HomeMy WebLinkAbout1987-11-17 Support Documentation Town Council Work Session
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VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, NOVEMBER 17, 1987 2:00 p.m.
AGENDA
1. Presentation of the Vail Art in Public Places Program
2., Review of the Amphitheatre Lease Agreement between the Town of
Vail and Vail Valley Foundation
3. Discussion of Cemetery Task Force Site Selection Process
4. Information Update
5. Other
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, NOVEMBER 17, 1987
2:00 p.m.
EXPANDED AGENDA
2:00 1. Presentation of the Vail Art in Public Places Program
Kristan Pritz (Draft)
Action Requested of Council: Discuss the proposed program
and view the film, "Arts on the Line".
Background Rationale: The Public Art Task Force was
appointed by Council to develop procedures for reviewing art
projects. The presentation provides an overview of the Task
Force's work to date.
4:00 2. Review of the Amphitheatre Lease Agreement between the Town
Larry Eskwith of Uail and Vail Valley Foundation
Action Requested of Council: Review the lease and discuss
the agreement in preparation for action at the Evening
Meeting.
Background Rationale: The lease is basically the same as
the original lease. The term for the lease commences on
April 1, 1987 and ends Sept. 30, 1992. The agreement
provides for three lease extensions for a term of 5 years
. per extension if the lease terms and conditions are being
met by the Foundation. Termination of the lease shall occur
when 1) the Amphitheatre receives a final certificate of
occupancy, 2) the Amphitheatre is accepted by the Town, and
3) the Foundation obtains an endowment of $435,000.
• The.lease provides for public access into the Amphitheatre
from 9:00 a.m. to 6:00 p.m. daily (Section 26). The
Foundation has also stated their willingness to cooperate
with the Town during the construction of Ford Park (Section
• 27).
4:15 3. Discussion of Cemetery Task Force Site Selection Process
Rick Pylman
Action Requested of Council: Receive update and
approve/deny additional expenditure.
Background Rationale: The Task Force has identified two
private sites that merit investigation as potential cemetery
sites. Investigation of these sites and additional flood
plain analysis will cost approximately $3,500 additional
dollars.
Staff Recommendation: Approve additional expenditure at
maximum of $3,500.
4:40 4. Information Update
4:45 5. Other
TO: Town Council
FROM: Community Development Department
DATE: November 17, 1987
SUBJECT: Public Art Task Force Presentation
Over the past six months, the Public Art Task Force has
researched public art programs throughout the country in order
to establish a Vail Art in Public Places program. Public Art
Task Force members have met with artists as well as art
administrators to find out their opinions on how public art
programs should be run. This information has been studied and
refined to create an Art in Public Places program that is
unique to Vail.
. The purpose of the work session is to provide an opportunity
for the Town Council and the Public Art Task Force to discuss
the draft of the Art in Public Places program. The draft
document summarizes the purpose of the program, general
collection policies, management of the program, and selection
process for projects. The film, "Arts on the Line" will also
be shown. The film documents the process of how public art was
incorporated into subway stations in Boston, Massachusetts.
The film is helpful in that it identifies many types of public
art projects. It also describes the selection process used.
The next step in this project will be to send the AIPP program
draft to several of the directors of public art programs in
Colorado for their review. The Design Review Board will also
review the document on November 18th. The Task Force will
address the Town Council's, Design Review Board's, community's
and art administrators' comments in the final draft. The final'
document will be submitted to the Council for a second review.
After the second Council review, staff would like to proceed
with an ordinance that establishes the program. The staff
estimates that the formal approval process could begin in
January.
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ART IN PUBLIC PLACES PROGRAM
DRAFT
November 17, 1987
Submitted by the
Vail Public Art Task Force
Ms. Helen Ginsburg
Mr. Arne Hansen
Ms. Pam Hopkins
Mr. Fitzhugh Scott
Mr. Gary Swetish
Ms. Bev Trout
Ms. Kathy Warren
TABLE OF CONTENTS
INTRODUCTION PAGE
I. PURPOSE OF THE VAIL ART IN PUBLIC PLACES PROGRAM• 2
II. A DEFINITION OF PUBLIC ART • • • • • • • • . . . . . . . . . 3-4
III. PUBLIC ART'S CONTRIBUTION TO THE COMMUNITY 5
VAIL ART IN PUBLIC PLACES PROGRAM POLICIES
IV. COLLECTION POLICIES • • • • • • . . . . . . . . . . . . . . . 7-$
V. INSTALLATION AND MAINTENANCE POLICIES • • • • • . . . . . 9-10
VI. DEACCESSIONING AND DISPOSING OF ARTWORK FROM THE
VAIL ART IN PUBLIC PLACES COLLECTION . . , . . . . . . . 11-12
MANAGEMENT OF THE VAIL ART IN PUBLIC PLACES PROGRAM
VII. THE VAIL ART IN PUBLIC PLACES BOARD AND COORDINATOR.. 14-18
SELECTION PROCESS FOR VAIL ART IN PUBLIC PLACES PROJECTS
VIII. SELECTION JURY • • . . . . . . . . . . . . . . . . . . . . . 20-22
IX. PROJECT DEVELOPMENT • • • . . . . . . . . . . . . . . . . . 23-24
X. SITE SELECTION CRITERIA . . . . . . . . . . . . . . . . . 25-26
XI. PROJECT SELECTION CRITERIA . . . . . . . . . . . . . . . . 27-28
XII. ARTIST RESPONSIBILITIES , , , , , , , , , , , , , , , , , , 29
PUBLIC ART AND PRIVATE DEVELOPMENT
XIII. REVIEW PROCEDURES FOR PRIVATELY FUNDED ARTWORK
ON PRIVATE LAND IN PUBLIC VIEW • • • • • • • • • • • • • 30
INTRODUCTION
I. Purpose of the Vail Art in Public Places Program
II. A Definition of Public Art
III. Public Art's Contribution to the Community
1
I. PURPOSE OF THE ART IN PUBLIC PLACES PROGRAM
The program is intended to evolve in a way that reflects a
broad range of community input and involves artists and
art professionals.
Specific objectives of the Art in Public Places Program
are to:
A. Enhance the beauty of the Vail community by placing
high quality visual art in public places for
residents and guests to enjoy.
B. Develop a diverse, high quality public art
collection. The overall program shall strive for
diversity in style, scale, media and artists. There
shall be encouragement of exploratory types of work
as well as established art forms.
C. Provide an effective process for selecting,
purchasing, commissioning, placing, and maintaining
public art projects that represent the best in
artistic skills.
D. Establish a program that is unique to Vail and
therefore has a primary responsibility to the
community.
E. Create a framework for a sustained effort to develop
public art in the Vail community.
F. Develop a strong public education effort in order to
stimulate discussion and understanding about the
visual arts.
G. Provide a public art development process that
encourages and is supportive to artists who wish to
work in the public realm.
H. Encourage support for and inclusion of public art
projects in private sector development.
There will always be varying opinions on what a public art
project contributes to the community. Different opinions
of an artwork are encouraged. This variety of
interpretations is perhaps what distinguishes public art
as a challenging art form that encourages public
interaction.
