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HomeMy WebLinkAboutC93-020 Lease with Bill Johnson for WECMRD for Fairgrounds1993 LEASE AGREEMENT BETWEEN CA LE COU THE COUNTY OF EAGLE, STATE OF COLORADO C93 -20 -27 AND W estern Eagle County Metropolitan Recreation District Bill Johnson THIS LEASE made and entered into this 12 day of February 199_3, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County ") and Rill Inhncnn , (hereinafter referred to as "lessee ") for the purpose of Dan re WHEREAS, the County represents it is duly authorized to enter into this Agreement pursuant to Sections 30 -11 -101, 10 -11 -103, and 30 -11 -107, C.R.S., as amended. WHEREAS, Bill Johnson represents that he /she is duly authorized to enter into this agreement for its intended purposes. W I T N E S S E T H THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE The County does hereby lease to the Lessee the following premises, as indicated and marked below, situated within the Eagle County Fairgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises." X A. Exhibition Hall, including the restrooms, stage area, tables and chairs, bar, and kitchen facilities. B. Exhibition Hall, including the restrooms, stage area, tables and chairs, and bar. C. Picnic & Lawn Area including restrooms, playground and picnic tables. D. Concession Stand, including the grill, freezer, cooler, and sinks. E. Arenas, chutes, the announcer stand, catch pens, grandstands arena bathrooms. F. Horse stalls and holding pens. 2. PERIOD OF AGREEMENT The term of this lease shall commence February 13, , 199 3 and expire February 14, , 199 3 3. FEES The deposit and fees charged for events will vary depending on the characteristics of the event and the type of Lessee. PRIVATE FUNCTIONS: Functions which are not open to the general public and are social in nature. NONPROFIT ORGANIZATIONS AND YOUTH GROUPS: Must have proof of nonprofit status from the Secretary of State's office in Denver, Colorado, or be a local chapter of a nationally chartered organization. A nonprofit organization is defined as an organization in which no part of the income or profit is distributed to its members, directors, or officers. OTHER: Any individual or group that is not registered as a nonprofit organization, and /or which is open to the general public and /or which advances the individual's or group's financial or business interest. * ** See attachment for fee structure. - Lessee is a Non - profit TOTAL DEPOSIT AND FEE REQUIRED: $ Deposit $500.00 4. INSURANCE FOR EVENTS: Insurance coverage for functions held at the Eagle County Fairgrounds for both public and private events shall be determined by the County. If insurance is required for said function or event, the Lessee shall purchase and maintain during the term of this Agreement insurance as illustrated in Paragraphs A and B insuring against all claims, damages, losses or expenses arising out of or resulting from the use of the Eagle County Fairgrounds. The Lessee, in any event which involves the selling of alcohol ( "selling" includes accepting donations), shall purchase and maintain during the term of this Agreement insurance in the following type and amounts insuring against all claims, damages, losses or expenses arising out of or resulting from the use of the Eagle County Fairgrounds: A. General Liability coverag which shall name Eagle County as additional insured, and shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence for coverage of claims for damages arising from Lessee's use of the Fairgrounds, including but not limited to personal injury R and death, property damage, and other damages imposed by law upon the parties hereto. Lessee agrees to provide the County with a Certificate of Insurance acceptable to the County, naming Eagle County as "Additional Insured" fourteen (14) days prior to commencement of this Lease Agreement. B. Host Liquor Liability Insurance is required for any event in which alcohol is being sold. Please contact the Eagle County Clerk and Recorder's office for more information. C. Failure to provide proof of insurance will result in the termination of this Lease Agreement. INSURANCE REQUIRED: YES NO y_ TYPE OF INSURANCE REQUIRED: A B PROOF OF INSURANCE IS ATTACHED: YES NO 5. DEP OSITS The Lessee is to pay one half of the required deposit to reserve the Eagle County Fairgrounds. The remainder of the deposit and the entire daily fee is due and payable a minimum of seven (7) days prior to the event. Failure to pay said deposit and fee seven (7) days prior to the event will result in the loss of the lease. A cancellation fee of Twenty -five dollars ($25.00) will be withheld from the initial deposit if the event is cancelled. Lessee is responsible for any and all damages to leased premises. Leased premises are to be left in a clean, usable and undamaged condition. If Lessee fails to clean leased premisses to the satisfaction of the County, or if the leased premises incurs any damage during Lessee's occupancy, excluding normal wear and tear, all cleaning and damage expenses incurred by Eagle County shall be deducted from the above deposit, and /or additional charges shall be assessed. (See Cleaning and Damage Charges attached hereto.) In the event that the deposit does not cover the damage, an additional fee will be assessed. Lessee shall have five (5) business days to pay any extra charge due to damage. If an individual or group has forfeited any part of their cleaning and damage deposit in the past, the amount of their next deposit shall be left to the discretion of the county. Deposits and fees are due and payable in advance. 