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HomeMy WebLinkAboutC01-272 Lease with Eagle Valley Horseshoe club - horse shoe pitchingThis LEASE made and eiitered into this 4 day of, 2001, by a-nil between the Board of County Commissioners of the County of Eagle, Slate of Colorado, I 1:)Ody, corporate and politic (hereinafter referred to as the "County") and. r r ,�± ( hereinafter referred to as "Lessee"). WHEREAS, the! County represents it is duly auLhorized to enter i:-Ao this Lease Agreement pursuant to Sections 30-11-101, 30-1 t-107. and 10-11-1101, C —R..,S-,,as araend 7v WHEREAS, Geor ge HLtd,:,-,petb ( -,-e- /MVP J---z rep that he/she is duly authorized to enter into this Utase Agreoment on belfalftf the I,essee for its int 1i.tied purposes THAT, in Consideration of the mutual. Promises, covenants, and r i.-Aditions contained herein. the parties hereto agree hereby as follows: SCOPE -The Count,J does hereby lease to the Lessee JbIl.oNving preni.ises, as indicated and marked under paragral)h <;ix below, situatedvvilhin the Eag,i County Fairgrowids property, County of Eagle, State of Colorado, hereinafter refexred to as the ` li.,ased prcrniseas". Cancellation Provbsion- Lessees reserving rnWbiple dates " r- roby agree, that Jae County resenes the right to ca icel reserved dates for usc of the facilities /riving (7) days advance notice- to Lessee- Cbtck whether or not cmicelladon provis".on applies belovr, X Carcellation Provision does rot al)ply, 0 Cancellation Fro-vision applies, 2. PURPOSE -Lesse:e's w;e of the leasc,-d is ' hoe Pitchh�?� Horse 10-21-1996 2:66AM FROM P.3 U Estimated number of pe-rsons attending: c )-Q Estimate as ecurately as possible. NOTE. Lessee mxV forfeit any damage d-,Po,,,:fts made if tt,-., number of persons attending the event is fifteen (15) percent greater than the estimate provided. I" is the lessee's responsibility to limit attendan(;e to that indicated herein. 0 Commercial Events and other events using mulf`p'r facilities involving vendors and/or exhibitors must provide a. building aid sate evelut I iy out plan for approval- 1 FEE CATEOOFJES - Refer to the Eagle County FairgroL a-lis Policies and Procedures Manual for criteria. Check applicable use category below: n Commercial / Non - Resident, 0 Count- y Resident X 1,1on-Profit 4. PERIOD OF AGREV !CENT - The tern ol-this lease sh-i'! be., check applicable category: lVionth / Day X Exhibit Hall- 10: 01:, m, on 2001, to 0:01, All. on --,2001, 0 Other facilities high use days- 7:00 a.m. w 12:00 ,.:a. on 2001. 0 Other facilities low use days- 7:00 a.m. to 10.01) oil X Tenn for multiple date lease sbal I be: NIondays be,i:�. aning October 22, 2001 Uzough March 2-5, -0.002 V2M No glass. containers Dr Lit) lee are all(pwvJ o rairgrouluds proper Music must end by I1: 70 p.m.. Everyone must be off-site by 12:00 trAdnight. 5. LICENSES / PERMIJ'S - prior to the f-essee'so-vent at tb : irased prernises, Lessee shall obtain any and all licenses, p(.-rrnits =dlor inspections as may be req iJ �c-d by law, (food vendors must contact the EaC-lr, County Community Development Departinc,i :.. Envirojimental Health Division for require raents). 6. RENTAL FEES AND DAP4AGE DEPOSITIS - Lessee. pay on---half of tberequired dw-nage deposit to reseive the Imised premises on the requested dz ;, (s), The balance of fhe damage deposit and fee is due and payable fourteen (14) daysprior to the e,,,:,nt and t rty (30) days prior to the event for the Arena and grand stands. Events in the Arene. find ( i•.� ; idstands must be reseve.,d no less than sixty (60) days prior to the event. Eiiiluie to pa Y I y the deposit and,fee, a,-; required, prior to the event will result in the loss of the lease.. A, cancella']{: a fee of 25 w-6.1 be withheld. ftem the initial Garnage deposit if the event is canceled vi-ithin two u;%7!cks of the event. C anceflation policy 1) 2:56AM FROM P_ 4 for the Arena. and Grandstands- Events canceled morc .1-iian = si (60) days p Ll Tior to a reserved event shall receive a full refund of darnage deposit and fi: �n paid. Events canceled less than sixty (60) days prior to a reserved event shall 'Forf'eit one-half (:,;' he dzu-na-ge deposit and any fees paid, Any and all fees and charges shall be agreed to, in advance, � ,ad shown on the applicable Exhibit and attached hereto. If the 'Lessee requires additional servi(:c,.