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II. A DEFINITION OF PUBLIC ART
A. Public art defined in its broadest sense is any
original creation of visual art that is displayed on
a site in public view for a period of time longer
than two weeks. The art may be
l. temporary or permanent,
2. located inside of a public building,
3. located outside on public or private land,
4. acquired with public or private monies, a
combination of public/private funding, or be
donated.
B. The Art in Public Places Program encourages the
' imaginative interpretation of various public art
media. Works of art may include, but are not limited
to, the following:
1. Sculpture: in the round, bas-relief, mobile,
• fountain, kinetic, and electronic, in any
material or combination of materials.
2. Painting: all media, including portable and
permanently affixed works, such as murals.
3. Graphic Arts: printmaking and drawing.
4. Mosaics
5. Photography, film and video
6. Crafts: in clay, fiber and textiles, wood,
metal, plastics, glass, and other materials;
both functional and nonfunctional.
7. Mixed media: any combination of forms or media,
including collage.
8. Earth works and environmental installations that
are site specific
9. Artist/Design Team Work: an artist is
commissioned to work in partnership with a
design team from conceptual to final design to
create a new building or outdoor project.
3
C. For the purpose of further definition, the following
elements are not considered works of art under the
Art in Public Places Program:
l. Directional elements such as supergraphics,
signage, or color coding except where these
elements are an integral part of the work of
art.
2. Objects which are mass produced in a standard
design, such as playground equipmenIC. or
fountains.
3. Reproductions, by mechanical or other means, of
original works of art, except in cases of film,
video, photography, printmaking, sculpture
editions or other media arts.
4. Decorative, ornamental, or functional elements
which are designed to be part of the
architecture unless designed by an artist or
designed to be part of a collaborative design
team artwork project.
5. Landscape architecture and landscape gardening
except where these elements are designed by the
' artist and are an integral part of the work of
art.
6. Artwork which serves as advertising for a
business (such as a mural depicting services of
the business). This type of commercial art is
considered to be advertising.
4
III. PUBLIC ART'S CONTRIBUTION TO THE COMMUNITY
These categories of public art are listed to indicate the
multi-faceted value public art will have for the
community. The artist's creative idea and community
interaction with an artwork will most likely expand beyond
these basic categories.
Public art has the ability to communicate artistic as well
as community values in one or more of the following ways.
A. Object of Beauty: The artist makes a purely
independent aesthetic statement. Such visions cannot
be foreseen, but it is expected that they will
challenge aesthetic preconceptions. The art
expresses the artist's interpretation of what is
beautiful and appeals to people's love of beauty.
B. Figurative Piece: Representational art reflects
accurately the form being interpreted.
C. Landmark: The project's image becomes a key to
identifying a specific place. Examples of this type
' of piece would be the Eiffel Tower or Statue of
Liberty.
D. Commemorative Work: The artwork serves to honor an
event, idea, or person(s) by making a public
statement in a public space. The project stimulates
curiosity and interest in the community's heritage.
E. Functional Art: A fusion of art and functional
design creates something extraordinary out of the
ordinary. Examples include Portland's drinking
fountains or Seattle's manhole covers. The art meets
utilitarian as well as aesthetic needs.
F. Ornamental Object: The art often enhances
architecture but is distinct from the architect's
design statement.
5
VAIL ART IN PUBLIC PLACES GENERAL POLICIES
IV. Collection Policies
V. Installation and Maintenance Policies
VI. Deaccessioning and Disposing of Artwork from the Vail Art
in Public Places Collection
6
IV. VAIL ART IN PUBLIC PLACES COLLECTION POLICIES
A. Intent of Policies
It is in the interest of the Vail community to
acquire only works of art that will be appreciated by
the community now and in the future. The Vail
community will possess a collection of works of art
in public places which is educational, attractive to
residents and visitors, and of an overall aesthetic
quality equal to the excellent international
reputation the Town enjoys as a resort. This policy
is intended to guide those responsible for such
public art and provide for general understanding of
the Vail public art program.
B. Applicability of Policies
This policy applies to all works of art presently
owned by the Town of Vail and future artwork acquired
by the AIPP Board either through purchase,
commission, gift or loan.
C. Collecting Limitations
1. Works of art will not be accepted or otherwise
acquired for the community collection unless the
following conditions are met:
a. The artworks are relevant to and consistent
with the purpose and quality of the
AIPP program.
b. The community can provide for the
exhibition, protection, maintenance and
preservation of the objects under
reasonable conditions that ensure their
availability to the public and are in
keeping with professionally accepted
standards.
c. It is intended that the artworks shall have
permanency in the collections as long as
they retain their physical integrity, their
identity, and their authenticity, and as
long as they remain useful for the purposes
of the community.
2. Title to all artworks acquired for the
collection should be obtained free and clear,
without restrictions as to use or future
disposition. If artworks are accepted with
restrictions or limitations, the conditions
7
shall be stated clearly in an instrument of
conveyance, and shall be made part of the
accession records for the artworks, and shall be
strictly observed by the artist and the AIPP
Board.
3. A legal instrument ofconveyance, setting forth
an adequate description of the artworks involved
and the precise conditions of transfer, will
accompany all gifts and purchases and will be
kept on file at the Municipal Building. In the
case of purchases, commissions and conditional
gifts, this document must be signed by the
seller, artist or donor and by an authorized
Town representative; in the case of
unconditional gifts, it need be signed only by
the donor.
D. Artist(s)' Rights
The Board will do its utmost to maintain the
integrity of works of art acquired for public
exhibition in order to avoid injurying the artist(s)'
" concept. Questions of copyright, installation,
maintenance, and deaccessioning will be considered in
any contract to acquire.
E. Loans to the Collection
Acceptance of loans to the collection by the Arts in
Public Places Board will be subject to all of the
concerns accorded acquisitions except the purchase
price. In addition, such loans will be evaluated
against the costs and risks associated with
installation, maintenance and insurance compared with
proposed length of loan and benefit to the
community.
F. Loans from the Collection
Agreements to loan from the collection may be entered
into with tax-exempt institutions if such loans are
approved by the AIPP Board and allowed in the
contract with the artist.
G. Special Exhibitions
Special exhibitions of works of art on public
property will be reviewed and approved or disapproved
by the Art in Public Places Board in consultation
with appropriate Town officials.
8
V. Installation and Maintenance of Art in Public Places
A. Works of selected art may be placed in, on, or about
any public place or, by agreement with the owner
of any private property with substantial public
exposure in and around the Town of Vail. Works of
art owned by the Town may also be loaned for
exhibition elsewhere, upon such terms and conditions
as deemed necessary by the Art in Public Places
Board.
B. No work of art financed or installed either wholly,
or in part with, Town funds or with grants procured
by the Town shall be installed on privately owned
property without a written agreement between the Art:
in Public Places Board, acting on behalf of the Town,
and the owner specifying the proprietary interests in
the work of art and specifying other provisions
' deemed necessary or desirable by the Town attorney.
