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HomeMy WebLinkAbout1987-12-01 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 1, 1987 2:00 p.m. AGENDA 1. Discussion of Ordinance No. 41, Series of 1987, an ordinance amending Section 5.24.080 of the Municipal Code of the Town of Vail and providing for new fees to be charged by the Town of , Vail for monitoring alarm systems, and in addition, providing that fees subsequent to 1988 shall be increased in direct proportion to the increase in the United States Consumer Price Index. 2. Further Discussion of Amphitheatre Lease Agreement between the Town of Vail and Vail Valley Foundation 3. Further Discussion of the Vail Junior Hockey Club China Trip Contribution 4. Discussion on Proposed Automated Parking Ticket System 5. Information Update 6. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 1, 1987 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of Ordinance No. 41, Series of 1987, regarding Ken Hughey modification of fees to be charged by the Town to monitor alarm systems Action Requested of Council: Review proposed ordinance change relating to change in fees charged by the Town to monitor alarm systems. Background Rationale: The current monthly monitoring fee was established in 1983 and has not been modified to keep pace with increased costs. We are proposing to increase the fee to $20 per month for 1988 and allow the future fee structure to be in proportion to the U.S. Consumer Price Index. 2:20 2. Further Discussion of Amphitheatre Lease Agreement Larry Eskwith Action Requested of Council: Discuss the terms of a new lease agreement between the Town and the Vail Valley Foundation for the Ford Amphitheatre. Background Rationale: The initial lease between the Foundation and the Town for the Amphitheatre premises has terminated and the parties need to negotiate a new lease. This item is on the Evening Meeting agenda for action. 2:45 3. Further Discussion of the Vail Junior Hockey Club China Trip Ron Phillips Contribution Action Requested of Council: Reaffirm or modify original- - conditions of $2,000 contribution. Background Rationale: The $2,000 contribution was budgeted with the conditions it be matched by VA and VMRD. VA has given $1,000 and VMRD gave $6,000 for the Russia trip. The staff would like direction on whether to proceed with the contribution or not. 3:00 4. Discussion on Proposed Automated Parking Ticket System Steve Barwick Action Requested of Council: Hear presentation on proposed system and make comments or ask questions as necessary. Judge Allen is also requesting feedback on the planned $1 per parking ticket increase needed to fund this project. Background Rationale: During the 1988 budget process a decrease in the staffing for parking ticket collections was implemented due to the expectation that an automated system would be installed. Negotiations are underway with a company to provide such a system for the Town of Vail. Staff Recommendation: Approve Judge Allen's plan to increase parking fines by $1 per ticket in order to fund this project. 3:20 5. Information Update 3:05 6. Other ORDINANCE N0. 41 Series of 1987 AN ORDINANCE AMENDING SECTION 5.24.080 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL AND PROVIDING FOR NEW FEES TO BE CHARGED BY THE TOWN OF VAIL FOR MONITORING ALARM SYSTEMS, AND IN ADDITION, PROVIDING THAT FEES SUBSEQUENT TO 1988 SHALL BE INCREASED IN DIRECT PROPORTION TO THE INCREASE IN THE UNITED STATES CONSUMER PRICE INDEX. WHEREAS, the Town Council believes that the present alarm monitoring fee structure needs to be increased and that subsequent increases should occur in proportion to the Consumer Price Index. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Section 5.24.080 subparagraph F Schedule of Monitoring Fees is hereby amended to read as follows: The fee charged by the Town of Vail for monitoring alarm systems connected to or monitored by Town of Vail equipment or personnel shall be twenty dollars ($20) per month for the 1988 calendar each. For each year subsequent thereto, the fee charged for such services shall be increased in direct proportion to the increase in the most r.ecent twelve (12) month United States Consumer Price Index. Such fee shall be assesszd on a"per line" or account basis and shall be prepaid quarterly. Each of the following shall typically constitute a separate account: 1) One (1) direct line per business, shop, residence or building. 2) Four (4) codes per digital transmitter shaTl be allowed to constitute a single line, provided that one (1) code is used to indicate a fire alarm, one (1) code is used to indicate a security alarm, one (1) code is used to indicate a medical emergency and one (1) code is used to indicate a police related emergency. 3) Multiplex transmissions shall be assessed at thirty-two (32) alarm points per line. All points monitored by multiplex equipment shall be under the proprietorship of the same owner. 4) Alarm signals transmitted by multiplex equipment under the proprietorship of more than one (1) owner shall be assessed one (1) line charge per business, shop, residence or building. 5) Alarm signals transmitted by RF signals shall be assessed on the basis of one (1) account per business, shop, residence or building. 6) The termination of the number of accounts "per line" shall be made exclusively by the Town of Vail. EXCEPTION: Trouble signals shall not constitute a separate signal for the purpose of assessing alarm monitoring fees, provided that the trouble signal is directly related to an alarm system for which an alarm monitoring fee is being assessed by the Town of Vail. Such fees shall be prepaid the first day of each quarter, by check, certified check, cash or other legal tender, made payable to the Town of Vail. If such fee is not paid within thirty (30) days of date due, the alarm system shall be disconnected from Town of Vail monitoring equipment. Delinquent payments are subject to collection by any remedy provided under law, and the alarm system for which the fee has not been paid may be subject to being disconnected from the Town of Vail monitoring equipment at the alarm system owner's expense. Reconnection costs for any alarm system disconnect under the provisions of this Chapter shall be responsibility of the alarm system owner. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining•portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. - 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or _ proceedings.as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. -2- Ordered published in full this day of , 1987. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON StCOND READING AND ORDERED PUBLISHED this day of , 1987. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk , -3- 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, Vail, 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 events, 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 preparethe 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 sha11 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, tv 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 i The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable 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 p]ans 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 project. 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 bike 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. During 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 Uail: -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) Al1 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 shall 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 applicable 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 provide 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 material.s. 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 political 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- 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 sha11 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 shall 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 Eoundation 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 defend any action seeking to impose any such liability, the Foundation shall pay 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 lease 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 sha11 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 Towri 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 by 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 submission 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 with 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- ~ 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 reasonable 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 day of , 1987. TOWN OF VAIL VAIL VALLEY FOUNDATION By: BY: Rondall V. Phillips, Town Manager Robert Knous, President -10-