No preview available
HomeMy WebLinkAboutC03-135a Cameron Mule Company12-~d-1997 7-~.2AM FROM •' ~ P. 5 ~,l~~sl; AGF-EEl4~IENa r: between The County of Eagle, State of Colorado and Jae Clcp- This LE.~.SE rnade and entered into this _ day of , 200, by and hetweeu the Board of County Cvmmissianers afthe Cauaty of Eagle, State of Colorado, a body cr~rporate and politic (hereinafter referred to as the "County's mod, Toe Cloy (heaeina~r referred to as "Lessee"). H1ASlneS3 Name (LeSSee): 1.0. V1tiQ ~8 ti I r ~.~•t,1 ~ ~®1'h ~C~y~.~ Contact Name: Jae Clcu~ Address: ~ 982 I~dney House Ln, Carvalis Montana 59828 Business phone #: 406-961-1381. _ Fax # =4p~9f 1-a 31.5 WHEREAS, the County represents it is duly autharixed to enter into flue Ire~ase Agreement pursuant to "aections 30-11-101, 30-11-107, and 10-11103, C.RS., as amended. WHEREAS, Jae Clay _ , represents that he is duly aufiharil to eater rota this Lease ,A,greextaent on behalf of the Y,essee for its intended purposes. C THAT, in con~aaderatiom Qf tb~e mutual promises, covenants, and conditions contained herein, the parties hereto agree hereby as fellows: SC~FE -The County does hereby lease to the Lessee the fallowing premises, as indicmted and naarlC,ed. wader pa~graph six below, situated within the Eagle County Fa%rgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises". Cs~cellatio~a p'rovasioa- 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. i~C7l~P~SJE -Lessee's use of the leased premises is solely for. Mule Clinic • • i 2-?4~-19J7 7.43AM FROM P. 6 •~ • lE~stirnated ntlmi~er of persons attending: _ ~ ~ _ ~stixaate as accurately ~s possible. ~1()TE: lessee may forfeit a deposits made if the Yxutzaher of ~rsoais attending the avast is ftileen (I5) percent Breater theirs ehe estimate provided. It is the lessee's responsibility to Iianit a~iten~dan.^,e to that indicated herein. ~:ammercial Events ~d ether events using multiple facilities involving vea~dc~rs aadloa cxk~ibitors must provide a building and site event layout pltu'i fc~r approval. 3. FEE ~CATEC~;f. tES - Defer to the Eagle County Fairgrounds Policies and Procedures Manual tc~r criteria. Check ~appticable e~ catcgr~ry below: ~ Cornlnercial oz~ Ton - Reside~at I~ County Resident Non-ljrofit lJ 4. IE~El~~?D ~1Q' AGREE1V~ld'T' -The term of this lease shall be, cbec]t applicable category: ivlanth ! l3a~r O Exhibit Mall- 10:00 a.nl. on , 2002, to 10:00 a.m. an .2002. Other fpciliffies high use days- 7:00 a.ua. to 12:00 p.m.. an _LVlay 16-17-15~ 2003. ~7 ®ther facilities lover use days- 7:00 a.m. to 14:00 p.nra. an , 2Q02. O Teem for multiple date lease shall be: _ No glass contalue~a or baRtles ere allowed oo falrgrc~unds property. lViusie roust end by i 1:OD p.rn» Everyotee roust lse off-.site by IZ:QO midt~l~~ 5. Llil~'SES ! PEItll+~lC'~S - Prior to the Lessee's event at the lased premises, Lessee shall. obtain any and all Iicxirists, permifs aadlor inspections as may be r~*cluired by laev, (food 'vamdoas must contact the Eagle County Commulxity T~cvelopnnent l7eparttr~ent- Environmental Healtt- Division far requirements). 6. 