HomeMy WebLinkAbout2011-05 Authorizing Town Manager to enter into an Agreement with Vaill Village Homeowners Association for Below-Grade Tunnel Improvements I
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RESOLUTION NO. 5
Series of 2011
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH THE VAIL VILLAGE INN HOMEOWNERS ASSOCIATION TO FUND UP TO $25 OF
THE COST TO COMPLETE BELOW -GRADE TUNNEL IMPROVEMENTS NECESSARY TO
FULLY IMPLEMENT A DISPERSED LOADING AND DELIVERY SYSTEM IN THE EAST
MEADOW DRIVE NEIGHBORHOOD OF VAIL VILLAGE,; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is
a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Vail Town Council of the Town (the "Council ") have been
duly elected and qualified; and
WHEREAS, in 1978 the Council passed the Pedestrian Mall Act whereby the goal of
pedestrianizing the Vail Village was established; and
WHEREAS, the property owners within the Vail Village Inn Phase I & II Condominium
Association, Vail Village Inn Phase III Condominium Association, Vail Village Inn Phase V
Condominium, and Vail Village Inn Phase IV, Sebastian Hotel (the "WI ") have asked the Town to
participate financially in the completion of a below -grade tunnel improvements (the
"Improvements "); and
WHEREAS, the VVI will fund approximately $75,000 of the $100,000 total estimated
construction cost of the Improvements; and
WHEREAS, the construction of the Improvements completes a physical connection critical
to the operation of a dispersed loading and delivery facility within the boundaries of the Vail Village
Inn Special Development District #6 (the "District "); and
WHEREAS, the Town and VVI wish to enter into a contractual agreement that outlines the
Town's financial participation; and
WHEREAS; the Town agrees to make a financial contribution of up to $25,000 to be used
exclusively for the construction of the Improvements; and
WHEREAS, the Improvements help to achieve the Town's goal of creating a pedestrianized
mall; and
WHEREAS; providing a location for loading and delivery in the East Meadow Drive
neighborhood furthers a compelling public interest of the Town by reducing noise, congestion, and
disturbance on East Meadow Drive and improves public safety; and
WHEREAS, the Council considers it in the best interest of the public health, safety and
welfare to participate financially in the completion of the Improvements in the District; and
WHEREAS, an approval of Resolution No. 5, Series of 2011, is required for the Town
Manager to enter into a contractual agreement with the VVI on behalf of the Town.
Resolution No. 5, Series of 2011
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NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO THAT:
1. The Town Manager is hereby authorized to sign, on behalf of the Town, the Below -
Grade Tunnel Improvement Financial Contribution Agreement with VVI in an
amount up to $25,000 (twenty -five thousand dollars). The terms of the Agreement
shall include the following provisions:
• Payment from the Town shall be upon issuance of the building permit for the
Improvements. Acceptance of the payment shall obligate the completion of
the Improvements by WI,
• The Agreement shall contain an indemnification provision holding the Town
harmless from any and all matters relating to the construction and
maintenance of the Improvements,
• The Town's participation in the Improvements shall be financial only as the
Town shall have no obligation in the construction or ongoing maintenance of
the Improvements, and
• The Agreement shall be in a form approved by the Town Attorney.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Vail held this 1 day of February, 2011.
Dick Cle nd,
Mayor of the Town of Vail, Colorado
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�d e I ei onaldson, OF V�q/
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Town Clerk .
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Resolution No. 5, Series of 2011