HomeMy WebLinkAboutB18-0310_Approved Documents_1534528003.pdf75 South Frontage Road
West,
Vail, CO 81657
Office: 970.479.2139
Inspections:
inspections@vailgov.com
Construction
B18-0310
Issued: 08/17/2018
TOWN OF VAIL
Property Information
Address: 501 N FRONTAGE RD W ( 210106302011 )
Unit #:
Parcel Number: 210106302011
Legal Description:Subdivision: VAIL POTATO PATCH Block: 2 Lot: 8 PT OF BK-0240 PG-0723 R657510 QCD 05-19-98
R872489 DEC 03-31-04
Contacts
Contact Type: Applicant
Full Name: Justin Pronga
Address: PO Drawer 5400 51 Eagle Drive, #2 Avon, CO 81620 Phone: 9704710509
Contact Type: Property Owner
Full Name: SONNENALP PROPERTIES INC
Address: Phone: None
Contractor
Contractor Type: General
Company: R.A. Nelson & Associates Inc
State License #:Phone: 970-949-5152
Project Information
Project Name: Solar Vail Employee Housing 2017
Project Description: Grading, excavation, shoring & utilities
Fees Paid
Account #: 001-0000.31111.00 - Building Permit Fee Fee Amount:$2,365.75
Account #: 001-0000.31123.00 - Building Plan Review Fee Fee Amount:$1,537.74
Account #: 110-0000.31060.00 - Construction Use Tax Fee Fee Amount:$1,150.08
Account #: 001-0000.31128.00 - Will Call Fee (Building Scope)Fee Amount:$5.00
Total Paid:$5,058.57
Conditions
CONDITIONS UNDER WHICH PERMITS BECOME VOID:
If construction is not begun within 6 months from the date permit was issued.
If more than 5 months elapses between inspections.
If incorrect information is given on the application at the time the permit was issued.
Christopher Jarecki - Town of Vail Building Official
NOTICE: By issuance of this Permit the applicant agrees to comply with all Titles of the Town of Vail Code and all applicable State and Federal
law. Failure to do so will void this Permit and the applicant shall forfeit all applicable fees.
PERMIT FEE RECEIPT
Case # B18-0310
Date Printed: 08/17/2018
TOWN OF VAIL - FEES RECEIPT
Permit Summary
Case Number: B18-0310 Status: Approved
Permit Number: Date Started: 07/25/2018
Permit Type: Construction Subcases Multi-Family
Lot Number: 8
Property: 501 N FRONTAGE RD W (210106302011)
Contacts
Contact Type: Applicant
Company Name: RA Nelson
Full Name: Justin Pronga
Address: PO Drawer 5400 51 Eagle Drive, #2 Avon, CO 81620
Email: jpronga@ranelson.com
Contact Type: Property Owner
Full Name: SONNENALP PROPERTIES INC
Address:
Permit Fees
Fee Information Account Amount
Permit Fee 001-0000.31111.00 $2,365.75
Construction Tax 110-0000.31060.00 $1,150.08
Will Call Fee 001-0000.31128.00 $5.00
Payment Information Date Paid Payment Type Amount
Will Call Fee 08/17/2018 Check $5.00
Paid By: Sonnenalp - Notes: ck#1107940
Permit Fee 08/17/2018 Check $2,365.75
Paid By: Sonnenalp - Notes: ck#1107940
Construction Tax 08/17/2018 Check $1,150.08
Paid By: Sonnenalp - Notes: ck#1107940
FEE TOTAL $3,520.83
AMOUNT PAID $3,520.83
BALANCE DUE $0.00
08/17/2018 - 11:42:47 AM - Generated by: cgodfrey75 South Frontage Road West, Vail, Colorado 81657
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CONSTRUCTION LICENSE AGREEMENT
f,c THIS ONSTRUCTION LICENSE AGREEMENT (" Agreement") is made as of
the `- day of , 20L6tby and between the TOWN OF VAIL, a municipal
corporation duly organized and existing under and by virtue of thelaws of the State ofColorado
the" Town"), and Solar Vail, LLC (" Developer").
