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HomeMy WebLinkAboutC02-044 Lease with Cindy Crawford for Ice Rink Fundraisera LEASE AGREEMENT '` Cf32- -4-Y---3 22, between The County of Eagle, State of Colorado and WECRD This LEASE made and entered into this day of , 2002, by and between the Board of County Commissibners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County ") and, _ WECRD (hereinafter referred to as "Lessee ") Business Name (Lessee): Contact Name: Address: Business phone #: Cindy Crawford Home Phone #:328 -2899 WHEREAS, the County represents it is duly authorized to enter into this Lease Agreement pursuant to Sections 30 -11 -101, 30 -11 -107, and 10 -11 -103, C.R.S., as amended. WHEREAS, _Cindy Crawford , represents that he /she is duly authorized to enter into this Lease Agreement on behalf of the Lessee for its intended purposes. 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 under paragraph six below, situated within the Eagle County Fairgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises ". Cancellation Provision- Lessees reserving multiple dates hereby agree that the County reserves the right to cancel reserved dates for use of the facilities giving seven (7) days advance notice to Lessee. Check whether or not cancellation provision applies below: X Cancellation Provision does not apply. * Cancellation Provision applies. 2. PURPOSE - Lessee's use of the leased premises is solely for: Ice Rink Fundraiser 1 Estimated number o arsons attending: _100 &fmr ate as accurately as possible. NOTE: Lessee may forfeit any damage deposits made if the number of persons attending the event is fifteen (15) percent greater than the estimate provided. It is the lessee's responsibility to limit attendance to that indicated herein. 173 Commercial Events and other events using multiple facilities involving vendors and/or exhibitors must provide a building and site event layout plan for approval. 3. FEE CATEGORIES - Refer to the Eagle County Fairgrounds Policies and Procedures Manual for criteria. Check applicable use category below: 0 Commercial / Non - Resident 0 County Resident x Non - Profit 4. PERIOD OF AGREEMENT - The term of this lease shall be, check applicable category: Month / Day x Exhibit Hall- 10:00 a.m. on 2/15 , 2002, to 10:00 a.m. on 2/16 , 2002. 0 Other facilities high use days- 7:00 a.m. to 12:00 p.m. on 52002. 171 Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2002. 0 Term for multiple date lease shall be: No glass containers or bottles are allowed on fairgrounds property. Music must end by 11:00 p.m.. Everyone must be off -site by 12:00 midnight. 5. LICENSES / PERMITS - Prior to the Lessee's event at the leased premises, Lessee shall obtain any and all licenses, permits and /or inspections as may be required by law, (food vendors must contact the Eagle County Community Development Department- Environmental Health Division for requirements). 6. RENTAL FEES AND DAMAGE DEPOSITS - Lessee must pay one -half of the required damage deposit to reserve the leased premises on the requested date(s). The balance of the damage deposit and fee is due and payable fourteen (14) days prior to the event and the (30) days prior to the event for the Arena and Grandstands. Events in the Arena and Grandstands must be reserved no less than six (60) days prior to the event. Failure to pay the damage deposit and fee, as required, prior to the event will result in the loss of the lease. A cancellation fee of $25 will be withheld from the initial damage deposit if the event is canceled within two weeks of the event. Cancellation policy for the Arena and Grandstands- Events canceled more than six (60) days prior to a reserved 2 0 event shall receive a ir`refund of damage deposit and .fees pal Events canceled less than six (60) days prior to a reserved event shall forfeit one -half of the damage deposit and any fees paid. Any and all fees and charges shall be agreed to, in advance, and shown on the applicable Exhibit and attached hereto. If the Lessee requires additional services, subsequent to signing the lease, the Lessee agrees to execute an additional services form indicating the services required and the amounts to be paid. Lessee agrees to pay for additional services within lhir!Y (3 0) days after the event ends. The damage deposit and fee for an event will vary depending on the facilities selected, the day of the week used, the use category into which the user falls and whether or not alcohol is consumed. Lessee agrees to pay the County the following rental fees and damage deposits for each Fairgrounds facility leased. Damage Deposit and Fees Worksheet Please refer to "exhibits," attached to this contract for facility fees. Exhibit(s) indicating facilities, damage deposits and fees attached? .................. YES NO Check all that apply: Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250_ 0 TOTAL AMOUNT DUE: .............................................. 250 Minus one -half damage deposit due: ..................................... 250 Balance due after one -half damage deposit received: ....................... 