In addition, such written agreement shall specify
that the private property owner shall assure:
1. That the installation of the work of art will be
• done in a manner which will protect the work of
art and the public;
2. That the work of art will be maintained in good
condition; and
3. That insurance and indemnification will be
provided as is appropriate.
C. All Art in Public Places shall receive the prior
review and approval of the Art in Public Places
Board. None shall be removed, altered or changed
without the prior review and approval of the Art in
Public Places Board.
D. Installation, repair, alteration, refinishing,
relocation or removal of art in public places shall
be done in consultation with the artist whenever
feasible. In the event repair of work is required,
the responsible artist(s) shall be notified and given
the opportunity to do the repair for a reasonable fee
after the warranty period.
E. The Art in Public Places coordinator and AIPP Board
shall maintain a detailed record of all art in public
places, including site drawings, photographs,
designs, names of artists, and names of other parties
involved with the project. The Art in Public Places
9
coordinator shall attempt to give approp'riate
recognition to the artist and publicity and promotion
regarding art in public places.
F. Relocation of Artwork
When an artwork is being considered for relocation,
the AIPP Board must notify adjacent property owners
of the meeting date at which the relocation proposal
will be considered. The decision to relocate a
project must be approved by a majority (4 members) of
the AIPP Board.
G. Public Disclosure
1. This statement of policy and related procedures
will be made available to donors or other
persons upon request.
2. In reply to responsible inquiry, the AIPP Board
will make available the identity and description
of collection materials acquired and
deaccessioned. All other facts pertaining to
' the circumstances of acquisition, deaccesstion
and disposal will be adequately documented in
the AIPP's records of the collection.
H. Revisions and Inter retations of Collections Policy
Any revisions or formal interpretations of this
collection policy shall be made in the form of
addenda to the policy in order to provide continuing
documentation of such changes. Amendments to
policies would be reviewed as amendments to the Town
of Vail Municipal Code which requires review by the
Planning and Environmental Commission and approval of
the Town Council.
10
VI. Deaccessioning and Disposin of Objects from the
Collection
A. Artworks in the collection will be retained
permanently if they continue to be relevant and
useful to the purposes and activities of the
collection and if they can be properly exhibited,
preserved and used. Deaccessioning of objects may be
considered when these conditions no longer prevail or
in the interest of improving the collection.
B. Artworks in the collection will be deaccessioned only
upon the recommendation of a unanimous vote of the
Art in Public Places Board and approval of the Town
Council.
C. In considering various alternatives for the
disposition of deaccessioned objects, the AIPP Board
should consider:
1. The manner of disposition is in the best
interests of the Town, the public it serves, the
public trust it represents in owning the
collections, and the scholarly or cultural
communities to which the artwork may be
important.
2. Consideration should be given to placing the
objects, through gift, exchange or sale, in a
tax-exempt public institution wherein they may
serve the purpose for which they were acquired
initially by the AIPP Board. If art works are
offered for sale elsewhere, preference should be
given for sale at an advertised public auction
or to the public marketplace in a manner that
will best protect the interests, objectives and
legal status of the collection.
3. Artworks will not be given or sold privately to
Town of Vail employees, AIPP Board members, jury
members, members of the Town Council, or to
their representatives.
4. All monies gained from the disposition of
deaccessioned artworks shall be placed in a
purchase fund to be used for acquisitions.
D. Before disposing of any objects from the collections,
reasonable efforts will be made to ascertain that the
AIPP Board is free to do so. Where restrictions as
to the use or disposition of the artwork under
question are found to apply, the AIPP Board will act
as follows:
11
l. Mandatory restrictions will be observed strictly
unless deviation from their terms is authorized
by a court of competent jurisdiction.
2. Artworks to which restrictions apply will not be
disposed of until reasonable efforts are made to
comply with the restricting conditions. If
practicable and reasonable to do so, considering
the value of the artwork(s) under question, the
Board will notify the donor if it intends to
dispose of such artwork(s). If possible,
proceeds from the sale of such gifts will be
used in the acquisition of another work of art
to which the donor's contribution will be
acknowledged.
3. Before an artwork is deaccessioned, the AIPP
Board shall seek the advice of its legal
counsel.
E. An adequate record of the conditions and
circumstances under which art works are deaccessioned
and disposed of will be made and retained as part of
the AIPP Board's collection records.
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MANAGEMENT OF THE VAIL ART IN PUBLIC PLACES PROGRAM
VII. The Vail Art in Public Places Board and Coordinator
13
VII. THE VAIL IN PUBLIC PLACES BOARD AND COORDINATOR
A. Duties and Functions of the AIPP Board
1. Implements the collection policies and
selection procedures as set forth in this
document for establishing the Vail Art in Public
Places Program which specifically includes
designing the appropriate selection process for
public art projects, appointing selection panels
for specific projects, and approving the final
selection of artist or artists for a project.
2. Acquires public art by purchase, donation, or
other means for Vail's permanent Art in Public
Places collection.
3. Oversees the maintenance and preservation of art
works displayed in public areas.
, 4. Develops a public art master plan which defines
sites that are appropriate for public art and
also the general artistic concept for each
site.
5. Assists the Art in Public Places coordinator
in obtaining grants to fund public art projects.
6. Promotes public art through a public education
program that will further community appreciation
and understanding of the visual arts.
7. Publicizes Art in Public Places projects and
recognizes the artist(s) involved with the
project.
8. Maintains detailed records of Art in Public
Places projects in order to document project
development.
9. Maintains an ongoing artists' registry including
the work of visual artists interested in
participating in public art projects.
10 Evaluates the Arts in Public Places annually and
sets program goals on a five year basis.
B. Duties and Functions of the AIPP Coordinator
The Art in Public Places Coordinator shall be
responsible for assisting the AIPP Board in
administering and managing the Vail Art in Public
Places Program. The AIPP Coordinator serves as a
non-voting staff person to the AIPP Board.
14
Responsibilities include:
l. Administers all AIPP projects to ensure that projects
meet the requirements of the Vail AIPP Guidelines and
specific project prospectus.
2. Takes potential projects to the AIPP Board for their
review.
3. Guides the AIPP Board in the development of the
project prospectus and selection jury.
4. Researches and writes grants for proposed AIPP
projects.
5. Coordinates all publicity, communication, and public
meetings for the AIPP program.
6. Coordinates AIPP Board meeting agendas and ensures
that accurate meeting minutes are maintained.
7 Manages the advertizing and appointment of AIPP Board
members per the AIPP guidelines.
8. Serves as the AIPP Board's liaison to Town Council,
Planning and Environmental Commmission and Design
Review Board as well as other Town Departments and
community organizations.
9. Documents the AIPP Board's evaluation of the AIPP
program annually and AIPP Board's program goals on a
5 year basis.
10. Informs the AIPP Board of developments in Public Art
Programs and keeps the AIPP Board up to date on new
information related to AIPP programs.
11. Prepares and maintains an ongoing artists' registry
including the work of visual artists interested in
participating in AIPP projects.