RECITALS:
A. The Developer is the owner of certain real property situate at 501. N.
Frontage Rd, in Town of Vail, which is commonly known or referred to as" Solar Vail." The
property is legally described on Exhibit A attached hereto and incorporated herein by this
reference (" Solar Vail"). The Developer intends to commence the redevelopment and
construction on the Solar Vail Property pursuant to the approved Development and Building
Permit plans referenced under BP- ISt- O3 O
B. The Solar Vail Project is bounded by certain Town public property,
namely ` ilog2i c r, t 1rw ( the " Public
Property"). Certain portions of these Public Property are sometimes referred to hereinafter as
the " Licensed Areas." In order to commence construction of the Solar Vail Project, the
Developer has requested that the Town grant a irrevocable license to install and use, within the
Licensed Areas, tieback anchors or soil nails and other non -vertical components of a construction
shoring system that are necessary to provide interim support for and to stabilize construction,
excavation and installation for the Developer Project and to prevent subsidence of soils during
the course ofconstruction( the" Shoring System"). Developer has also requested that the Town
grant a irrevocable license to install and use, within the Licensed Areas, dewatering wells,
pumps, manifold piping and other elements that are necessary in connection with the dewatering
of the Developer Project site( the" Dewatering System"). The construction and installation
process for the Shoring System and the Dewatering System within the Licensed Areas is
sometimes referred to hereinafter as the " Construction." The Town has determined to grant the
requested license in accordance with and subject to all the terms and provisions of this
Agreement.
NOW, THEREFORE, in consideration of the above premises, and the mutual
covenants and agreements set forth herein, the Town and Developer covenant and agree as
follows:
1. Grant of License; Term.
a) The Town hereby grants the Developer atemporary, non-exclusive
construction license within the Licensed Areas, which license is and shall be irrevocable
and coupled with an interest and non -terminable ( the " License"), for the construction,
installation, operation, testing, inspection, maintenance, use and enjoyment of the
Shoring System and the Dewatering System in conjunction with and throughout the
course of the construction, installation and development of the Developer Project.
Developer agrees, in consideration of the grant of the License, that the Shoring System
and the Dewatering System shall be undertaken in material conformity with the plans and
drawings therefor submitted to and reviewed by the Town in conjunction with the
issuance or pending issuance by the Town of an excavation or building permit for the
Developer Project, as the same may be subsequently modified with the Town' s approval
the " Plans").
b) The License shall become effective as of the date hereof, and shall
remain in full force and effect until the completion of the construction of the Solar Vail
Project, which for this purpose shall be deemed to occur ( i) only at such time as
Developer secures a temporary or permanent certificate or certificates of occupancy
issued by the Town which authorizes the ongoing occupancy, use and enjoyment of all
building improvements within the Developer Project, or(ii) if and when Developer at its
election voluntarily relinquishes its rights under the License by a written instrument to
that effect executed by Developer( which written instrument shall be recorded if this
Agreement is also recorded), or ( iii) if and when the Developer of the_Project fails to
reasonably pursue major construction activity pursuant tothe subject building permit for
a period ofmore than one year, at which time the Developer shall mitigate any necessary
shoring by other means. The License may be used and enjoyed by Developer and its
agents, employees, contractors, and designees, and any other agents, contractors and
invitees actingby, through orunder any ofthem(collectively the"Permittees").
2. Construction Process.
a) The Developer covenants that the Construction will be undertaken
in a good and workmanlike manner in material conformity with the Plans, and otherwise
in conformity withall applicablelegal constructionrequirements asapplied andenforced
by the Town, pursuant to customary drilling construction methods for purposes of
minimizing noise and vibration, and in accordance with other good construction practices
to avoid any physical damagetothe surface ofthe Public Property (except as expressly
permitted hereunder), or any resulting failure ofsubjacent support for the surface ofthe
Public Property. Should there arise any failure ofsubjacent support for the surface ofthe
Public Property, Developer will be solely responsible for restorations as necessary to
bring the surface of the Public Property back into substantially the same or better
condition in which the surface existed before such damages or failure of support, and to
restore any impaired subjacent support therefor, subject to modifications that are in
conformity and/or consistent with the approved plans and specifications governing the
development of the Developer Project, or required pursuant to the Development
Agreement.
