HomeMy WebLinkAbout2016-14 Vail Valley Foundation Lease Amendment for Betty Ford Alpine GardensRESOLUTION NO. 14
Series of 2016
A RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE VAIL VALLEY FOUNDATION; 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 August 18, 2000, the Town and the Vail Valley Foundation (the
"VVF) entered into a lease (the "Lease") for certain areas within Ford Park (the "Leased
Premises");
WHEREAS, significant capital improvements were added to the Leased
Premises in 2014;
WHEREAS, certain adjustments and corrections need to be made to the
boundaries of the Leased Premises; and
WHEREAS, the Parties desire to enter into the Lease Amendment pursuant to
Section 21 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 VVF, 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 aregular meeting of the Town
Council of the Town of Vail held this 5th day of_4,oril, 216.,
Ch
Town M
Resolution No. 14, 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 VALLEY FOUNDATION (the "Foundation"), a Colorado nonprofit
corporation (each individually a "Party" and collectively the "Parties").
WHEREAS, on August 18, 2000, the Town and the Foundation entered
into a lease (the "Lease") for certain areas within Ford Park (the "Leased
Premises"),-
WHEREAS,
remises");
WHEREAS, on July 1, 2007, the Lease term was extended to May 31,
2038;
WHEREAS, significant capital improvements were added to the Leased
Premises in 2014;
WHEREAS, certain adjustments and corrections need to be made to the
boundaries of the Leased Premises; and
WHEREAS, the Parties desire to amend the Lease pursuant to Section 21
of the Lease.
NOW THEREFORE, in consideration of the mutual promises contained
herein, the adequacy of which is hereby recognized, the Parties agree as follows:
1. Exhibit A-1, attached hereto and incorporated herein by this reference,
shall replace the Exhibit A originally attached to the Lease.
2. Section 19 of the Lease is deleted in its entirety and replaced with the
following new Section 19:
19. General Maintenance. The Town and the Foundation shall be
responsible for general maintenance of Ford Park as set forth in Exhibit
B-1, attached hereto and incorporated herein by this reference. General
maintenance shall include without limitation the following:
A) Interior Maintenance:
i. Ensuring all lights and doors are operating properly
and repairing the same in a prompt manner, including replacing all
light bulbs.
Resolution No. 14, Series 2016
ii. Replacing batteries in all smoke, fire and CO
detectors, as needed, but at a minimum on a yearly basis.
iii. Painting the interior of the building as needed,
ensuring that any scratches or dents in the paint or walls are
properly repaired.
iv. Repairing and maintaining floors and shampooing any
carpets as needed and repairing and cleaning any marks in a
prompt manner.
V. Ensuring that 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 a service being provided,
ensuring 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.
B) 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.
iii. Maintaining lawn grass at 2" in height or less, other
than native grasses, which shall not exceed 36" in height.
iv. Watering and fertilizing lawns and garden areas
appropriately to prevent browning of grass and plants.
V. Keeping lawns and garden areas neat and free of
weeds.
Resolution No. 14, Series 2016
vi. Removing grass clippings from streets and sidewalks
after mowing.
vii. Edging grass periodically, and at least monthly during
the growing season, to maintain a clean, trimmed edge.
viii. 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).
ix. Trimming tree branches over sidewalks to at least 10'
in height.
X. Replacing and repairing turf as needed.
xi. Clearing sidewalks of debris and snow within each
Leased Premises as set forth in Exhibit A-1 as necessary.
xii. Maintaining irrigation systems year round, including
winterization and blowing out of systems prior to freezing
temperatures.
xiii. Washing exterior surfaces as required.
xiv. Repairing and repainting exterior painted surfaces as
needed, ensuring that any scratches or dents in the paint or walls
are properly repaired.
xv. Maintaining and inspecting fences and gates regularly
and ensuring fences and gates are closed.
xvi. Performing litter patrol on a daily basis.
xvii. Using best management practices to ensure that all
exterior maintenance activities have a minimal impact on the Gore
Creek ecosystem.
C) Areas of Joint Responsibility. At the time of execution of this
Amendment, the Town leases other portions of Ford Park to third
parties, Vail Recreation District and Betty Ford Alpine Gardens.
The Foundation shall share in the responsibility for maintaining the
following area in accordance with this Amendment with those third
parties: the Trash Building, as shown on Exhibit A-1.
Resolution No. 14, Series 2016
3. A new Section 28 is added to the Lease, to read as follows:
28. Capital Maintenance Responsibilities. The Town and the Lessee
Parties 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:
A) 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.
B) Exterior Capital Maintenance: roof replacement; window
replacement; and replacement of walkways, bridges and parking lots.
4. A new Section 29 is added to the Lease, to read as follows:
29. Conditional Use Permits and Rules. The Foundation'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.
5. If there is a conflict between the Lease and this Amendment, this
Amendment shall control.
6. All provisions of the Lease not expressly amended in this Amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the Town and the Foundation 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 VALLEY FOUNDATION
Title:
Resolution No. 14, Series 2016
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