1gE1~TTAI. F'E~ AND DA11'YAGE DEPDSI'Y'S - Leese®naust pay one-half of the required damage deposit to reserve the leased premises oa the rcqucstcd date{s). The balance of the damage dctposit and fee is due and payabIc fo ee (14) days prior to the eveffit and 3' (30) days prior to the event for tl>e Ares and Grandstands. Events in the Arena and G~.dstands must be reserved na less tOtan ~~~xtv {6fl) days prier to the even#. Failure to pa~~ the damage deposit grid fee, as required, prior to tlYe event +brill result in the loss of the lease. A caneeIlatiou fee of $25 will be withheld Pram the initial damage de~+osit if the event is canceled within ttiva weeks of the event. Cancel-laition paliay for the Anna. a~ Graa~dstaatds- Eerents canceled mare than si (b0) days prior to a reserved • 12-24-1997 7~43AM FROM P.7 • ~ • event shall receive a ii~ll refund of damage deposit and fees paid. lEvents canceled less than,, ~b0) days prior to a reserved event shall forfeit one-half of the damage deposit sled azty fees paid. ' • Any and. s.ll fees and char es shall be eed t v $ agr o, in ad grace, and shown on the applicable Exhibit and attached haters. If the Lessee requires additional services, subsequern to signing the lease, the Lessee agrees to execute ~ additional services faun indicating the services required and the amounts to bs paid. Lessee agrees to pay for additional services evithin ~ {30) days sitar the event eaads. The damage deposit and fee for an event will vary depending vm the facilities selected, the day of the week used, the use category into which the user falls and whether or not alcohol is cansamed. Lessee agrees to pay the County the following rents! fees aad datnege deposits for each Fairgro~u,.ds facility leased. Damage D®pasit and Fees WaxY,~s[teet Please refer to "exhibits"attached to this contract for- fatality fees. IExhibib(s) indicating faccilitiea, dsnmrage deposits and fees attaebed? .................. Y'E9 NO Check all #hat apply: Osu~age deposit Fee Parking Lots included with Lease Pro-rodeo Arena And OrandstaAds E hibi ~T l1 / ~ ~ 250.00 300.00 Exhibit A x t a North Lawn ® ~ Exhibit B Live.tock Ee~tn {Indoor Arena) Exhibit C West Packing T,ot N/A, Exhibit D Horse Stalls/East Parking Lot ~ N/A Bxhibit E l~lorth Lawn/Picnic Area „~ Exhibit F Events Office Exhibit G 'G4~arrrn-UplPractice Arena {(}utdoor ~-rera.) NIA ]?xhibit H Concession Stand ~ -Exhibit 1 Caxnbincd 17smage Deposit fpr rcultiple facilities use S2SU.UQ no alcohol ! $500.00 alcohol served or sold Total Damage Aeposit 17nc: !Total Fees Oue: 250.00 300.00 'fO~"AL AMf,-iJN'1° DYJ1E:............. ............ . ........ . ........ _550.00 1dYlmtas o8e-baiff damage deposit due :................. . . . . ................ _25Q.00 -- - Daleace dne after one-halfdantage deposit received: ........... , ....... , ... 300.00 • 3 12-24-1997 7:44AM FROM • • EX~l~lt 1~ ~tt~-~~DEt~ A1~NA A.I'~D G~;A1~I~STA1oT~S Fairgi~oua~ds d Size of rodeo arena: 135 x ZfiO Size of warjn up alcen8 50 x 180 Seating Capacity: 2,G8Q(rodeo), (4,000 concert wlarena seating) Disabled Seating: 30 w1 110~r outlets: East parking lot: 308 tars west parking lot: 708 c~xs R. 8 I~,A,lii".X R~Nii"AL FEE iN~.UIDES: Raley arena, anraunc~cs booth, PA, warmup atL"nA, east and west parking lots, resbcoozms, shavers, 15 trash ears, $ picnic benches, bucki~rg Chutes, holding pens, walk-through and rfde ' through gates, calf chute, east booth, west booth, drirdciag fountains, stock t~s, autdaaa wash xBC~. . Aloe-l~sident of Cotnmerciai: $400.00/day -Friday-$anday $300.00lday-1Monday-Thursday County Rdsiidt:at: $200.00/da -Prlday~imday $100.00/day- Monday-Thursday Non-Profit: 100.00/day-Friday- un y. $30.00lday-Monday-Thursday • ADl)IIT101VAL Cli 4iLGE~ S: Monday thru Thursday hourly rate for rodeo arena is $40.OQ/hour .54 eer-ta pct seas sold per day (ses FAS section of manual) I staff at $25.OO/hour must be on grounds for event with attendance over S00 $5.00 per hour for',: arfena lights, $10 pas hour for tLli lights $15.00 electric hbokuplday 510.00 water hookuplday East l~arlciog lot only (4frree with ,grsndstands rental} We.