HomeMy WebLinkAbout1978-15 Making A Supplemental Appropriation from the Generail Fund of the 1978 Budget and Financial Plan for the Town of Vail.~
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ORDINANCE N0. I~
Series of 1978
AN ORDINANCE I~TAKING A SUPPLEMENTAL
API'ROPF.IATION FROM THE GENERAL FUND
OF THE 197$ BUDGET AND FINANCIAL
PLAN FOR THE TOWN OF VAIL, COLORADO;
AND AUTHORIZIPdG THE EXPENDITURE OF
SAID APPROPRIATION AS SET FORTH
HE RE TN
WHEREAS, contingencies have arisen during the fiscal
year 1978 which could not have been reasonable foreseen or
anticipated by the Town Council at the time it enacted Qrdinance
No. 35, Series of 1977, adopting the 1978 Budget and Financial
Plan for the Town of Vail, Colorado;
WHEREAS, the Town has received certain revenues not
budgeted for previously;
WHEREAS, the Town Manager has certified to the Town
Council that sufficient funds are available to discharge the
appropriation referred to herein, not otherwise reflected in
the Budget, in accordance with Section 9.10(x) of the Charter
of the Town of Vail; and
WHEREAS, in order to accomplish the foregoing, the
Town Council finds that it should make a supplemental appropria-
tion from the General Fund;
NOW, THEREFORE, BE IT ORDATr1ED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
(1) Pursuant to Section 9.10 (a) of the Charter of
the Town of Vail, Colorado, the Town Council hereby makes a
supplemental appropriation in the sum of $33,000 from the General
Fund of the 1978 Budget and Financial Plan for the Town of Vail,
Colorado, and authorizes the expenditure of said appropriation
as follows:
(a) VRA Summer Advertising $25,000
(b} Employee Housing Study 3,000
(c) Teen Center Lease 5,000
TOTAL $33,000
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Ord. Page 2
(2) The Town Council hereby ratifies or authorizes
the negotiation of any contracts or other necessary instruments
to carry out the purpose for which funds are appropriated herein,
and the expenditure of the funds relating to this supplemental
appropriation.
(3} Upon its enactment this ordinance shall be an
amendment to the 197$ Annual Appropriation Ordinance, Ordinance
Na. 35, Series of 1977, of the Town of Vail, Colorado.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED OP~7CE TN FULL, this 2nd day of May, 1978, and
a public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on
the 16th day of May, 1978, at 7:30 P.M. in the Municipal Build-
ing of the Town.
__....~
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,~
Mayor j ~ '
ATTEST:
Town ~1erk
~' / ~
Introduced, read, adopted and enacted on second reading and ordered published
by ti t1 e only i=hi s 15 day of May, 1978.
,'
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Mayor ,f
ATTEST
/,'
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TOWN CLFRK
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GROUND LEASE
THIS AGREEMENT, made and entered into as of the
nth day of February, 1978, (hereinafter referred to as "the
date of this Agreement"), by and between the VAIL CLINIC,
INC., a Colorado corporation (hereinafter referred to as
"LESSOR"), and the TOWN OF VAIL, a Colorado home rule muni-
cipal corporation (hereinafter referred to as "TOWN"),
WITNESSETH:
(1) Lessor, for and in consideration of the rents,
covenants, and agreements hereinafter mentioned to be paid,
kept and performed by the Town, has let and leased, and does
hereby let and lease unto the Town the following described
real property situate in the County of Eagle anal State of
Colorado:
That portion of Lot F, Vail Village Second
Filing, Town of Vail, that lies West of
that line which is the extension of the
Easterly boundary line of Lot 10, Vail
Village Second Filing, and comprising
approximately 1/2 acre. The subject pro-
perty is shown as the crosshatched portion
of Lot F on Exhibit "A" attached hereto
and by this reference made a part hereof.
To have and to hold the above described real property (all of
the property hereby leased being hereinafter referred to col-
lectively as "the leased premises") to the Town for the period
of five years, commencing on March 1, 1978, and ending at noon
on February 28, 19$3.
