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Home My WebLink AboutDevelopment Improvement Agreement਍ഀ ਍ഀ ਍ഀ ਍ഀ 4a f ela&mu "A o਍ഀ CASH DEPOSIT FORMAT਍ഀ ~਍ഀ Receipt funds to: Legal Description: Lot 3 Block਍ഀ Name: /77,e•~i4e %t~ Subdivision: o਍ഀ Mailing Address: /Z a:/ Address: / o ri Go਍ഀ S"': boo Developer: 11-r_ _rc-r c.-਍ഀ V4? il CO 81,6 SPermit Number. &17- 6 Zl L਍ഀ Project Number: -aoa਍ഀ Improvement Completion Date: o Z1Z਍ഀ DEVELOPER IMPROVEMENT AGREEMENT਍ഀ ਍ഀ THIS AGREEMENT made and entered into this day of , 200਍ഀ by and among ~Tc%ZZ ~l yVvr~'cs; v (the "Developer"), and the Town of਍ഀ Vail (the "Town").਍ഀ WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of਍ഀ Occupancy for F11 ,ele 2e਍ഀ ਍ഀ (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 $ 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 gr es to complete all improvements referred to in this Agreement on or before the਍ഀ day of , 20 The Developer shall complete, in a good workmanlike਍ഀ mannIvements referred'ta in this Agreement, in accordance with all approved plans਍ഀ and 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:lcdev\FORMS\Permb\PlanningWdministrative ActionS'JDIA cash format-5-16-2007.doc Page 1 of 5਍ഀ ਍ഀ ਍ഀ ਍ഀ AIL~ a. A&਍ഀ IRWI I "'M਍ഀ - -4 V. CL਍ഀ L਍ഀ 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਍ഀ $ 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 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.਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash form at_5-16-2007.doc Page 2 of 5਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ 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:kdev\FORMS1Permb\Planning\Administrative Actions\DlA cash format 5-16-2007.doc Page 3 of 5਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ Dated the day and year first above written.਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ De per/S~਍ഀ ਍ഀ STATE OF COLORADO )਍ഀ ) ss.਍ഀ COUNTY OF EAGLE )਍ഀ The foregoing Developer Improvement Agreement f ore me this਍ഀ Z,,!:- Day of Ee ✓ , 20~fby਍ഀ ਍ഀ Witness my hand and official seal.਍ഀ ਍ഀ My commission expires਍ഀ ``\\\\\\\INIIIIIffffp/ff' '਍ഀ E. C04 y਍ഀ Y•.N਍ഀ O :o=਍ഀ 2. Cp਍ഀ N~ P U Nota Public਍ഀ %o~਍ഀ "Simi 111%)਍ഀ ਍ഀ ਍ഀ ਍ഀ Town-Planner਍ഀ ਍ഀ STATE OF COLORADO )਍ഀ )ss.