6. KEY RETURN Lessee shall obtain keys to the leased premises only after said deposits and fees are paid in full to the County. Facilities shall be clean and keys shall be returned to the County no later than the first business day following the end of said lease. A penalty of $5.00 per day will be retained from the deposit for failure to return the key after the first business day following the end of said lease. 7. LICENSES Prior to Lessee's event at the leased premises, Lessee shall obtain any and all licenses or inspections as may be required by law. 8. SECURITY Lessee agrees to provide security for the events contemplated hereby. Lessee shall contact the Eagle County Sheriff's Office and make security arrangements acceptable to the Eagle County Sheriff's Office. Lessee shall be responsible for paying any and all security costs associated with said events. Proof of security is to be provided seven (7) days prior to said event. 9. ALCOHOL CONSUMPTION x A. Lessee shall be allowed to serve alcohol in the following designated areas B. Lessee and particiapants shall be allowed to consume alcohol in the following designated areas C. Lessee intends to sell alcohol on Fairground's premises. (A seperate liquor license is required. Please contact the Eagle County Clerk and Recorder's office for information.) D. Lessee shall not serve alcohol on Fairgrounds's premises. E. Lessee and participants shall not consume alcohol on fairgrounds premises. 10. RULES AND REGULATIONS Lessee agrees to abide by the Eagle County Fairgrounds Rules and Regulations as set forth in Exhibit "A," attached hereto and made a part hereof by this reference. Lessee is responsible for enforcing the Eagle County Fairgrounds Rules and Regulations during its event and with all guests and participants. 11. INDEMNIFICATION A. Lessee agrees to hold the County harmless and assume full responsibility for all claims asserted against the County by third parties arising out of Lessee's activities on the lease premises. B. Lessee agrees the leased premises shall not be used for any purposed which would render the insurance thereon void or the insurance risk more hazardous, or for any purpose unauthorized by law. 12. LESSEE'S DUTIES Lessee agrees to leave the leased premises in the same clean and usable condition which existed at the time of the commencement of this Lease Agreement. Prior to the commencement and termination of the Lease Agreement, Lessee and an authorized representative of the County shall inspect the leased premises, and shall make written note of any damaged or unclean property. If at the termination of this Lease the County's representative finds the leased premises to be unclean or damaged, Lessee shall be held responsible for any cleaning or repair of damage costs incurred by the County as a result of Lessee's occupancy of the leased premises. Said costs shall be deducted from Lessee's deposit. If said costs exceed Lessee's deposit, Lessee agrees to pay any additional costs immediately. 13. MISCELLANEOUS A. Lessee shall permit the County to have free access to the leased premises before, during and after the scheduled event. B. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless agreed to in writing by all parties. C. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or Lessee other than that contained herein. D. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 0 C IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate One counterpart each has been delivered to County and Lessee. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Name: rack T. w; s Title: County Manager LESSEE By: ` a Name: Bill Johnson Title: STATE OF COLORADO ) ) ss County of Eagle ) The foregoing was acknowldc 199---3 , by l - me this day of My commission expires: Public ( l EAGLE COUNTY FAIRGROUNDS RULES AND REGULATIONS PART 1. GENERAL RULES AND REGULATIONS A. It is intended that the Eagle County Fairgrounds (hereinafter referred to as the "Fairgrounds ") be used to meet as many needs and serve as many organizations as possible. Scheduling of events to be held at the Fairgrounds shall be done on a first come, first serve basis, at the discretion of the Eagle County Board of County Commissioners (hereinafter referred to as "the County "). No individual, organization or corporation shall be permitted to reserve the exhibit hall for more than one (1) event per month unless otherwise authorized or permitted by the County. B. Scheduling and use of the Fairgrounds and its facilities shall be managed by the Eagle County Manager or his designee. A deposit and /or fee may be required for specific facilities. Deposits shall be returned upon the approval of the County if the facilities are left in the condition in which they were found. C. In the event the deposit does not cover the damage, an additional fee will be assessed. Lessee shall have five (5) business days to pay any extra charge due to damage. D. The County shall not be responsible for losses due to theft, fire or vandalism during activities held on the premises of the Fairgrounds. E. Smoking is prohibited in all buildings, and within fifty (50) feet of any barn, hay or straw storage area, or as posted on the Fairgrounds property. F. The user shall be responsible for parking control and for insuring that fire lanes (12 feet minimum) and access lanes (12 feet minimum) are kept clear of obstruction during all events occurring at the Fairgrounds. Unless otherwise authorized, parking shall be in designated areas only. G. Children shall not be permitted in any areas where livestock are kept or used unless participating in a scheduled event, or unless supervised or accompanied by a parent or adult who shall accept complete responsibility in case of any injury accident or damage. H. All dogs shall be on a leash and under the control of the owner, unless participating in a scheduled event, and will not be