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HomeMy WebLinkAboutC99-116 Vail Corporation-t ID 1 V LANDSCAPE GUARANTEE AGREEMENT BEAVER CREEK SUBDIVISION THIRD FILING, TRACT B, LOTS 1,2 &3 SMA-00008 64q - i/(,-J5-( THIS LWDSCAPE G TEE AGREEMENT ("Agreement') made and entered into this,::)�lday o , 1999, by and between The Vail Corporation, a Colorado Corporation, d/b/a Vail ssociates (hereinafter "Owner") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WITNESSETH WHEREAS, the Owner, as a condition of approval of the Final Plat for Beaver Creek Subdivision - Third Filing, Tract B- Lots 1, 2 and 3, (hereinafter referred to as "Project'), desires an Agreement as provided for by the Land Use Regulations of Eagle County , Colorado, 1999, as amended ("hereinafter referred to as "Land Use Regulations") Chapter II, § 5-290 and § 5-240.F.3.h(3)(a); and WHEREAS, pursuant to Land Use Regulation § 5-240.F.3.h(3)(a), the Owner is obligated to provide security or collateral sufficient in the judgment of the Eagle County Attorney to make reasonable provisions for completion of certain landscape improvements as represented on that "Preliminary Landscape Plan for the Tames - Employee Housing - Bachelor Gulch Village" prepared by Dennis Anderson Associates, Inc. and dated January 22, 1999; and WHEREAS, the County determined that the letter from Beaver Creek Design Review Board attached as Exhibit "A" shall be sufficient to meet the requirements of the Eagle County Land Use Regulations set forth above. NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. PROJECT IMPROVEMENTS. \ftpp� 1.1 Scope of Work. The Owner hereby agrees, at its sole cost and expense, to furnish all necessary equipment and material for, and to complete, landscaping referenced in the landscape plan identified above and in accordance with all laws of the United States of America, State of Colorado, County of ?agle, and their respective agencies and affected governmer cal entities. 1.2 The landscape shall be maintained so that it remains alive or will be replaced for a period of three years after it is completed as set forth in Land Use Regulation §4-420.F as it exists on the date of this Agreement.(copy attached as Exhibit "B") 2000. 1.3 Date of Com lei. tion. All Improvements shall be completed prior to November 1, 1.4 Approval and Acceptance of Work. 1.4.1 Owner shall certify the completion of the landscaping in accordance with the approved plan. 1.4.2 Promptly after receiving a request for inspection or certificate of completion, the County Engineer shall review the information presented and, if necessary, make an on -site inspection of the work completed. 1.4.3 All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, and shall not be deemed complete until approved and accepted as complete by the County. 2. SECURITY and COLLATERAL. 2.1 Collateral. No separate collateral shall be required in lieu of which County accepts the representations in the letter attached hereto as Exhibit "A." 3. INSURANCE and INDEMNIFICATION. 3.1 Indemnification. Owner shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen, ' employee, independent contractor, agent or representative involved in the work necessary to comply with this Agreement, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 2 3.2 Certificates of Insurance. The Owner shall secure from any contractor or subcontrac- tor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of'$150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. The Owner, if it serves as the contractor for the Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Improvements specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the Improvements, but all of said liabilities shall be and are hereby assumed by the Owner. The Owner hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County 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 Owner hereunder; and the Owner shall reimburse the County for any and all legal and other expenses incurred by the County 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 Owner may have. 4. GENERAL PROVISIONS. The following shall apply to all Improvements forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Owner shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations. 4.2 Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a three-year correction period, or such longer period as may be prescribed by law, from the time of completion of the Improvements during which time the Owner shall promptly correct or remove and replace, in accordance with the County's written instructions, defective work or materials and consequences thereof. Repair or replacement made under the three-year correction period shall bear an additional one-year 14W/ correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The work shall be inspected, at the request of the Owner, no less than sixty (60) days prior to expiration of the one-year additional correction period, and any deficiencies shall be noted to the Owner. 4.4 Annroval of Final Plat. The County agrees to the approval of the Final Plat, subject to the terms and conditions of this Agreement. 