10 AD ~c,,000
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
111-0000.31944.00 Other -MS
Other-MS
Other--MS
Other-MS
001 .20110.00 Taxable (@ 4.4% (State) -Tax payable TP
001-0000.31011.00 Taxable (@ 4% (Town) -Retail Sales Tax T?
TOTAL: ~q,0\""'1\1 .
* all items charged tax
Cash ____ Money Order# _____ Check# 0 /d 7<e5 Rece~
Credit Card:
Visa/MC Last 4 CC #'s ___ Auth #: _____ Name on CC-------------
S:\Community Development\FORMS\Finance\sales_action_form_091813