HomeMy WebLinkAbout2016-12 IGA with VRD for Reimbursment of the Vail Golf Course Clubhouse Construction CostsRESOLUTION NO. 12
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRCIT
FOR THE REIMBURSEMENT OF VAIL GOLF COURSE CLUBHOUSE
CONSTRUCTION COSTS; 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 Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Town and Vail Park and Recreation District (the "VRD") desire to
enter into an Intergovernmental Agreement ("IGA") outlining the VRD's financial
contribution to the Town's costs of construction related to the redevelopment of the Vail
Golf Course Clubhouse; and
WHEREAS, The Council's approval of Resolution No. 13, Series of 2016, is
required to enter into an IGA.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA on behalf of the Town in substantially the same form
as attached hereto as Exhibit A and in a form approved by the Town Attorney.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 5`h day of March, 2016.
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Resolution No. 12, Series 2016
INTERGOVERNMENTAL AGREEMENT
VAIL GOLF COURSE CLUBHOUSE CONTRUCTION COSTS
This Agreement (the "Agreement"), is made and entered into on the 1st day of
January, 2015 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado
home rule municipality (the "Town") and the VAIL PARK AND RECREATION
DISTRICT (the "District"), a Colorado special district (each individually a "Party" and
collectively the "Parties").
WHEREAS, The District and Town wish to document the District's financial
contribution to the Town's costs of construction related to the redevelopment of the Vail
Golf Course Clubhouse.
NOW THEREFORE, in consideration of the mutual promises contained herein,
the adequacy of which is hereby recognized, the Parties agree as follows:
Payment. The District hereby agrees to reimburse the Town for a portion of
the Golf Course Clubhouse & Nordic Center redevelopment at the amount of
one million one hundred sixty-five thousand dollars ($1,150,000.00) payable
during the year of start of construction.
2. Miscellaneous.
a. Severability. If any provision of this Agreement is determined to be void
by a court of competent jurisdiction, such determination shall not affect any other
provision hereof, and all of the other provisions shall remain in full force and effect.
b. Integration. This Agreement represents the entire agreement between the
parties hereto with respect to the subject matter hereof, and all prior or extrinsic
agreements, understandings or negotiations shall be deemed merged herein.
C. Waiver. No provision of this Agreement may be waived to any extent
unless and except to the extent the waiver is specifically set forth in a written instrument
executed by the Party to be bound thereby.
d. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
e. Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado, and venue for any legal
action arising out of this Agreement shall be in Eagle County, Colorado.
f. No Third Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this Agreement, nor shall any third party have any rights to enforce this
Agreement in any respect.
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VGC Reimbursement
g. No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties, and nothing contained in this Lease shall be construed as
making the Parties joint venturers or partners.
h. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town and its officials, representatives, attorneys and
employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq., as amended.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first set forth above.
TOWN OF VAIL
Stan Zemler, Town Manager
ATTEST:
Patty McKenny, Town Clerk
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ATTEST:
STRICT
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VGC Reimbursement