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Home My WebLink AboutD18-0007 DIA.pdf CASH DEPOSIT FORMAT Receipt funds to: Legal Description: Lot 1 Name: Brue Baukol Capital Partners Subdivision: Vail Village Filing 5 Mailing Address: 1555 Blake Street, Suite 210 Address: 430 South Frontage Road Denver, CO 80202 Developer: Vail Mountain View Residences Phase II, LLC Permit Number: D18-007 Improvement Completion Date: June 15, 2019 DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this /- day of December, 2018, by and among Vail Mountain View Residences Phase II, LLC (the "Developer"), and the Town of Vail (the "Town"). WHEREAS, the Developer, as a condition of approval for the issuance of a demolition permit for 430 South Frontage Road, Lot 1, Vail Village Filing #5 (A Resubdivision of Tract D) (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 15th day of June, 2019, unless a building permit for the future development on the property has been issued prior to this date. The Developer shall complete, in a good workmanlike manner, fall 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 $100,605.00 as collateral (125% of the total costs of the attached estimated Page 1 of 4 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 penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty), of the Vail Town Code. Page 2 of 4 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 first above written. aAee," Chad Brue, Vail Mountain View Residences Phase II, LLC STATE OF COLORADO ) ss. COUNTY OF EAGLE The foregoing Developer Improvement Agreement was acknowledged before me this j4 Day of December, 2018 by ( o — rw Witness my hand and official seal. My commission expires a I' (9---t THERESA L WATSON NOTARY PUBLIC( STATE OF COLORA NOTARY ID 200140 -y PutliC MY COMMISSION EXPIRES FEB. 21, 2021 �nathan ence, Senior Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE 11 The foregoing Developer Improvement Agreement was acknowledged before me this • if Day of December, 2018 by Witness my hand and official seal. /cOc2-b My commission expires: D_ II CAROLYN GODFREY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124079543 / I\ K MY COMMISSION EXPIRES DECEMBER 11,2020 4,7 Notary Public /) Page 3 of 4 ATTACHED COPIES OF THE ESTIMATED BID(S) Page 4 of 4 SHAW VAIL MOUNTAIN VIEW PHASE II Page 2 Gore Creek LLC 9/28/2018 1:55 PM MEMMAMMA Design Development Update Budget-April 20,2018 VMV Phase ll Landscape Re-instatement Estimate.pee Location Phase Description Takeoff Quantity Total Cost/Unit Total Amount Notes 1-Site 002050 SITEWORK SUPPORT' Street Cleaning 1.00 ma 888.60 /mo 889 SITEWORK SUPPORT' 121,858.00 sf 0.01 /sf 889 002370 EROSION CONTROL' Erosion Control Monitoring&Maintenance 1.00 mo 715.40 Imo 715 Stabilized Construction - incl 0.00/incl 0 Entrance EROSION CONTROL` 121,858.00 sf 0.01 /sf 715 002750 CONCRETE PAVING' Repair Sidewalk and Curb 1.00 Is 2,500.00 /Is 2,500 RMS Concrete • CONCRETE PAVING' 121,858.00 sf 0.02 /sf 2,500 • , • 002905 LANDSCAPE' 8'Spruce 5.00 ea 700.00 /ea 3,500 GH Daniels 2"Diameter Aspen 15.00 ea 320.00 lea 4,800 GH Daniels #5 Large Deciduous Shrubs 12.00 ea 95.00 /ea 1,140 GH Daniels #5 Small Decidous Shrubs 40.00 ea 80.00 /ea 3,200 GH Daniels #5 Low Spreading Decidous Shrubs 15.00 ea 75.00 lea 1,125 GH Daniels #1 Ornamental Grasses 27.00 ea 20.00 lea 540 GH Daniels Accent Evergreen Shrubs-Colo Green 14.00 ea 70.00 /ea 980 GH Daniels Juniper #1 Perennials 120.00 ea 20.00 lea 2,400 GH Daniels 4°Pot Perennials 150.00 ea 3.50 /ea 525 GH Daniels Bark Mulch 30.00 cy 130.00 /cy 3,900 GH Daniels Sod 2,250.00 sf 1.20 /sf 2,700 GH Daniels Replace Soil Above Garage 683.00 cy 25.00 /cy 17,075 GH Daniels Replace Soil N.Side of Garage 385.00 cy 25.00 Icy 9,625 GH Daniels Native Seed Mix Includes Soil Prep 13,200.00 sf 0.50 /sf 6,600 GH Daniels IrrigationSystem 1.00 Is 7,500.00 /Is 7,500 GH Daniels LANDSCAPE' 121,858.00 sf 0.54/sf 65,610 • 1-Site 121,858.00 sf 0.57 /sf 69,714 DENTI ALThe information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Buil SHAW VAIL MOUNTAIN VIEW PHASE II Page 3A Gore Creek LLC 9/28/2018 1:55 PM Design Development Update Budget-April 20,2018 VMV Phase 11 Landscape Re-instatement Estimate.pee Estimate Totals Description Amount Totals Rate 69,714 General Conditions 8,048 10.000 % Contractor Overhead 8 Profit 2,722 3.500 % Total 80,484 1.453/sf • DENT!ALThe information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Buili • • Town of Vail • Department of Community Development • 75 S. Frontage Road Vail, CO 81667 • Name:6r J P, k 40)41 £cn,:16/ 74/4".v�.S Receipt No. Address:/ 5 el4/cn q, Sie ?1o,7 ,n i/ec C-0 YD / / ' Project: ?)lt_/)tx) 7 Date 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 * • 001-0000.31.411.11 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 JO)(per. 00 001 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: /a) (XV • *all items charged tax • Comments: V Cash Money Order# Check# /0 Lax Recei -d %ft A Credit Card: . Visa/MC Last 4 CC#'s Auth #: Name on CC S:\Community Development\FORMS\Financelsales_action_form_091813