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HomeMy WebLinkAboutC02-053 Lease with Jose Lozano for wedding' LEASE AGREEMENT between The County of Eagle, State of Colorado and Jose Lozano This LEASE made and entered into this _ day of , 2002, 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, Jose Lozano (hereinafter referred to as "Lessee ") Business Name (Lessee): Contact Name: Orall Business phone #: _Jose Lozano Box 6483, Avon, CO 81620 Home Phone #:_970- 845 -5059 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, _Jose Lozano , 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: Wedding 1 g Estimated number o _,sons attending: E late 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. 171 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 X County Resident 0 Non - Profit 4. PERIOD OF AGREEMENT - The term of this lease shall be, check applicable category: nth / Day x Exhibit Hall- 10:00 a.m. '�� 3/8 , 2002, to 10:00 a.m. on 3/10 12002. 173 Other facilities high use days- 7:00 a.m. to 12:00 p.m. o , 2002. [71 Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2002. 171 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 thirty (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 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 $200.00 /day- Monday - Thursday County Resident: $100.00 /day - Friday - Sunday $50.00 /day- Monday - Thursday Non - Profit: $50.00 /day- Friday- Sunday $25.00 /day- Monday- Thursday /:1110111 ClUrR I[ej 10, 01-I&lM11 .50 cents per seat sold per day (see FAS section of manual) #seats sold 1 staff at $25.00/hour must be on grounds for event with attendance over 500 #staff/hrs. Kitchen $75.00 comet. /$25 YNP or ANP $ /day $15.00 electric hookup /day #hookups $10.00 water hookup /day #hookups East Parking Lot only (free with exhibit hall rental) $75.00 /day West parking Lot only $100.00 /day Additional trash cans $5.00 /can Horse Stalls $5.00 /stall /day Facilities Staff $25.00/hr. DAMAGE DEPOSIT- no alcohol/ alcohol served or sold- $2504500" ADDITIONAL CHARGES TOTAL $ # of low demand days x DAILY FEE $ TOTAL $ # of high demand days x DAILY FEE $ 1 t, TOTAL $ TOTAL COST FOR EVENT $ r 0L; r event shall receive a efund of damage deposit and fees pai Events canceled less than sixtv (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 hirly (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 I NO Check all that apply: \_ --'J Parking Lots Included with Lease Eas Pro -rodeo Arena And Grandstands Exhibit Hall / North Lawn Livestock Barn (Indoor Arena) West Parking Lot Horse Stalls/East Parking Lot North Lawn/Picnic Area Events Office Warm- Up/Practice Arena (Outdoor Arena) Concession Stand Damage deposit Fee Wes 0 _500.00 Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold I► WW".1 Total Damage Deposit Due: / Total Fees Due: 500.00_ Exhibit A 200.00 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I 200.00_ TOTAL AMOUNT DUE: .............................................. 700.00 Minus one -half damage deposit due: ..................................... _250.00 Balance due after one -half damage deposit received: ....................... _450.00 3 Bal paid 2119102 ,r Damage Deposit Date Du �'11 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. 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. 173 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 M t to commencement A, Lease Agreement. Insurance may beCvailable through CTSI's Tenant User Liability Insurance Program (TULIP), clo 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. X 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? ............................................... S, NO Host Liquor Liability and /or Liquor Legal policy required? ...................... S % NO Proof of Host Liquor and /or Liquor Legal Liability attached? ..................... 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, 5 marsh UbA Inc. Ll'Ll /0L 10:08 PAVE LIZ Kight -'AX COMPANY 74XX -TULIP-00001 -01 /02 A INTERCARGO INSURANCE COMPANY INSURED COMPANY CAPP B 1740 BROADWAY, SUITE 1512 DENVER, CO 80290 COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSJRED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WATH RESPECTTO WMICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC ES DESCRI BED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS CO LTR CERTIFICATE NUMBER POLICYNUMBER SEA- 040523108 -01 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE '.. 1225 17th Street POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Suite 2100 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Denver, CO 80202 rnuoevReQ Aeenonmen I+nTVCeene COMPANY 74XX -TULIP-00001 -01 /02 A INTERCARGO INSURANCE COMPANY INSURED COMPANY CAPP B 1740 BROADWAY, SUITE 1512 DENVER, CO 80290 COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSJRED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WATH RESPECTTO WMICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC ES DESCRI BED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS CO LTR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY X COMMEROAL GENERAL LIABILITY MITC-AIMSMADE OCCUR CIMER'S & CONTRACTOR'S PROT PCGL4008315 07/01/01 07101102 GENERAL AGGREGATE $ PRODUCTS - COMPIOPAGG $ 1,000,000 PERSONALBADVINJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE Myonelre) $ 50,000 MED EXP M me "ersm $ AUTOMOBLLELUIBILITY ANY AUTO ALL GIMED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SNGLE LIMIT $ BODILY INJ URY (Per Per—) $ BODILY INJURY (Per adept) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EAACCDENT $ OTHER THAN AUTO ONLY : EACH ACCDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLAFORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERTLI BILITY THE PROPRIETOR/ INC PARITNERSEJ�CITVE OFFICERSARE, EXCL TQRYLIMITS ER EL EACH ACCIDENT $ EL DISEASE -POLICY LIMIT $ lPi DISEASE.EACH EMPLOYEE $ EAGLE COUNTY AND CERTIFICATE HOLDER ARE INSURED FOR THE WEDDING AT EAGLE COUNTY FAIRGROUNDS ON MARCH 9, 2002 LIQUOR LIABILITY $1,000,000 AGGREGATE, $1,000,000 EACH COMMON CAUSE LIMIT 94OULD ANY OF THE POLICES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WLL ENDEAVOR TO MvL 90 DAYS WRITTEN NOTICE TO THE MR. JOSE LOZANO CERTIFICATE Ha-DER NAKED HEREIN, BUT FAILURE TO MCI- SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR BOX 8483 AVON, CO 81620 LIABILITY OF ANY KIND UPOGTHE INSURER AFFORDING CWERAGE, ITS AGENTSOR REPRESENfATNES Dorothy A. Stevens ,d^**v A donations or tips. lease contact the Eaale Countv Clerk and Recorder's office for more information. Check the applicable category below: Initials here: X Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private party. 0 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. 0 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? .......................... ............................... IYES NO Proof of security provided? ..................... ................:.;�`......... NO h� 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 rol day following the en „ the lease. Keys must be returned t n"e Fairgrounds Office at: 1400 Y g Y � 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. 7 C THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through L.E. Williams; Jr0ol- Director Eagle County Fair & Rodeo LESSEE Name, Title: L J-&se Cana STATE OF COLORADO )ss County of Eagle The foregoing was acknowledged before me this by day of 2002 rMy commission expires: Y Notary Public C-1 C! Eagle County Government - Fairgrounds Management P O Box 57, 1400 Fairgrounds Road, Eagle, CO 81631 -0057 Phone: (970) 328 -3646 Fax: (970) 328 -2442 CLEANING PROCEDURES If you have questions or need assistance, please call 328 -3646 or after hours and weekends 949 -7843, leave your telephone number and where you can be reached. Failure to completely clean the facility may result in the loss of the damage deposit. TABLES AND CHAIRS 1. Clean all table tops and remove any items from underside (i.e. tape, gum). A mild detergent solution works best. Cleaning powder is not recommended. Stack tables with tops up. 2. Wipe down soiled chairs and stack them facing the same direction in the racks. 3. Refer to attached diagram showing the location where the chairs and tables should be returned. TRASH 1. Remove and replace all trash can liners from trash receptacles. 2. Place all refuse in the dumpster. 3. Pick up all exterior trash east of the large arena fences. 4. If this is an event involving livestock, pick up any manure on the roadways, lawns or paths. KITCHEN 1. Using a mild detergent solution, clean all counter -tops and mop the kitchen floor. 2. Clean all kitchen sinks and stoves. RESTROOMS 1. Sweep and mop floors with clean hot water. If the floor is soiled with food or beverage stains use a mild detergent solution. 2. Clean all sinks and toilets with a mild detergent solution. 3. Empty and replace all trash can liners in the trash receptacles. FLOORS Sweep the floor to pick up the bulk of dirt. When using dry mops, be sure to keep them dry. c c 2. "Spot mop" any soiled areas with a mild detergent solution. Scrape up any gum on the floor. 3. Mop the entire floor with clean hot water, changing the water often to keep it clean. 4. After the floor has dried, spread "floor sweep" compound generously on the floor and re -sweep with dry mops. This will return the shine to the floor. WALLS Wipe soiled areas with a mild detergent solution. FURNACE Turn all thermostats back to the lowest setting after a function. DECORATIONS All decorations must be attached with either masking tape or cellophane tape. No mechanical fasteners (i.e. tacks, nails or staples) shall be used. All decorations and tape shall be removed after a function. MOPS AND BROOMS Place mops in a bucket of mild bleach and water solution. Return brooms to closet. GROUNDS _TI M4a9toI H to) 1. Pick up all trash and place in receptacles - including trash under grandstands, bleachers and walkways. 2. If this is a horse event, pick -up any manure on roadways, lawns or paths. 3. Clean all restrooms used for event. Sweep and mop floors, wash sinks, and toilets with a mild detergent solution. Empty all trash receptacles and replace liners. CONCESSION STAND 1. Mop floors and wash counter tops with a mild detergent solution. 2. Remove all trash and place in receptacles. 3. Clean griddle with pads provided. Make sure grease catching containers are emptied and washed with a strong detergent solution. 4. Remove all leftover food from the refrigerators and wipe down with mild bleach solution. 5. Pick up trash around concession stands.