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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 1 / 1 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 3 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