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HomeMy WebLinkAboutVAIL VILLAGE FILING 5 BLOCK 2 LOT E TIVOLI LODGE_013 LEGAL.pdfCASH DEPOSIT FORMAT Receipt funds to: Legal Description: Lot E ,Block_.-,?_ Name: Robert T. Lazier Subdivision: V.V. Fifth Mailing Address:Address: 386 Hanson Ranch Rd. 386 Hanson Ranch Rd. Developer:Lazier Tivoli LLC Vail, Colorado 81657 Project Number: lmprovement Completion Date: June 23, 2006 DEVELOPER IMPROVEMENT AGREEMEN] THIS AGREEMENT, made and entered into this 24, day of March, 2006, by and among Lazier Tivoli. LLC, a Wvominq Limited Liabilitv Co. (the "Develope/'), and the Town of Vail (the "Town"). WHEREAS, the Developer, as a approval of the Temporary Certificate of Occupancy for (address, legal n, and proj wishes to enter into a Developer lmprovement Agreement; obligated rity or collateral sufficient in the able :ffirpletion of certain improvements set the approved plans and specifications of the Town of Vail: and WHE to guarantee performance of this Agreement,completion of the to in this Agreement, by means of the following:I The Developer agrees to establish a cas with l, as escrow agent, in the total amount of $197,sum of $47,y being held by the Town for the re-vegetation of T nd an $150,000.00 collateral for nt there is a agreements, for the completion of exterior improvements,work the completion of all improvements referred to in this default under this Agreement by the Develq NOW THEREFORE. in consideration of the Developer and the Town agree as 1. The , to furnish all equipment and referred to in this Agreement. The provem to in this Agreement on or before the )in offi and materials necessary t Developer agrees to 23rd day of June,Developer improvements in this in accordance with all approved plans and 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 C:\Documents and SettingsUay Petersonuay's Documents\iAgreements\Lazier Development Agreement.doc Page 1 ofo of ng),as 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 total amount of $197,000.00 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 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. lt 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. lf 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 refened 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. C:\Documents and Settingsuay Petersonuay's Documents\Agreements\Lazier Development Agreement.doc Page 2 of 5 lf 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 (12o/o) 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. lf 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 14 (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. C:\Documents and Settingsuay Pet€rsonuay's Documents\Agreements\Lazier Development Agreement.doc Page 3 of5 Dated the day and year first above STATE OF COLORADO COUNW OF EAGLE ) ) ss. ) Thp-ftqegoing Developer lmprovement Agreement was acknowledged before me this /r<4", of -1-Z^€,.r.4 Lr , 2006 by Robert T. Lazier as Manager of Lazier TivoliLLC. Witness my hand and official seal. My commission expires -}ra--<.^+il \ - -) Sb \ Affi-R,'' ) )ss. ) The foregoing _Day of Developer lmprovement Agreement was acknowledged before me this 20-by Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO COUNTY OF EAGLE C:\Documents and Settingsuay Petersonuay's DocumentslAgreements\Lazier Development Agreement.doc Page 4 of 5 Work to Be Gompleted 1. Re-vegetate Tract E according to the Approved Development Plans. 2. Construct heated sidewalk from Hanson Ranch Rd. to Mill Creek Circle according to the Approved Development Plans. 3. Replace a light post and fixture on the East side of the building with the one removed, in a location approved by the Town. 4. Complete all exterior work on the building, including but not limited to, a railing on the ramp wall according to the Approved Development Plans. 5. Gomplete all site work and Landscaping on and offsite according to the Approved Development Plans. C:\Documents and Settingsuay Petersonuay's Documents\AgreemenF\Lazier Development Agreement.doc Pag€ 5 of 5