12. Assists the AIPP Board in any special project work
such as the development of an Art in Public Places
Master Plan.
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C. AIPP Board Membershi
l. Number. The board shall consist of seven voting
members appointed by the Vail Town Council:
a. Five members at large
b. One Town Council member
c. One Design Review Board member
2. Qualifications
The Board will be made up of inembers who have
demonstrated expertise in architecture, art
criticism, art education, art history, fine
arts, graphic arts, interior design, landscape
architecture, or other art/design related
backgrounds not specifically mentioned, or who
, have demonstrated a strong interest in the
visual arts and/or civic improvement.
Members shall be resident, qualified electors of
the Town and if any member ceases to reside in
the Town, his or her membership on the Board
shall immediately terminate. All members shall
serve without compensation unless otherwise
provided by the Town Council.
3. Term. The 5 at-large members shall serve for
periods of three years each, except that the
initial terms of two such members shall expire
on January 1990, and the initial terms of three
such members shall expire on January 1991.
(Assumes terms begin in January.)
The appointed Town Council member and DRB member
shall serve for one year terms except that the
Town Council member's initial term shall expire
on June 1989.
Any member appointed to fill a vacancy shall
serve the remainder of the unexpired term. All
members shall be eligible for reappointment for
two consecutive terms.
4. Vacancy. Whenever a vacancy shall occur, either
by death, resignation, removal, pending
expiration of term or for any other cause, the
Art in Public Places coordinator shall promptly
advertise for applicants to fill such vacancy.
The Vail Town Council shall conduct interviews
and appoint members to the Art in Public Places
Board.
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D. AIPP Board Meeting Conduct
l. Attendance at Meetin s. Absence from three
consecutive regular meetings, or a total of four
regular meetings in any calendar year, without
justifiable cause, as determined by the Board,
shall constitute grounds for removal from
office.
2. Regular Meetings. Meetings may be held at the
Municipal Building on the day of each
month at such place as may be determined from
time to time by the Board, and set forth in the
minutes. At such meetings, the Board shall
consider all matters properly brought before the
Board as set forth on the agenda.
3. Notification. The AIPP Coordinator shall
publish the meeting date and agenda in a local
, newspaper 10 days prior to each meeting (except
special meetings).
4. Special Meetinqs. Special meetings shall be
held upon the call of the Art in Public Places
coordinator or upon written request of two
members of the Board. Notice of special
meetings shall be given as much in advance as is
reasonable under the circumstances requiring the
meeting.
5. Open Meetin s. All meetings of the Board shall
be conducted in accordance with the provisions
of Colorado law pertaining to public meetings.
6. A enda. The agenda for regular meetings will be
prepared by the Art in Public Places
coordinator. Board members may add items to the
agenda at the beginning of the meeting.
7. Documentation of the AIPP's Board Meetin s. The
AIPP coordinator shall be responsible for
keeping accurate records and minutes of Board
meetings. The AIPP Board shall review these
records for their accuracy. The Board must
approve the records by a majority of its
members.
E. AIPP Board Voting
1. Quorum. The quorum for the conduct of business
at any meeting shall be four voting members of
the Board. No action shall be taken in the
17
absence of a quorum, except to adjourn the
meeting to a subsequent date.
2. Manner of Votinq. In all matters coming before
the Board, the affirmative vote of a majority of
those present shall be the action of the Board,
provided that a quorum is present. A tie vote
is a negative or denial action.
3. Appointment of Special Committees. The Board
may establish special committees as may be
necessary for the conduct of the business of the
Board. The Board shall appoint members of
special committees. All members of the Board
shall be entitled to attend meetings of
committees created by the Board.
4. Conflict of Interest. In the event any member
shall have a personal or financial interest of
any kind in a matter before the Board, he/she
shall disclose his/her interest to the Board.
The member shall not vote or give opinions or
recommendations on the matter under
consideration.
18
SELECTION PROCESS FOR ART IN PUBLIC PLACES PROJECTS
VIII. Selection Jury
IX. Project Development
X. Site Selection Criteria
XI. Project Selection Criteria
XII. Artist Responsibilities
19
SELECTION PROCESS FOR ART IN PUBLIC PLACES PROJECTS
VIII. SELECTION JURY
A. Appointment of Selection Jury
Artwork for each project is selected by a jury
appointed by the Art in Public Places Board. The
size of the jury is determined by the AIPP Board.
The Art in Public Places Board may also select AIPP
board members to serve on a jury.
Jury members shall serve at the discretion of the Art
in Public Places Board and may be removed by the Art
in Public Places Board. The Arts in Public Places
coordinator shall serve as the nonvoting resource
person for each selection jury and shall be
responsible for project management.
A different jury will be convened for each project.
The number of jury members is flexible. Generally,
the jury size will be from 3 to 5 jurors. Each jury
shall include one artist, one community lay person
interested in the project and one AIPP Board member.
The remaining jurors will be chosen from groups such
as art educators, lay citizens interested in the
arts, art patrons, art critics, architects, landscape
architects and designers.
B. Jury Advisors
~
The jury shall solicit advisors to represent those
who will be in constant contact with the artwork
selected. They may be community representatives,
Town employees (i.e. project managers, architects,
designers) or others depending on the nature of the
project. Advisors to the jury do not vote.
C. Consultants to the Jury
Occasionally professional consultants may be needed
to advise and/or assist the jury with specific
projects for such purposes as:
l. Professional appraisal of art work
2. Performance of feasibility studies, specific to
execution of proposed art works
3. Packing and shipping of art works
20
4. Review of engineering specifications
5. Conservation and maintenance
6. Collection documentations
7. Installation design
8. Presentation assistance
D. Jury Decision-Makin
The jury shall be guided by the policies and criteria
set forth in this document. In addition, the jury
shall select works of art that are technically
feasible to produce and display. The artist(s) will
be selected as early as possible in design team
projects to ensure that the artist(s)' input is
considered in the development of the project.
„ E. Jury Voting Rights
Each juror has one vote and no juror has the right of
veto. If a consensus cannot be reached by the jury,
then the majority vote carries the decision. The
jury has the right to make no selection if there is
no proposal judged to be of sufficient merit.
The jury's recommendation is presented by the AIPP
coordinator to the Art in Public Places Board for
final approval.
A formal vote of the Art in Public Places Board must
be taken before the artwork selected by the jury
becomes final. Before this vote is taken, the Art in
Public Places coordinator shall be responsible for
providing all information on the project related to
site reviews for the proposed work, technical
feasibility, maintenance costs, and other reviews
necessary for the Art in Public Places Board to make
an informed decision.
The AIPP Coordinator shall inform the Town Council of
the AIPP Board's final decision in writing (or in a
presentation at a public meeting) within 10 days of
the AIPP decision on the artwork.
F. Appeal of Artwork Selection Decision
The Council may call the AIPP Board's selection
decision up for Council review via their positive
vote to do so with a majority of Council members
present. The Council, in considering the AIPP's
decision may overturn the decision only if they find
21
the policies and/or procedures of the AIPP have
clearly been violated as described in Sections VII. D
& E, VIII A,B,C,D,E, and G,H, IX. The Council may
not overturn the decision due to the disagreement
with the AIPP over the appropriateness or other
subjective reasons of the artwork.