b) The Developer will assume full responsibility for any and all
damages incurred by Utility Company ( as hereinafter defined) facilities within the
Licensed Areas that may becaused by the Construction. For purposes of this Agreement,
Utility Company" refers to any company, government entity, or agency that has legally
installed public or quasi -public utility facilities within the Licensed Areas, including, but
not limited to, Eagle River Water and Sanitation District, Excel Energy, Holy Cross
Energy, Comcast Corporation, and Qwest Corporation. Any replacements or repairs of
Utility Company facilities which are necessitated because of damage thereto caused by
the Construction shall be made at the sole expense of Developer, with the remedial work
being undertaken by Developer or therespective Utility Company asthe Utility Company
may elect; if the remedial work is undertaken by the applicable Utility Company,
Developer will reimburse the Utility Company for its out-of-pocket hard construction
costs incurred therefor, provided the Utility Company shall reasonably confer with
Developer in furtherance of minimizing those costs before commencing the work. Any
such reimbursement will be due and owing within thirty ( 30) days after notice thereof
from the Utility Company, accompanied by paid invoices and other documentation
reasonably substantiating theincurrence and payment ofthe subject costs. Theforegoing
obligations of Developer shall not apply to any damaged facilities that are being replaced
by other facilities in conjunction with the Developer Project and to be nolonger used for
providing service.Developer will, however, bear the obligation and cost for any
relocation of Utility Company facilities previously located within the Licensed Areas
which are to be relocated under the terms of the approved plans for the Developer
Project.
3. Non -Exclusive. The License shall be non-exclusive to the extent that the
Town may retain all rights to usethe Licensed Areas that are materially consistent and do not
materially interfere with the use and enjoyment ofthe License, the Dewatering System and the
Shoring System by Developer and the Permittees. The Town specifically agrees that the Town
shall not do or permit anything to be done which physically disturbs or impairs thefunction of
the Dewatering System or the Shoring System during the course of the Construction or the
development of the Developer Project.
4. Completion.
a) Upon the completion of the construction of the Developer Project,
as such completion is defined in paragraph 1( b) above, the License shall terminate, the
Town shall hold the Licensed Areas free from the License, and Developer will have no
further right to the use and enjoyment of the License, the Dewatering System or the
Shoring System and shall be deemed tohave abandoned thesame. It isagreed that upon
suchtermination ofthe License, the Dewatering System and the Shoring System will be
abandoned in place within the Licensed Areas, and Developer will have no obligation or
duty toremove the same, except as provided below:
i) Developer will remove any components of the Shoring
System and the Dewatering System located on the surface or within forty-eight
48) inches below the surface of the Licensed Areas; and
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ii) In the event that any maintenance or new construction for
utility, public transportation or drainage facilities within the Licensed Areas,
whether undertaken by the Town, any Transportation Authority or any Utility
Company, requires excavation that necessitates the removal ofcomponents ofthe
Shoring System or the Dewatering System, the Town may require Developer to
bear the additional incremental, out-of-pocket hard construction costs that are
incurred by the Town or applicable Transportation Authority or Utility Company
in order to remove the subject components of the Shoring System. The Town.