allowed in any buildings unless the dog or animal is a service animal assisting a disabled person. I. Glass beverage containers are prohibited on Fairgrounds property except in the exhibition hall, - or as otherwise 6 { C authorized. J. All County -owned equipment shall be operated by County Employees only. K. All props, poles, portable fence panels, barrels and jump standards shall be returned to their designated storage location after each use. L. Camping or overnight parking - is prohibited on Fairgrounds property unless previously authorized by the County. M. All Fairgrounds users shall be responsible for cleaning up after themselves and their animals. N. The County reserves the right to deny any group or person access to the Fairgrounds. O. The County reserves the right to close any part of the Fairgrounds to public access. P. No intoxicated person shall be allowed on the Fairgrounds. No person under the age of 21 shall consume alcoholic beverages on Fairgrounds property. Q. Any and all persons using the arena shall sign a release of liability and agreement to indemnify the County from any and all claims against the County, its agents, or assigns. R. User shall obtain all necessary permits and licenses prior to scheduled use, and shall promptly pay all taxes, excise or license fees applicable to the sue of the Fairgrounds. S. User shall use and occupy the Fairgrounds, or any portion thereof, in a safe and careful manner and shall comply with all local, state, and federal laws, rules and regulations as may be in force and effect during the scheduled event, including any and all health laws and regulations. T. If, in the judgement of the County, persons attending a scheduled event are in violation of these Rules and Regulations, the County may terminate the event and require all persons to immediately leave the premises. U. The County reserves the right to enter upon the Fairgrounds property at any time to insure compliance with these Rules and Regulations. PART 2. BOARDING ANIMALS A. Unless authorized by the County, Boarding of Animals is prohibited on Fairgrounds property. Unless otherwise authorized by the County, user shall pay a $25.00 deposit and $5.00 per day fee, for each stall or pen used to insure that the premises are left in a clean and undamaged condition. } t 0 Cleaning and damage expenses shall be deducted from the deposit and /or additional charges shall be assessed to the user in event the premises are not left in a clean and undamaged condition. B. All users shall be responsible for the daily cleaning of stalls and holding pens. If user fails to clean any stall or pen, the County shall clean them and charge the user $25.00 per day per stall or pen. C. Only one horse or mule shall be permitted in any single stall, unless otherwise authorized by the County. D. The County reserves the right to inspect any animal kept on Fairgrounds property and shall attempt to call the owner in the event any animal appears to be sick or a carrier of any contagious disease. Incoming animals that appear sick shall not be admitted without a veterinarian's certificate of health stating the animal is healthy. Any animal that contracts a contagious disease must be moved immediately from the Fairgrounds at the owner's expense. E. Owners of any animal kept on Fairgrounds property shall be responsible for insuring that the animal is properly fed and watered on a daily basis. No bulk feed shall be permitted in the barns at any time. The County shall designate a feed storage area. F. Animals shall not be relocated from their assigned stalls without the prior consent of the County. G. No animal shall be permitted to be kept or stalled in the arena area. H. At the discretion of the County, the stalls and pens shall not be available for use on days when scheduled events or maintenance is planned. I. Prior to boarding an animal, all owners of animals shall sign a waiver agreeing to hold the County harmless and assume full responsibility for all claims asserted against the County. I have read the foregoing Eagle County Fairgrounds Rules and Regulations and fully understand my duties and obligations as stated in the Rules and Regulations. LESSEE: By: FEE SCHEDULE EAGLE COUNTY FAIRGROUNDS Lessee agrees to pay the County the following fees for the rental and deposit of each Fairgrounds Facility: NONPROFIT ORGANIZATIONS AND YOUTH GROUPS: Must have proof of nonprofit status from the Secretary of State , ' s office in Denver, Colorado, or be a local chapter of a nationally chartered organization. A nonprofit organization is defined as an organization in which no part of the income or profit is distributed to its members, directors, or officers. A nonprofit organization may distribute income or prof it to a member provided the member is another non - profit organization. DEPOSIT DAILY FEE 1. Exhibition Hall CLEANING AND DAMAGE DEPOSIT: $250.00 NO DAILY FEE WITH ALCOHOL $500.00 2. CONCESSION STAND CLEANING AND DAMAGE DEPOSIT $150.00 NO DAILY FEE 3. ARENAS CLEANING AND DAMAGE DEPOSIT $200.00 NO DAILY FEE 4. STALLS AND PENS CLEANING AND DAMAGE DEPOSIT $ 25.00 $5.00 5. PICNIC AND LAWN AREA CLEANING AND DAMAGE DEPOSIT $250.00 NO DAILY FEE WITH ALCOHOL $500.00 NO DAILY FEE (DAY = EACH 24 HOUR PERIOD) TOTAL AMOUNT OF DEPOSIT AND FEES c � � 6 � t CLEANING AND DAMAGE CHARGES The following charges will be-assessed against lessee s cleaning and damage deposit when lessee has failed to leave leased premises clean and free of damage as per the County's Rules and Regulations. Events allowing alcohol $25.00 per man hour Minimum charge: $150.00 Events without alcohol $25.00 per man hour Minimum charge: $125.00 Damages Other than normal wear and tear, charge will be based on cost to repair or replace. Lessee Initials