G. Documentation of the Jury's Decision-Makin Process
and Accession of the Artwork
The AIPP Coordinator shall be responsible for keeping
accurate records and minutes of the decision-making
process and criteria used to select each AIPP
project. The Jury shall review these records for
their accuracy. The Jury must approve the records by
a majority of its members. After approval, the
records are presented to the AIPP Board for their
review.
H. Conflict of Interest in the Selection Jury
Any artist selected to serve on the Selection Jury is
precluded from having his/her work considered for
inclusion in any Art in Public Places project during
his/her term of service.
Persons other than artists who would receive
financial gains from the selection of work are
ineligible for jury appointment (gallery owners,
brokers, artists' representatives, etc.) on a project
by project basis.
I. Jury Member Representatives File
The Art in Public Places Board shall maintain a file
of potential representatives for selection juries.
This file shall contain the professional
qualifications of each potential representative and a
current resume. Individuals wishing inclusion in
this file should submit a resume to the Art in
Public Places Board for consideration.
22
IX. PROJECT DEVELOPMENT
A. The Art in Public Places Board is responsible for
developing the preliminary project prospectus. The
AIPP Board shall be responsible for a clear selection
process and public participation component for each
project. The project prospectus will address the
following points:
1. Project concept
2. Type of competition. Artwork and proposals for
artwork are selected by the following:
a. Open Competition. The project is
advertised and all interested artists may
submit preliminary ideas for proposals. No
, fees are paid to artists for their initial
proposal submissions; however, a small
number of finalists may be selected to
submit detailed maquettes for the project
for which they may be paid a fee determined
by the AIPP; or
b. Limited Competition: A selected number of
artists are invited to submit proposals. A
fee is usually allocated for the artists'
participation; or
c. Invitation: One artist is invited to
submit a proposal for which he/she is
usually paid a proposal fee; or
d. Direct Purchase: A completed work is
purchased for a specific project.
All procedures shall be handled as openly as
possible.
3. Eligibility
4. Site description describing in detail any
special design constraints related to the site
5. The selection process
6. The selection criteria
7. Jury membership: The number of inembers and names
of jury members will be listed.
8. Public participation process and responsibili-
ties of the artist in public hearings and
informal community meetings.
23
9. Application materials to be submitted
10. Budget: define overall project budget and
eligible and ineligible expenditures
11. Payment plan
12. Dedication/publicity responsibilities of the
artist, including allowed signage for the
artwork.
13. Project Schedule for decision making and
completion.
14. Contact person
15. Notification of action on proposal.
16. Copyright/Deaccessioning requirements
Once the Art in Public Places Board has established
the project prospectus and proposed selection jury,
the Town Council shall review and approve or
disapprove the project prospectus, jury and any
associated funding required for the project. A
selection jury will be appointed by the Art in Public
Places Board. The selection jury may recommend
changes to the project prospectus as long as the
changes are approved by the AIPP Board and Town
Council.
The prospectus will be prepared and advertised by the
Art in Public Places coordinator at the direction of
the AIPP Board. If a project warrants the expense,
the AIPP Board may advertise nationally or
internationally for proposals.
B. Public Hearing Requirement
A minimum of two public hearings shall be required
for each AIPP project. The AIPP Board shall review
the final project prospectus at a regularly scheduled
meeting according to publishing requirements outlined
in Section 18.66.080 of the Town of Vail Municipal
Code. The AIPP Board shall also review the final
decision of the jury at a regularly scheduled
meeting. Projects of significant importance to the
community (determined by the AIPP Board) should be
presented and discussed at an informal public meeting
in which open participation of the community is
encouraged.
24
X. SITE SELECTION CRITERIA
A. Prior to selecting a site for an artwork, whether
purchased, commissioned, or donated, the Art in
Public Places Board and selection jury, if
appropriate, shall take into consideration the
following factors: 1. The visibility of the site by the general
public
2. Public safety
3. Interior and exterior vehicular and pedestrian
traffic patterns
4. Relationship of proposed artwork to existing or
future architectural features and to natural
features
5. Facility for users and/or interaction of users
with proposed artwork
6. Future development plans for the area
7. Landscape design
8. Relationship of proposed art work to existing
artworks within the site vicinity
9. Environmental impact
10. Public accessibility to the art work,
particularly handicap access
11. Impacts on adjacent property owners' views
12. Impacts on operational functions (snowplowing,
etc.) of the Town.
B. When considering a possible site for public art
within the Town, the question should be asked whether
artwork at such a site has the potential to:
1. Respond to a practical need of an area and its
people; and/or
2. Engage the public in a contemplative, spiritual,
or entertaining way; and/or
25
3. Make a statement about the values, interests,
and character of the Town--or a portion of the
Town-- and its people; and/or
4. Enhance the experience of the pedestrian, the
worker or resident; and/or
5. Enrich the experience of the tourist and enhance
the image of Vail; and/or
6. Help to define an area or to link adjacent areas
(e.g. landmarks and gateways); and/or
7. Memorialize an important person or event; and/or
8. Illustrate the Town's cultural heritage or
, highlight some cultural artifact; and/or
9. Reveal some unique or special quality of the
Town; and/or
10. Add to the vitality or interest of the Town.
26
XI. PROJECT SELECTION CRITERIA
The selection jury shall use the following criteria when
reviewing an artwork, whether it is purchased,
commissioned or donated. The selection jury may include
additional criteria for a specific project.
A. ARTWORK CRITERIA
l. Quality and Innovation. The consideration of
highest priority is the inherent artistic
excellence and innovation of the artwork.
2. Timelessness. Each artwork should be viewed as
a long term acquisition that should have
relevance aesthetically to the community in
future years.
3. Compatibility With Site. Works of art should be
compatible in style, scale, material, form, and
content with their surroundings, and should form
an overall relationship with the site.
4. Social Context of Work. Particular attention
should be given to the social context of the
work and the manner in which it may interact
with people.
5. Civic Pride. Artwork should create a sense of
civic pride. Expressions of obvious bad taste
or profanity which would likely offend the
public shall not be permitted.
6. Permanence. Due consideration shall be given to
the structural and surface soundness, and to
inherent resistance to theft, vandalism,
weathering, and excessive maintenance or repair
costs. Artworks that require expensive and/or
continual maintenance are discouraged.
7. Diversity. The goal of the AIPP program is to
establish a diverse collection in respect to
style, scale, media and artist.
8. Public Safety. Each work shall be examined for
unsafe conditions or factors that may bear upon
public liability or hinder Town of Vail
operational functions.
27
B. ARTIST CRITERIA
1. Cooperation. Ability of the artist to work
closely and cooperatively with the Board, staff
and community.
2. Artist's Presentation. The artist must have the
ability to clearly describe the project concept
verbally and through quality written and visual
materials.
3. Technical Feasibility. Each work shall be
examined for its feasibility and convincing
evidence of the artist's ability to successfully
complete the work as proposed.
