HomeMy WebLinkAbout2017-14 VRD Skate Park Management AgreementRESOLUTION NO. 14
Series of 2017
A RESOLUTION APPROVING A SKATE PARK MANAGEMENT AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE VAIL 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, the Town has determined that the Lionshead Parking
Structure is the best and most appropriate space for a skate park facility (the
"Facility), and the Facility has been constructed in that location;
WHEREAS, the Town and the Vail Recreation District (the "District")
believe that it is in the public interest to continue the existence of the Facility at
the Lionshead Parking Structure until such time redevelopment of the Lionshead
Parking Structure is approved and scheduled to undergo construction; and
WHEREAS, the Skate Park Management Agreement (the "Agreement")
sets forth the parties' obligations with regard to the Facility.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes
the Town Manager to enter into the Agreement with the District, 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 eeting of the
Town Council of the Town of Vail held this 4th day of April, 2017.
Chapin
Town Mayor
Resolution No. 14, Series 2017
Resolution No. 14, Series 2017
EXHIBIT A
SKATE PARK MANAGEMENT AGREEMENT
This SKATE PARK MANAGEMENT AGREEMENT (the "Agreement") is
entered into this day of , 2017 (the "Effective Date"), by and
between the TOWN OF VAIL, a Colorado home rule municipality with an address
of 75 South Frontage Road, Vail, Colorado (the "Town"), and the VAIL
RECREATION DISTRICT, a Colorado special district formed pursuant to Title 32
of the Colorado Revised Statutes (the "VRD").
WHEREAS, the Town has determined that the Lionshead Parking
Structure is the best and most appropriate space for a skate park facility (the
"Facility), and the Facility has been constructed in that location; and
WHEREAS, the Town and the VRD believe that it is in the public interest
to continue the existence of the Facility at the Lionshead Parking Structure until
such time redevelopment of the Lionshead Parking Structure is approved and
scheduled to undergo construction.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged,
the Parties agree as follows:
1. Prior Agreement. This Agreement shall supersede and replace the prior
agreement between the Town and the VRD dated October 2, 1998.
2. Town's Obligations. To ensure the continued success of the Facility, the
Town shall:
a. Allocate a portion of the Lionshead Parking Structure for the
Facility;
b. Procure appropriate insurance for the Facility, at the Town's cost;
c. Assist, through its Public Works Department, with the placement of
barriers and fencing to protect users and to segregate the skate park use from
the remainder of the parking structure;
d. Provide, maintain and empty trash containers on a regular basis;
e. Provide assistance through the Public Works Department to make
and place all necessary signage;
f. Pay invoices for repair work at the Facility; and
g. Schedule regular daily visits to the Facility by the Vail Police
Department.
Resolution No. 14, Series 2017
3. VRD's Obligations. To ensure the
VRD shall:
a. Provide daily inspections of
records of all inspections;
b. Take appropriate remedial
closure of individual ramps or the entire
Town;
continued success of the Facility, the
the Facility, and document and keep
actions including without limitation
Facility, with timely notification to the
c. Coordinate repairs and maintenance;
d. Manage and coordinate all activities in the Facility including
beverage sales, marketing and promotions, skate instructions, and any other
events to occur in the Facility;
e. Conduct daily opening and closing and litter removal at the Facility;
f. Determine appropriate rules for use of the Facility, such as
requiring the use of helmets;
g. Determine appropriate hours of operation, necessary seasonal
closures for ice and snow and other required closures; and
h. Ensure that all special events at the Facility have been permitted by
the Town through the special event permit process when required.
4. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent
written agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute
the entire agreement between the Parties, superseding all prior oral or written
communications.
c. Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, successors and
assigns.
d. Severability. If any provision of this Agreement is determined to be
void by a court of competent jurisdiction, such determination shall not affect any
other provision hereof, and all of the other provisions shall remain in full force
and effect.
e. Governing Law and Venue. This Agreement shall be governed by
the laws of the State of Colorado, and any legal action concerning the provisions
hereof shall be brought in Eagle County, Colorado.
Resolution No. 14, Series 2017
f. Assignment. There shall be no transfer or assignment of any of the
rights or obligations of either Party under this Agreement without the prior written
approval of the other Party.
g. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town or the VRD under this
Agreement are specifically contingent upon annual appropriation of funds
sufficient to perform such obligations. This Agreement shall never constitute a
debt or obligation of the Town or the VRD within any statutory or constitutional
provision.
i. Governmental Immunity. In making this Agreement, both Parties
and their officers and their employees are relying on and do not waive or intend
to waive the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et
seq., as amended, or otherwise available to the Town or VRD, their officers or
their employees.
j. No Joint Venture. Notwithstanding any provision hereof, the Town
shall never be a joint venture in any private entity or activity which participates in
this Agreement, and the Town shall never be liable or responsible for any debt or
obligation of any participant in this Agreement.
k. Notice. Any notice under this Agreement shall be in writing, and
shall be deemed sufficient when directly presented or sent pre -paid, first class
United States Mail to the Party at the address set forth on the first page of this
Agreement.
WHEREFORE, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
ATTEST:
Patty McKenny, Town Clerk
VAIL RECREATION DISTRICT
Resolution No. 14, Series 2017
Mike Ortiz, Director
ATTEST:
Resolution No. 14, Series 2017