HomeMy WebLinkAbout2016-13 VRD Lease Amendment for non Golf CourseRESOLUTION NO. 13
Series of 2016
A RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE VAIL PARK AND RECREATION
DISTRICT; 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');
WHEREAS, the members of the Town Council of the Town (the "Council') have
been duly elected and qualified;
WHEREAS, on July 18, 2008, the Town and the Vail Park and Recreation District
(the "VRD") entered into a lease (the "Lease") for certain areas within Ford Park (the
"Ford Park Leased Premises");
WHEREAS, since entering into that Lease, capital improvements have been
made as well as certain adjustments to the boundaries of the Ford Park Leased
Premises; and
WHEREAS, the Parties desire to amend the Lease pursuant to Section 19(a) of
the Lease.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Lease Amendment and
authorizes the Town Manager to enter into the Lease Amendment with the VRD, in
substantially the same form as attached hereto as Exhibit A and in a form approved by
the Town Attorney.
Section 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 5th day ;14-p)l
il, 2016. / n (�
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B`ave Chapin,
Town Mayor
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Resolution No. 13, Series 2016
EXHIBIT A
AMENDMENT TO LEASE
This AMENDMENT TO LEASE (the "Amendment"), is made and entered
into on the day of , 2016 (the "Effective Date"), by and
between the TOWN OF VAIL, a Colorado home rule municipality (the "Town")
and the VAIL PARK AND RECREATION DISTRICT (the "District"), a Colorado
special district (each individually a "Party" and collectively the "Parties").
WHEREAS, on July 18, 2008, the Parties entered into a lease (the
"Lease") for certain areas of real property within the Town, including areas within
Ford Park;
WHEREAS, since entering into that Lease, adjustments have been made
to the boundaries of the Ford Park Leased Premises;
WHEREAS, since entering into that Lease, new buildings and other
improvements have been added to Ford Park; and
WHEREAS, the Parties desire to amend the Lease pursuant to Section
19(a) of the Lease to address the boundary adjustments and new buildings and
other improvements in Ford Park.
NOW THEREFORE, in consideration of the mutual promises contained
herein, the adequacy of which is hereby recognized, the Parties agree as follows:
1. Section 2 of the Lease is hereby deleted in its entirety and replaced with
the following new Section 2:
2. LEASED PREMISES. The Town hereby leases to the District and
the District leases from the Town the real estate associated with, and all
improvements located on, in or under, the facilities set forth below and
more particularly described in Exhibit A attached hereto and incorporated
herein by this reference (the "Leased Premises") -
(a) John Dobson Ice Arena ("Dobson");
(b) The areas listed in Exhibit A-1 as the "Ford Park Leased
Premises";
(c) Public Tennis Courts at Booth Creek;
(d) Ford Park Athletic/Soccer Fields;
Resolution No. 13, Series 2016
(e) Community Resource Space/Imagination Station in the Lionshead
Welcome Center;
(f) Red Sandstone Athletic Field;
(g) Donovan Athletic Fields; and
(h) Golden Peak Racquet Courts.
This Lease does not apply to the Golf Course or the Vail Gymnastics
Center, which facilities are the subject of separate leases.
2. Section 3 of the Lease is hereby amended by the addition of a new
subsection (c) to read as follows:
(c) Conditional Use Permits and Rules. The District's use of the
Leased Premises shall comply with the terms of any conditional use
permit ("CUP") approved by the Town for the Leased Premises, as well as
any rules adopted by the Town governing the use of the Leased Premises
and the Vail Town Code. If there is a conflict between a CUP and this
Lease, the CUP shall control.
3. The Lease is hereby amended by the addition of a new Section 20, to
read as follows:
20. FORD PARK MAINTENANCE — SPECIAL PROVISIONS:
(a) General. This Section 20 shall govern maintenance of Ford Park,
in lieu of the maintenance provisions set forth in Section 8 of this Lease.
The District shall be responsible for maintenance of the leased areas of
Ford Park.
(b) Interior Maintenance. Interior maintenance shall include without
limitation the following:
i. Ensuring all lights and doors are operating properly and
repairing the same in a prompt manner, including replacing all light bulbs.
ii. Replacing batteries in all smoke, fire and CO detectors, as
needed, but at a minimum on a yearly basis.
iii. Painting or staining the interior elements of the building as
needed.
iv. On a semi-annual basis at a minimum, ensuring that any
scratches or dents in the paint or walls are properly repaired.
