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Home My WebLink AboutPNJJ_McDonalds_060217.pdfTown of Vail Accounts Payable Edit Listing Invoice G/L Due Date Received Confirming Vendor/Remittance Address .Number. Description Date Date Date EFT GIL Date · Notes Amounts Batch Department: Com Dev Com Dev Batch Date: 06/02/2017 Batch Number: 2017-00002260 Batch Description: ComDev-PNJJinc-McDonalds PNJJ,INC. B16-0019 B 16-0019 -REFUND DEVELOPER 06/02/2017 06/02/2017 06/02/2017 IMPROVEMENT AGREEMENT Invoice Department: Com Dev Com Dev Check Sort Code: Bank Account: Operating Account Invoice Terms: DBA:MCDONALDS POBOX 1329 GLENWOOD SPRINGS, CO 81602 Detail: P.O. Number Check Code: Manual Check: No Check Number: C/D/F/T/A/1099 Description N/N/N/N/N/N Developer Improvement Agmt Deposits-B16- 0019-REFUND DEVELOPER IMPROVEMENT AGREEMENT Hold Reason: Quantity U/M 1.0000 EA GIL Distribution: ·GIL Account/Project 001.24033.00 (General Fund.Deposits I Developer Imp Agmt Deposits) Total Invoice Items: Invoice Amount Expensed: $1,510.80 Invoice Amount Unencumbered: User: Shelley Bellm Pages: 1 of2 No Gross: 1,510.80 Freight: 0.00 State Tax: 0.00 County Tax: 0.00 Local/City Tax: 0.00 Discount: 0.00 Retainage: 0.00 Net Amount: ---$-1-,5-1-0-.8-0 Amount/Unit Total Amount 1,510.8000 1,510.80 Expensed Unencumbered 1,510.80 0.00 $0.00 Batch Total Invoices: I Batch Total Gross: $1,510.80 Batch Total Freight: $0.00 Batch Total State Tax: $0.00 Batch Total County Tax: $0.00 .Batch Total Local/City Tax: $0.00 Batch Total Discount: $0.00 Batch Total Retainage: $0.00 ···Batch Total Net:· $1,510.80 Batch Total Unencumbered: $0.00 Grand Total Invoices: 16/2/2017 8:35:47 AM Vendor/Remittance Address Number User: Shelley Bellm Town of Vail Accounts Payable Edit Listing Invoice G/L Due Description Date Date Date Pages: 2 of2 Received Confirming Date EFT G/L Date Notes Grand Total Gross: Grand Total Freight: Grand Total State Tax: Grand Total County Tax: Grand Total Local/City Tax: Grand Total Discount: Grand Total Retainage: Grand Total Net: Grand Total Unencumbered: Amounts- $1,510.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,510.80 $0.00 6/2/2017 8:35:47 AM 0\z Receipt funds to: . Name: PNJJ, INC. DBA McDonald's Mailing Address: PO BOX 1329 , Glenwood Springs, CO 81602 CASH DEPOSIT FORMAT Legal Description: Lot _.2_!2. Subdivision: Vail Das Schone Filing #3 Address: 2171 North Fronateqe Road West Developer: PNJJ, INC. DBA McDonald's Permit Number: =B...!C16::....-=00~1_,_,9,__ ___ _ Project Number: ,_P-'-'R=J..:..:15=--=02=-1-'-'0,__ _____ _ Improvement Completion Date: May 30, 2017 DEVELOPERIMPROVEMENTAGREEMENT THIS AGREEMENT, made and entered into this 15th day of November, 201§, 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 provi~e 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 30th day of May, 2017. 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 foss, 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 fl~ _ ·~-Kla 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 ~~~~~~~~~~~-ij";-- CAROtYN GODFREY , Witness my hand and official seal. NOTARY PUBLIC ~- STATE OF COLORADO ~-NOTARY tO 20124079543 f.··· My commission expires, ____ .J££&eMiiJi,}:!Zi:,~~o~i:a!t!iii~sasliil:O~!iliaEX!e,..a~' .. e~REl::lii!:E~a~a!E!,~B!!i:ER~1rai\Ol<.22"""~'Gff: ~~ 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 expires: ____ ~~· MeYO!Ilc~oMi:iii~liitl~a~ii~~ii&Ixii'ill~R~2e0~J~5~~g~E7Ai9~e6~ER43~~ 1~1~ ,n20~~ Page 3 of4 ATTACHED COPIES OF THE ESTIMATED BID(S) Page 4 of4 McDonalds Landscape Deficiencies (Perennials) Species #1 Columbine Yellow #I Pan chi to Manzanita Perennials # 1 Blanket Flower Galliardia grandiflora #I Creeping Mahonia rep ens Quantity 67 17 30 38 Cost 8.95 8.75 6.95 7.95 Total 599.65T I48.75T 208.50T 302.IOT $1,259.00 X I20o/o= $I,510.80 Town of Vail ' Department of Community Development 75 S. Frontage Road Vail, CO 81657 ~~~~~~~ ~ J/IJO;l Receq,!No. ProJect: ··~ o • Date l l I l£ Q I I (.p . · 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-CDIJump 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 1510 . .80 001 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: 1-"10 .80 "' all items charged tax . cash ___ Money Order# _____ Check# 8Sa '-/ Rec~ Credit Card: . Visa/MC Last 4 CC #!s ___ Auth #: Nameoncc ________________________ __ 8:\Community Development\FORMS\Finance\sales_action_form_091813