(2) Warranties of Lessor. Lessor warrants that it
has the right to lease the leased premises and covenants with ,
the Town that, conditioned on the Town's faithful performance
and observance of the Town's covenants contained herein, the
Town shall have, from the date of this Agreement, quiet and
peaceable possession of the leased premises during the lease
term, subject to this Agreement, and Lessor will defend the
Town's possession against any and all persons whomsoever. This
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GROIIND LEASR Page 2
Agreement and the lease term shall, however, expire and all
rights of the Town hereunder terminate automatically upon the
expiration of the term of this Agreement, without notice or
demand upon the Town, provided the Town shall have an option
to extend this lease for an additional five years as provided
in paragraph 7 below.
(3) Covenants of the Town. The Town does hereby
lease the leased premises for the term of this Agreement and
agrees to the following:
{a) To use the premises for governmental pur-
poses, including the construction and maintenance of a teen
center and parking;
{b) To keep and maintain the Leased premises
in as good a condition as it is on the commencement date of
this lease and not to commit waste of the leased premises or
any portion thereof;
{c) To pay an annual rental fee of $5000.00
payable in annual payments, due and payable on the first day
of March during the term of this lease and commencing March 1,
1978;
(d) The Tawn will enter into possession of the
leased premises immediately upon commencement of the term of
this lease and will thereafter during the term of this lease
occupy and hold possession of the leased premises, holding
Lessor exempt and harmless from any damage or injury to any
person, or personality, by reason of the possession of the
leased premises, or the Town's other operations conducted upon
the leased premises, except as such injury or damage may result
from the negligence of the Lessor.
{e) The Town shall, at its sole cost and expense,
maintain in force during the term of this Agreement a policy or
policies of comprehensive general liability insurance covering
the Lessor.
~M ~r ~ ~
GROUND LEASE Page 3
(4) Covenants of Lessor. It is further agreed by
Lessor in consideration of the rents and covenants to be paid
or herein made to be kept by the Town, that Lessor covenants
as follows:
(a) That the leased premises may be used for
the purposes set forth herein and that the Town shall have
exclusive use of the leased premises, subject to the terms of
this Agreement;
(b) Lessor will not take any other action which
would prohibit or restrict the Town's use of the leased premises
in accordance with this Agreement;
(c) To pay all ad valorem taxes, assessments
and other public charges levied or assessed by the Federal,
State or local governments upon the leased premises, this lease
Agreement, the. rents herein reserved, and any improvements erected
thereon, and will at all times save the Town harmless from the
payment thereof.
{5) Conditions of Grant. This Agreement is made upon
the condition that the Town shall perform all the covenants and
agreements herein set forth to be performed by it. If there
shall be default on the part of the Town in the payment of rent,
or other condition in the performance or observance of any of
the remaining covenants or agreements to be observed or performed
by it and such default shall continue for thirty (30) days after
written notice of such default and demand for performance is
given by Lessor to the Town, Lessor shall have full right,
without further demand or native which are hereby waived, to
enter upon the leased premises and to take immediate possession
thereof and to bring suit for and collect all rents, payments
or other charges which shall have been accrued to and from the
time of entry. Upon such default this Agreement and all rights
herein granted shall become void to all intents and purposes
whatsoever and all improvements made on the leased premises
shall be held by Lessor as security for the payment of amounts
due under this lease by the Town.
~~ ~~ ~~
GROUND LEASE Page 4
{6) Mutual Agreements. Tt is further mutuaxly
agreed by and between the parties hereto as follows:
(a) Notice. A11 notices, requests, consents,
option and other communications under this Agreement shall
be in writing and shall be deemed to have been sufficiently
given or served if delivered or mailed by first class, regis-
tered or certified mail, sufficient postage x~renaid, addressed
as follows;
If to Lessor: Vail Clinic, Inc.
P. O. Box 36
Vail, Colorado 81657
Tf to the Town: Town of Vail.
P. O. Box l00
Vail, Colorado 81657
Attention: Town Manager
Copy to: Town Attorney
The addresses herein given may be changed by the party affected
thereby by notice given pursuant to the provisions of this para-
graph.
{b) Waiver. No waiver, expressed ar implied,
of any breach of any covenant, condition or stipulation here-
under shall be taken as a waiver, expressed or implied, of any
succeeding breach of the same covenant, condition, or stipu-
lation. The acceptance of rent by Lessor shall not be deemed
to be a waiver (except as to any default arising out of the
failure to pay the rent so accepted by Lessor), of any breach
of the Town of any covenant herein contained or of the right of
Lessor to reenter for breach of condition.