Resolution No. 13, Series 2016
iv. Repairing and maintaining floors and shampooing any
carpets as needed and at a minimum on an annual basis and repairing
and cleaning any marks in a prompt manner.
V. Ensuring all bathroom facilities are operating properly and
repairing the same in a prompt manner.
vi. Providing janitorial service for regular and consistent
cleaning of the facility; including daily or hourly services as needed.
vii. If public restrooms are provided, ensuring that the restrooms
are properly stocked with the necessary supplies.
viii. Ensuring proper and regular trash disposal within the facility
and trash removal from the facility.
(c) Exterior Maintenance.
i. Regularly maintaining and planting shrubs and perennial and
annual flowers to prevent an unkempt appearance created by overgrown
plant growth or invasive weeds, including general trimming of shrubs and
ground cover to maintain a natural, characteristic shape.
ii. Mowing grass regularly and at a frequency as to not remove
more than 1/3 length of grass blades; while maintaining lawn grass at 2" in
height or less, other than native grasses, which shall not exceed 36" in
height.
iii. Watering and fertilizing lawns and garden areas
appropriately to prevent browning of grass and plants.
iv. Keeping lawns and garden areas neat and free of weeds.
V. Removing grass clippings from streets and sidewalks after
mowing.
vi. Edging grass periodically, and at least monthly during the
growing season, to maintain a clean, trimmed edge.
vii. Pruning trees to remove dead limbs and suckers, to maintain
the general natural shape characteristic of the species, and to remove
limbs that endanger property (i.e. fences, buildings).
viii. Trimming tree branches over sidewalks to provide at least
10' in height clearance.
ix. Replacing and repairing turf as needed.
Resolution No. 13, Series 2016
X. Clearing sidewalks of debris and snow at all times.
xi. Maintaining irrigation systems year round, including
winterization and blowing out of systems prior to freezing temperatures.
xii. Cleaning exterior surfaces as needed, but at a minimum on
a annual basis.
xiii. Painting or staining the exterior of buildings as needed,
ensuring that any scratches or dents in the walls are properly repaired.
xiv. Maintaining and inspecting fences, gates and nets regularly
and ensuring that fences and gates are closed.
xv. Performing litter patrol on a daily basis.
xvi. Using best management practices to ensure that all exterior
maintenance activities have a minimal impact on the Gore Creek
ecosystem.
(d) Areas of Joint Maintenance. The District acknowledges that the
Town leases other portions of Ford Park to third parties (the Vail Valley
Foundation and the Betty Ford Alpine Gardens). The District shall share
with those third parties the responsibility for maintaining the following
areas: Historic Cottage; West Restrooms/Maintenance Building; Root
Cellar; and Trash Building; all as shown on Exhibit A-1.
(e) Maintenance Log. The District shall maintain a maintenance log of
activities which satisfy its obligations under this Lease.
(f) Annual Review. On an annual basis, the Town will meet with the
District to discuss the maintenance and operation of Ford Park,
compliance with this Agreement, any potential capital expenditures and
projects and any other matters concerning Ford Park.
(g) Capital Maintenance. The Town and the District shall be
responsible for capital maintenance of Ford Park as set forth in Exhibit B-
1. Capital maintenance is performed to extend the useful life of assets or
replace assets, at intervals other than annually, and is of a significant
value, including without limitation the following:
i. Interior Capital Maintenance: system and system
component and equipment replacements including mechanical, electrical,
lighting, security and elevators; flooring replacement; replacement of
structural components; and remodels of bathrooms, kitchens and locker
rooms.
Resolution No. 13, Series 2016
ii. Exterior Capital Maintenance: roof replacement; window
replacement; and replacement of walkways, bridges and parking lots.
4. If there is a conflict between this Amendment and the Lease, this
Amendment shall control.
5. The Lease shall be amended to add Exhibit A-1 and Exhibit B-1.
6. All provisions of the Lease not expressly amended in this Amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as
of the date first set forth above.
TOWN OF VAIL
Stan Zemler, Town Manager
ATTEST:
Patty McKenny, Town Clerk
VAIL PARK AND RECREATION
DISTRICT
ATTEST:
Resolution No. 13, Series 2016
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