0_ 1 Damage deposit Fee Parking Lots Included with Lease Eas Wes Pro -rodeo Arena And Grandstands Exhibit A Exhibit Hall / North Lawn _250_ 0 Exhibit B Livestock Barn (Indoor Arena) Exhibit C West Parking Lot N/A Exhibit D Horse Stalls /East Parking Lot N/A Exhibit E North Lawn/Picnic Area Exhibit F Events Office Exhibit G Warm- Up/Practice Arena (Outdoor Arena) N/A Exhibit H Concession Stand Exhibit I Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250_ 0 TOTAL AMOUNT DUE: .............................................. 250 Minus one -half damage deposit due: ..................................... 250 Balance due after one -half damage deposit received: ....................... 0_ 1 Size of Hall: Size of kitchen: Seating Capacity: Size of stage: East parking lot: West parking lot: Exhibit B EXHIBIT HALL / NORTH LAWN Fairgrounds Road 50 x 100 10 x 20 (extra cost) 214 25 x 25 300 cars 700 cars DAILY RENTAL FEE INCLUDES: Hall, stage, 214 chairs, 40 tables, bathrooms, lawn area, picnic tables, grills Non - Resident or Commercial: $300.00 /day - Friday- Sunday County Resident: $100.00 /day - Friday- Sunday Non - Profit: $50.00 /day- Friday- Sunday ADDITIONAL CHARGES: .50 cents per seat sold per day (see FAS section of manual) 1 staff at $25.00/hour must be on grounds for event with attendance over 500 Kitchen $75.00 comm. /$25 YNP or ANP $15.00 electric hookup /day $10.00 water hookup /day East Parking Lot only (free with exhibit hall rental) West parking Lot only Additional trash cans Horse Stalls Facilities Staff $200.00 /day- Monday - Thursday $50 00 /day- Monday - Thursday $25.00 ay- Monday - Thursday i�� 4 � DAMAGE DEPOSIT- no alcohol / alcohol served or sold- $250 $500 ADDITIONAL CHARGES # of low demand days x DAILY FEE $ # of high demand days x DAILY FEE $ TOTAL COST FOR EVENT #seats sold #staff/hrs. $ /day #hookups #hookups $75.00 /day $100.00 /day $5.00 /can $5.00 /stall /day $25.00/hr. TOTAL $ ; TOTAL $ TOTAL $ $ Damage Deposit Date Du . j Date Received: Balance of Damage Deposit and Fees Date Due: Date received: Educational Event Fee Waiver Applies Facilities Admission Surcharge (FAS) Applies *Please make checks payable to Eagle County. cil 7. CLEANING AND DAMAGE CHARGES - Prior to the commencement of the lease, Lessee and an authorized representative of the County shall inspect the leased premises, and shall make written note of any damaged or unclean property, (for the Exhibit Hall only there will be no pre -event inspection, lessee accepts the facility as -is). At the termination of the Lease the County's representative shall make a post -event walk through. If the premises are left in a clean, usable and undamaged condition, the damage deposit will be refunded in full to the Lessee within approximately four (4) weeks. If Lessee fails to clean the leased premises to the satisfaction of the County, or if the leased premises incur any damage during the Lessee's occupancy, all cleaning and damage expenses incurred by Eagle County shall be deducted from the damage deposit. In the event that the damage deposit does not cover the damage, the excess cleaning and damage expenses shall be charged to Lessee who shall pay that excess within thirty (30) days of billing. Lessee agrees to comply with the facility cleaning procedures contained in the Eagle County Fairgrounds Policies and Procedures Manual. 171 Concessionaire and Housekeeping supplemental agreement required. 8. RULES AND. REGULATIONS - Lessee agrees to abide by the Eagle County Fairgrounds Rules and Regulations as set forth in the "Eagle County Fairgrounds Policies and Procedures Manual - Rules and Regulations ", attached hereto and made a part hereof by this reference. Lessee is responsible for enforcing the Rules and Regulations during its event and with all guests and participants. 9. INSURANCE FOR EVENTS - The County requires all Lessees to purchase and maintain insurance as described below under paragraphs A, B & C, insuring against all claims, damages, losses or expenses arising out of or resulting from the use of the leased premises. The County does not provide Lessees or their guests insurance protection. Insurance certificates shall name Eagle County as an "Additional Insured ". Lessee agrees to provide the County with a Certificate of Insurance acceptable to the County, naming Eagle County as an "Additional Insured" fourteen (14) days prior 2 to commencement of the Lease Agreement. Insurance may be ailable through CTSPs Tenant User Liability Insurance Program (TULIP), c% J& HMarsh & McLennan at 1- 800 - 241 -2610. X A. - General Liability Coverage shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence for claims for damages arising from Lessee's use of the Fairgrounds, including but not limited to personal injury, death, property damage, and other damages imposed by law upon the parties hereto. O B. Host Liquor Liability Insurance is required for any event in which beer or alcoholic beverages are being served without direct or indirect (including cover charge, single - price admission, donations or tips) charge. Host Liquor Liability Insurance shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence. O C. Liquor Legal Liability is required for any event in which beer or alcoholic beverages are being sold by direct or indirect (including cover charge, single -price admission, donations or tips) charge. Liquor Legal Liability Insurance shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence. Proof of Insurance attached? .... ................. ........................ YES) r NO Host Liquor Liability and /or Liquor Legal policy required? ....................... YES (NO,, Proof of Host Liquor and /or Liquor Legal Liability attached? ..................... YES NO 10. 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 leased premises. B. Lessee agrees the leased premises shall not be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, or for any purpose unauthorized by law. 11. ALCOHOL CONSUMPTION - Lessee is responsible for complying with the State of Colorado liquor laws. Alcoholic beverages may be served inside the Exhibit Hall, in connection with a private party, without a liquor license. ANY Lessee requesting to sell 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 acknowledges that the "sale" of beer and alcoholic beverages includes indirect sale, for example by cover charge, single -price admission, 3 FES -04 -02 06 =01 FROM =EAGLE COUNTY FACILITIES ID =9703289959 PAGE 1/1 . (. �;�•'� ai:iR'_r�,4�l1+�� ;r. t.rr H+i�("q,I "Ij� +uVl :. *117 I4 +i!Ifi 7r, !Ifs A i Aerr►1 Or Colorado Spacial Districts Property and Liability Pool P.O. Box 83 r0 Portland OR 97207 -8370 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMI =NT. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. COMPANIES AFFORDING COVERAGE NAMED MEMBER I COMPANYA Colorado Special Districts Property antt Liabithy Pool Westem Eaigle County Metropolitan Recreation D COMPANY P. 0. Box 2246 COMPANY C Eagle, CO 31631 COMPANY 0 777-77 -r- i +�... i r- _ 711' '"?f" p,�"'1j'; �`;� iN This is to candy, that covorag I documents listed herein have been issued io the Named Member harm for the Coverage period Indicated Noth withstanding any requitement, term or WriditiC n of any contract of other document with reaped to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is st bjt,Y,t to all the terms, conditions and exclusions of such coverage documents. co I Type of Gov rrage I Covowe ax Effective Date I Expiration Date Umjts LTR- 't@C126dt Z7 11112002 11ti2t)09 8eneraAggregate None t3e'neral Lial��ity _ _._..--- �-- - -L-- -- -_-- 'Except that for claims octainenoe6 or suits to which the Each Oearrrence St 000 000 X Commerdal Ger cal Liability monetary limits of the Colorado Gwemn*ntal Immunity Act, C.R.S. 24.10101. et seq., as amended, apply,, them shall be a ..._. . - — -+ Public Officials L rability further sublimit of (a) $150.000 for an injury to any on person in X I Employment Pra:tices any single occurrence, and (b) $800.0W for an injury to two or r— ... more persons in any single occurr ea. but in the event of an X ( Occurrence injury IQ two or more persons in any single occurrence, the i sublimit shall not exceed $150.000 for each irqurW Person. A Automobile Usibitty X Scheduled Auto. X Hired Autos X Non-Owned Au44 1 A^ Auto Physical Dar inge X ( Scheduled auto:. X..1 Hired Autos A Excess Liability - -_ Other Than Umt reila Form ISC12601 -17 1/1/2002 I 15012601 -17 , I A Property 15C12501 -17 X.� 1/112003 K &M Occurrence 1/1/2002 i 1/1/2003 $1.000,000 ECEIVED - -- FEW O 12002 Geiseral Aggregate Face occurrent f 111/2002 111/Z003 See below, DESCRIPTION Eagle C ounty is named as covered Member for those coverages noted hereunder but only with repsect to covered liabilities arising from district use of fatalities owned by Eagle County in February, 2002, and subject to the provisions and limitations contaimfd in C.R.S. 24- 10.110. CERTIFICATE HOLDER CANCELLATION: Should any of the covera ge documents herein be caneelloo before the expiration date thereof, the Colorado Special Districts Property and Liability Pool wits Eagle County endeavor to mall written notice to the certiflcato holler ranted nereim but falture to mail POS 850 such notice shall Impose no obligation or liability of any kind upon pe Colorado Special DMftte Property and Liability Pool, its agents or representatives, or the issuer of this Eagle, CO 81631 By: t Date' 1/30/2002 Administrator THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN Colorado Special Districts Property and Liability Pool THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE P.O. Box 8370 DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. Portland OR 97207-8370 COMPANIES AFFORDING COVERAGE i— NAMED MEMBER — COMPANYA Colorado Special Districts Property and Liability Pool Western Eagle County Metropolitan Recreation D COMPANY B P. O. Box 246 COMPANY C Eagle, CO 81631 COMPANY D 2AN-14—i- _,@zy 7-- 'A This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Nothwithstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. CO Type of Coverage Coverage # Effective Date Expiration Date I Limits LTR I I A General Liability 15C12601 -17 1 1/1/2002 1 1/1/2003 General Aggregate None Except that for claims, occurrences or suits to which the monetary limits of the Colorado Governmental Immunity Act, Each Occurrence $1,000,000 X Commercial General Liability X Public Officials Liability C.R.S. 24-10-101, et. seq., as amended, apply, there shall be a further sublimit of (a) $150,000 for an injury to any one person in X Employment Practices any single occurrence; and (b) $600,000 for an injury to two or more persons in any single occurrence; but in the event of an X Occurrence injury to two or more persons in any single occurrence, the sublimit shall not exceed $150,000 for each injured person. Automobile Liability 15C12601-17 1/11/2002 