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1978-15.~ -~~ _. ORDINANCE N0. I~ Series of 1978 AN ORDINANCE I~TAKING A SUPPLEMENTAL API'ROPF.IATION FROM THE GENERAL FUND OF THE 197$ BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZIPdG THE EXPENDITURE OF SAID APPROPRIATION AS SET FORTH HE RE TN WHEREAS, contingencies have arisen during the fiscal year 1978 which could not have been reasonable foreseen or anticipated by the Town Council at the time it enacted Qrdinance No. 35, Series of 1977, adopting the 1978 Budget and Financial Plan for the Town of Vail, Colorado; WHEREAS, the Town has received certain revenues not budgeted for previously; WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriation referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(x) of the Charter of the Town of Vail; and WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make a supplemental appropria- tion from the General Fund; NOW, THEREFORE, BE IT ORDATr1ED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) Pursuant to Section 9.10 (a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes a supplemental appropriation in the sum of $33,000 from the General Fund of the 1978 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriation as follows: (a) VRA Summer Advertising $25,000 (b} Employee Housing Study 3,000 (c) Teen Center Lease 5,000 TOTAL $33,000 ~~ Ord. Page 2 (2) The Town Council hereby ratifies or authorizes the negotiation of any contracts or other necessary instruments to carry out the purpose for which funds are appropriated herein, and the expenditure of the funds relating to this supplemental appropriation. (3} Upon its enactment this ordinance shall be an amendment to the 197$ Annual Appropriation Ordinance, Ordinance Na. 35, Series of 1977, of the Town of Vail, Colorado. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED OP~7CE TN FULL, this 2nd day of May, 1978, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 16th day of May, 1978, at 7:30 P.M. in the Municipal Build- ing of the Town. __....~ ~ ~ ~~ h ~_ , ~f ,~ Mayor j ~ ' ATTEST: Town ~1erk ~' / ~ Introduced, read, adopted and enacted on second reading and ordered published by ti t1 e only i=hi s 15 day of May, 1978. ,' %J~! Mayor ,f ATTEST /,' ~'~' TOWN CLFRK ., ~.~.~ ~~ i ~~ ~~ ~~ GROUND LEASE THIS AGREEMENT, made and entered into as of the nth day of February, 1978, (hereinafter referred to as "the date of this Agreement"), by and between the VAIL CLINIC, INC., a Colorado corporation (hereinafter referred to as "LESSOR"), and the TOWN OF VAIL, a Colorado home rule muni- cipal corporation (hereinafter referred to as "TOWN"), WITNESSETH: (1) Lessor, for and in consideration of the rents, covenants, and agreements hereinafter mentioned to be paid, kept and performed by the Town, has let and leased, and does hereby let and lease unto the Town the following described real property situate in the County of Eagle anal State of Colorado: That portion of Lot F, Vail Village Second Filing, Town of Vail, that lies West of that line which is the extension of the Easterly boundary line of Lot 10, Vail Village Second Filing, and comprising approximately 1/2 acre. The subject pro- perty is shown as the crosshatched portion of Lot F on Exhibit "A" attached hereto and by this reference made a part hereof. To have and to hold the above described real property (all of the property hereby leased being hereinafter referred to col- lectively as "the leased premises") to the Town for the period of five years, commencing on March 1, 1978, and ending at noon on February 28, 19$3. (2) Warranties of Lessor. Lessor warrants that it has the right to lease the leased premises and covenants with , the Town that, conditioned on the Town's faithful performance and observance of the Town's covenants contained herein, the Town shall have, from the date of this Agreement, quiet and peaceable possession of the leased premises during the lease term, subject to this Agreement, and Lessor will defend the Town's possession against any and all persons whomsoever. This ~i ~r ~~ GROIIND LEASR Page 2 Agreement and the lease term shall, however, expire and all rights of the Town hereunder terminate automatically upon the expiration of the term of this Agreement, without notice or demand upon the Town, provided the Town shall have an option to extend this lease for an additional five years as provided in paragraph 7 below. (3) Covenants of the Town. The Town does hereby lease the leased premises for the term of this Agreement and agrees to the following: {a) To use the premises for governmental pur- poses, including the construction and maintenance of a teen center and