HomeMy WebLinkAboutB16-0019 Developer Improvement Agreement.pdfReceipt funds to:
Name: PNJJ, INC. DBA McDonald's
Mailing Address: PO BOX 1329 ,
Glenwood Springs, CO 81602
CASH DEPOSIT FORMAT
Legal Description: Lot~
Subdivision: Vail Das Schone Filing #3
Address: 2171 North Fronatege Road West
Developer: PNJJ, INC. DBA McDonald's
Permit Number: ~B-'-'16:::....-_,_00"'-1,_,9'-------
Project Number: ~P-'....:R-"-J_,_,15:::....-_,_02=-1.!...!:0,__ _____ _
Improvement Completion Date: May 30, 2017
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of November, 20.1§.,
by and among PNJJ, INC. DBA McDonald's. (the "Developer''), and the Town of Vail (the
"Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for 2171 North Frontage Road West. Vail Das Schone Filing #3, Lot 2B (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
301h day of May, 2011-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
$1,510.80 as collateral (120% of the total costs of the attached estimated bid(s))
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 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
penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty),
of the Vail Town Code.
Page 2 of4
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
s Minter for PNJJ, INC. DBA McDonald's
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
15th Day of November, 2016 by ---ni~~---~~~~~:-
CAROLYN GODFREY ,..~...._,
Witness my hand and official seal. NOTARY PUBLIC §
STATE OF COLORADO ~-NOTARY 10 20124079543 f,.
My commission expires, ____ .J9S&:I:S: .. ;a.~e..o~::a!tl&i~SaSI:¥0iON!!:iEX!:i!Jia:PII1ir.!R'iiti~~~Ea~aa~il!!iB!!!!lER!<!!1ei1, .. ~22~~:
~~ Notary Public ~
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was acknowledged before me this
15th Day of November, 2016 by _____________ _
Witness my hand and official seal. CAROLYN GODFREY
NOTARY PUBLIC STATE OF COLORADO
My commission ex pi res : ____ ~~MeY5!11C~OMt:lllfiet~8~~~~!iiilxii'ili~Ri;ij2E0~s1!il~~~giilE7i:t9~e6~F'R43~, 1~1~ -:w20:a.§1
~bJ(J
Notary Public ~
Page 3 of 4
ATTACHED COPIES OF THE ESTIMATED BID(S)
Page 4 of 4
McDonalds Landscape Deficiencies (Perennials)
Species
# 1 Columbine Yellow
# 1 Panchito Manzanita Perennials
# 1 Blanket Flower Galliardia grandiflora
#1 Creeping Mahonia repens
Quantity
67
17
30
38
Cost
8.95
8.75
6.95
7.95
Total
599.65T
148.75T
208.50T
302.10T
$1,259.00
X 120%= $1,510.80
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
~~:~~~~~}~ C.>l /iJ(;();l RecelptNo.
Project: ··c.;J o . Date L l I L £ 12 I L(.IJ
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
001.24033.00 Developer Improvement Agreement Deposit D2-DEP1 0 AD /510 .£0
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 T7
TOTAL: I 510 .81:)
* all items charged tax
cash ____ Money Order# ______ Check# 8Sa '-/ Rec~
Credit Card:
Visa/MC Last 4 CC #'s. ___ Auth #: _____ Name on CC -------------
S:\Community Development\FORMS\Finance\sales _action_form_091813