~t {parking i.ot only (free with grandstands renfal) additional trash Cana Horse Stalls ~~~~~~ g ~... Stage Facilities Staff Tractor wJ operator Roller ., c _ , ~ i ~~ Water Truck w! operator ~ ~l Motor Grader Work Arena Water Arena ('evertor not always avBilskele} ~ # of hrs. #seats sold #stafflhrs. tbhrs. #hookups #hovkups $73.00/day $1.00.00/day 53.00lcan a..---•• $5.09/stall/day $200.00/day $25.00/lu. $55.00/hr. $30.OOlhr. $100.OO/hr. $90.OO/hr. $75.00 - ~ $100.00 DAMAGE DEPOSIT- n0 alcohol / alcohol served or sold- 25 / $580 ADDITIQN,AZ.. CHARGES # of law dannarrd days # of high demand days ~,_ • T6)T~ CS'I' )F~k~ JE'6r'EIYT e .. ~.~,~ l~~ ~o~ o~ ~~~~~ ~ TOTAr, $ x l7AILY FE]E $ TOTAI:, $ x DAYLY' FEE $~ TOTAL $ ~~ ~© 12-24-1997 7-46AM FROM P. 13 ' ~ • • I)rge Dspro$d Darse .]'Fee upon receipt ,ZDarde 12seeived: • ~td~zce of FFasnag~e ~lspos~ and Fees IFste ,Due: _5!3/02 ate :9ecsieyed: tj - ~-/, ®~ Edracattaaa! Eiaeat 1F'se ~'rrluer.Appliss Fsclles Adinuissio-r s~har0e (pAS) Applrtes '`Fle~se tzattke checks payable to pCagle County. 7_ CL,E.ANING AlYD DA11~lGE CHA1tGES.- prior to the commarcement of the ]case, Lessee and err a>ithorized representative of tine County shall inspect the leased premises, and shall natake written note of any damaged or u~aelean property, (for the Exhibit Hall only there will be no pre-event inspection, lessee accepts the facility as-is). At the terminaxi,on of the Lease the County's repzesentat~ve shall me.k®a post-event wails through. If the premises are left in a clean, usable and wadamaged condition, the damage deposit vrill be refwnded in fixll to the Lessee within approximately roar (4) weeks. If Lessee fails to clean the lcd. premises to the satisfaction of flee County, or if the leered premises inter any damage dozing, the Lessees occupancy, all cleaning and damage expenses incuared by Eagle County shall be deducted iFrcam the damage deposit.ln the event that the damage depv~-ct does not cover the damage, the excess cleaning and damage expenses shall be charged to Lessee wlao shall pay that excess within thirty (38) days ofbilling. Lessee agrees to comply with the facility cleaning prcacedl~res contained • in the Eagle County Fairgrounds Policies and Procedures Manual. O Concessionaire and Housekeeping supplemental agreement required. g. It~tLES AND REGULA'I°X4NS - Less®a agrees to abide by the Eagle County Fairgrounds Rules and Eegulations as set forth u, the'Taagte Co>ant;~ 2~'xirg~ro®ds Policies and Frocc~ures 1Vlanual- ]Zutes and Rc~laf~olos", attached hereto and made a part hereof by this reference. Leases is responsible for enforcing the Rules aa~d Regulations dozing its event and with all guests and paxticip~nts. 9. 1~SURAN~ l~t:bl~#.E~lE1~ITS - The County regwares all Lessees to purchase and maintain insurance as described below under paragraphs A, B & C, insuring against all creams, daunages, losses or expenses arising out of or resulting from the use of the leasc~l premises. The Ct~untyedoes not provide Lessees or their grlests insurance protection. Insurance cc~tificates sha11 Warne Fagle County ~ an "Additional Insured"'. Lessee agrees to provide the County with a Certif eaxe of Insurance acceptable to tine Caunty, namimg Eagle County as an "l~dditional Insured"f~-t>`teen (1~4) days prior • . 12-a4-i ~3~7 7 _ A.4AM FROM ~• 9 • • to cornane+atcertsent of the Leese Ag~ement. In.~rance trauy be av~ilcable throaagh CTSI's Tenm:t • LTs~r Lir~brlaty lns2art€rue Prvgr®n t7,'UI.IP), c1o J ~c H 11id~rsh de 14IcLer~n ~t 1-Aa31?