਍ഀ COUNTY OF EAGLE )਍ഀ The foregoing Developer Improvement Agreement was acknowledged fore me this਍ഀ ,਍ഀ Z'Day of Lay,,6Z,,- , 20N by W, avy, tv~ Lk t-7਍ഀ Witness my hand and official seal.਍ഀ ਍ഀ My commission expires:਍ഀ ਍ഀ vN0TARYr਍ഀ ਍ഀ P(j਍ഀ Nota Public 00,'~.,,,~ p • • - • •0Q~P:~•,਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_5-16-2007.doc Page 4 of 5਍ഀ . ~ b1 : 51Y rKU'I: UYYtK l.KU51 LHI~~t.rir 71 C! .~`r JcJt V • ~ J I .~ui਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ U.C.L./page 2 of 3਍ഀ English/Potato Patch਍ഀ 3/6/08਍ഀ SECTION B. LANDSCAPING.਍ഀ ਍ഀ JOB DESCRIPTION #l. Landscaping bid begins after all backfill, general construction waste਍ഀ or pre-existing debris removed and rough grade and topsoil spreading are complete. Boulder਍ഀ placement and plant material transplanting are not included in cost. Plant trees and shrubs to plan਍ഀ with compost mixed into backfill then mulch 3" deep with wood chips. Prepare perennial garden਍ഀ with compost tilled into the soil, plant perennials then mulch .5" with wood chips. Remaining਍ഀ areas graded and seeded with wildflower and native grass seed mix, then mulched with straw-਍ഀ Apply tackifier. All materials are fertilized. Site cleaned of all landscape debris.਍ഀ ਍ഀ ਍ഀ MATERIAL LIST਍ഀ ਍ഀ Material Size Amount Unit Cast਍ഀ Spruce 8 ft 6 300.00਍ഀ Spruce 10 It 7 500.00਍ഀ Spruce 12 ft 1 700.00਍ഀ Crabapple 3.0" diam 1 325.00਍ഀ Aspen 2.0" diam clump 10 175.00਍ഀ Aspen 2.5" diam clump 6 220.00਍ഀ Aspen 3.0" diam clump 4 320.00਍ഀ Serviceberry 5 gal 15 19.00਍ഀ Woods rose 5 gal 31 18.00਍ഀ Snowberry 5 gal 15 19.00਍ഀ Alpine currant 5 gal 15 18.00਍ഀ Perennial mix I gal 200 6.75਍ഀ Wildflower seed 3 IN਍ഀ Native grass seed 50 lbs਍ഀ Fertilizer 50 lbs਍ഀ Soil blanket 8,500 sq ft .34਍ഀ Compost 8 cu yds਍ഀ Wood chips 8 cu yds਍ഀ ਍ഀ ਍ഀ COST: $20,540.00਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ Town of Vail਍ഀ Department of Community Development਍ഀ 75 S. Frontage Road਍ഀ Vail, CO 81657਍ഀ ਍ഀ Name:_ ink I;A ~ r'bes Receipt No. 4,0 yW਍ഀ Address: IZ I/cu'f R.1 700 Ja+ /਍ഀ Project: PXY07 - 0009 Date /z /z3 / e g਍ഀ Please make checks payable to the TOWN OF VAIL਍ഀ ਍ഀ Account No. Item No. Code # Cost Each Total਍ഀ 001 0000 314 1110 Address Maps ZA $5.00 *਍ഀ 001 0000 314 1110 Zoning Maps ZA $20.00 *਍ഀ 001 0000 319 4400 Custom Maps਍ഀ 001 0000 314 1112 Other Code Books CB਍ഀ 001 0000 314 1211 Blue Prints/M lar Co Fees