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Receipt funds to:
Name: Ikn "S/Ka 1V
Mailing Address: 5'1 Sry TAI"
CASH
Legal Description. Lot
Address: 4A3 b 5P/"&
Developer: A eo
Permit Number: d
Project Number: C
Improvement Completion Date
DEVELOPER IMPROVEMENT AGREEMENT
FORMAT
THIS AGREEMENT, made and entered into this / S day of &--i Y , 20 Oq,
by and among ff!/? ~/!/S✓''JaN (the "Developer"), and the Town of
Vail (the "Town").
Ile
WHEREAS, the Developer, as a condition of approval of the Tempora Certificate of
tlncy for (I,130 Vive4 U/! y 1,11,e o n6~P& v
(address, legal description, and project number) wishes to enter into a Developer Improvement
Agreement; and 11
WHEREAS, the op oblig to provid e it fficient in the
judgement of the Town m e r nable pr i~s fori Improvements set
forth in the attached es a b (s In acco ance with the approved plans and specifications
00
filed in the office of the Co LI&ILty, D lopmen Departm t o the To of Vail; and
WHEREAS, the De I r w es Qpro ide colla gua ntte 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 $ 'x.375' U0 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 i
day of l , 20 . 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: n All aid work shall be done under the inspection of, and to
D [ [ tW6 10ti tion of, the Town Planner, the Town Engineer, the Town Building
Official, other official from the Town of Vail, as affected by special districts or
rvice i icts, as their respective interest may appear, and shall not be deemed
APR 1(; A19
T`MN OF VAIL
F:\cdev\FORM dministrative_Actions\DIA cash format_5-16-2007.doc Page 1 of 5
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
s 43-6.00 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.
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.i6demnify and hold harmless.the Town, and any of its
officers, agents and employees against any losses, clairns, damages; of 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 ac~ions in respeiot thereof) arise Cut of or are based upon
any performance by the Devgloper hereunder; and the Developer'shali feimburse 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.
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1
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\Planning\Administrative_Actions\DIA cash format_5-16-2007.doc Page 3 of 5
Dated the day and year first above written.
KIV Ulf-SM40
Developer
r
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The f regoing Dev Toper Improvement Agreement was acknowledged before me this
Day of 20ul by cc_, L -50
Witness my hand and official seal.
My commission expires G11017 01 Z
Notary Public✓
Town Ptg ne
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing Developer Improvement Agreement was ackn~~ledged before me this
Day of b~P Dk;rnb~l , 20J _by ljo J14k(5Sr-
Witness my hand and official seal.
My commission expires:
NO ,4
NVq
NOTARY '•~i
No of jPublic
PUBLIC ,O
O
91~ ' Q
CO
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ATTACHED COPIES OF THE ESTIMATED BID(S)
F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DIA cash format_5-16-2007.doc Page 5 of 5
Apr, 15 09 11:54p Walsh Associates, Inc.
914-417-2946 p.2
P.O. Sox 2757
Dillon, CO 80435 . '
IRRIGATION &
LANDSCAPING
Estimate
Date Estimate #
4;15!2009 127
Name / Address
C&H Construction
Ken Versman
4230 Spruce Way
Vail, Colorado
Description
Qty
Cost
Total
install new irrigation ! repair existing system
1,000.00
1,000.00
Furnish and install misc. trees and shrubs
2,500.00
2,500-00
Please call with any questions, 970-485-4203
Signature
Total 53.500.00
A
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name:
Receipt No.
Address: $14~ a
,
c rcr" « (A K y C/ god 8D/11
Project: ~ C 1-p
097
5l~a -oy -D 9
Date
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 Cop 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
S M. LxD
001
RL
001
SA
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TOTAL:
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Comments:
Cash Money Order #
Credit Card: Visa / MC Last 4 CC #'s Auth #
Check # U00 Receiv
Name on CC
f/cdev/forms/admin/sales action form 2007
1/5/06