-241-261 f7. ~ A. Geuaerel Liability Coyre shall be carried in the rriinirnum asnauat of $15Q,(300 per injury and $680,0U0 per occurrence for clam for damages arising £rom Lessee's use of fire Fairgrounds, uucluding but aot li~oaited to ~rsoual injury, dentb, Property damage, other dazgagc~ irmgosed by law upon the parties hereto. Cl 8. Most Liquor Liabi.lixy Insurazace is required for airy event in which beer or alcoholic beverages are being served vvithaut diree~t or indirect (including cover charge, single- price admission, dor-atipns or tips) charge. Host Liquor Liability Ia-supranee shall be cazried in the minimum arnaaunt of $ t 54,0100 gar inj ury and $600,000 per occurrence. O C. Li ug, or Leg~iab~l~i ~ is aecluir~ed for any e~rent ire which beer or alcoholic beverages are lasing sold by direct or indirect ~iaxcluding cover charge, single-price admission, donafiions or tipsy charge. Liquor Legal Liability Ins~ce shaA be carried im the minimum amount of $150,000 per injury and $600,000 per occurrence. I'roaf of Ynsurarxc®:~tta~ed? .................................... . ...... . ..... 'YF,S I~ofit L6~gnpr Lirability' and/or Lntl4nr Legaal policy required? ....................... "YES )Proof ®f last Y.ignor and/or Liquorr Legal Lia6~Aty attached? ............ . ........ YES • 10. I~elIAE1VIN]i~'YC,A-~IO1V - A. Lessee agrees tq hold the County lutnnless and assume full respo~asibility for all claims asserted against the County by third parties arising out of Lessee`s activities on the lea.~ed premises. E. Lessee agrees tl~e leased premises shall not he utaed for aaay purpose which wauld render the insurance therea>1 void or the insur~unce znsl~ Havre haasrdcaus, or far any purpose unauthorized by iaw. 11. ALCO~I+~L COZtiS1LlNIlpTI4N - Lessee is respansible for complying with the State of Golarado liquor laws. Alcoholic beverages may be served ir~idE the Exhibit Hall, in coanectiou with a private party, vvitkaaut a liquor license. ANY Lessee requesting to sell liquor must prac~rte a valid special events liquor license. Spacial events liquor licenses zt~ay only be obtained by Han-profit orgrtions recognized by the State of Colorado. Lessee acknowledges that the "sale" of beer and alcoholic beverages includes insiireet sale, for example by cover charge. single-sides admission, C7 12-24-1997 7.45AM FROM P. 18 • ~ • dox>.ations or tips. Please contact the Eagle County Clexk and Kecorder's office for more information. Check the applicable categor~r bel©vsr: • ' • Yrniiti~]s here: ~j C~~ • Lessee requests to serve and consume alcohol inside tb~e lr:~hibit Hall, for a private r . Pte'. ~ Lessee requests to sell alcohol, or charge admission to or receive donations in cornsectia>n with an ©vent wh®re alcohol is provided, on the Eagle Coanty Fairgrounds' premises; a valid sp~ai event liquor license is required. G ~ Lcsscx shall not serve or consume alcohol on the premises, Proof of special events llgnor itcense recefved7 .... . ............. .. ~ ~..... , .. Y£S N~ 12. SECURITY -All events where alcahal is served, consumed or sold shall provide seeEarily. lvents •where attendance is greater than 150 persons in attendance stall provido security basod upon the following schedule: 0 to 100 in attendanco (required only if alcohol served) ........ 1 uniformed personnel 100 to 200 in attendance .......... 1 uniformed pcrsonaci for na alcohol, 2 for alcohol 200 to 500 in attelo~dance ................................ 3 uniformed perso~anel • 500 to 1000 in attendance ............................... 4 uniformed personnel more than 1flOfl in attendance ............................ 