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HomeMy WebLinkAbout1997-16 Adopting an IGA with Eagle County School District Re 50J to Secure Seasonal Housing for the Benefit of EmployeesRESOLE`' ON NO. 16 SERIES OF 1997 A RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE COUNTY SCHOOL DISTRICT RE 50J AND THE TOWN OF VAIL TO SECURE SEASONAL HOUSING FOR THE BENEFIT OF EMPLOYEES WHEREAS, the School District and the Town wish to secure seasonal housing for the benefit of their individual employees; and WHEREAS, it has been determined that a joint effort would maximize the number of housing units that could be made available; and WHEREAS, the Town has determined that the provision of housing for the benefit of its employees is an appropriate, necessary, and valid public purpose; and WHEREAS, the School District and the Town believe that through joint participation they can more effectively fulfill their individual goals of providing housing for employees; and WHEREAS, this Agreement provides that each party thereto shall be responsible for the costs incurred for housing its individual employees. that: NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado The Vail Town Council hereby adopts the Intergovernmental Agreement attached hereto as Exhibit A, and directs the Town Manager to enter into said agreement. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of September, 1997. ti Itlll 7r lrgjri7 o1q bert W. Armour, Mayor ATTEST: SEAL pr7irllrlurltilliulLoriAker, Acting Town Clerk C:1RESOLU97.16 INTERGOVERNM—STAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made this day of 1997, between the Eagle County School District RE 50J ("School District") and Town of Vail, Colorado ("Town") collectively referred to as parties. WHEREAS, the School District and the Town wish to secure seasonal housing for the benefit of their individual employees; and WHEREAS, it has been determined that a joint effort would maximize the number of housing units that could be made available; and WHEREAS, the School District and Town have both determined that the provision of housing for the benefit of their employees is an appropriate, necessary and valid public purpose; and WHEREAS, the parties wish to allow for their joint participation pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, the parties agree as follows: 1. Master Lease Agreements. The parties have the authority pursuant to this Agreement to enter into Master Lease Agreements. Such agreements shall be between the owners of residential rental property who will be known as "Landlords" pursuant to such agreements and the parties to this Agreement who will be referred to as "Resident". Such individual Master Lease Agreements will be for such terms as are appropriate based upon the needs of the parties to this Agreement but in no event for a term longer than one year which can be renewable. 2. Sharing Qf Cost. At the time of entering into any Master Lease Agreement each parry will identify the number of rental units for which it is responsible. Each party shall be individually responsible for all costs associated with their units and shall be free to sublease those units pursuant to whatever terms and conditions it determines in its sole discretion are appropriate. Any administrative costs that result from this Agreement shall be borne equally by the parties hereto. 3. Term of the Agree int. This Agreement shall be in full force and effect upon the execution of the Agreement and shall continue in full force and effect through August 15, 1998. Exhibit A 1 Thereafter this Agreement shall automatically renew for successive one year terms unless it is terminated pursuant to the terms of paragraph 4. 4. Termination. Either parties participation in this Agreement may be terminated by written notice from such parry to the other party at least 60 days prior to August the 15th of any given year which termination will take affect at the end of August 14th. Termination of any party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such party has agreed to any such liability but the parties will be responsible for any debt incurred prior to termination, even if not payable until after termination. 5. Liability: Insurance. The parties and their governing bodies, employees and duly designated representatives shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. Each party to this Agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this Agreement. 6. Indemnification. To the extent permitted by law, the School District and the Town shall indemnify and hold harmless each other in connection with claims, losses, damages, liabilities, and law suits to the extent they arise from, or are alleged to have been raised from, negligent acts solely in connection with their respective performance under this Agreement and/or use of any residential property leased or occupied pursuant to this Agreement. In no event shall any party be liable to another party for any indirect, special, incidental or consequential damages for any reason whatsoever. 7. Amendment and Waiver. No amendment of this Agreement shall be valid unless such modification is in writing and signed by the parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the person or party against whom charged. 8. Compliance with Laws. This Agreement and the parties actions under this Agreement shall comply with all federal, state, and local laws, rules, regulations, court orders and governmental agency orders in existence at the time of execution of this Agreement, and as may be amended from time to time. 9. Severability. If any of the provisions of the terms and conditions contained herein shall be held to be invalid or unenforceable in any jurisdiction which these terms and conditions F apply, such invalidity or unenforceability shall not invalidate or render unenforceable any other term or condition, but rather these terms and conditions shall be construed and enforced accordingly. However, in the event such provision is considered an essential element of these terms and conditions, the Parties shall promptly negotiate a replacement thereof. 10. No Grant of Right to Third Party. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any cause of action, right to sue, or allow any claim against any party because of any services provided hereunder or any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 11. Whole Agreement. This written Agreement, incorporating its attachments, embodies the whole agreement between the parties hereto, and there are no inducements, promises, terms, conditions or obligations made or entered into by any party other than those contained herein. 