HomeMy WebLinkAbout1978-03 Establishing a Public_Private Joint Funding of Capital Improvements1
RESOLUTION NO.
Series of 1978
A RESOLUTION OF THE TQWN COUNCIL
ESTABLISHING A PUBLIC/PRIVATE JOINT
VENTURE PROGRAM FOR THE JOINT FUNDING
OF CAPITAL IMPROVEMENTS; SPECIFYING
ELIGIBILITY OF CAPITAL PROJECTS,
APPLICANTS AND COSTS; DETERT~IINATTON
OF FUNDING BY THE DESIGN REVIEW BOARD
AND PLANNTTdG COrTMISSION; LIMITING
PROGRAM TO ONE YEAR; AND SETTING FORTH
DETAILS IN RELATION THERETO
WHEREAS, the Town Council has previously set aside
25,000.00 to be used as the Town`s share of joint capital
improvements projects; and
WHEREAS, the Town Council wishes to set forth the
procedures and regulations for said program;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT:
1} There is hereby established a public/private
joint capital improvement program.
2} The Town of Vail's funding of the faint venture
shall be $25,000.00.
3} The Town shall provide partial funding for
public or
capital improvements projects ors/private property that serve
the community's needs. Such projects may include (but are not
limited to} landscaping, beautification, cleaning up of trash
ar unsightly areas, drainage projects, resolution of ice over-
hangs, lighting, improvement of pedestrian ways, and public
recreation amenities. Any capital improvement which has been
required as part of an approved site plan and has been reviewed
by the Design Review Board shall not be eligible for this joint
venture program.
4} Any person or entity paying real or personal
property taxes to the Town of Vail may apply for participation
in the joint venture program, and any tenant or manager who has
the authorization of the property owner may apply for partici-
pation in the name of the property owner.
Res.
Page 2
5) The Town's share of the joint venture project's
funding shall be determined by the Planning Commission as
provided in paragraph {7} below. Application farms shall be
provided by the Department of Community Development. At the
time an application is filed with the Department of Community
Development, the applicant shall attach thereto a proposed
cost budget for the project (which may include design, archi-
tectural and engineering costs) and the proposed public/private
shares.
6) For approved joint venture projects, the Town
will reimburse the applicant for its share of the project
expenses after the completion of the project. The Town's share
shall be a percentage of the total project cost up to but not
to exceed a maximum amount. The applicant shall document the
project expenses by submitting to the Town bills, receipts, or
invoices for the project expenses or such other information or
documentation as may be reQuired by the Town.
7) Applications for participation in this program
shall be submitted to the Department of Community Development.
The Town of Vail staff shall review all applications and shall
then submit to the Design Review Board all applications and
recommendations relating thereto, The Design Review Board shall
then review the applications and the staff's recommendations and
make recommendations to the Planning Commission as to the pro-
posed projects that the Town should participate in and the amount
of the Town's share in each recommended project. The Planning
Commission shall review all applications and reports and make a
final determination of the projects to be funded and the amount
of the Town's share.
The evaluation of the proposed projects by the staff,
Design Review Board, and Planning Commission shall be done on
the Project Evaluation Farms hereby approved. The areas of
evaluation being: (a} project location and visibility from public
rights-of-way; {b) type of project; (c) general design quality;
Res.
Page 3
d) seasonal use of project; (e) energy and resource conser-
vation; and (f) ease of maintenance. In addition thereto,
project cost and proposed cost division between the Town and
the applicant shall be considered.
8) The Town shall not pay or be responsible for
operating or maintenance costs of the project after the initial
construction costs.
9) This joint venture program is for the year 1978
and is intended as a pilot program. At the end of 1978, the
Town Council shall review this proclram to determine its via-
bility, effectiveness, and whether it should be continued.
INTRODUCED, READ, APPROVED, AND ADOPTED, this 21St
day of March, 1978.
Ma~ f~
ATTEST:
Town Clerk
PUBLIC/PRIVATE ,TOINT VENTURE AGREEP'IENT
THIS AGREEMENT, made this day of
1978, by and between the TOWN OF VAIL, a Colorado municipal
corporation (hereinafter referred to as "Town"), and
hereinafter referred to as "Property Owner").
WITNESSETH:
WHEREAS, the Town Council, by Resolution No. ,
Series of 1978, approved a public/private joint venture capital
improvement program;
WHEREAS, the Planning Commission has reviewed the
applications for participation in the joint venture, and the
property owner herein was approved for participation,
NOW, THEREFORE, in consideration of the promises,
covenants and agreements herein contained, the parties agree
as follows:
1} The Town and the Property Owner sha11 jointly
share in a joint venture capital improvement project as
approved by the Town of Vail's Planning Commission on
Said project shall consist of
2} The joint venture project sha11 be constructed
in accordance with plans submitted to and approved by the P1an-
Wing Commission. Modification thereof shall occur only if
approved in writing by the Department of Public Works and the
Department of Community Development of the Town of Vail.
3} The Planning Commission of the Town of Vail
approved this proposed project on
In accordance with that approval the Town's share shall be
up to but not to exceed $ , of the costs
and expenses of the approved project.
JOINT VENTURE AGREEMENT Page 2
4} Construction costs shall be documented and
submitted to the Town for reimbursement after the project has
been completed.
5) Operating and maintenance costs shall be the
responsibility of the Property Owner. The Town shall not be
responsible for or share in said costs after the initial con-
struction. If the public/private project as approved by the
Planning Commission and hereby contracted for is to be partially
constructed on Town of Vail property, the private Property
Owner agrees to be responsible for operation, maintenance and
repair of the project after completion thereof.
6} The Property Owner shall provide to the Town
documentation of the project costs and expenses as may be
required by the Town. The Town may recxua.re an audit of the
project's expenses, provided, that any such audit shall be at
the sole expense of the Town.
EXECUTED on the day and year first above written.
TOWN OF VAIL, COLORADO PROPERTY OWNER
By:
Town Manager
ATTEST:
Town Clerk