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Home My WebLink About1974-04 Ratifying a Memorandum of Agreement Pertaining to the Construction of a Municipal Public Parking FacilityP f RESOLUTION N0. 4 Series of 3.974 R RESOLUTION RATIFYING A MEMORANDUM OF AGREEMENT PERTAINING TO THE CONSTRUCTION OF A MUNICIPAL PUBLIC PARKING FACILITY WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", on the 7th day of August, 1973, enacted Ordinance No. 11, Series of 1973, calling a special municipal election on the 25th day of September, 1973, for the submission to the qualified electors of the issues of an increase in the Town sales tax from 3~ to 49~, with 50~ of the revenues derived from said tax to be devoted to the acquisition of approximately 39 acres of ]and known as the Antholz property to be used for public purposes and for the acqui- sition, construction, and equipping of a municipal public parking facility and site therefor, the issuing of genera] obligation bonds of the Tavan to finance said projects, and requiring the adoption of a resolution providing far other matters and details relating to said election; WHEREAS, the Town Council on the 7th day of August, 1973, adopted Resolution No. 30, Series of 1973, which provided for the quesW tions to be submitted to the voters in said special election, the farm of ballot to be used, the giving of notice of said election and other matters and details relating to said election; WHEREAS, in the special election duly held on the 25th day of September, 1973, the electors. of the Town approved a71 the questions an the ballot by a substantial majority; WHEREAS, on the 16th day of October, 1973, the Town Council enacted Ordinance No, 19, Series of 1973, providing for the issuance by the Town of the General Obligation Bands, Series November 1, 1973, in the principal amount of $3,000,000.00 to obtain the funds far the Town for the acquisition of the Antholz property; WHEREAS, the Town acquired on the 7th day of November, 1973, the Antholz property pursuant to a Deed dated the 17th day of September, 1973, which was recorded on the 19th day of November, 1973; WHEREAS, the Town Council on the 19th day of February, 1974, approved on first reading Ordinance No. 3, Series of 1974, providing for the issuance by the Town of the General Obligation Bonds, Series March 1, 1974, in the principal amount of $5,500,000.00 to obtain the funds for the Town far the acquisition, construction, and equipping of a municipal public parking facility and site therefor, which ordinance is expected to be approved on second reading and enacted on the 5th day of March, 1974; WHEREAS, the Town has engaged an architect, James Ream and Associates, Inc., for the development of the aforesaid municipal public parking facility and agreed in principle on a construction contract for said project with a contractor, J. A. Hyder Construction Co.; and WHEREAS, pending the contemplated execution by the Town and said contractor of a contract for the construction of said parking facility, the Town Council found it appropriate on the 12th day of February, T974, to give limited authorization to said contractor to purchase necessary materials for and enter into necessary subcontracts relating to said project in order to reduce expenses and assure the commencement of construction on schedule, towwit, on or about the 1st day of April, 1974; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS; Section 1. Title. This resolution shall be known as the "Resolution Ratifying a Memorandum of Agreement for a Municipal Public Parking Facility". Section 2. Ratification of Memorandum of Agreement. The Memorandum of Agreement entered into on the 12th day of February, 1974, by and between the Town and J. A. Ryder Construction Co., a copy of which is attached hereto and made a part hereof, is hereby ratified by the Town Council, Section 3. Effective Date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND ENACTED, this 19th day of February, 1974. ATTEST: i Mayor Town Clerk (/ Y 2~ a MEMORANDUM OF AGREEMENT. THIS MEn9DRANDUM OfiAGREEhIE€~T, made this 12th day of February, 1974, by and betareen the TD1dN OF VAIL, COLORADO, a municipal corporation, hereinafter referred to ~s the "Town", and J, A. HYPER CONSTRUCTION CO., a Colorado carporatian,.hereinafter referred to as the "Contractor", WITNESSETH: 1. Pending the contemplated execution by the parties of a contract whereby Contractor wi11 construct the proposed Yai1 Transportation Center far the Town, the Town hereby authorizes Con- tractor to purchase necessary materials for and enter into necessary subcontracts relating to.said project which Contractor in its sound. discretion considers should be done at this time in order to reduce expenses and assure the commencement of construction on schedule, to-wit, on or about the 1st day of April, 1974, providing, however, that the project archii~ect and the Town approve all expenses thus incurred by Contractor, which approval will not be unreasonably withheld, and that Contractor submit a construction contract to the Town in accordance with paragraph 2 hereof. 2. Within five days after Contractor receives the warEcing drawings for the transportation center from JAMES REAM AND ASSOCIATES, INC., the project architect, which plans are due to be delivered by the architect to Contractor on or about the 15th day of February, 1974, pursuant to agreement between the Town and the architect, Contractor wi]1 prepare and deliver to the Town a certain proposed contract, to-wit, Sandard Form of Agreement aetween Owner and Contractor (AIA Qocuc~~ent A111, copyright 1967} and all ancillary portions thereof including a copy of the vrorking drawings, whereby Contractor guarantees that it will build the project for $4,703,DOO.DD, including all casts and fees, which contract wi11 have been theretofore executed by Contractor, so as to enable the Tawn to consider the proposed contract and at its election to execute the contract and deliver a copy of the fu11y-executed contract to Contractor lay the 15th day of March, 1974. 3. In the even~i.: Ca,t~tractor incurs expenses pursuant to paragraph 1. hereof and complies with the requirements of paragraph 2 hereof but the Town rejects the proposed contract and does not execute and deliver it to Contractor by the 15th day of March, 1974, the Town will thereupon be liable for the reasonable expenses incurred by Contractor under said paragraph 1 and will pay said amount to Contractor within thirty days after said amount has been determined, either by agreement of the parties or through arbitration if such is agreed upon by the parties or through litigation. 4. This memorandum of agreement has been entered into by the Town at the direction of the Town Council. IN 'WIT NESS WHEREOF, the parties hereto have affixed their hands on the data first above written. TOWN OF VAIL., CDLDRADO ti Terrell J. ~1'n er~, y Town ,Manager J. A. NYDER CDNSTRI~CTION CO. Qy ~ ..~ _ _.- --- J o 0. G a v 7 n -, -- ---- rrstructian Manager ATTE5T:~ Gene A. Smith, Town Attorney CFRT5FIC1~iL" 0~' DISI'OSITIQ:1 OF iLESOLUTI0~1 IT IS E~ILIZ.EBY CFRTIFILI] pursuant to the Charter of the Ta~yn of Vail, Colorado, r'~rticle IV, s~ o. ~ ~ Series of 197, to fit.. s certificate i$ affis:ed, was duly at its regular r~~eetinc~~ on the ~~~ its adopti an was aut'r.enticated by the action ~.6, that P.esalutian tc.e oricinal of which adopted by~~~[t~,h~e Town Council day of ~~%b`'~GC~Z~~ 19 7 4 , si~rxatures of the PAayor and the Torn Cler}c, and accordin~:ly or the date hereof said resolution ~•aas duly recorded in. the official records of res- oluu:~oris of tA~e To~•rn of Mail, Colc~:ac?a. ~ . DHTES: Vail, Colorado, this ~ day of ~ ,1~'?~:. e ~• o~~m Cler I_