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HomeMy WebLinkAbout2011-05 Authorizing Town Manager to enter into an Agreement with Vaill Village Homeowners Association for Below-Grade Tunnel Improvements I • RESOLUTION NO. 5 Series of 2011 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE VAIL VILLAGE INN HOMEOWNERS ASSOCIATION TO FUND UP TO $25 OF THE COST TO COMPLETE BELOW -GRADE TUNNEL IMPROVEMENTS NECESSARY TO FULLY IMPLEMENT A DISPERSED LOADING AND DELIVERY SYSTEM IN THE EAST MEADOW DRIVE NEIGHBORHOOD OF VAIL VILLAGE,; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Vail Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, in 1978 the Council passed the Pedestrian Mall Act whereby the goal of pedestrianizing the Vail Village was established; and WHEREAS, the property owners within the Vail Village Inn Phase I & II Condominium Association, Vail Village Inn Phase III Condominium Association, Vail Village Inn Phase V Condominium, and Vail Village Inn Phase IV, Sebastian Hotel (the "WI ") have asked the Town to participate financially in the completion of a below -grade tunnel improvements (the "Improvements "); and WHEREAS, the VVI will fund approximately $75,000 of the $100,000 total estimated construction cost of the Improvements; and WHEREAS, the construction of the Improvements completes a physical connection critical to the operation of a dispersed loading and delivery facility within the boundaries of the Vail Village Inn Special Development District #6 (the "District "); and WHEREAS, the Town and VVI wish to enter into a contractual agreement that outlines the Town's financial participation; and WHEREAS; the Town agrees to make a financial contribution of up to $25,000 to be used exclusively for the construction of the Improvements; and WHEREAS, the Improvements help to achieve the Town's goal of creating a pedestrianized mall; and WHEREAS; providing a location for loading and delivery in the East Meadow Drive neighborhood furthers a compelling public interest of the Town by reducing noise, congestion, and disturbance on East Meadow Drive and improves public safety; and WHEREAS, the Council considers it in the best interest of the public health, safety and welfare to participate financially in the completion of the Improvements in the District; and WHEREAS, an approval of Resolution No. 5, Series of 2011, is required for the Town Manager to enter into a contractual agreement with the VVI on behalf of the Town. Resolution No. 5, Series of 2011 I NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town Manager is hereby authorized to sign, on behalf of the Town, the Below - Grade Tunnel Improvement Financial Contribution Agreement with VVI in an amount up to $25,000 (twenty -five thousand dollars). The terms of the Agreement shall include the following provisions: • Payment from the Town shall be upon issuance of the building permit for the Improvements. Acceptance of the payment shall obligate the completion of the Improvements by WI, • The Agreement shall contain an indemnification provision holding the Town harmless from any and all matters relating to the construction and maintenance of the Improvements, • The Town's participation in the Improvements shall be financial only as the Town shall have no obligation in the construction or ongoing maintenance of the Improvements, and • The Agreement shall be in a form approved by the Town Attorney. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1 day of February, 2011. Dick Cle nd, Mayor of the Town of Vail, Colorado A • �d e I ei onaldson, OF V�q/ ••�,......••` Town Clerk . O: f.. • 16 00000 0 ••• 0 0 00 coo Resolution No. 5, Series of 2011