­, subsequent to signing the lease, the Lessee agrees to execute an additional services :,brrn a-icating the services required and the amounts to be paid. Lessee agrees to pay f6r additional =.,,,:vices within jhjAy (30) days after the event ends. The darnage deposit and :Fee 1-.or an event will vary dcpendi- i,,i, an the-facilities selected, the day of the week used, the use cat.-gory into which the uso-r ik'ils a-ii' whether or not alcohol is consumed. L Lessee agrees to pay the County the following rental fees damage deposits for each Fairgrounds facility Icased. Damage Depo it and Fees Vio -L:;;beet Please refer to `"exhibits" ati-ached.to this contract fiarfiacilh�ftc-_� Exhibit(s) indicating facilffies, dainage deposits and fee.-.5 attat ............ YES NO Check all that apply: Combined Damage Repo sit for multiple -fficiliticls USe $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250.1. V TOTALAMOUNT DUE. ......... Minus one-half damn ge deposh due: ...... Balance due after one-holf damage deposit received: 9 Daul deposit Pee Parking Lots Included with .case Eesfi Pro-rodeo Arena And 13hrandstands —Ex hi bit A Exhibit Hall / North Lavvr. 25.00 per day Exhibit B Livestock Barn (indoor Arena) C West Parking Lot 14/A _____Exhibit D Horse Stalls/Eas7i, Parking Lot TIVA __E�d6bit E North Lavvii/Picnic Area Exhibit F Events Offlic,-, Exhibit G Warne -Up/Practice Axena (Outdoor Arena) -Ekbibit 11 Concession st"trid -Exfidbit I Combined Damage Repo sit for multiple -fficiliticls USe $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250.1. V TOTALAMOUNT DUE. ......... Minus one-half damn ge deposh due: ...... Balance due after one-holf damage deposit received: 9 10-21-1996 2:57AM FRIOM P. S Damage Deposit Date Due: Date Received: Balance ofDamage Deposit and Fees Date Due: Date received: Edueational Event Fee Waiver Applies Facilities Adndssion Surekarge (I-A.�) Applies *Please make checks payahl'O to Eagle County. 7. CUEANING AND DAMAGE CHARGES - Prior to the L_:,mrnencernent of the lease, Lessee and an atithorizedrepres,°ritat:ive of the County shall lnspecttivleased prerniscs.and shall ruake written note of any damaged or urielean property, (for the E--Xhj,i4 Hall only there will be no pre-event inspection., lessee ¢iccepts the facility M-Is). At 1he I �nnination of the Lease the County's representative shall rx�ake a post-event walk through. If the premises are left in a cleart, usable and uridamago, i :;ondition. the damage deposit will be refunded in full to the LCssee within approximately four (t) weeks. If Lc-.,ssee fails to clean the leased premises to the satisfaction of the County, or sed premises incur any damage during the Lessee's occuparoy, all clef iing and damage expe: i.< �s incurred by E-agle County shall be deducted from the damage deposit, lu the even, that the da-) ige deposit does not cover the damage, the excess cleaning and damage expenses shall be. cNwged 1 ',It essee who shalj: pa3, that excess within thirty (30) days of billing. Lessee agrees to cornply -with I -ii: facility cleaning procedures contained in the Eagle County F'airgrounds Policies aiid.procledures K 1rmual. 0 C oncessionake xad flouseke,.-ping suppAemerM ,,ernent requked. S. RU1,ES AND 11FC11LATIONS - Lesseleagrees toabid(. I y the.Eagle Corm Fairgrounds Rules andRegalations as setfolth in the "Eagle County Fldrg'FO ui ilds Policies and, 11'r,ocedures Manual- Rules and Regulations", attached hereto and made a - ,-, rz hereof by this reference. Lessee is responsible fbr enftorcing the Rules and Regclations &,; 111! rkg its event azid with all guests and participants. 