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HomeMy WebLinkAbout2017-14 VRD Skate Park Management AgreementRESOLUTION NO. 14 Series of 2017 A RESOLUTION APPROVING A SKATE PARK MANAGEMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL RECREATION DISTRICT; 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town has determined that the Lionshead Parking Structure is the best and most appropriate space for a skate park facility (the "Facility), and the Facility has been constructed in that location; WHEREAS, the Town and the Vail Recreation District (the "District") believe that it is in the public interest to continue the existence of the Facility at the Lionshead Parking Structure until such time redevelopment of the Lionshead Parking Structure is approved and scheduled to undergo construction; and WHEREAS, the Skate Park Management Agreement (the "Agreement") sets forth the parties' obligations with regard to the Facility. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement with the District, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular eeting of the Town Council of the Town of Vail held this 4th day of April, 2017. Chapin Town Mayor Resolution No. 14, Series 2017 Resolution No. 14, Series 2017 EXHIBIT A SKATE PARK MANAGEMENT AGREEMENT This SKATE PARK MANAGEMENT AGREEMENT (the "Agreement") is entered into this day of , 2017 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado (the "Town"), and the VAIL RECREATION DISTRICT, a Colorado special district formed pursuant to Title 32 of the Colorado Revised Statutes (the "VRD"). WHEREAS, the Town has determined that the Lionshead Parking Structure is the best and most appropriate space for a skate park facility (the "Facility), and the Facility has been constructed in that location; and WHEREAS, the Town and the VRD believe that it is in the public interest to continue the existence of the Facility at the Lionshead Parking Structure until such time redevelopment of the Lionshead Parking Structure is approved and scheduled to undergo construction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Prior Agreement. This Agreement shall supersede and replace the prior agreement between the Town and the VRD dated October 2, 1998. 2. Town's Obligations. To ensure the continued success of the Facility, the Town shall: a. Allocate a portion of the Lionshead Parking Structure for the Facility; b. Procure appropriate insurance for the Facility, at the Town's cost; c. Assist, through its Public Works Department, with the placement of barriers and fencing to protect users and to segregate the skate park use from the remainder of the parking structure; d. Provide, maintain and empty trash containers on a regular basis; e. Provide assistance through the Public Works Department to make and place all necessary signage; f. Pay invoices for repair work at the Facility; and g. Schedule regular daily visits to the Facility by the Vail Police Department. Resolution No. 14, Series 2017 3. VRD's Obligations. To ensure the VRD shall: a. Provide daily inspections of records of all inspections; b. Take appropriate remedial closure of individual ramps or the entire Town; continued success of the Facility, the the Facility, and document and keep actions including without limitation Facility, with timely notification to the c. Coordinate repairs and maintenance; d. Manage and coordinate all activities in the Facility including beverage sales, marketing and promotions, skate instructions, and any other events to occur in the Facility; e. Conduct daily opening and closing and litter removal at the Facility; f. Determine appropriate rules for use of the Facility, such as requiring the use of helmets; g. Determine appropriate hours of operation, necessary seasonal closures for ice and snow and other required closures; and h. Ensure that all special events at the Facility have been permitted by the Town through the special event permit process when required. 4. Miscellaneous. a. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. b. Integration. This Agreement and any attached exhibits constitute the entire agreement between the Parties, superseding all prior oral or written communications. c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. d. 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. e. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. Resolution No. 14, Series 2017 f. Assignment. There shall be no transfer or assignment of any of the rights or obligations of either Party under this Agreement without the prior written approval of the other Party. g. Third Parties. There are no intended third -party beneficiaries to this Agreement. h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town or the VRD under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town or the VRD within any statutory or constitutional provision. i. Governmental Immunity. In making this Agreement, both Parties and their officers and their employees are relying on and do not waive or intend to waive the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town or VRD, their officers or their employees. j. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. k. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. WHEREFORE, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk VAIL RECREATION DISTRICT Resolution No. 14, Series 2017 Mike Ortiz, Director ATTEST: Resolution No. 14, Series 2017