HomeMy WebLinkAboutB17-0014 DIA.pdf CASH DEPOSIT FORMAT
Receipt funds to: Legal Description: Lot , Block
Name:Vail Hotel Partner LLC Subdivision:Parcel#2103-121-00-012
Mailing Address: Address:1300 Westhaven Dr,Vail CO 81657
1300 Westhaven Dr Developer:Vail Hotel Partners LLC
Vail CO 81657 Permit Number: DRB17-0235 Fj 1 — C7c51
Project Number:
Improvement Completion Date:June 15 2018
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of October , 2017 ,
by and among Vail Hotel Partners LLC (the "Developer"), and the Town of
Vail (the"Town").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for Hotel Talisa, 1300 Westhaven Dr,Vail CO 81657
(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 _
day of June 15 , 2018 . 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:
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A cash deposit account with the Town of Vail, as escrow agent, in the amount of
$48,000 as collateral (125% of the total costs of the attached
estimated bid(s)) 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
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penalties pursuant to Section 12-3-9 (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.
Developer
STATE OF COLORADO )
ss.
COUNTY OF EAGLE
The foregoing Developer Improvement Agreement was acknowledged before me t is
Z6 Day of tGFO - , 20/9-by /WAG r-4 'Lt.t a✓tom N ( .
Witness my hand and official seal.
My commission expires_
MARIA MARTA NELSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174000021
MY COMMISSION EXPIRES JANUARY 3,2021
Notary Public
Town Pliafiner
STATE OF COLORADO
)ss.
COUNTY OF EAGLE )
The,ffQregoing Developer Improvement Agreement was acknowledged before me this
3I Day of 0d-06-c.c. , 20 11 by Gk vc 5'60 pt# �} . I��u�~ •-,
Witness my hand and official seal.
My commission expires: 4-e--rtl'Vlf t'- ifs
CAROLYN GODFREY
ti NOTARY PUBLIC
STATE OF COLORADO
fJNOTARY IO 2012A0 11,2020
,.� MISSItJN EXPIRES
PAY COIrI
Notary Publi
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ATTACHED COPIES OF THE ESTIMATED BID(S)
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Colorado Plant Source Estimate
PO BOX 2522
CO 81620 Date Estimate#
10/27/2017 10
Name/Address
Vail Hotel Partners LLC
1300 Westhaven Dr.
Vail,CO 81657
Phase 1 landscaping
Project
Description Qty Rate Total
Preparation of site for plant installation:Scope of work: 20 45.00 900.00
A)Remove all existing vegetation in proposed garden beds with the
exception of existing trees to be protected and preserved as shown
on site plan.
B)Soil preparation to include the amendment of soil with a planting
backfill of clean and screened top soil consisting of 66%native top
soil and 33%compost to a depth of 9"inches.
C)Till 6"inches of top soil import and 3"inches compost for all
areas to be planted.
D)Fill existing fountain with soil 4"below grade
Installation of 1/8"inch x 4"inch Rolled Top Steel edging:Scope 10 45.00 450.00
of Work:
A)Excavation of trench to place edging in all areas per site plan to
specifications
B)installation of 1/8"inch x 4"inch Rolled Top Steel edging
pinned in place with three 12"inch edging pins spaced evenly per
10'foot section of edging and overlapped by a minimum of 12"
inches and secured with 2 pins.
C)Backfill and finish grade to edging so that it is above by no more
than 1/4"inch.
Steel Edging and pins 30 18.99 569.70
Installation of Requested Stone:Scope of Work: 10 45.00 450.00
A)Installation of a 2'foot wide river rock stone border along
existing curb in arrival court yard lines as specified on site plan
B)Top fill existing fountain with 4"inch river rock to match border.
Delivery of Requested Stone:4"inch river cobble 6 yard delivery 5 800.00 4,000.00
Trees:3"inch Multi Stem Aspen(Populous Tremuloides) 13 450.00 5,850.00
#5 Gallon Shrubs:Arctic Fire Dogwood 48 45.95 2,205.60
#1 Gallon Shrubs:Massachusetts Bearberry 6 21.00 126.00
#2 Gallon Shrubs:Waxflower 8 39.00 312.00
#5 Gallon Shrubs:Creeping Western Sand cherry 3 27.25 81.75
#5 Gallon Shrubs:Gold Flame Spirea 6 27.25 163.50
#5 Grass:Feather Reed grass 34 33.95 1,154.30
#1 Grass:Tufted Hair Grass 25 15.75 393.75
#1 Grass:Elijah Blue Grass 56 15.75 882.00
#1 Grass:Blue Avena Grass 35 15.75 551.25
Total
Page 1
Colorado Plant Source Estimate
PO BOX 2522
CO 81620 Date Estimate#
10/27/2017 10
Name/Address
Vail Hotel Partners LLC
1300 Westhaven Dr.
Vail,CO 81657
Phase 1 landscaping
Project
Description Qty Rate Total
#1 Ground Cover:Kinnikinnick 42 15.75 661.50
#1 Ground Cover:Creeping Holly 93 15.75 1,464.75
#1 Perennial:Paprika Yarrow 85 15.75 1,338.75
#1 Perennial:Chinese Astilbe 28 15.75 441.00
#1 Perennial:Fireweed 251 15.75 3,953.25
#1 Perennial:Sweet Woodruff 36 15.75 567.00
#1 Perennial:Bloody Cransebill 18 15.75 283.50
#1 Perennial:Rocky Mountain Twilight Day Lilly 52 15.75 819.00
#1 Perennial:Moonbeam Hosta 207 15.75 3,260.25
#1 Perennial:Georgia Peach Coral bells 250 15.75 3,937.50
#1 Perennial:Lungwort 36 15.75 567.00
#1 Perennial:Black Eyed Susan 108 15.75 1,701.00
#1 Perennial:Japanese Toad Lilly 14 15.75 220.50
#1 Perennial:White Wands Speedwell 69 15.75 1,086.75
Total $38,391.60
Page 2
VAIL HOTEL PARTNERS, LLC
1880 Century Park East,Suite 1016
Los Angeles,CA 90067
October 20,2017
Chris Neubecker
Town of Vail Planning Department
75 South Frontage Road
Vail CO 81647
RE: Hotel Talisa
Dear Chris:
Vail Hotel Partners will commit to completing the following work this fall and will place a bond for
the remaining work to be completed in the spring season.
• Remove the fountain and install new paving
• Remove and replace dead or diseased trees along the main driveway
• Clean-up of all planting beds
• Remaining planting and shrubs for entry drive by June of 2018
• Work remaining has a value of$40,000.A bond will be put in place for$48,000.
The bond will be in place on or before October 27"'
Sincerely,
4.1
Austin Khan
Authorized Representative
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name: 'I I L t`(Of Q PpcTNd's 1_.L-G Receipt No.
Address:
Project: T7 t7—OO1 L1 Ci 37 x'04 J tS r - Date /0 / > / / 17
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/faxes/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-DEP10 AD i{ 4 06c,
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: c{ c{ 00
•
*all items charged tax
Comments:
Cash Money Order# Check# 0 10 3 Received
Credit Card:
Visa/MC Last 4 CC #'s Auth #: Name on CC
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