HomeMy WebLinkAboutB07-0144 DIA��� � ��
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CASH DEPOSIT FORMAT �
Receipt funds to: Legal Description: Lot ('.� Block
Name: �,A-�1- �—C�E •-(-•1�1�L— Subdivision: Y � � �-� ���
Mailin Address: Address: ^ �� C�L ` �
� Lr� L� Si T,�j ��Sv� r�A�Z�a Developer: �� � 1 t' z-- l-� +2'� ��
��! �`p' l d�� g Permit Number. l� d' � r01
Project Number: R�"�� - 623g
�, �� Improvement Completion Date: °
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ��day of ��►E , 20 J�
by and among �v�iJ �.bCo �rceu� (the "Developer"), and the Town of
Vail (the "Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for �L Z� ��G ��� C9 [! tyC� I'J o� o i 4�-
(address, legal description, and project number) 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 p�rf'ormance of this
Agreement, including completion of the all improvements referred to in this Agreement, by means
of the following:
The Developer agrees to establish cash de osit account with the Town of Vail, as
escrow agent, in the amount of $ 3 �°—°- as collateral for the
completion of all improvements refe�red t in this Agreement, in the event there is a
default under this Agreement by the Developer.
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 a rees to complete all improvements referred to in this Agreement on or before the _
day of � 7�' � vL-! , 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
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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
$� 7S0 == as collateral 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
o�cer 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 thereofl 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.
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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 thc 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
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 above written.
STATE OF COLORADO
COUNTY OF EAGLE
)
) ss.
)
oper
� �9- � v
The foregoing Developer Improvement Agreement was acknowledged before me this
�,'SDay of , 206 �by �i��--
Witness my hand and official seal.
�.�,�'"`'�,.
My commission expires �- °C --- � � �' '�
STATE OF COLORADO
COUNTY OF EAGLE
�,�, ` ��( G�.�.�
Notary Public
�/�_ � �L--
Town Planner
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)ss.
)
.:: � ,�, -.
,ti?.
�
•. r..,1 4�'§ �
The foregoing Dev per Improvement Agreement was acknowledged befere me this
�Day of Q. , 20L� by l,� ; �l i c�� ✓l'� ��f� l��rn-.
Witness my hand and official seal.
My commission expire
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s.� .
$HORT-FORM SUBCONTRACT AGREEMENT
CONTRACTOR'S NAME:
ADDRESS:
PHONE:
FAX:
uc #:
DATE:
OWNER'S NAME:
ADDRESS:
PROJECT ADDRESS:
CONSTRUCTION LENDER:
ADDRESS:
Philippe Courtois, Courtois Building Group !nc
PO box 1313 Vail , Co 81658
970-331-8233
970-926-0903
306B TOV
6/2/2008
Paul Raether
227 ROCKLEDGE ROAD
VAIL, CO 81658
1. PARTIES
This Subcontract (hereinafter referred to as "Agreement") is being entered into on the 2 nd day of June
2008 and is between PHILIPPE COURTOIS, Courtois Building Group Inc ,(hereinafter referred to as
"Contractor"); and Heartwood Custom Woodworks Inc (hereinafter referred to as "Subcontractor").
Subcontractor's license number is: �� /,� Subcont�actor warrants that he is prope�ly licensed to
perfoRn the type of work described in �his Agreement and that he is an independent contractor and not
an agent or employee of the Contractor.
SUBCONTRACTOR'S ADDRESS: Chamber Road Eagle , Co
PHONE: 970-328-6816
FAX:
Subcontractor's business is a:
__ Sole Proprietorship; � Partnership; X Corporation
Subcontractor's Federal Tax I.D.# or S.S.#:
In consideration of the mutual promises contained herein, the parties agree as follows:
11. GENERAL SCOPE OF WORK DESCRIPTION AND SUBCONTRACT AMOUNT
Subcontractor will furnish all labor, equipment, tools, materiats, transportation, supervision, and all
other items required for safe operations to complete the following work which will comply with the
latest edition of all applicable building codes and the Contract Documents referred to below (if conflict
between plans, specifications, Subcontractor's proposal, or this Agreement arises, then this Agreement
is controlling): Facia , Soffit and window trim on exterior. All material will be stained
and finished . All. scaffolding will be supplied , erected and dismantled by
subcontractor. All materials will be removed from site upon completion and all
trash to be removed .
