HomeMy WebLinkAboutC03-044 Chamber of Commerce? - ,
• LEASE AGREEMENT
•
between The County of Eagle, State of Colorado
and Chamber of Commerce
This LEASE made and entered into this ~ day of ~t-e~~ , 2003, 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, -Chamber of Commerce (hereinafter referred
to as "Lessee").
Business Name (Lessee): -Chamber of Commerce
Contact Name: -~,- ~
Address: ~,(~~ ~•} (~ ~~ ~'~(Ot-~'
Business phone #:~jp ~~~ Home Phone : ~7D ~~ • ~~?~ ~
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, ~ t 1~1 r~~~Vl~ , represents that he 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.
I~ Cancellation Provision applies.
2. PURPOSE -Lessee's use of the leased premises is solely for:
,, _
+ Estimated number of ~rsons attending: ~ ~' Es~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.
~ 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:
~ Commercial or Non -Resident
~ 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 April 11 , 2003, to
10:00 a.m. on April 12 , 2003.
I~ Other facilities high use days- 7:00 a.m. to 12:00 p.m. on , 2003.
~ Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2003.
I~ 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 / PERNIITS - 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 ththirtv (30) days prior to the event
for the Arena and Grandstands. Events in the Arena and Grandstands must be reserved no less than
si (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
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' , event shall receive a fulrrefund of damage deposit and fees pai~vents canceled less than si
(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 thi (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.
Ezhibit(s) indicating facilities, damage deposits and fees attached? .................. YES NO
Check all that apply:
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
Damage deposit Fee
Wes
0
500.00_
Warm-Up/Practice Arena (Outdoor Arena)
Concession Stand
Combined Damage Deposit for multiple facilities use
$500 no alcohol / $1,000 alcohol served or sold
N/A
N/A
N/A
Total Damage Deposit Due: /Total Fees Due: 500.00_
Exhibit A
50.00 Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
50.00_
TOTAL AMOUNT DUE :.............................................. 550.00
Minus one-half damage deposit due :..................................... 250.00
Balance due after one-half damage deposit received : ....................... 300.00
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exhibit hall lease, only, is for a period of 24 hours from 10:00 a.m. to 10:00 a.m. Music and loud noise must be
off by l lpm on high-use days and lOpm on low use days.
CURRENT YEAR 2002 FEES:
Facility NP CR COMM/NR DEPOSIT
Pro Rodeo Arena /Grandstands $100 Fri-Sun $200 Fri-Sun $400 Fri-Sun $250/$500
$50 Mon-Thurs $100 Mon-Thurs $300 Mon-Tours
Livestock Barn/Indoor Arena $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun $250/$500
$25 Mon-Thurs $50 Mon-Thurs $200 Mon-Thurs
Exhibit Hall/North Lawn 50 Fri-Sun $100 Fri-Sun $300 Fri-Sun $25 $500
$25 on-Thurs $50 Mon-Thurs $200 Mon-Thurs
Events Office $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun $250/$500
$15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs
Warm-Up/Practice Arena $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun None
$15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs
North Lawn/Picnic Area $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun $250/$500
$15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs
West Lot & Picnic Areas $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun None
$25 Mon-Thurs $50 Mon-Thurs $200 Mon-Thurs
East Lot/Horse Stall Area $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun None
$15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs
Horse Stalls $5/day $5/day $10/day None
NP -Non-Profit
CR -County Resident
COMM or /NR -Commercial or Non-Resident
Exhibit Hall Basic Information -Rental of the Exhibition Hall includes a 214-person seating capacity (40 tables and 214
chairs)/maximum occupancy, plus use of the restrooms, stage area, kitchen facilities, bar, and lawn area adjacent to the
hall.
INSURANCE -The County requires all Users (Lessees) purchase and maintain insurance as described
(due date) 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 to commencement of this Lease
Agreement. Insurance may be available through CTSI's Tenant User Liability Insurance Program
(TULIP), c% J & H Marsh & McLennan at 1-800-241-2610.
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• 'Damage Deposit Date Du •
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.
upon receip~
_3/28/03
~~~
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 apost-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.
~ Concessionaire and Housekeeping supplemental agreement required.
8. RULES AND REGULATIONS -Lessee agrees to abide by the Eagle County Fairgrounds Rules
and Regulations asset 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
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.,
to commencement of the Lease Agreement. Insurance may be available through CTSI's Tenant
User Liability Insurance Program (TULIP), c% J & HMarsh & McLennan at 1-800-241-2610.
O A. General Liabili 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, properly
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.
X C. Li uc~or 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? ............................................... ~~O
Host Liquor Liability and/or Liquor Legal policy required? ..................... YES 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,
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' , donations or tips. Prase contact the Eagle County Clerkd Recorder's office for more
information. Check the applicable category below:
Initials
here:
~ Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private
P~Y•
X 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.
f~ 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.
[~ 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? ................................................... S 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
6
t
.' . day following the end 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. NIISCELLANEOUS -
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 orlife-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
beheld 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.
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~~. .., •
THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO
by and through
r
L.E. Williams; J~
Director Eagle County Fair & Rodeo
Name, Title:
LESSEE
l`~C~z~~ r/lF
STATE OF COLORADO )
)ss
County of Eagle )
The foregoing was acknowledged before me this ~ay of , 2002
My commission expires: `j // (~ ~ (, Cc
Notary Public
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]2/10/D3 04:42 PH NST 303-444-4443 via VSI-FAX
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~~ Randy F,oodwin THIS CERTIFICATE IS 15StIED AS A MATTER OF INFORMATION
Talbot-Intermountain Insurance Ser ONLY ARID CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5700 ALTER THE COVERAGE•AFFORDED 9Y THE POLICIES BELOW.
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THIS IS TO CERTIFY THAT THE P~OLICfES OF INSURANCE LISTED BELOW HAVE SEEM ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PHiIOD
WDMCAIID, NOIWTfHSTANDBiIii ANY REOIJIREMENT, TERM OR CONOfI'lON OF ANY CONTRACT OR O'TH@t DOCUMENT WITH RESPCCT TO WHICH THIS
CERTII~CATE MAY BE ISSUED OR IMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEt"T TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUt3i POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIlIS.
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