5 uniformed personnel plus olne additional uniformed personnel for each additional 1000 attendees. I~ Events with Sfl0 or more in attendance require EMT service on-site. 1~i,en required, by the guidelines above, Lessee shall provide at its sole oxponse uniformed security .far events. I,es~ shall provide a written. signed eonfirm~tion, from the security provider, to the Facilities Management Department no less than~cvcn (7) days prior to the event. Security must be arranged through a bonded security ~ ar the Eagle County Sheriff's Deparlinent. Se~:aarity required? ......... ........... ... ............................. X'E N l"rogf of security provided? ................................................... YES NQ 13. KEY CHECKOUTlRETiJ1;tN - l,.essee shall attain a k®y td the leased premises within 48 hours of the event after the fees and damage deposits have been paid im. full to the county; proof of ixlsu~ce has been submitted; praaf of required security bas been submitted easel any other requirements ha~re been met. The key mu>3t be returned to the county no later than trte fu~st bu3iness • 6 12-24-1997 7~45AM FROM P. 11 day following the cad of the lease. Keys must be returned to the Fatrgmunds (~fftee at:1400 • Fairgrounds Road, ale, CQ, I.f the key is not returned within 48 hours after tla~e end of the event, a lost key fee of $50.00 will be withheid from. the damage deposit. 14. S1![ISCELLANEOIIS - 1Lessee may not assign all or aay part of this Lease without the express, written 4orsextt of County, which consent County may grant or deny is its sole discretion. County's consent to any such assignment does not constitute its agreement to consent to any other assigtunent. Unless County°s writte>~a coz~seat to an assignment exgressly states to the contrary, T.essee's assignment ofa11 ar any Bark of tkiis Lease does no relieve Les. from liability far the performance of all duties and obligations to be performed by the lessee by the terms of this Lease. 11. Lessee shall permit the County to have access to the leased prcinises before, during, and after the scheduled event. The County shall have the rigb~t to cancel any event! without notice, or to stop any event ins progress should the County determine 'that the security a: life-r~fety of the lesseeand/or attendees is in jeopazdy or if the County deems the facilities n~ecessa~ry for a public emergency. B. No moalification or waiver of this Lease or of any covenant, condition, or provision herein • contained shall be valid unless agreed to in wrii~ by all parties. C. Tlae written Lease embodies the whole agreement between the parties hereto. There are ao inducements,, promises, terms, conditions, or obligati©ns made or entered into by either the County ear Lessee other than those contained herein. p, ,ill agreements and eovez~alnks herein are scvcrablq and in the event that any of them shell ba held invalid by a court of competent jurisdic#ion, this Lease shall be intergreted as if such invalid a~.ceement or covenant were not contained herein. E. If lessee fails to abide by the terms of lease, the County reserves the right to bold any or all of lessee's damage deposit. IN WITNESS WH1r~OF, the parties hereto have executed this Lease Agreement. t3ae original sha11 be kept on file with the County and one copy will be delivered to i.essee. • 7 12-24-1997 7-46AM FRAM P. 12 . ~ , • THE CC~UN'FY: COC.R~T''i'' Oi; IEA~rLE, STATE G1F COLOZtA~?O by and through L.E. V~lilli ; Jr. ~rectQr Eagle Couoty fair & Rode LESSEE Name, Ti STATE OF COLORADO ) )ss County of Eagle ) • The foregoing was aelatowledged before me this ~~, day of ~- (.~.~ , 20fl~2 r, ~I -C ~' .'~ ~z, ~~~ My com~issxon expires: ~~ I c~ ~ (~ ~ Nataay l'~twblic •