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Home My WebLink AboutDIA-Replacement Landscapingt COPY M THE ARRABELLE July 1, 2009 AT VAIL SQUARE Town of Vail 75 South Frontage Road Vail, CO 81657 Attention: Warren Campbell Re: Arrabelle at Vail Square - Replacement Landscaping Gentlemen: In connection with the development of the Arrabelle at Vail Square Project (the "Project"), The Vail Corporation, d/b/a Vail Associates, Inc., predecessor-in-interest to Arrabelle at Vail Square, LLC ("AVS"), Lion Square North Condominium Association, Inc. ("LSNCA"), Lion Square Condominium Association, Inc. ("LSCA") and Lion Square Phase 11/111 Condominium Association, Inc. ("LSII/III", and together with LSNCA, LSCA collectively, "LSL") entered into that certain Covenant and Easement Agreement (the "Easement"), dated as of April 1, 2005. AVS and LSL have agreed to enter into that certain First Amendment (the "Amendment") to the Easement (a copy of which is attached to this letter as Exhibit A). Capitalized terms used in this letter shall have the meanings ascribed to them in the Amendment. This correspondence is to memorialize and confirm that, following execution of the Amendment and payment of the Reimbursement to LSL, AVS will have satisfied and discharged all obligations, conditions and requirements arising in connection with the Replacement Landscaping, and that no further action by or on behalf of AVS is or will be necessary or required in connection with the performance of that obligation. Upon execution of the Amendment to the Easement and payment to LSL of the Reimbursement, the Replacement Landscaping shall no longer act as a condition to the issuance of any certificate of occupancy for the Project. Please join in and provide such confirmation by the proper execution of this letter on behalf of the Town as set forth below. This letter may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. Either party may provide confirmation of its execution and legal delivery of this letter by facsimile or email transmission of a copy of its signed counterpart. Very truly yours, Arrabelle at Vail Square, LLC by Vail Resorts Development Company its Managing Member By: Name: Title: f ACCEPTED AND CONFIRMED: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By Na Tit Da EXHIBIT A Amendment (follows immediately) i . S~ 8(1 111 ~t~` iH- ~ ' I On 1 ~1 1 F F `-i ' e Y , 4 e l ° u _ t ii ] p ` rs ,rx ti - ° ° 1 ..y - + ~ . 4oea oa°° • ~~4 ~,i, }~f ~d ~c BFI - - • • l .1 0 ie~ ti e ~ 2 C t ti. p 4 1 1 0. • t i F. ~ ~ ~L " 4 o YD _ ~ b y ~i R 3 IF ! fF flits 1 0 -j tj3 ~i titillli ' y F I Y t F F f s i 2 ~ to ll f l j~ jt hill D I s W-1), H fill Ss ililY rr Yl it ! ~ 1! }l } t .1 ' i a~llJi3 hj? X11 IirR •s r ti COPY CASH DEPOSIT FORMAT Receipt (funds [t~o: Legal Description: Lot I Block Name: I..ion~l. tt ~42 ASSoc:nc, Subdivision: ; Lton : : Mailing Addres : Address: 660 W. "'OAA04 a aw (060 W. 1-:0ns60. ace Developer: , S cso ,.c. Us:~ Co V %J SI65'7 Permit Number: Project Number: 0'7-. 00 4• , • Improvement Completion Date: akt4 y' 331,akolo DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEME ~41 made and entered into t is J D day of 2009 by and among_ Lu2n a^10 (the "Developer")! and the Town of Vail (the "Town"). Inc, a condition of approval f the Temporary Certif aryte of PIP_ f 7iAgQ L-f r Wes? L.'anrl~e 11A,&- WHEREAS, the Occupancy for Lon (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 performance of this Agreement, including completion of the all improvements referred to in this Agreement, by means of the following: The Developer agrees to establish a cash deposit account with the Town of Vail, as escrow agent, in the amount of $ ISO. 00 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. 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 31 day of nw c , 20J0 . The Developer shall complete, in a good workmanlike manner, all impr vements 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 F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_5-16-2007.doc Page 1 of 5 r , complete until approved and accepted as completed by the Community Development Department and Public Works Department of the Town of Vail 2...Y: Tb secure and guarantee-performance of the obliglations'as'setTforth hefeinOthe` Developer.agreestb provMe,tYbllateral;as follgws: A cash deposit accqunt. vyith the Town of Vail, as escrow agent, in'the amount of s . ls~• 6-6 " 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,t~rein'.i,r):this AA6regment.apd 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. Tfae{}T own`sha1I'not;'nor shall! any- "Officer or-emplQyee theroof,; be IipbJe 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 Developel 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 Paragrapti .,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. t' F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_5-16-2007.doc Page 2 of 5 J 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. 