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HomeMy WebLinkAbout1994-24 Approving the Present TOV Lease Schedule and Granting Authority to the Town Manager to Enter into Lease AgreementsRESOLUTION NO. 24 SERIES OF 7994 A RESOLUTION APPROVING THE PRESENT TOWN OF VAIL LEASE SCHEDULE AND GRANTING AUTHORITY TO THE TOWN MANAGER TO ENTER INTO LEASE AGREEMENTS. WHEREAS, Section 13.3 provides that Council may Eease, for such term as Council shall determine, any real or personal property to or from any person, firm or corporation, public or private, governmental or otherwise; and WHEREAS, the Council has reviewed the present Town of Vail lease schedule; and WHEREAS, the Town Council has reviewed the financial policy and procedures for the rental of deck space and commercial space in parking structures (94-1 }; NOW, THEREI=ORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado: 1. That the lease schedule is hereby approved. 2. The Town Manager shall enter into such lease agreements and renewal of lease agreements as are appropria#e. 3. That this resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 8th ,day of December, 1994. C.~ .. Mar ret A. Osterfoss, Ma r ATTEST: Holly . McCutctieon, Town Clerk G:1AESdLU94,24 Y RaaolWian No. 24, Sariss o1 19BA FINANCIAL POLXCY AND PROCEDURES RENTAL OF DECK SPACE AND COMMERCIAL SPACE xN PARKING STRUCTURES 9~-]. SCOPE This policy covers the process of the Town leasing decks, office space located in the Town's parking structures, and any other building space leased. LEASE NEGOTIATION The Town Attorney is designated as the key lease negotiator and will delegate to and rely on, as needed, other designated Town staff during the negotiation process. LEASE ADMINISTRATOR The Finance Controller or designee is designated as the Lease Administrator. PARKING STRUCTURE SL7PERINTENDENT INVENTORY OF DECK RENTALS NEW LEASE AGREEMENTS The Parking Structure Superintendent is responsible for negotiating lease terms and working directly with Lessees for all lease space in the parking structures, except the Teen Center area which is the responsibility of the Vail Recreation District. The Community Development Department and/or the Town Clerk's office and/or the Town Attorney`s office shall submit current information regarding new or revised leases to the Lease Administrator. The Lease Administrator shall take inventory of deck rentals annually to make sure all decks rentals are being billed and payment received. Inventory procedures: The Lease Administrator shall meet with Community Development and the Town Clerk's office to ensure all new deck rentals or terminations are inventoried. The Parking Structure Superintendent, Community Development Department, or Lease Administrator, or any other department of the Town should notify the Town Attorney when a new lease needs to be drafted. After drafting, the lease agreement should be reviewed by the Lease Administrator and Finance Director as appropriate. After the lease is 1 ~- executed one original should be filed within five 5} working days with the Town Clerk and, a copy should be filed within five (5} working days with the Lease Administrator and the department negotiating the lease. LEASE RENEWAL The Town Attorney should review the lease and either recommend renewal, termination, or renegotiate a new lease. Any final action taken by the Town Council should be communicated to the Lease Administrator. BILLING A billing should be made by the Accounts Receivable Administrator in Finance approximately 15 days prior to the due date of the lease payment. VERIFY LEASE TERMS The Lease Administrator should determine within 30 days after execution of the lease, that all non- financial terms are being met by Lessee (e.g. certificate of insurance on file}. If they are not, a letter should be sent to the lessee requiring the needed information. If after 60 days there is no response by the lessee, this should be communicated to the Town Attorney who will advise the Lease Administrator on further action. DELINQUENT PAYMENTS All lease payments are due in accordance with each lease's specific terms. However, if a lease payment is not received by the due date, the Parking Structure Superintendent and/or Town Attorney should be notified and. penalties will be billed on the first billing after the due date. The Lease Administrator shall provide~a monthly compliance report to the Parking Structure Superintendent, the Town Attorney, the Finance Director, and the Town Clerk. LEASE SIGNING The Tawn Manager shall sign all leases. MONTHLY MEETINGS The Lease Administrator should hold monthly lease meetings that include the Town Attorney, Lease Administrator, Parking Structure Superintendent, Town Clerk, and other parties as deemed necessary. The purpose of such meetings is to share information regarding lease renewels, delinquencies, compliance with lease terms, etc. 2