4.5 Amendment and Modification. The parties hereto mutually agree that this Agree- ment may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.6 Assignability. bility. This Agreement- shall be enforceable against the Owner, provided, however, that in the event the Owner sells, transfers or assigns all or part of the subject Project, the obligations of the Owner under this Agreement as to that portion of the subject Project may be assumed in writing by the purchaser of the parcel, and the Owner shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its 12rior written approval to such assumption following an investigation of the financial condition of the purchaser. The Owner shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. H H 4 Lan IN WJTNESS WHEREOF, the parties hereto have executed this Agreement this (,day of , 1999. COUNTY OF EAGLE, STATE OF COLORADO, ,. t `� By and Through Its ATTEST: R-A * BOARD OF COUNTY COMMISSIONERS J Clleil'to the Board of County Commissioners lohnnette Phillips, Chairman Address for giving notice: P.O. Box 850 Eagle, CO 81631 (970) 328-8685 SUBDIVIDER: The Vail Corporation, A Colorado Corporation d/b/a Vail Associates, Inc By: Title: 5 Address for giving notice: Attn: Martha Rehm P.O Box 7 Vail, Colorado 81658 (970) 845-2927 STATE OF COLORADO ) SS County of F471 Ie ) The foregoing was acknowledged before me thLe day of7"1 , 1999, by Frc.d e,•C.e A e S %� Acr � uki �° o r po i- a' f ;ex , WITNESS my hand and official seal. / My commission expires Notary Public G:IKAWIC-DEVIHOUSE.EMP y Nq••. pU8 L 1t : o0 co`OQ�Q' G Setting the �,ranoard for Ovorfd Class Arorne Resorts! Vail Associates, Inc. ....................................................... HAND DELIVERED May 25, 1999 Board of County Commissioners Eagle County, Colorado P. O. Box 850 Eagle, Colorado 81631 Re: Tract B, Third Filing , Beaver Creek Subdivision Your File SMA-00008 Dear Commissioners: The Beaver Creek Design Review Board (the "Design Review Board") has reviewed and conditionally approved the project in Beaver Creek known as The Tames, an employee housing project consisting of two new buildings to be constructed within the above referenced plat (the "Plat") and a remodel of two existing buildings also within the Plat (the "Project"). As part of its requirements in the review and approval process, the Design Review Board requires that a deposit be posted with the Design Review Board in the amount of fifty thousand dollars ($50,000.00) (the "Deposit") to assure completion of the Project, including landscaping. The Vail Corporation, a Colorado corporation, is the manager of the entity developing the Project, The Tames at BC LLC, a Colorado limited liability company (the "Developer"). The Developer has requested the Design Review Board not release the Deposit until Eagle County has authorized a release for the purpose of assuring Eagle County of the installation of landscaping pursuant to that certain Preliminary Landscape Plan The Tames - Employee Housing prepared by Dennis Anderson Associates, Inc., dated January 22, 1999 (the "Plan"), a copy of which has been submitted to Eagle County Community Develcpment. As evidenced by their respective signatures below, the Design Review Board and The Tames at BC LLC by its manager The Vail Corporation i PO Box 7 • Vail, Colorado* 81658• phone 970 476 5601 EXHIBIT v Board of County Comissioners May 25, 1999 Page 2 hereby agree that the Deposit shall be retained by the Design Review Board until the requirements of the Design Review Board have been met and Eagle County has authorized the return of the Deposit to the Developer. Sincerely, BEAVER CREEK DESIGN REVIEW BOARD Mary Holden Director THE TARNES AT BC LLC a Colorado limited liability company By: THE VAIL CORPORATION a Colorado corporation as Manager �s By:. � Frederick S. Smith Vice President elf B. Landscaping Within Off -Street Parldng Areas. All off-street parking areas containing fifteen (15) or more spaces, except for enclosed or sub -grade parking structures, shall provide the following forms of landscaping: Planting Strips. There shall be a planting strip provided along all property lines where a street right-of-way is located adjacent to the parking area. - - • -- a. Width. The planting strip shall have a minimum width of ten (10) feet. Screen. A minimum of eighty (80) percent -of the length- of the planting- strip shall be used to screen the parking area from the street. The screen shallbe a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material or combination thereof, however, the clear vision area shall be maintained. C. ees. A minimum of one (1) tree shall be planted for every twenty-five (25) lin feet of the planting strip. The trees may be massed together, provided the mass does not leave a gap between individual trees or tree masses that exceeds forty ( feet. 2. Interior Planting Planting areas shall be established to break up the interior of all parking areas. a. Minimum Area. minimum of five (5) percent of the interior area of the parking area shall be uired landscaping. b. Islands. One (1) planting and that is a minimum of six (6) feet wide shall be provided for every fifteen ( parking spaces.. The planting islands shall be dispersed throughout the parkin ea, to provide visual relief and shade. c. Parking Rows. Where double rows parking are planned, there shall be a center planting strip installed that is a of seven (7) feet wide. Where any panking row is adjacent to .a circulation there shall be a planting