9. IT FOR YVENTS -The Co -unit; reqtuires all L z;ees to purchase and maiwain izrwrance a5 described Belo -w under parag aphs A. B & C, instirin ;against all clakas. damages, losses or expenses arising out of or resulting frorn the use 2if the t,lased premises, The County does not provide Lessees or their guests insurance protection. Insur certificates shall name Eagle County as an "Additional fiv;ujcd"_ Lessee agrees w provide tli(. ,-ourity with a Certjficat�- of Insurance acceptable to the Cctunty, naxning Eagle County as an"A&.'.!'i.Jona1 clays prior M 10 -21 -1996 2:58AM FROM P.6 ti 3; to commencement of the Lease Agreement.. Insurance m, be available through CTSI'.s Tenant User Liability Insurance Program (TULIP), c% J & R Mcr.; h & McLennan at 1-800-241-2610. X A. General Liability Cov_exag� shall be carried 'r the minimum amount of $150,000 per injury and $600,000 per occurrence for Blair x:, for damages arising from Lessee's use of the Fairgrounds, including bait not lim b: d to personal injury, death, property damage, and other damages imposed by 1a5.v upon the parties hereto. 0 B. Host Liquor Liability Insurance is required 6,ir any event in which beer or alcoholic beverages are being served without direct or i:: .direct (including cover charge, single- price admission, donations or tips) charge. Fast Liquor Liability Insurance shall be carried in the minimum amount of $150,00C: l: i r injury and $600,000 per occurrence. 0 C. :Liquor LegglighUiV is required, for any, ew. 1::a in which beer or alcoholic beverages are being sold by direct or indirect (includi.71 cover charge, single -price admission, donations or tips) charge. Liquor Legal Insurance shall be carried in the minimum amount of $150,000 per injury a .1,:1 $600,000 per occurrence. Proof of Insurance attached? ........................ ..................... NO Host Liquor Liability and /or Liquor Legal policy required? ..... ................... 'YES NO Proof of Host Liquor and /or Liquor Legal Liability attzelted" .............. I YES NO 10. INDEMNIFICATION - A, Lessee agrees to hold the County harmless and full responsibility for all claims asserted against the County by third parties arisin: y ,ut of Lessee's activities on the leased premises. Id, Lessee agrees the leased premises shall not be uses: 1 :,)r any purpose which would render the insurance thereon void orthe insurance riskmore h -a..2., irdous, or for any purpose unauthorized by law. 11. ALCOHOL CONSUMPTION - Lessee is responsible i':): complying with the State of Colorado liquor laws. Alcoholic beverages may be served inside the is xhibit hall, in connection with a private party, without a liquor license. ANY Lessee requesting t: -r .ell liquor must procure a valid special events liquor license. Special events liquor licenses may only be obtained by non - profit organizations recognized by the State of Colorado. Lessee G..;knowledges that the "sale" of beer and alcoholic beverages includes indirect sale, for example cover charge, single -price admission, 10 -21 -1996 2.59AM FROM P.7 a donations . or tips. Please contact the Eagle County c; :1. rk and Recorder's office for more information. Check the applicable category below: Initials here: Cl Lessee requests to serve and consume alcd;.i(,1 inside the Exhibit Hall, for a private party. 0 Lessee requests to sell alcohol, or charge: si.dmission to or receive donations in connection with an event where alcohr ; is provided, on the Eagle County Fairgrounds' premises; a valid special ever'.':; liquor license is required. x Lessee shall not serve or consume alcohol c.,ii. the premises. Proof of special events liquor license received? .... ....... ....................... YES NO 12. SECURITY - All events where alcohol is served, consumed: or sold shall provide security. Events where attendance is greater than 150 persons'in attendan= t.: shall provide security based upon the following schedule; 0 to 100 in attendance (required only if alcohol se vod) ........ 