Transportation Authority or Utility Company, as applicable, will confer
reasonably with Developer infurtherance ofminimizing the amount ofthose costs
before commencing the removal work. Such incremental costs shall be paid by
Developer directly tothe Town, the applicable Transportation Authority or Utility
Company within thirty ( 30) days after notice thereof, such notice to be
accompanied by paid invoices and other documentation reasonably substantiating
the incurrence and payment of the costs to be so reimbursed. The Town' s rights
under this paragraph( ii) shall not apply until the termination of the License, and
during the term of the License the Town will warrant and defend Developer and
the Permittees in the use and enjoyment of the License and related possession of
the Licensed Areas, without interference by third-party claims or interests. The
obligations ofDeveloper under this paragraph( ii) may be delegated and assigned
of record, in whole or in part, to the owner from time to time of a specified
portion ofthe Developer Project( which may include a specified portion owned by
Developer), in which event, and notwithstanding any provisions tothe contrary in
paragraph 5 below, the owner from time to time of the specified portion of the
Developer Project will become solely liable for the delegated and assigned
obligations, so long as the assignee owner accepts such obligations by recorded
instrument; moreover, Developer may also delegate and assign all or part of its
obligations under this paragraph ( ii) to any owners association formed with
powers of governance in connection with the Developer Project, or any
metropolitan district formed under Colorado law with jurisdiction over the
Developer Project, and( again notwithstanding the provisions to the contrary in
paragraph 5 below) such association or district shall become solely responsible
for those obligations to the extent the association or district assumes or undertakes
such obligations.
b) Upon abandonment of the Dewatering System and the Shoring
System under paragraph 4(a) above, the Town, in turn and at its election, and without
Developer having any resulting obligation in connection therewith, may leave the
Dewatering System and the Shoring System in place or otherwise manage, treat or
dispose of the Dewatering System and the Shoring System within the Licensed Areas in
any manner permitted by law, and Developer will have no further obligation in
connection with the Dewatering System or the Shoring System from and after such
abandonment, subject, however, to Developer' express obligations under paragraph 4(a)
above pertaining to required removals. Upon the termination of the License due to
completion of construction or otherwise, either party, upon the request of the other, shall
execute and deliver a recordable instrument confirming that such termination has
occurred.
4
5. Successors in Interest; Assignment. With respect to the Developer, the
License shall constitute a non-appurtenant right and interest in favor of the Developer, akin to an
easement in gross. and Developer' interests therein and under this Agreement shall not run to the
benefit of any successor owner of the Solar Vail Property. However, such interests, including
the License, and/ or any obligations of the Developer hereunder, may be assigned and/ or
delegated by the Developer, in whole or part and pursuant to written instrument, to any other
party acquiring an ownership interest in the Solar Vail Property or any portion thereof,or any
party engaged in the undertaking of the Solar Vail Project. Notwithstanding any such
assignment or delegation or any succession of ownership interests in the Solar Vail Property, the
Developer will remain liable for its obligations hereunder ( subject, however, to the provisions of
paragraph 4(a)( ii) above). No present owner or successor in interest in and to the Solar Vail
Property, or any portion thereof, will have any obligation for any of the Developer' obligations
hereunder except as provided in any written assumption made by such owner or successor as an
assignee of Developer hereunder. In the case of any assignment, and subject to the foregoing
provisions, theterm" Solar Vail" hereunder shall mean the assignee then holding the Developer' s
rights hereunder. The License and the terms of this Agreement shall touch and concern and run
with theland as a burden and benefit tothe ownership ofthe Licensed Areas.
6. Monitoring. Developer shall provide for the monitoring of any movement
that may result in damage to any Town owned Structures. Such monitoring activities shall be
performed in accordance with the monitoring plan attached hereto as Exhibit B and incorporated
herein by this reference(the"Monitoring Plan"). Developer shall install a sufficient number of
monument measuring devices(" Monument Devices") to establish an informational base of
existing building and improvement conditions. All Monument Devices shall be installed and
maintained in good condition at the Developer' s expense.
7. Structure Remediation. In the event that the Developer's shoring,
dewatering, and/ or other construction activities cause any damage to any Structures, the
Developer shall, at its own cost and expense, repair such damage and return the Structures to
their previous existing condition or better by means permitted by law and approved by the Town.
8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
9. Entire Agreement. This Agreement sets forth the entire agreement and
understanding of the parties with respect to the subject matter hereof, and any prior or extrinsic
agreements or understandings with respect to the subject matter hereof, whether oral or written,
are superceded hereby.