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. F:\cdev\FORMS\Permits\PlanningWdministrative-Actions\DIA cash form at_5-16-2007.doc Page 3 of 5 Dated the day and year first above written. 4 6~ _ Developer STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this 13 Day of 141200 by Witness my hand and official seal. My commission expires 11 ZD/~ -IItI,, D ERS''• . G: .0 = Notary Public Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this Day of --Ft ) lH , 2005- by hao i rrt_/~be Witness my hand and official seal. My commission expires: ANN 6~c y \01ARy • ota ublic ~~''9lFOF CON, F.\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash form at_5-16-2007.doc Page 4 of 5 t~ n.irr ~8e2 -4ost Retail & Wholesale Garden Centers/Nurseries Custom Grolving Landscape & Maintenance Contracting Design/Build Proud Member of PROFESSIONAL LANDSCAPE NETWORK ASSOCIATED LANDSCAPE CONTRACTORS OF COLORADO COLORADO NURSERY & GREENHOUSE ASSOCIATION GARDEN CENTERS OF COLORADO Tree Pricing Arrabelle, LSL Attn: Matt Lydens, Bill Anderson Date: 7.23.8 Project: Arrabelle-Lion Square Lodge Brief Narrative: Pricing for Large trees that were removed from Lion Square Lodge East side due to construction of Arrabelle. Trees removed as agreed upon between Matt Lydens and Bill Anderson: 2 spruce 40 ft 2 spruce 50 ft 3 aspen 6" caliper 1 aspen 8" caliper Quality Spruce trees larger than 25 ft are difficult to locate and cost prohibitive, planting trees that add up to the total footage is more realistic. Example: 50 ft spruce would be replaced with two spruce at 25 ft., 6inch aspen would be replaced with two 3 inch aspen. Pricing based on 2008 installation, add 8% per year for estimated cost increase if planted later. This document for pricing purposes only, not a bid. Does not include pricing for repairing existing landscape. Lions Square North area quantity description unit cost Total Cost add 8% per year for cost increases 4 spruce, installed 20' $3,800.00 replace 2 existing at 40 ft $15,200.00 4 spruce, installed 25' $5,500.00 replace 2 existing at 50 ft $22,000.00 6 aspen (nursery), installed 3" $570.00 replace 3 existing at 6" dia $3,420.00 2 aspen (nursery), installed 4" $850.00 replace 1 existing at 8" dia $1,700.00 12 crane to set larger trees hourly $350.00 distance for reach is needed $4,200.00 SUB-TOTAL $46,520.00 CORPORATE OFFICE GH DANIELS In 8 ASSOCIATES, INC. (970) 524-5010 1-800-970-9747 Fax(970)5244006 140 GH Daniels Boulevard Gypsum, Colorado 81637 www.TheLandscapeCenter.com RE LANDSCAPE SERVICES (970) 241-0297 Fax (970) 241-0338 2523 High Country Court Grand Junction, Colorado 81501 BRECKENRIDGE GARDEN CENTER (970) 547-9693 Fax(970)453-1371 16023 Highway 9, Farmers Korner Breckenridge, CO 80424 EAGLE-GYPSUM GARDEN CENTER (970) 524-5010 Fax(970)524-4006 140 GH Daniels Blvd. Gypsum, CO 81637 RIFLE GARDEN CENTER (970) 625-2585 Fax(970)625-4297 101 W. 26th St. Rifle, CO 81650 LION SQUARE LODGE AND CONFERENCE CENTER V5169 TOWN OF VAIL Date 07/09/2009 Check## Invoice Inv Date Period Invoice Amount TREE DEP 07/09/09 03/2010 58,150.00 5074 5074 Amount Paid 58,150.00 Total 58,150.00 58,150.00 LION SQUARE LODGE ~~B MXI5 0 7 4 n VA SLION AND CONFERENCE CENTER 5074 lAR OPERATING ACCOUNT 24 HOUR BANKING (970) 47aaa00 660 W. LIONSHEAD PLACE COFEPaU Darren VAIL, COLORADO 81657 82-151-1021 (970) 476-2281 c FIFTY EIGHT THOUSAND ONE HUNDRED FIFTY AND 00/100 m 0 DATE AMOUNT m 07/09/2009 ******58,150.00 PAY TO THE TOWN OF VAIL ORDER ATTN: ACCOUNTS RECEIVABLE OF 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 A W ORIZED SIGNATURE 11'00507411' 1: 10210 IS 191:2290S2556I'll RECEIPT - The Town of Vail DATE 20Dq RECEIVED FROM L( D,N S s~.E"~ Lc> n""IDUce N° 60999 Permit Numbers Police Receipt Numbers HOW PAID - Cash Check 5 O-7y By C~v~`