28
XII. ARTIST RESPONSIBILITIES
If selected, the artist shall:
A. Execute and complete the work in a timely and
professional manner and transfer title of an existing
work of art to the Town.
B. Maintain a close working relationship with the AIPP
Board, jury, AIPP coordinator and community.
C. Return to the Board and/or Jury for review and
approval should any significant change occur in the
scope, material, design or siting of the work.
D. Be responsible for all phases of the design and
execution of the work, including installation, unless
otherwise stipulated in the contract.
E. Warrant that the design or work being submitted is an
. original product of his/her own creative effort.
F. Guarantee and maintain the work from defects of
material or workmanship for a period of one year
after installation.
G. Comply.with deaccessioning and requirements of the
AIPP program.
29
XIII. REVIEW PROCEDURES FOR PRIVATELY FUNDED PROJECTS ON
PRIVATE LAND IN PUBLIC VIEW
A. The AIPP Board strongly encourages the private sector
to incorporate publicly visible artworks in private
sector development.
l. The AIPP Board shall be responsible for
approving private sector art projects in respect
to the Site Selection Criteria below:
a. public safety
b. interior and exterior vehicular and
pedestrian traffic patterns
c. environmental impact
d. impacts on adjacent property owners' views
e. noise and light impacts on adjacent
property owners
f. impacts on operational functions (snowplow-
ing, traffic control, etc.) of the Town
g. Civic Pride: Artworks shall support
community values. Expressions of obvious
bad taste or profanity which would likely
offend the public shall not be permitted.
If, in the opinion of the Board, there is a concern
regarding the site, appropriate Town of Vail
departments will be contacted by the AIPP
Coordinator.
B. The private developer is responsible for all facets
of the public art project.
C. The AIPP Board may appoint a jury to review a
specific project.
30
• .a
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
1987 by and between the VAIL VALLEY FOUNDATION ("Foundation"), P. 0. Box 309, Uail,
Colorado 81658, and the TOWN OF VAIL, Colorado ("Town"), with Municipal Offices at
75 South Frontage Road, Vail, Colorado 81657.
I. RECITALS
1. The Foundation is a non-profit, tax exempt charitable organization
involved in supporting community charitable, cultural, educational and recreational
programs within the Vail valley;
2. The Town desires to work with and encourages the Foundation to
undertake projects which would benefit the citizens of and visitors to Vail;
3. The Foundation has agreed to assume the responsibility for the
financing and construction of the Ford Amphitheatre ("Amphitheatre") and to obtain
an endowment for the purposes of financing the ongoing repair and maintenance
operations of the Amphitheatre whose construction was originally begun by the Gerald
R. Ford Commemorative Committee at Vail, thereby relieving the burden of so doing to
the Town and providing a qua1ity facility for recreational activities and everits,
and for the citizens of and the visitors to the Vail valley and the State of
Colorado;
4. The Foundation has previously expended funds to complete certain
preliminary work necessary to prepare the Amphitheatre site for further
construction; and
5. The Foundation has raised funds to do additional work on the
Amphitheatre and remains committed to the completion of the Amphitheatre and to the
maintenance of the Amphitheatre for a period of no less than five (5) years or until
an endowment can be raised for that purpose.
NOW, THEREFORE., the Foundation and the Town agree as follows:
II. AGREEMENT
1. Ground Lease
On the terms and conditions set out below, and the consideration of
the payment of ten dollars ($10.00) by the Foundation to the Town and the prompt
performance by the Foundation and the Town of the covenants and agreements to be
kept and performed by the Foundation and the Town, the Town does lease to the
Foundation and the Foundation hereby leases from the Town the following property
{ . ~
described in Exhibit A attached hereto ("property") lying in the Town of Vail,
County of Eagle and State of Colorado.
2. Term
A. This lease shall be for a term commencing on April 1 ,
1987 and ending September 30 , 1992, unless sooner terminated as hereinafter
provided.
B. At the expiration of the original term of this Lease, if the
Lease is still in full force and effect and the Foundation is not in default of any
of its terms and conditions, the Foundation shall have the option to extend this
Lease, upon the same terms and conditions for an additional term of five (5) years,
to commence on Oc'Lober 1, 1992 and to end on September 30, 1997. If the Lease shall
have been so extended, then at the expiration of such first extended term, if this
Lease as so extended is still in full force and effect and the Foundation shall not
be in default of any of its terms, the Foundation shall have the option to extend
this Lease, upon the same terms and conditions for a second extended term of five
(5) years to commence October 1, 1997 and to end on September 30, 2002. If this
Lease shall have been so extended, then at the expiration of such second extended
term, if this Lease as so extended is still in full force and effect and the
Foundation shall not be in default of any of its terms, the Foundation shall have
the option to extend this Lease upon the same terms and conditions for a third
extended term of five (5) years to commence on October 1, 2002 and to end on
September 30, 2007. The option for each such extended term shall be exercised by
the Foundation by giving written notice thereof to the Town not less than sixty (60)
days prior to the expiration of the then current term.
3. Rental
The Foundation agrees to pay the Town a rent of ten dollars ($10.00)
for the full term of this lease payab7e in advance at such place as the Town may
specify in writing to the Foundation.
4. Lease Expenses and Costs
During the term of this lease the Foundation shall pay all costs,
expenses and obligations of every kind or nature relating to the property or the
improvements thereon which may arise or become due. Notwithstanding the foregoing,
the Town will impose no expense or cost on the Foundation which would cause the
Foundation to lose its tax exempt status.
-2-
5. PaYment of Taxes
During the term of this lease the Foundation shall pay, before any
fine, penalty, interest or cost may be added, or become due or be imposed for
nonpayment thereof, all taxes, assessments, water and sewer rents, rates and
charges, transfer taxes, charges for public utilities, excises, levies, licenses and
permit fees, and other Governmental charges which during the term of this lease may
be assessed or become a lien on the property with respect to the Amphitheatre
improvements on the property itself. Notwithstanding the foregoing, the Town will
impose no tax, assessment, rate or charge which would cause the Foundation to lose
its tax exempt status.
6. Improvements
During the term of this lease the Foundation shall be permitted to
construct the following elements of the Amphitheatre in accordance with p1ans
approved by the Town of Vail:
1) The basement below the stage.
2) The stage system as designed by the Architect of the
Amphitheatre. '
3) The vaulted roof forms over the stage and seating areas.
. 4) The wing walls adjacent to the stage to help focus attention to
the performance and to provide a backstage area for the performers.
5) The bermed seating area to the west and north of the pro,ject.
6) Electrical lighting and service systems related to the roof
system over the stage.
7) The relocation of primary electrical power which is in conflict
with the Amphitheatre construction.
8) The reconstruction of the existing 5ike path to the south and
east of the facility.
9) The landscaping of the area immediately south of the stage to
provide a backdrop for performances.
10) The rough grading and hydro-mulching of the entire construction
site to control dust.
