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HomeMy WebLinkAbout1987-11-17 Support Documentation Town Council Work Session " . 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. UPTOWN GR1LL LIpNS HEAD loed ~ ~ Dp O a o a~ a a o ° v D°oo'a•~,`, FRIDAY, NOVEMBER 20, 1987 . p o v a o p o o n a c a o o a o 0 o e o 4:00 P.M. to 6:00 P.M. p u Q D ~ d o ~ V D O ~ O 0 G G ~ ~ p~ APPETIZERS 4ND CASH BAR v e D D p Q e D o v D o Q osavQ a o a ° ° ~ ~ ~ a o 0 0> a e v? o e a e. ~ C a O i c G ~ Q 4 V< V D y G QO O O D ~ p C Y Q e G o v v° o ' aQ ~e a o 0 aa ° o v o° COMMUNITY ~Q QQ O . O ~ O < . . aaaee~ N1EETING TO• a vn ap ~ ° ~ n e p a o e a e ~ O O Q D o p` G Q p 0 v p O p• v D a Ov ° v a a v o o e VIEW THE FILM "ARTS ON THE LINE" - , o v. n~ an ° o p °oo•'a° ° THE STORY OF MASSACHUSETTS' o ~~aa o Q p Q o Q p o d ~ oPIONEERING PROJECT TO PUT ~~od p D o ~ D . o p a n e~ o v e PUBLIC ART IN ITS SUBWAYS ° n n a ° e e a ° ° a v a e ov n e o a s a a a <ea J°° , * DISCUSS VAIL'S PROPOSED p 0 0 p a O a G o e v ~ Q r ART IN PUBLIC PLACES PROGRAM o e s a ° e e o v ~ 00 e o n o 0 O D s ~ ~ ~q ~ • D SPONSORED BY THE TOWN OF VAIL AND v° o o a a O ~ ~ G O ved D VAIL PUBLIC ART TASK FORCE < ~ v° e o ° u v D 0 ~ O • ~ C p p e 4~ o p~ D v o , ~ O o O o • O, . o a s o p v: ~ , ~ov~~e•p~en e o C° s p e~ o n * SPECIAL THANKS TO SUSAN AND JOEL FRITZ - o ~o> a° D o v o 0 0 ~ a• p~ o a 0 a Q° o OWNERS OF THE UPTOWN GRILL FOR THEIR v > a 0 p ~p ° ~ 0 v . p • e D v DO ~p e o ao o~ a o o ~ ~ > > • o • • > o o SUPPORT 0 eeo apep eovaooooooV°o°e"ao "•e ' a . o° a a< n o o• o 0 o e e a a a a ° a. ° p D a n G O I~ ~ G D O O D A O Q < ~ O < A Ao ~ e a e O D P O ~ ° v o e o e p o~ ° e o a p~ a a ~ 4 ~ 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. 2 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. 12 , 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. 15 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. 16 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. -8- 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: -9- 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 -10- 'V' ? _ I _ . PETER JAMAR ASSOCIATES, INC. PIANNING, DEVELOPMENT ANALYSIS, RESEARCH lv~~ ~ , . S it 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 . . . . . . - . , : : . - 1 _ _ . . , ~ : . : • ; 4 f w-; e . ~ h" t~dr~'."'~'?'~`S ~.~3''? ~r ~ ~5~'~» ~.~~y~~ . . . . , . . l,h,Y PETER JAMAR ASSOCIATES, INC. PLANNING, DEVELOPMENT ANALYSIS, RESEARCH November 9, 1987 . • ;,~::!,y, _ . - ' ']r ti!' . . . 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 ~ - , . - . • , .r~. . . °r~ z.. , . f . . . ^ :>.r. .f . • ' J.;• : • ::~'~a~~~:stv~;.~'~~~..~~,~c<'~~j"f~.~r,s?N~:~~~~~~~~ .:i-r,.xc. : Y ,Y~