1/1/2003 Each Occurrence $1,000,000 X Scheduled Autos X Hired Autos X Non-Owned Autos RECEIVED Auto Physical Damage 15C12601-17 1/1/2002 1/1/2003 X I Scheduled Autos X Hired Autos TIMANAGEMENT- Excess Liability General Aggregate A Each Occurrence Other Than Umbrella Form A Property 15C12601-17 1/1'2002 1/1/2003 See below. X DESCRIPTION Eagle County is named as covered Member for those coverages noted hereunder but only with repsect to covered liabilities arising from district use of facilities owned by Eagle County in February, 2002, and subject to the provisions and limitations contained in C. R.S. 24-10-110. CERTIFICATE HOLDER CANCELLATION: Should any of the coverage documents herein be cancelled before the Eagle County expiration date thereof, the Colorado Special Districts Property and Liability Pool will endeavor to mail written notice to the certificate holder named herein, but failure to mail POB 850 such notice shall impose no obligation or liability of any kind upon the Colorado Special Districts Property and Liability Pool, its agents or representatives, or the Issuer of this Eagle, CO 81631 certificate, By: Date: 1/30/2002 JUJ4 J'L Initials here: donations or tips. wise contact the Eagle County Clerk Ld Recorder's office for more information. Check the applicable category below: 0 Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private party. 171 Lessee requests to sell alcohol, or charge admission to or receive donations in connection with an event where alcohol is provided, on the Eagle County Fairgrounds' premises; a valid special events liquor license is required. x Lessee shall not serve or consume alcohol on 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 attendance shall provide security based upon the following schedule: 0 to 100 in attendance (required only if alcohol served) ........ 1 uniformed personnel * 100 to 200 in attendance .......... 1 uniformed 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 additional 1000 attendees. 0 Events with 500 or more in attendance require EMT service on -site. When required, by the guidelines above, Lessee shall provide at its sole expense uniformed security for events. Lessee shall provide a written, signed confirmation, from the security provider, to the Facilities Management Department no less than seven (7) days prior to the event. Security must be arranged through a bonded security firm or the Eagle County Sheriff's Department. Security required? .............................. ............................ YES Proof of security provided? .................... ............................... YES NO 13. KEY CHECKOUT/RETURN - Lessee shall obtain a key to the leased premises within 48 hours of the event after the fees and damage deposits have been paid in full to the county; proof of insurance has been submitted; proof of required security has been submitted and any other requirements have been met. The key must be returned to the county no later than the first business 11 day following the end of Cj C' the lease. Keys must be returned to the Fairgrounds Office at: 1400 Fairgrounds Road, Eagle, CO. If the key is not returned within 48 hours after the end of the event, a lost key fee of $50.00 will be withheld from the damage deposit. 14. MISCELLANEOUS - Lessee may not assign all or any part of this Lease without the express, written consent of County, which consent" County may grant or deny in its sole discretion. County's consent to any such assignment does not constitute its agreement to consent to any other assignment. Unless County's written consent to an assignment expressly states to the contrary, Lessee's assignment of all or any part of this Lease does not relieve Lessee from liability for the performance of all duties and obligations to be performed by the lessee by the terms of this Lease. A. Lessee shall permit the County to have access to the leased premises before, during, and after the scheduled event. The County shall have the right to cancel any event, without notice, or to stop any event in progress should the County determine that the security or life - safety of the lessee and/or attendees is in jeopardy or if the County deems the facilities necessary for a public emergency. B. No modification or waiver of this Lease or of any covenant, condition, or provision herein contained shall be valid unless agreed to in writing by all parties. C. The written Lease embodies the whole agreement between the parties hereto. There are no inducements, promises, terms, conditions, or obligations made or entered into by either the County or Lessee other than those 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 Lease shall be interpreted as if such invalid agreement or covenant were not contained herein. E. If lessee fails to abide by the terms of lease, the County reserves the right to hold any or all of lessee's damage deposit. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement. One original shall be kept on file with the County and one copy will be delivered to Lessee. E a r a THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through L.E. ViIH6ms, Jr. Director Eagle County Fair & Rodeo Name, Title:1 LESSEE Crawford STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this ij day of , 2002 4 by { Gk ire ` �t My commission expires: i -:50— & Q-- Notary Public