(c) Covenants Against Liens.
{i) By the Town. During the term of
this Agreement, the Town covenants promptly to
discharge or cause to be discharged every Lien,
charge or encumbrance of any nature whatsoever
created by the Town and na others, which may be
filed against the leased premises, and the Town
will indemnify and save Lessor harmless from
all. loss, cost and expense, including reasonable
~~ ~ •
GROUND LEASE Rage 5
attorneys' fees, which Lessor may sustain by
reason of such lien, charge or encumbrance,
or in defending against such lien, charge or
encumbrance.
(ii} By Lessor. During the term of
this Agreement, Lessor covenants promptly to
discharge or cause to be discharged every lien,
charge or encumbrance of any nature whatsoever
created by Lessor and no others, which may be
or have been filed against the leased premises,
and Lessor will indemnify and save the Town
harmless from all loss, cost and expense,
including reasonable attorneys' fees, which
the Town may sustain by reason of such lien,
charge ar encumbrance, or in defending against
such lien, charge or encumbrance.
(7) Option to Town. It is also mutually agreed by
and between the parties hereto that in consideration of the
foregoing covenants of each of the parties, Lessor grants to
the Town the option to extend this lease for an additional term
of five years after Aiarch 1, 1983, on the same terms and con-
ditions. Said option shall be exercised by the Tawn giving
written notice of its intention to exercise its option to Lessor
no later than January 10, 1983. Said option may not be exercised
by the Town if Lessor requires use of the leased premises speci--
fically for medical purposes.
(8) The Town represents and warrants that it is a
duly organized and validly existing Colorado municipal corpora-~
tion and has full power and authority to enter into this Agree-
ment. The Town Manager and the Town Clerk are authorized to
execute and attest to this Agreement on behalf of the Town in
accordance with Resolution No. 2, Series of 1978.
(9) Any notice, demand, payment or other communica-
tion made in accordance with this Agreement shall be deemed to
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GROUND LEASE
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Page 6
have been duly given or delivered on the date the same is
hand delivered to the recipient or se~crenty~-two (72} hours
after the same is deposited in a post office or postal box
regularly maintained by the United States Post Office.
{lp} The Town may not assign this lease without the
prior written consent of Lessor.
{ll) Miscellaneous.
(a) This Agreement shall be binding upon and
inure to the benefit of the Town and Lessor and their respec-
tive successors, heirs and assigns.
(b) This Agreement contains the entire agree-
went between the parties and may not be modified in any manner
except by an instrument in writing signed by both parties.
(c) The section headings are inserted only for
convenient reference and do not define, limit, or prescribe
the scope of this Agreement.
(d) This.Agreement shall be construed and
enforced in accordance with Colorado law.
EXECUTED on the day and year first above written.
LESSOR:
VAIL CLINIC, INC.
TOWN OF VAIL, COLORADO
BY=
Rene K. Gorsuch
Vice-President
ATTEST:
Gordon G. Brittan
Treasurer
By:
Terrell J. Minger
Town Manager
ATTEST:
Town Clerk
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box 7 00
nail, Colorado 81657
(3031 476-5613
Town Council
Town of Vail, Colorado
P. 0. Box loo
Vail, Colorado 81&57
office of the town manager
May z, 1978
Re: Supplemental appropriation from the General Fund for
funding of VRA Summer advertising, employee housing
study, and the Teen Center lease
Councilmembers:
Pursuant to Section 9.10(a) of the Charter of the To~srn of
Vail, Colorado, I hereby certify that based on apparently
reliable information from the Finance Department there are
available for appropriation expected revenues in excess of
those estimated in the 1978 Budget and Financial Plan for
the Town of Vail which will enable the Town Council to make
a supplemental appropriation of X33,000 from the General
Fund for funding of VP.A summer advertising, an extensive
employee housing study, and the Teen Center lease for 1978.
Accordingly, z recommend that the Town Council promptly enact
a supplemental appropriation ordinance for these purposes.
Sincerely,
i'G~
Terrell Minger
Town Manager
TJM/sjm
Subscribed and sworn to before me
this 2nd day of May, 1978.
~~C tiCt LCGL~c'r`LVS
Platar~ Pub'li
County bf~~agle/State of Colorado
My commission expires:
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