parking; {b) To keep and maintain the Leased premises in as good a condition as it is on the commencement date of this lease and not to commit waste of the leased premises or any portion thereof; {c) To pay an annual rental fee of $5000.00 payable in annual payments, due and payable on the first day of March during the term of this lease and commencing March 1, 1978; (d) The Tawn will enter into possession of the leased premises immediately upon commencement of the term of this lease and will thereafter during the term of this lease occupy and hold possession of the leased premises, holding Lessor exempt and harmless from any damage or injury to any person, or personality, by reason of the possession of the leased premises, or the Town's other operations conducted upon the leased premises, except as such injury or damage may result from the negligence of the Lessor. {e) The Town shall, at its sole cost and expense, maintain in force during the term of this Agreement a policy or policies of comprehensive general liability insurance covering the Lessor. ~M ~r ~ ~ GROUND LEASE Page 3 (4) Covenants of Lessor. It is further agreed by Lessor in consideration of the rents and covenants to be paid or herein made to be kept by the Town, that Lessor covenants as follows: (a) That the leased premises may be used for the purposes set forth herein and that the Town shall have exclusive use of the leased premises, subject to the terms of this Agreement; (b) Lessor will not take any other action which would prohibit or restrict the Town's use of the leased premises in accordance with this Agreement; (c) To pay all ad valorem taxes, assessments and other public charges levied or assessed by the Federal, State or local governments upon the leased premises, this lease Agreement, the. rents herein reserved, and any improvements erected thereon, and will at all times save the Town harmless from the payment thereof. {5) Conditions of Grant. This Agreement is made upon the condition that the Town shall perform all the covenants and agreements herein set forth to be performed by it. If there shall be default on the part of the Town in the payment of rent, or other condition in the performance or observance of any of the remaining covenants or agreements to be observed or performed by it and such default shall continue for thirty (30) days after written notice of such default and demand for performance is given by Lessor to the Town, Lessor shall have full right, without further demand or native which are hereby waived, to enter upon the leased premises and to take immediate possession thereof and to bring suit for and collect all rents, payments or other charges which shall have been accrued to and from the time of entry. Upon such default this Agreement and all rights herein granted shall become void to all intents and purposes whatsoever and all improvements made on the leased premises shall be held by Lessor as security for the payment of amounts due under this lease by the Town. ~~ ~~ ~~ GROUND LEASE Page 4 {6) Mutual Agreements. Tt is further mutuaxly agreed by and between the parties hereto as follows: (a) Notice. A11 notices, requests, consents, option and other communications under this Agreement shall be in writing and shall be deemed to have been sufficiently given or served if delivered or mailed by first class, regis- tered or certified mail, sufficient postage x~renaid, addressed as follows; If to Lessor: Vail Clinic, Inc. P. O. Box 36 Vail, Colorado 81657 Tf to the Town: Town of Vail. P. O. Box l00 Vail, Colorado 81657 Attention: Town Manager Copy to: Town Attorney The addresses herein given may be changed by the party affected thereby by notice given pursuant to the provisions of this para- graph. {b) Waiver. No waiver, expressed ar implied, of any breach of any covenant, condition or stipulation here- under shall be taken as a waiver, expressed or implied, of any succeeding breach of the same covenant, condition, or stipu- lation. The acceptance of rent by Lessor shall not be deemed to be a waiver (except as to any default arising out of the failure to pay the rent so accepted by Lessor), of any breach of the Town of any covenant herein contained or of the right of Lessor to reenter for breach of condition. (c) Covenants Against Liens. {i) By the Town. During the term of this Agreement, the Town covenants promptly to discharge or cause to be discharged every Lien, charge or encumbrance of any nature whatsoever created by the Town and na others, which may be filed against the leased premises, and the Town will indemnify and save Lessor harmless from all. loss, cost and expense, including reasonable ~~ ~ • GROUND