(Additional Work Description page(s) attached:xYes; No) See Town of Vail approved drawings
LUMP SUM SUBCONTRACT AMOUNT AND PAYMENT SCHEDUL • racto o pay
Subcontractor the total Lump Sum Amount of: - ��� /Q
575,04Q.00
���,
Receipt of payment from Owner is a condition precedent to payin ubcontrac er this Ag�eement.
Paymer�ts to be made to Subcontractor as foilows: Deposit 50%
' Compietion 50%
III. GENERAL CONDITlONS FOR THE SUBCONTRACT AGREEMENT ABOVE
A. EXCLUSIONS FROM SUBCONTRACTOR'S SCOPE OF WORK
Labor and materiais for the following work have not been included by Subcontractor:
N/a
B. CONTRACT DOCUMENTS
Subcontractor will perform its work in accordance with all Contract Documents, which are identified
as follows:
x This Construction Agreement
x Plans:
_ Specifications:
_ Addenda:
_ Miscellaneous:
Subcontractor warrants that he has been fumished all Contract Docurr�nts referred to above and has
thoroughly familiarized himself with all Contract Documents and the existing site conditions.
C. WORK COMMENCEMENT AND COMPLETION TIME
Work shall commence June 15,2008 and take approximately 42
OF THE ESSENCE in all aspects of Subcontractor's performance.
calendar days to complete. T1ME IS
�%I'21 �pg
D. INDEMNIFICATION
Subcontractor (and his agents) shall at all times indemnify, protect, defend, and hold harmless
Contractor and Owner from all loss and damage, and against all lawsuits, arbitrations, mechanic's liens,
legal actions of any kind whatsoever, attorney's fees, and any costs and expenses which are directly or
indirectly caused or contributed to, or claimed to be caused or contributed to, by any act or omission,
fault or negligence, whether passive or active, of Subcontractor or his agents or employees, in
connection with or incidental to the work under this Agreement.
E. SUBCONTRACTOR'S INSURANCE
Before commencing work on the project, Subcontractor and its Subcontractors of every tier will
supply to Contractor duly issued Certificates of Insurance, naming Contractor as an "additional
insured," showing in force the following insurance for comprehensive general tiability, automobile
liability, and worker's compensation*:
x comprehensive general liability with limits of not less than $100,000.00 per occurrence;
x automobile liability in comprehensive form with coverage for owned, hired, and non-owned
automobiles;
x worker's compensation insurance in statutory form.
* All insurance binders must contain a clause indicating that certificate holders be given a minimum of
10 days written notice prior to cancellation of Subcontractor's insurance. Subcontractor must fumish
the inwrance binder referred to above as an express condition precedent to the Contractor's duty to
make any progress payments to Subcontractor pursuant to this Agreement.
F. EXPRESS WARRANTY
At the request of Contractor, Subcontractor will promptly replace or repair any work, equipment, or
materials that fail to function properly for a period of one year after completion of the project, at
Subcontractor's own expense. Subcontractor will also repair any surrounding parts of the structure
that are damaged due to any failure in Subcontractor's work during the warranty period.
� i ewc RFf:lll OTI�INC eNn ce��i-v
Subcontractor will comply with all statutes and regulations that establish safety requirements
(including, but not limited to those of OSHA and any state agency regulating job-site safety). By signing
this Agreement, Subcontractor knowingly and willingly accepts fuN respons+bility for the safe
operation of all of its activities and the protection of other persons and property during the course of
this project.
H. DISPUTE RESOLUTION AND A7TORNEY'S FEES
Any controversy or claim arising out of or related to ihis Agreement involving an amount less than
$5,000 (or the maximum limit of the court) must be heard in the Small Claims Division of the
Municipaf Court in the county where the Contractor's office is located. Any controversy or claim
arising out of or related to this Agreement which is over the maximum doltar limit of the Small Claims
Court must be settled by binding arbitration administered by the American Arbitration Association in
accordance with the Construction Industry Arbitration Rules. Judgment upon the award may be entered
in any Court having jurisdiction thereof.
Subcontractor agrees to contractually make this AAA Arbitration Dispute Resolution Clause irrevocably
bind and "flow down" to all lower-tier Subcontractors. This Agreement is not assignable.