10. Waiver and Amendment. In no event shall any failure by Developer or the
Town to enforce any provision in this Agreement be deemed a waiver of the right to enforce
such provision thereafter. This Agreement may be amended, and any provision hereof may be
waived, only to the extent set forth in a written instrument executed by the party against whom
enforcement of such amendment or waiver is sought.
11. Attorneys' Fees. In the event any legal proceeding arises out of this
Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover
5
from the other all of the prevailing party' scosts and expenses incurred in connection therewith,
including reasonable attorneys' fees( and any presiding court shall be bound to make this award).
12. Recordation. This Agreement shall be recorded in the real property
records for Eagle County, Colorado, at the expense ofthe Developer.
13. Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute and original, and which together shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the Town and Developer have made this Construction
License Agreement as ofthe day, month and year first above written.
ATTEST:
TOWN OF VAIL, a municipal corporation duly
organized and existing under and by virtue of
the laws of the State of Colorado
wn M .nage
STATE OF COLORADO
COUNTY OF EAGLE
Clerk
ss:
The foregoing instrument was acknowledged before me this Lf day of
SA* , 201, by Greg Clifton as Town Manager ofthe Town ofVail, a municipal
corpation duly organized and existing under and by virtue ofthe laws ofthe State ofColorado.
WITNESS my hand and official seal.
My commission expires: D3 je'_ i I.D2QQ
TAMMY NAGEL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014025024
MY COMMISSION EXPIRES FEB. 24, 2022
Signature/ notary blocks continue on next page]
6
STATE OF COLORADO )
COUNTY OF EAGLE )
of
By:
Name:
Title:
aatit
0
ss:
The foregoin > instrument was acki wledged before me this , 1 day of
201 by as
WITNESS my hand and official seal.
My commission expires: l 2-)(0 ) 2a .
MICHELE D. DAVI
Notary Public
State of Colorado
Notary ID N19904001238
M Commission Ex. ires 12.06.2020
NotarvkPublic
7
EXHIBIT A
Legal Description of
Attached)
A- 1
Property
EXHIBIT B
Monitoring Plan
The attached Sketch No. 1 indicates the Survey Monitoring Point(SMP' s) locations based
on discussions with the Town Engineer, Town of Vail. The monitoring of SMP' s PS-1 through
PS- will beas shown inthefollowing table:
Milestone of Work Monitoring Frequency Approximate Dates
Pre-Dewatering/Excavation Two Times
Dewatering Commenced Once every two weeks for the first
three months and then once a month
for balance of this phase.
Foundation 100% Constructed Once a month, for four months or
until survey readings do not change
significantly and once prior to
theissuance of any Temporary
and/ or Final Certificate of
Occupancy is issued.
1
Reports will be generated by and transmitted after each
monitoring survey. The installation of SMP' s and the periodic surveying is the responsibility of
the Developer. Developer will transmit copies of the periodic SMP reports to the Town of Vail.
B- 1
Location of Survey Monitoring Points
Attached)
B- 2
EXHIBIT A
Legal Description of Solar Vail Property
VAIL POTATO PATCH Block: 2
Lot: 8 PT OF BK -0240 PG-0723
A- 1
EXHIBIT B
Monitoring Plan
The attached Sketch No. 1 indicates the p Survey Monitoring Point ( SMP' s) locations based
on discussions with the Town Engineer, town of Vail. The monitoring of SMP' s PS-1 through
PSp will beasshowninthefollowingtable:
Milestone of Work Monitoring Frequency
Two Times
Approximate Dates
Pre- Dewatering/ Excavation NA
Dewatering Commenced Once every two weeks for the first
three months and then once a month
for balance of this phase.
NA
Foundation 100% Constructed Once a month, for four months or
until survey readings do not change
significantly and once prior to
theissuance of any Temporary
and/ or Final Certificate of
Occupancy isissued.
NA
Reports will be generated by Not Applicable with this Lease transmitted after each
monitoring survey. The installation ofSMP' sand the periodic surveying is theresponsibility of
the Developer. Developer will transmit copies of the periodic SMP reports to the Town of Vail.
B- 1
Location ofSurvey Monitoring Points
Not Applicable
with this Lease
B- 2