The URL can be used to link to this page

Home My WebLink AboutC02-086 Lease with CMC for celebration days3 -30 -1997 9:03AM FROM P•2 G2�- LEASE AGREEMENT between The County of Eagle, State of Colorado and Colorado Mountain College_ This LEASE made and entered into this2 9 tlday of March_ , 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, Colorado Mountain College (hereinafter referred to as "Lessee "). Business Name (Lessee): Contact Name: Colorado Mountain College Ann Holder Address: 831 Grand Ave.. Glenwood Springs, CO 81601 Business phone #:970 947 - 8405 . Fax Phone #:970 947 -8324 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, Ann Molder , 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. 0 Cancellation Provision applies. 2. PURPOSE - Lessee's use of the leased premises is solely for: _Company Picnic /Celebration Days 3 —ap -1997 9:03AM FROM P_ 3 C-1 Estimated number of persons attending: * 17 0 Estimate 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: 0 Commercial or 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 May 8 , 2002, to 10:00 a.m. on May 9 , 2002. 0 Other facilities high use days- 7:00 a.m. to 12:00 p.m. on .2002. d Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2002. Q 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 ofd 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 PEES AND DAMAGE DEPOSITS - Lcssee 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 sixty (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 3 -3C, -1997, 9 = 04.AM FROM P. d C, event shall receive a full refund of damage deposit and fees paid. 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 tv, 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 thirty (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: Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250.00 25.00 TOTAL AMOUNT DUE: ......................... / .. 275-00 Minus one -half damage deposit due:................ � � y Balance due after one -half damage deposit received; 3 Damage deposit Fee Parking Lots Included with Lease East WeR Pro-rodeo Arena And Grandstands Exhibit A Exhibit Hall / North Lawn 250.00 25.00 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 1 Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250.00 25.00 TOTAL AMOUNT DUE: ......................... / .. 275-00 Minus one -half damage deposit due:................ � � y Balance due after one -half damage deposit received; 3 e . 3 -30 -1997 3.31AM 01 Size of Hall: Size of kitchen: Seating Capacity: Size of stage: East parking lot: West parking lot: FROM ./' Exhib t B 50 x 100 10 x 20 (extra cost) 214 25 x 25 300 cars 700 cars DAILY RENTAL FEE INCLUDES: Ball, 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 Nan- Protlt: $50.00 /day - Friday- Sunday .$25.00 /day- Monday - 1hursday 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 DAMAGE DEPOSIT- no alcohol / alcohol served or sold- $250 / $500 ADDITIONAL CHARGES # of low demand days x DAILY FEES zJ # of high demand days x DAILY FEE $ TO'T'AL COST FOR EVENT #seats sold 0stafl'/hrs. $ /day Nhookups #hookup* $75.00 /day $100.00 /day $5.00 /can $5.00 /stall/day $25.00/hr. . TOTAL $ TOTAL $ TOTAL r-A • P. 4 3 -30 -199,7 9.0dAM FROM P. 5 I Cj U 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 lent 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. Q 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 rd 3 -30 -1997 9 -0SAM FROM P.6 to commencement of the Lease Agreement. Insurance may be available through CTSI :s Tenant User Liability Insurance Program (TULIP), clo J & H Marsh & 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. Ole 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 ioj ary and $600,000 per occurrence. C. "i uor Legal LiabiliIX 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 NO Host Liquor Liability and/or Liquor Legal policy required? ....................... YES Proof of Host Liquor and /or Liquor Legal Liability attached? ..................... YES N 10. INDEMNIFICATION A. Lessee agrees to hold the County harmless and assumo full responsibility for all claims asserted against the County by third pardes 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. IL ALCOHOL CONSUMPTION - Lessee is responsible for complying with the State of Colorado liquor laws. Alcoholic beverages maybe 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, 04/09/2002 11:46 FLOOD PETERSON DENVER OFFICE 4 9709478324 +v I J V L'LV "' ' .I CERTIFI TE OF LIABILITY INS .' NICE 04 /0 /02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIQWM UPON THE CERTIFICATE 9351 Grant Street, Suite 600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- Denver, CO 80229 720 9 7 7- 7110 INSURERS AFFORDING COVERAGE INSUsmi k, Core is Insurance Company Colorado Mountain College INsLIREaa Pinnacol Assurance P.O. Box 10001; 831 Grand Avenue INSURER C, Glenwood Springs, CO 81602 INSURER D: INSURER E :UVERAGE5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOATME POLICY PERIOD INDICATED. N&WIT14STANDING ANY REQUIREMENT, 'TERM OR CONDITION OR ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY YKE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, L TYPE OP INSURANCE POLICY NUMM POLICY OCl7VE PATE =0N - ..-- .....___ _ _..�...,...., LIMITS A i GENERAL LIABILITY X.COMMEROIALGENERALLIABILITY CLAIMS MADE a OCCUR 651008755 0 7/ 0 1 / 0 1 07/01/02 EACH OCCURRENCE S 1 0 0 0 0 0 0 _ FIRE OAMAOE (Any ow fire) $100,000 _ is, 006-* 0 6 MED E V (Any &A pewee) PERSONAL i ADV INJURY _ $1,000,t)00 I I GENERAL AGGREGATE s2,000,000 1 'GENILAaemaxTTE Lim rrAPR.1EsPER! POLICY F7 F7d LOG PRODUOT3 wCOMFICPA03_ Sl 00O 000 A I AuTommu LiAmuff 651008755 07/01/01 07/01/02 (FA 600i" $1,000,000 BODILY INJURY (Per Person) $ ALL OWNED AU7Q$ SCHEDULED AUTOS X HIRED AUTOS i X.: NON-OWNED AUTOS BODILY INJURY acd $ PROPERTY DAMAGE (Perar;Idat) _.._» . .. ' S Gam) GE LIABILITY AUTO ONLY - EA ACCIDENT s — OYHERTHAN EA A00 AUTO ONLY! AGO ^~ S ANYAUTO $ A EXCESS LIABILITY x OCCUR ❑ CLAIMS MADE 503164610 0 7/ 01 / 01 07/01/02 mem occuRRENcE 182, 000, 0 0 0 AWRE"TE $2 0 00, 000 Is $ DEDUCTIBLE $ I RETENTION $ H wommrtscwPSNsA -noNma EAIPLOYTiR3' 4045403 07/01/01 07/01/02 X WCyTATU- oER EL EACH ACCIDENT s10 0 0 0 0 EL DISEASE- TiABMPLOYE $100,000 E.L. °,$EASE • POLICY UMrr s JC 0 O 0 0 7 OTHER DESCRIPTION OF OPERATION KOCATIONWEHIOUMUCL1351ONS ADDED BY ENDORSEMENY/SPECIAL PROVLSMS Eagle County is included as an additional insured as respects scheduled events held at exhibit hall /fairgrounds. Eagle County Fairgrounds Attn: Facilities Management Box 850 Eagle, CO 81631 ACORD2s-sp7e711 of 2 #S212973/M189944 SHOULD ANYOFTHEABOVE DESCRIBED POLICESBE CANCELLED BEFORE THE ERPIRAMON DATE THERE -OR THE 1SSUMIG INSURER WILL ENDEAVOR TOMAIL. -U DAYSWRRTEN NOTICETOTHE CERTIFICATE HOLDER KMAED TOTHE LEFT; BUTFAILURE TO DOSOSHALL IM P08E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAMVE _ jr/lood 4. mod �Yti nSCtJ�dnCt� . -L - __ RML 0 ACORD CORPORATION 1888 U4/107/G1010L' . II ;4b rLUUU rtItKSUIV UGVVtK Urrlkt -* IMPORTANT NU. Ydtf 1A0101015 If the certificate holder is an ADDITIONAL INSURED, the polloy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsament(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies fisted thereon. wvrsvwvtrrorl6 O= L ff:SL1Ly 1 3 /lr1.Lt3yy't4 3-;30 -1997 9 -05AM FROM P.7 donations or tips. Please contact the Eagle County Clerk and Recorder's office for more information. Check the applicable category below: Initials. here: A/� Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private party. A* 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. Lessee shall not serve or consume alcohol on the premises. Proof of special events Hquor license received? .... ............................... YES 0 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. O Events with 500 or more in attendance require EMT service on -site. When required, by the &defines 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 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 2 3 -3,0 -1997 9 -06AM FROM P_8 C11 i day following the end of the lease. Keys must be returned to the Fairgrounds Office at:1.400 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 thorn 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 3-3p-1997 9:06AM FROM P. 9 THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through by Notary Name, L.E. Williams, Irc,-- Director Eagle County Fair & Rodeo T IP4Z4ZP.P 8