strip installed that is a minimum of seven (7) feet wi d. Trees. There shall be a minimum of one (1) tree plan in each planting island. Within each planting strip, there shall be a minimum o (1) tree planted for every twenty-five (25) linear feet of planting area. SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS A. Collateral. Prior to the issuance of. any development permit, the Community Development Director may require the applicant to submit to the County a surety or cash'oond, letter of credit or other collateral found to be suitable by the County Attorney to guarantee the installation of the required landscaping. The collateral shall be in an amount equal to one hundred -twenty-five (125) 'LAND USE REGULA77ONS 4d3 EXHIBIT 71 EAGLE COMM COLORADO percent of the total cost of supplying and installing the materials depicted in the approved landscape plan, based on the cost estimate provided by the applicant and accepted by the County. When collateral has not been required to be submitted prior to. the issuance of a development permit, then no certificate of .occupancy shall be issued for any portion of the development until the required landscaping has been installed or until a suitable col.ateral has been provided to guarantee that required landscaping will be installed within the first planting season following occupancy of the property. B. Certification and Release. Followizgg installation of the required landscaping, the applicant shall certify that the landscaping has been installed in conformance with the approved plan. The performance guarantee shall be released within ten (10) working days following receipt of the certification and inspection by the County. C. County Use of Security. In the event the landscaping for items contained within the cost estimate is not installed, or is installed in a manner that does not conform with the approved plan, the County may draw upon the security to bring the landscaping into conformance with the approved plan. D. Required Time For Completion. All required landscaping sliall be installed within the first planting season following occupancy of the property. When phasing of a project's construction is approved, then installation of required landscaping may be phased consistent with the project's approved development phasing... E. Irrigation System. That portion of the landscaped area that is live cover that cannot naturally be provided with adequate moisture for the types of plants installed shall be equipped with an irrigation system. When practical, irrigation shall reuse drainage water, use drip irrigation systems, or employ other water -conserving techniques, such as adjusting the timing of the irrigation system to a setting used for low water plants. F. Maintenance. All landscaping shall be healthy at the time of its installation and shall meet the standards of the American Association of Nurserymen. Landscaping shall be maintained so that it remains alive, or it shall be replaced. 1. Landowner Responsible. Maintenance of landscaped areas shall be the responsibility of the landowner. 2. Replacement. Landscaping that does not survive within the first three (3) years after it is planted shall be replaced within three (3) months after it perishes, unless that date is not during a planting season, in which case it shall* be replaced during the next planting season. The replacement vegetation shall be similar in size, type and amount to the vegetation that perished, so the integrity of the landscape plan is preserved. 3. Noxious Plant Materials. Plant materials as listed on the most current noxious plant material list adopted by the Board shall not be allowed as landscaping. LAND USE REGULATIONS 4-16 EAGLE COMM. COLORADO ��. �.M . a ram+ I* Now ✓ T-3 5-2--1 LANDSCAPE GUARANTEE AGREEMENT BEAVER CREEK SUBDIVISION THIRD FILING, TRACT B, LOTS 1,2 &3 SMA-00008 THICAPE GUW- NTEE AGREEMENT ("Agreement") made and entered into this 1 " day of ,1999, by and between The Vail Corporation, a Colorado Corporation, d/b/a Vail Aslociates (hereinafter "Owner") and the Board of County Commissioners of the County of Cagle, State of Colorado (hereinafter "County"). W ITNESSETH WHEREAS, the Owner, as a condition of approval of the Final Plat for Beaver Creek Subdivision - Third Filing, Tract 13- Lots 1, 2 and 3, (hereinafter referred to as "Project"), desires an Agreement as provided for by the Land Use Regulations of Eagle County, Colorado, 1999, as amended ("hereinafter referred to as "Land Use Regulations") Chapter 17, § 5-290 and § 5-240.F.31(3)(a); and WHEREAS, pursuant to Land Use Regulation § 5-240.F-31(3)(a), the Owner is obligated to provide security or collateral sufficient in the judgment of the Eagle County Attorney to make reasonable provisions for completion of certain landscape'improvements as represented on that "Preliminary Landscape Plan for the Tames - Employee Housing - Bachelor Gulch Village" prepared by Dennis Anderson Associates, Inc. and dated January 22, 1999; and WHEREAS, the County determined that the letter from Beaver Creek Design Review Board attached as Exhibit "A" shall be sufficient to meet the requirements of the Eagle County Land Use Regulations set forth above. NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 111111111111111111111111111111111111111111111111111111 um