LEASE Rage 5 attorneys' fees, which Lessor may sustain by reason of such lien, charge or encumbrance, or in defending against such lien, charge or encumbrance. (ii} By Lessor. During the term of this Agreement, Lessor covenants promptly to discharge or cause to be discharged every lien, charge or encumbrance of any nature whatsoever created by Lessor and no others, which may be or have been filed against the leased premises, and Lessor will indemnify and save the Town harmless from all loss, cost and expense, including reasonable attorneys' fees, which the Town may sustain by reason of such lien, charge ar encumbrance, or in defending against such lien, charge or encumbrance. (7) Option to Town. It is also mutually agreed by and between the parties hereto that in consideration of the foregoing covenants of each of the parties, Lessor grants to the Town the option to extend this lease for an additional term of five years after Aiarch 1, 1983, on the same terms and con- ditions. Said option shall be exercised by the Tawn giving written notice of its intention to exercise its option to Lessor no later than January 10, 1983. Said option may not be exercised by the Town if Lessor requires use of the leased premises speci-- fically for medical purposes. (8) The Town represents and warrants that it is a duly organized and validly existing Colorado municipal corpora-~ tion and has full power and authority to enter into this Agree- ment. The Town Manager and the Town Clerk are authorized to execute and attest to this Agreement on behalf of the Town in accordance with Resolution No. 2, Series of 1978. (9) Any notice, demand, payment or other communica- tion made in accordance with this Agreement shall be deemed to ~• GROUND LEASE ~ . ~• Page 6 have been duly given or delivered on the date the same is hand delivered to the recipient or se~crenty~-two (72} hours after the same is deposited in a post office or postal box regularly maintained by the United States Post Office. {lp} The Town may not assign this lease without the prior written consent of Lessor. {ll) Miscellaneous. (a) This Agreement shall be binding upon and inure to the benefit of the Town and Lessor and their respec- tive successors, heirs and assigns. (b) This Agreement contains the entire agree- went between the parties and may not be modified in any manner except by an instrument in writing signed by both parties. (c) The section headings are inserted only for convenient reference and do not define, limit, or prescribe the scope of this Agreement. (d) This.Agreement shall be construed and enforced in accordance with Colorado law. EXECUTED on the day and year first above written. LESSOR: VAIL CLINIC, INC. TOWN OF VAIL, COLORADO BY= Rene K. Gorsuch Vice-President ATTEST: Gordon G. Brittan Treasurer By: Terrell J. Minger Town Manager ATTEST: Town Clerk !} . ~ ~ ` + 4 r ~ I ~ n ~1 ~,..~ ' .... J 1 l I , ., ., ~ ,7 ~ '~ j t / w ' y,.~ ~ r ~. .~ ~_~ ~ ~ ~--~~ ~ ~ ,: ~~~-~~-ara ~ rte ~ . r w+ \ \ ~.r ,W' r ~ yy J ' \ ~ k 1 • ~ ` i ` ~ ~, Ir (4- ~a 1 r s. 44 is t Yr`h1 r s ~ ~ , ~ ~~ ' "` a ~ ~ ~ .# r ~, ~ r r I r' ( y ~: ,. ~ F t 'Y1 +~~~ R ~ ~ i 1. t~t' ~ ~~' i J~ ~ ~ :,s a, ,~ j ~ '. H~ , _ ., r y ~ t ~~ . ~ ~~ JJ~~f i r: K: j ~ ' - ~ ,~ /~ 1, I: i r !} ~ `• \ ~ / . ~ } i ~ ~ ,~ ~~ ~~ t ,J l f ~~~F I • r ~~Wn 0~ Valll% box 7 00 nail, Colorado 81657 (3031 476-5613 Town Council Town of Vail, Colorado P. 0. Box loo Vail, Colorado 81&57 office of the town manager May z, 1978 Re: Supplemental appropriation from the General Fund for funding of VRA Summer advertising, employee housing study, and the Teen Center lease Councilmembers: Pursuant to Section 9.10(a) of the Charter of the To~srn of Vail, Colorado, I hereby certify that based on apparently reliable information from the Finance Department there are available for appropriation expected revenues in excess of those estimated in the 1978 Budget and Financial Plan for the Town of Vail which will enable the Town Council to make a supplemental appropriation of X33,000 from the General Fund for funding of VP.A summer advertising, an extensive employee housing study, and the Teen Center lease for 1978. Accordingly, z recommend that the Town Council promptly enact a supplemental appropriation ordinance for these purposes. Sincerely, i'G~ Terrell Minger Town Manager TJM/sjm Subscribed and sworn to before me this 2nd day of May, 1978. ~~C tiCt LCGL~c'r`LVS Platar~ Pub'li County bf~~agle/State of Colorado My commission expires: • • ~ ~ ~. ~. • • ~ F ~ ~ Yn'~ m O * ~ '~ ~4 ~ O ~ -~- ,,,, to d. ... ~ ~ ~ O ~ ~ ~ 4 ~ L7 ~ y .0., 7 ~ ~+ '.3' ~ ~~~. ~.7 ~ cD ~' `~ ^ C3. 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