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HomeMy WebLinkAboutC02-054 Lease with St. Mary's Preschool for annual bingo benefitN LEASE AGREEMENT between The County of Eagle, State of Colorado and St. Mary's Preschool_ 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, St. Mary's Preschool (hereinafter referred to as "Lessee ") Business Name (Lessee): St. Mary's Preschool Contact Name: Agnes Address: 215 Capitol St., Eagle, CO Business phone #:970 328 -6396 Home Phone #:_ 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, Agnes . t- a- I _J , 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: Annual Bingo Benefit 1 Estimated number of persons attending: EsCiate 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. 0 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: 171 Commercial / Non - Resident 171 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 _3/16 , 2002, to 10:00 a.m. on _3/17 52002. 0 Other facilities high use days- 7:00 a.m. to 12:00 p.m. on 12002. 0 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 tha (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 0) I ,, T .i event shall receive a full refund of damage deposit and fees pai . Events canceled less than sixty (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 him (30) 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: Concession Stand Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250, 50 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I TOTAL AMOUNT DUE: .............................................. 300 Minus one -half damage deposit due: ..................................... 150 Balance due after one -half damage deposit received: 3 ........ .150 t Damage deposit Fee Parking Lots Included with Lease Ffas W-e-si Pro -rodeo Arena And Grandstands Exhibit Hall / North Lawn 250 50_ Livestock Barn (Indoor Arena) West Parking Lot N/A _ Horse Stalls/East Parking Lot N/A North Lawn/Picnic Area Events Office Warm -Up /Practice Arena (Outdoor Arena) N/A Concession Stand Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250, 50 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I TOTAL AMOUNT DUE: .............................................. 300 Minus one -half damage deposit due: ..................................... 150 Balance due after one -half damage deposit received: 3 ........ .150 t 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: $1 �.00 /day - Friday- Sunday $50.00 /day- Monday - Thursday Non - Profit: $50.00 %day- Friday - Sunday $25.00 /day- Monday - Thursday ADDITIONAL CHARGES: .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 comm. /$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 -$250 / $500 ADDITIONAL CHARGES TOTAL $ # of low demand days x DAILY FEE $ TOTAL $ # of high demand days �_ x DAILY FEE $ TOTAL $ TOTAL COST FOR EVENT $ 2, ' Damage Deposit Date Due: 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. 0 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 L, to commencement of the Lease Agreement. Insurance may be vailable through CTSI's Tenant v g 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. 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. °t Proof of Insurance attached? ................. ............................... YES. 7O Host Liquor Liability and /or Liquor Legal policy required? ....................... YES O 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, R ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 3/16/2002 Charge Credit Cancellation Date of Endorsement 3/18/2002 Certificate Holder Archdiocese of Denver 1300 S. Steele Street Denver, CO 80210 c Certificate No. 8858 of The Catholic Mutual Relief Society is amended as follows: SECTION II - ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability, Coverage F - Medical Payments to Others and Coverage H - Counseling Errors and Omissions) is amended to include as an Additional Protected Person(s) members of the organizations shown in the schedule, but only with respect to their liability for the Protected Person(s) activities or activities they perform on behalf of the Protected Person(s). It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement; and this extension of coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Person(s) will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date. Remarks: Schedule - ADDITIONAL PROTECTED PERSON(S) Eagle County Government, Fair & Rodeo Management P O Box 57 1400 Fairgrounds Road Eagle, CO 81631 -0850 Coverage only extends for claims arising out of St Mary Parish's use of facilities at the Eagle County Fairgrounds for Bingo on March 16 -17, 2002. PKS -122 (1 -99) A4�(- �4-4- uthorized Representative Certificate f Covera e ate: 1/24/2002 Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of Denver confers no rights upon the holder of this certificate. This certificate 1300 S. Steele Street does not amend, extend or alter the coverage afforded below. Denver, CO 80210 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY Covered Location 4223 CENTER ST St Mary Parish OMAHA, NE 68105 P O Box 1900 Eagle, CO 81631 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property General Liability General Aggregate © Occurrence Products- Comp /OP Agg 8858 7/1/2001 7/1/2002 Personal & Adv Injury El Claims Made Each Occurrence $500,000 Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability 8858 7/1/2001 7/1/2002 Each Occurrence 000 $L000,000 Other Each Occurrence Description of Operations /Locations/Vel icles/Special Items Coverage only extends for claims arising out of St Mary Parish's use of facilities at the Eagle County Fairgrounds for Bingo on March 16 -17, 2002. older of Certificate ancellation Additional Protected Person(s) Should any of the above described coverages be cancelled Eagle County Government, Fair & Rodeo Management before the expiration date thereof, the issuing company will- P O Box 57 endeavor to mail 30 days written notice to the holder of 1400 Fairgrounds Road certificate named to the left, butfailure to mail such notice shall Eagle, CO 81631 -0850 impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative 0018000320 ft donations or tips. Please contact the Eagle County Clerkd Recorder's office for more information. Check the applicable category below: Initials here: 171 Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private party. 173 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, NO Proof of security provided? ............................. : t ... . ,. ....'` ./YES NO r �( 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 el G C', ' day following the end of the lease. Keys must be returned to-die 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. VA t C _ ' THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO Name, Title: by and through L.E. Williams, Jr. Director Eagle County Fair & Rodeo LESSEE STATE OF COLORADO )ss County of Eagle The foregoing was acknowledged before me this day of 2002 by V/ My commission expires: Notary Public N.