The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of
reasonable attomey's fees, costs, and expenses.
I. ENTIRE AGREEMENT� MODIFICATION, SEVERABILITY
This Subcontract Agreement represents the entire agreement of the parties. Prior discussions or
verbal representations that are not contained in this Agreement are not a part of this Agreement. This
Agreement cannot be modified by oral agreements but can only be modified by a written agreement
which is signed by both parties.
.1. ADDIT10NAL LEGAL NOTICES REQUIRED BY STATE OR fEDERAL LAW
(See page attached: Yes ; No� )
K. ADDITIONAL TERMS AND CONDITIIONS
(See Pa9e attached: Yes ; No�)
I have read and understood, and I ag�ee to, all the teRns and conditions contained in the Agreement
abo�re.
�9 G� Q�
Da e
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�ei !�/��
� � �D/eK i.�t/�G
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��i ,v' Town of Vail
V Department of Community Development
75 S. Frontage Road
Vail� CO 87657
Ac�jiress: ' Z2� Koe
PrSjecf: $07—oi`1�1
�
�
Account No.
OOQ 0000 314111 Q
00 0000 3141110
00 0000 319 4400
001 0000 314 1112
007 0000 314 1211
00 0000 3141111
001 0000 314 1111
001 0000 314 1111
00 0000 312 3000 �
00 0000 312 3000 i
00 0000 240 3300 I
DO 0000 312 1000 I
�0 . 0000 230 2000 ;
j/ 1z7z Tru t Receipt No. 600 6Z
f
Date 6 / 2 � / o$
Please make checks payable to the TOWN OF VAIL
Item No Code # Cost Each Total
Code
11�0000 314 1115 Resals
T— Other-
� Other -
Other -
Other -
No
Fees
Plan
, Master Plans, etc.
;tors License Fees
.tors License Fees -
�ement Agreement Deposit D2-DEP10
�ense fee (TOV)
.-Restaurant Fee to Co.Dept.Rev.
CB
CL
RL
SA
MS
MS
MS
� �� �
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209 1000 Taxable 4.4� State - Tax pa able
3101200 Taxable 4% (Town • Retall Sales Tax form of Vai 1
+� (�1STOMER f�ECElN7 �f
tiper: AJW�I.ISI Type: FB UraMer: 1
Date: 6/�7/bt! 8i kereipt no: 1d43�
Custo�er Location Na�e A�ount
�b;s1 �HH42 kaether Fa�ily 1992
ND --' AN-DEPUSITS
f COde o 001-0000-319-44-00 � R F�MIILY TNS �ys750. d�
Nh1UJECT bd7-N144
r�7 xOpILEUGE RuHll
lents: ' Tender detail
'� CI� CNtCtt �sll f93751a.68
fotal ten�ered i937�.0d
Total pay�ent f93i58.88
TranS date: 6/27/B8 Ti�e: 8:44:�
Money Order # Check # Z37/
TW�IK YOtI FUR YOUR PFIYMENT!
1 /5/OB
PREPARED 7/30/08, 11:32:25 DEPOSIT REFUND.REPORT-UPDATE PAGE 1
PROGRAM MR415U
Town of Vail
---- ------------------------------ — -------- — ------------------------------- ------ — --- — ------------- — -------------------------
CUST-ID CUSTOMER NAME TYPE
CHARGE DEPOSIT DEPOSIT-ADJ ADJUSTMENT AFTER-REFUND
CODE DESCRIPTION TX-DATE AJ-DATE AMOUNT AMOUNT AMOUNT AMOUNT
-------------------------------------- — -- — ------------------------------------- — ------------------ — ----------------------------
2831 RAETHER, PAUL � D2 �
DEP10 Dep-Developer Imp Agrmts 6/27/OB 7/30/08 93750.00 93750.00 93750.00- .00
--------- — -- ------------- ------------- -------------
TOTAL FOR CUSTOMER TYPE: D2 93750.00 93750.00 93750.00- .00
— ----------- ------------- ------------- -------------
------------- '------------ ------------- -------------
GRAND TOTAL: 93750.00 93750.00 93750.00- .00
DEPOSIT COUNT: 1
G/L BATCH CREATED: BATCH-02133 2008/07 USERID-JLOVATO AP HELD
COiTNT- .00 AMO[7NT- 93,750.00