BF $7.00਍ഀ 001 0000 314 1111 Xerox Copies XC $0.25਍ഀ 001 0000 314 1111 Master Plan MS਍ഀ 001 0000 314 1111 Studies, Master Plans, etc. MS਍ഀ 001 0000 312 3000 Contractors License Fees CL਍ഀ 001 0000 312 3000 Contractors License Fees - RENEWAL CL਍ഀ 001 0000 240 3300 Developer Improvement Agreement Deposit D2-DEP10 AD਍ഀ 001 0000 312 1000 Restaurant License fee TOV RL਍ഀ 001 0000 230 2000 Sec. Assess.-Restaurant Fee to Co.De t.Rev. SA਍ഀ 110 00nn ~1d 1115 Rpsale r-nmrnkalm _ WIS਍ഀ MS਍ഀ PS C' MS਍ഀ d +਍ഀ VIS਍ഀ ~ a rgo~ 0਍ഀ .o X d NS਍ഀ 001 00 - A IRE਍ഀ 001 00 17਍ഀ 4'" ".Vg; TOTAL: Zs 62s-av਍ഀ a m:W~਍ഀ MMM M O਍ഀ C~ll ~ O -f਍ഀ * all ite਍ഀ ਍ഀ ਍ഀ comm........਍ഀ ਍ഀ ਍ഀ Cash Money Order # Check # /62-6 Received਍ഀ ਍ഀ Credit Card: Visa / MC Last 4 CC #'s Auth M Name on CC਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ f/cdev/forms/admin/sales_action_form_2007 1/5/06਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ W I I਍ഀ I 1਍ഀ I I਍ഀ I I਍ഀ W I਍ഀ I਍ഀ a਍ഀ I 1਍ഀ E I 1 I I਍ഀ I olo Ilo਍ഀ 01C• 1 1਍ഀ I W~ I I 1 1਍ഀ 1 a I I 1਍ഀ 1 1 I਍ഀ I a 1 I਍ഀ 1 W I 1 1਍ഀ I H 1 1 I਍ഀ I a I I਍ഀ I la I I ~ ~਍ഀ 1 I I 1 1਍ഀ I 1 I I I I I I਍ഀ I I o l o I l o਍ഀ I W I O 1 0 0਍ഀ Q I਍ഀ I N 1 N ~਍ഀ W N I N N਍ഀ I I਍ഀ I O 1 W I W਍ഀ h N I Ln N W਍ഀ I ~ I N I N I I N '਍ഀ I I 1 I I਍ഀ I 1 I I਍ഀ I I I 1਍ഀ I I I I਍ഀ 1 I p਍ഀ I I p਍ഀ I h 1 I ; 1਍ഀ I 1 O I O 1 0਍ഀ I i O 1 0 N਍ഀ 11 0 N਍ഀ I I Q I • I • I 1 ~਍ഀ H£ I N 1 N I I 111਍ഀ N਍ഀ 1 cn I N I N I c4਍ഀ I W I I ID I In ry਍ഀ Q Ln N I N c4਍ഀ I a I N I N I N਍ഀ W I 1 1਍ഀ q ~ I 1਍ഀ W I I ~਍ഀ F r I I I਍ഀ Ai' I਍ഀ EI਍ഀ w ~ I a਍ഀ O i I-I i o i o o w਍ഀ I m o l o I I o x਍ഀ F Q I਍ഀ a W In I ri In a [਍ഀ I W I N I N I N਍ഀ W਍ഀ q W I Ln 0਍ഀ W I I I I N Q਍ഀ a I I N l N I I N਍ഀ N਍ഀ I I I਍ഀ I I I Q਍ഀ I I I H਍ഀ W I I p਍ഀ W I W I m O o਍ഀ a I H • o਍ഀ F I q i m h਍ഀ H I I O I਍ഀ UI ~ ~j I \਍ഀ a 1 I a਍ഀ w W਍ഀ q W਍ഀ W 1 a D਍ഀ I H I o਍ഀ a 1 \਍ഀ q 1 a tO਍ഀ I 1 1 N O਍ഀ I I \ \਍ഀ I I ry p~਍ഀ W N O਍ഀ l a I N O਍ഀ q N਍ഀ E਍ഀ I 1 ~਍ഀ I ; yJ਍ഀ I ~ O਍ഀ I U਍ഀ 1਍ഀ 1਍ഀ a਍ഀ I E਍ഀ U H਍ഀ z਍ഀ H L1 N਍ഀ O਍ഀ 41਍ഀ zI Na w਍ഀ O 1 W O N 1਍ഀ I ~M I UI r' q o਍ഀ o i H i a D x਍ഀ m ~ 0'~u' i a A H਍ഀ z w ~z N N w਍ഀ q1 WQ E਍ഀ a਍ഀ Iw I x a਍ഀ o 0 W H N £ W਍ഀ o uqi . rn U i 0 W E ~E-I H਍ഀ \ r1 N I U U I W q D `L a਍ഀ Io w •.I I I U .7 '.7 U਍ഀ O O O U਍ഀ ~qY g~ Q Ln਍ഀ F਍ഀ a O H N a F E.਍ഀ ~t I rn I a Q rn m਍ഀ a 'D H 2਍ഀ w lu 1 a਍ഀ WWF I I F C7 A਍ഀ