Durinq the term of this lease the Foundation shall continue its fund.
raising and as additional funding becomes available, may continue construction on
the Amphitheatre to provide the following in accordance with plans approved by the
Town of Vail: -3-
1) The tickets/concession building.
2) The public restroom facility.
3) The performers' restroom and "green room" facility.
4) The storage and receiving building.
5) The expanded seating slab and the creation of the box seats,
grass seating areas and planter boxes below the roof.
6) All site retaining walls.
7) All landscaped construction, perimeter control fencing, the
irrigation system and decorative iron gates as originally proposed and approved.
8) The brick paving in all plaza areas.
9) Asphalt paving in the designated areas.
10) The connection of water and sewer systems to the existing
infrastructure and, consequently, the payment of applicable tap fees.
The Foundation shall not authorize any variance from the plans or
specifications which have been approved by the Town for the construction of the
Amphitheatre without the prior written approval of the Town.
The Foundation shall not.use the property for any other purpose except
for the construction, maintenance and operation of the Amphitheatre as set forth
herein and for the production of concerts, artistic performances, dance recitals,
lectures, classes, private functions compatible with Town of Vail and Vail Valley
Foundation eharters, and other events of community interest.
The Town shal] be entitled to be represented by someone of its own
choosing on the Vail Valley Foundation Committee which is responsible for the
planning for and scheduling of events for the Amphitheatre.
7. Permits
The Foundation shall procure permits necessary for any construction
work it wishes to proceed with on the property and during such construction shall
comply with all applicable legal requirements. All work done by the Foundation
shall comply with all applicab1e laws, ordinance and regulations of the State of
Colorado and the Town of Vail.
8. Bonds
If the work done by the Foundation on the property is to exceed the .
total sum of fifty thousand dollars ($50,000.00) the Foundation shall obtain all the
necessary surety bonds from the contractor who is to do the work as required and set
forth by Title 38, Article 26 of the Colorado Revised Statutes, as amended. The
Foundation shall submit to the Town for its review, which approval shall not be
-4-
unreasonably delayed or withheld, a copy of the written construction agreement with
the general contractor who is to do the work on the property.
9. Completion of the Amphitheatre and Notice of Final Settlement
Prior to obtaining a certificate of occupancy, the Foundation shall
nrovide the Town with lien waivers or releases from the general contractor and all
subcontractors working on the Amphitheatre indicating they have been paid in full
for services and materials. Upon completion of the Amphitheatre, the Foundation
shall advertise for final settlement in compliance with Section 38-26-107, C.R.S.,
and comply with all provisions contained therein for the payment ofi any claims which
may be filed by any contractor or subcontractor on the Amphitheatre.
10. Waiver of Fees
The Town agrees to waive all building and development fees within its
control and to aggressively recommend in writing to other Governmental and public
entities and political subdivisions that such entities and politica1 subdivisions
also waive any fees that may normally be assessable during the development of the
Amphitheatre. '
11. Insurance
At all times during the term of this agreement the Foundation shall
carry and maintain the following insurance policies with insurance companies
satisfactory to the Town. Such policies shall include a provision requiring a
minimum of thirty (30) days notice to the Town in case of change or cancellation.
1) From the time when corstruction of any improvements commence a
builder's risk policy in an amount equal to cover the current replacement cost of
any such improvement.
2) From the time when this lease commences, comprehensive general
liability insurance in an amount of one million dollars ($1,000,000.00) per
occurrence including the following coverages: Contractual insurance; personal
injury; premises operations; explosion, collapse and underground hazards; product
completed operations hazards; broad form property damage; and independent
contractors.
3) The Foundation shall require all contractors and subcontractors performing services in the construction of any improvements on the property to
obtain worker's compensation insurance in accordance with the provisions of the
Workman's Compensation Act of the State of Colorado for all employees engaged in the
construction of said improvements.
-5-
;1 ,
4) From the time any improvements are completed on the property and
while this lease is still in effect, fire and extended coverage insurance in an
amount equal to one hundred percent (100%) of the full replacement cost of the
Amphitheatre.
All policies of insurance required to be maintained by the Foundation
shall name the Town and the Foundation as the insured as their respective interests
may appear. The Foundation sha'll provide the Town with certificates of insurance
evidencing the policies listed above prior to the commencement of the term of this
agreement. The Foundation and the Town agree that in the event of the destruction
or damage of any of the improvements constructed by the Foundation all insurance
money which is payable to the Town and/or the Foundation sha11 be utilized to
replace or repair said improvements. Any excess money received from insurance after
the reconstruction or repair of said improvements, if there be no default on the
part of the Foundation in the performance of this agreement, shall be paid to the
Foundation.
12. Indemnification
The Foundation agrees to indemnify, defend, hold and save harmless the
Town against any and all claims, debts, demands or obligations which may be made
against the Town arising by reason of or in connection with any alleged act or
omission of the Foundation or any person claiming under, by, or through the
Foundation; and if it becomes necessary for the Town to defiend any action seeking to
impose any such liability, the Foundation shall pa,y the Town all costs of court and
attorneys fees incurred by the Town in such defense in addition to any other sums
which the Foundation may be called upon to pay by reason of any entry of judgment
against the Town in any such litigation.
The Town agrees to indemnify, defend, hold and save harmless the
Foundation against any and all claims, debts, demands or obligations which may be
made against the Foundation arising by reason of or in connection with any alleged
act or omission of the Town or any person claiming under, by, or througn the Town;
and if it becomes necessary for the Foundation to defend any action seeking to
impose any such liability, the Town shall pay the Foundation all costs of court and
attorneys fees incurred by the Foundation in such defense in addition to any other,
sums which the Town may be called upon to pay by reason of any entry of judgment
against the Foundation in any such litigation.
-6-
13. No Lien
The Foundation agrees that it will not permit or suffer to be filed or
claimed against the interest of the Town in the property during the term of this
agreement any lien or claim of any kind and if such lien or claim be filed, it shall
be the duty of the Foundation thirty (30) days after having been given notice of
such lien or claim by the Town to cause the property to be released from such lien
or claim either by payment or by posting of a bond or by the payment into the
appropriate court of the amount necessary to relieve and release the property from
such claim, or in any other matter which as a matter of law will result, within such
period of thirty (30) days, in releasing the Town and the property from such lien or
claim.
14. Assignment
This lease may not be assigned or sublet without the prior written
approval of the Town.
15. Financing
The Foundation shall be responsible during the term of this lease for
financing the construction of any improvements on the property and for the repayment
of any loans obtained for the construction of the improvements on the property. The
Foundation agrees to indemnify and hold the Town harmless from any failure to repay
any loan used to finance the construction of said improvements. '
16. Repair Obligations
During the term of this lease the Foundation will keep in a good state
of repair the property and all improvements constructed on the property by the
Foundation. The Town agrees that during the term of this lease it will be
responsible for the maintenance of the Gerald R. Ford park other than the property
and the improvements constructed thereon including, but not limited to, maintenance
and operations of parking areas, access roads and existing public restrooms outside
the leased property.