1 uniformed personnel 100 to 200 in attendance .......... 1 uni forrme, l personnel for no alcohol, 2 for alcohol 200 to 500 in attendance ........... . ....... ............ 3 uniformed personnel 500 to 1000 in attendance ........ 4 uniformed personnel more than 1000 in attendance ........ , ... .......... 5 uniformed personnel plus one additional uniformed personnel, for each r:idditional 1000 attendees. Q Events with 500 or more in attendance require 1✓1VI' service on -site. When required, by the guidelines above, Lessee shall prov c at its sole expense uniformed security for events. Lessee shall provide a written, signed confirri nition, from the security provider, to the Facilities Management Department no less than seven (7) I:ys prior to the event. Security must be arranged through a bonded security firm or the 'Eagle Col,)--Y Sheriff's Department. Security required? ................... ...... ............................... YES NO Proof of security provided? ........... ............... ...................... YES NO 13. KEY CHECKOUT/RETURN - Lessee shall obtain a b-y to the leased premises within 48 hours of the event after the fees and damage deposits have, b' :n paid in full to the county; proof of insurance has been submitted; proof of required secu7::, has been submitted and any other requirements have been met. The key must be, returned to t;:,e county no later than the first business IN 10 -21 -1996 2 :59AM FROM P.8 a day following the end of the lease. Keys must be retrained to the Fairgrounds Office at.1400 Fairgrounds Road, Eagle, CO. If the key is not returned w t' iin 48 fours after the end of the event, a lost key fee of $50.00 will be withheld from the damage di: aosit. 14. MISCELLANEOUS Lessee may not assign all or any part of this Lease withou� fie express, written consent of County, which consent County may grant or deny in its sole dis ;�� :.tion. County's consent to any such assignment does not constitute its agreement to consent to arty other assignment. Unless County's written consent to an assignment expressly states to the co 7i rary, Lessee's assignment of all or any part of this Lease does not relieve Lessee from liabilit,: I';)r the performance of all duties and obligations to be perfon-ned by the lessee by the terms of f <<i Lease. A. Lessee shall permit the County to have access to the +: ssed premises before, during, and after the scheduled event. The County shall have the rig:,: to cancel any event, without notice, or to stop any event in progress should the County de,e ;rmine that the security or life- safety of the lessee and/or attendees is in jeopardy or if the C(: i.Gnty deems the facilities necessary for a public emergency. B. No modification or waiver of this Lease or of any : venant, condition, or provision herein contained shall be valid unless agreed to in writing; .�Y all parties. C. The written Lease embodies the whole agreement .»: tween the parties hereto. There are no inducements, promises, terms, conditions, o. obliE w:lons made or entered into by either the County or Lessee other than those contained herei..l. D. All agreements and covenants herein arc severablti; ,end in the event that any of them shall be held invalid by a court of competent jiuisclictior, , .1his Lease shall be interpreted as if such invalid agreement or covenant were not contained l.: =in. E. If lessee fails to abide by the terms of lease, the CA t- ii oty reserves the right to hold any or all of lessee's damage deposit. IN WITNESS WHEREOF, the parties hereto have executed this C. ,!ase Agreement. One original shall be kept on file with the County and one copy will be delivered to L�!s;:.ee. 7 I 10-21-1996 3:OOAM FROM P-9 THE COUNTY: COUNTY OF EAG�LE, STA'-FOF COLORADO Name, Title: by and through 0 LESSEE The foregoing was acknowledged before me this '....— day of I E-75 Notary Public my commission ext. 11 'Os: 8