12. Assignability. This Agreement shall be binding upon the respective parties hereto, their successors and assigns, and may not be assigned by anyone without the prior written consent of the other parties hereto. 13. Notice. Notice hereunder shall be given by United States Mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. IN WITNESS HEREOF, the parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. Robert W. McLaurin, Town Manager Attest: Lori Aker, Acting Town Clerk EAGLE COUNTY SCHOOL DISTRICT RE 50J LE Don Marks, President ATTEST: F'Aschooldi,agl 3 INTERGOVERNMENTAL A M THIS INTERGOVERNMENTAL AGREEMENT is made this .97 day of 1997, between the Eagle County School District RE 50J ("School District") and Town of Vail, Colorado ("Town") collectively referred to as parties. WHEREAS, the School District and the Town wish to secure seasonal housing for the benefit of their individual employees; and WHEREAS, it has been determined that a joint effort would maximize the number of housing units that could be made available; and WHEREAS, the School District and Town have both determined that the provision of housing for the benefit of their employees is an appropriate, necessary and valid public purpose; and WHEREAS, the parties wish to allow for their joint participation pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, the parties agree as follows: 1. Master Leasg Agreements. The parties have the authority pursuant to this Agreement to enter into Master Lease Agreements. Such agreements shall be between the owners of residential rental property who will be known as "Landlords" pursuant to such agreements and the parties to this Agreement who will be referred to as "Resident". Such individual Master Lease Agreements will be for such terms as are appropriate based upon the needs of the parties to this Agreement but in no event for a term longer than one year which can be renewable. 2. Sharing of Cost. At the time of entering into any Master Lease Agreement each party will identify the number of rental units for which it is responsible. Each party shall be individually responsible for all costs associated with their units and shall be free to sublease those units pursuant to whatever terms and conditions it determines in its sole discretion are appropriate. Any administrative costs that result from this Agreement shall be borne equally by the parties hereto. 3. Term of the Agreement. This Agreement shall be in full force and effect upon the execution of the Agreement and shall continue in full force and effect through August 15, 1998. 1 Thereafter this Agreement shall automatically renew for successive one year terms unless it is terminated pursuant to the terms of paragraph 4. 4. Termination. Either parties participation in this Agreement may be terminated by written notice from such party to the other party at least 60 days prior to August the 15th of any given year which termination will take affect at the end of August 14th. Termination of any party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such party has agreed to any such liability but the parties will be responsible for any debt incurred prior to termination, even if not payable until after termination. 5. Liability: r n . The parties and their governing bodies, employees and duly designated representatives shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. Each party to this Agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this Agreement. 6. Indemnification. To the extent permitted by law, the School District and the Town shall indemnify and hold harmless each other in connection with claims, losses, damages, liabilities, and law suits to the extent they arise from, or are alleged to have been raised from, negligent acts solely in connection with their respective performance under this Agreement and/or use of any residential property leased or occupied pursuant to this Agreement. In no event shall any party be liable to another party for any indirect, special, incidental or consequential damages for any reason whatsoever. 7. amendment and Waiver. No amendment of this Agreement shall be valid unless such modification is in writing and signed by the parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the person or party against whom charged. 8. CQmnliance with Laws. This Agreement and the parties actions under this Agreement shall comply with all federal, state, and local laws, rules, regulations, court orders and governmental agency orders in existence at the time of execution of this Agreement, and as may be amended from time to time. 9. Severability. If any of the provisions of the terms and conditions contained herein shall be held to be invalid or unenforceable in any jurisdiction which these terms and conditions 2 apply, such invalidity or unenforceability shall not invalidate or render unenforceable any other term or condition, but rather these terms and conditions shall be construed and enforced accordingly. However, in the event such provision is considered an essential element of these terms and conditions, the Parties shall promptly negotiate a replacement thereof. 10. No Grant of Right to Third Party. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any cause of action, right to sue, or allow any claim against any party because of any services provided hereunder or any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 11. Whole Agreement. This written Agreement, incorporating its attachments, embodies the whole agreement between the parties hereto, and there are no inducements, promises, terms, conditions or obligations made or entered into by any party other than those contained herein. 12. Assignability. This Agreement shall be binding upon the respective parties hereto, their successors and assigns, and may not be assigned by anyone without the prior written consent of the other parties hereto. 13. Notice. Notice hereunder shall be given by United States Mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. IN WITNESS HEREOF, the parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. TOWN OF VAIL By: W. McLaurin, Town Manager Attest: "a (&' Lori Aker, Deputy Town Clerk EAGLE COUNTY SCHOOL DISTRICT RE 50J By: Don Mark resident ATTEST: a-6m A& F A&chooidi,xgi 3