17. Foundation's Default and Termination of Lease
The Town may give the Foundation five (5) days notice of the intention
to terminate this lease if the Foundation is in default in the performance of any of
the covenants, terms or conditions of this lease and such default is not cured
within thirty (30) days after written notice thereof given by the Town. If the Town
shall give. the five (5) days notice of termination, then at the expiration of such
period this 1ease shall terminate as completely as if that were the date definitely
fixed for the expiration of the term of this lease and the Foundation shall then
-7-
surrender the property to the Town. If this lease shall so terminate, it shall be
lawful for the Town at its option, without formal demand or notice of any kind, to
reenter the leased property by any means, including force, and to remove the
Foundation therefrom without being liable for any damages therefor. The Foundation
shall remain liable for a11 its obligations under this agreement despite the
termination of this lease and the Town's reentry.
18. Termination upon Completion and Acceptance of Amphitheatre and the
Endowment
Upon the occurrence of the following events, this lease shall
terminate and all interests in the property and all improvements thereon shall
revert to the Town:
A) The issuance of a certificate of occupancy to the Amphitheatre.
B) Acceptance of the Amphitheatre by the Town of Vail.
C) The obtaining by the Foundation of an endowment in the amount of
$435,000 in cash or federal securities ("the endowment") and written notification of
such fact to the Town. At the time the lease is terminated as set forth in this
paragraph, the endowment shall be transferred as a restrictive gift by the
Foundation to the Town. Grants from the endowment will be made exclusively for the
operation, maintenance and repair of the Amphitheatre and shall be based upon annual
operating budgets prepared b.y the Town and submitted to the Foundation on or before
May 31 of each year for the subsequent year's operating budget for its prior
approval. The Foundation shall notify the Town in writing within thirty days of the
suomission to it of the annual operating budget of any disapproval it may have of
the budget and its reasons therefor. Should such notice not be given by the
Foundation to the Town within the thirty day period, the Foundation's approval shall
be presumed. Should the Foundation notify the Town of its disapproval of the
operating budget, the Town shall have the option of appealing the Foundation's
disapproval to a committee consisting of one member of the Town Council of the Town
of Vail, one member of the Board of Trustees of the Foundation and one individual
who shall be chosen by the other two. The decision of the committee in regard to
the operating budget shall be final. If the Town wishes to so appeal a disapproval
by the Foundation of the operating budget, it shall give notice to the Foundation of
such appeal within ten days of the receipt of the Foundation's written disapproval.
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19. Expiration ,
At the expiration of this lease the Foundation will deliver possession
of the property and all improvements including any furnishings, fixtures and
equipment which the Foundation may have affixed upon the property to the Town.
20. Maintenance of the Amphitheatre
During the term of this agreement, the Foundation shall be and remain
fully and solely liable for all costs and expenses relating to the operation,
maintenance and repair of the property and all improvements thereon until such time
the endowment in the amount of $435,000 in cash or federal securities is transferred
from the Foundation to the Town as a restrictive gift as set forth in the preceding
paragraph. Should the term of this lease expire and upon expiration should the
endowment set forth in paragraph one of this agreement not be provided the Town of
Vail as set forth therein, then the Foundation shall remain fully and solely liable
for all costs and expenses relating to the operation, maintenance and repair of the
property and all improvements thereon.
21. No Waiver No waiver of a breach of any of the covenants in this lease shall be
construed to be a waiver of any succeeding breach of the same covenant.
.22. Written Modifications
No modification, release, discharge or a waiver of any provisions
hereof shall be of any force, affect or value unless in writing signed by the Town
and the Foundation.
23. Entire Agreement
This document and its Exhibits contain the entire agreement between
the Town and the Foundation as of the date of signing. The execution hereof has not
been induced by either party, by representations, promises or understandings not
expressed within this agreement, and there are not collateral agreements,
stipulations, promises, or undertakings whatsoever upon the respective parties which
in any way touch the subject matter of this instrument which are not expressly
contained in this instrument.
24. Notices
If either party desires to give notice to the other in connection wi.th
and according to the terms of this agreement, such notice shall be by a registered
or certified mail and it shall be deemed given when deposited in the United States
mail with postage prepaid and such notices are addressed as follows:
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J • J
, Town Manager
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
President
Vail Valley Foundation
P. 0. Box 309
Vail, Colorado 81658
25. License Agreement The Foundation agrees during the term of this lease to permit the Town
to enter into a limited license agreement with the Vail Alpine Garden for the sole
purpose of allowing the Vail Alpine Garden to build a garden for display purposes in
a planter area at the entrance of the Amphitheatre as set forth in Exhibit B
attached hereto.
26. Open to Public
Except for the refreshment area, backstage area and restrooms at times
no event is scheduled, the Foundation will permit access to the Amphitheatre by the
general public from 9:00 a.m. to 6:00 p.m. daily. The Town, its officers, agents
and employees shall have the right to enter onto the leased premises at any time for
any reasonab'le purpose.
27. Cooperation with Town
The Foundation agrees to cooperate with the Town to enable the Town to
construct improvements in Gerald R. Ford park.
IN WITNESS WHEREOF, the parties so sign this agreement on this da.y of
, 1987.
TOWN OF VAIL UAIL VALLEY FOUNDATION
By: BY:
Rondall U. Phillips, Town Manager Robert Knous, President
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PETER JAMAR ASSOCIATES, INC.
PIANNING, DEVELOPMENT ANALYSIS, RESEARCH
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September 15, 1987 u
Rick Pylman, Town Planner Towm of Vail
75 S. Frontage Road West
Vail, CO 81657
RE: Vail Cemetery - Site Selection and
Suitability Analysis ~
Dear Ric;c:
_ I am pleased to submit this proposal for Professional Services in
relation to the Vail Cemetery Site Selection and Suitability
Analysis.
Please let me know if this is acceptable or if you have any
questions.
Sin erely,
Peter amar_
PJ:ns
Suite 308, Vail National Bank Building •
108 South Frontage Road West . Vail, Colorado 81657 •(303) 476-7154 T
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PETER JAMAR ASSOCIATES, INC. PLANNING, DEVELOPMENT ANALYSIS, RESEARCH
November 9, 1987
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. . .
Rick Pylman
Town of Vail - -
75 S. Frontage Road
Vail, CO 81657
. Dear Rick:
_ In response to your request I have prepared the following -
esti-mate of costs necessary to include the two additional sites - •
Lionsridge and Timberfalls - in the Cemetery Site Selection and Suitability Analysis. I have also included an estimated cost to have Hydro-Triad provide us with further information regarding
the flood plain and the Katsos parcel. •
The estimated additional costs are as follows:
* Ratsos Flood Plain Study $1,500.00
* Additional Soils Testing $11000.00
* Additional Review, Analysis and
Ranking of new sites $1,000.00
. TOTAL ADDITIONAL COST $3,500.00 Please let me know if you need any additional information. It is -important that we get an immediate decision on this so that we
can proceed with soil testing prior to more snow.
Sinc ely,
P ter Jama , AICP PJ:ns
Suite 308, Vail National Bank Building
108 South Frontage Road West • Vail, Colorado 81657 •(303) 476-7154
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