HomeMy WebLinkAboutC03-221 American Cancer Society• LEASE AGREEMENT •
between The County of Eagle, State of Colorado
and American Cancer Society
This LEASE made and entered into this ,a day of awkaL .204, by and between the Board of
County Commissioners oft he County of Ea g le State of C(horado
, a body corporate and politic (hereinafter
referred to as the "County ") and, American Cancer Society (hereinafter referred to
} as "Lessee ").
w ' Business Name (Lessee): American Cancer Society
Contact Name: _Nancy Terrill
Address: _PO Box 3115, Grand Junction, CO 81502_
Business phone #:_970 -24 -2283 Fax #:_970- 242 -2283
V41EREAS, 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.
V* HEREAS, Nancy Terrill , represents that 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:
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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:
Relay for Life Benefit
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.
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.
C. Liquor Legal Liability is required for any event in which beer or alcoholic beverages are being
consumed. Liquor Legal Liability Insurance shall be carried in the minimum amount of $150,000 per
injury and $600,000 per occurrence. Please contact the Eagle County Clerk and Recorder's Office for
more information. (328 -8718)
�N/A SECURITY All events where alcohol is served, consumed or sold shall provide security through the
Eagle County Sheriffs Department. (328 -8525) Events (due date) where attendance is greater than 150
' persons in attendance shall provide security based upon the following schedule:
f 0 to 150 in attendance (required only if alcohol served) .......................... 1 uniformed personnel
150 to 500 in attendance .... 1 uniformed personnel for no alcohol, 2 for alcohol
........... ............................... 3 uniformed personnel
500 to 1000 in attendance .......
more than 1000 in attendance ............... ............................... 4 uniformed personnel
plus one additional uniformed personnel for each additional 1000 attendees.
When required, by the guidelines above, Lessee shall provide, at its sole expense, uniformed security for events.
Lessee shall provide a written, signed confirmation to the Fair & Rodeo Management Department no less than seven
(7) days prior to the event. Security must be arranged through the Eagle County Sheriff s Department.
MISCELLANEOUS - A lease agreement must be signed by Lessee and Eagle County no later than 24 hours prior to the
event after all the require eats have been met. 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 midnighD 41A
KEY DROP OFF - If all of the requirements have been met, Lessee may obtain a key to the leased premises from the
Facilities Management office within 48 hours of the event. Leave the key in the drop box at the Exhibition Hall or at the
Facilities Management office on the date agreed upon. A penalty of $10 per day will be retained for each day thereafter.
NOTE - All of the above requirements, including time requirements, will be strictly enforced. Failure to comply with any
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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.
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.
C. Liquor Legal Liability is required for any event in which beer or alcoholic beverages are being
consumed. Liquor Legal Liability Insurance shall be carried in the minimum amount of $150,000 per
injury and $600,000 per occurrence. Please contact the Eagle County Clerk and Recorder's Office for
more information. (328 -8718)
�N/A SECURITY All events where alcohol is served, consumed or sold shall provide security through the
Eagle County Sheriffs Department. (328 -8525) Events (due date) where attendance is greater than 150
' persons in attendance shall provide security based upon the following schedule:
f 0 to 150 in attendance (required only if alcohol served) .......................... 1 uniformed personnel
150 to 500 in attendance .... 1 uniformed personnel for no alcohol, 2 for alcohol
........... ............................... 3 uniformed personnel
500 to 1000 in attendance .......
more than 1000 in attendance ............... ............................... 4 uniformed personnel
plus one additional uniformed personnel for each additional 1000 attendees.
When required, by the guidelines above, Lessee shall provide, at its sole expense, uniformed security for events.
Lessee shall provide a written, signed confirmation to the Fair & Rodeo Management Department no less than seven
(7) days prior to the event. Security must be arranged through the Eagle County Sheriff s Department.
MISCELLANEOUS - A lease agreement must be signed by Lessee and Eagle County no later than 24 hours prior to the
event after all the require eats have been met. 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 midnighD 41A
KEY DROP OFF - If all of the requirements have been met, Lessee may obtain a key to the leased premises from the
Facilities Management office within 48 hours of the event. Leave the key in the drop box at the Exhibition Hall or at the
Facilities Management office on the date agreed upon. A penalty of $10 per day will be retained for each day thereafter.
NOTE - All of the above requirements, including time requirements, will be strictly enforced. Failure to comply with any
Estimated : number of sons attending: ® Estunate as accurately as possible.
f 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
r attendance to that indicated herein.
L'a 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:
4. PERIOD OF AGREEMENT -
E
Exhibit Hall
The term of this lease shall be, check applicable category:
Month / D y
10:00 a.m. on August; 2003, to
1000 a.m. on August f I 2003.
Other facilities high use days- 7:00 a.m. to 12:00 p.m. on , 2002.
Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2002.
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. A/A a-WV& dates
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).
G. RENTAL FEES A" 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 thin (3 0) 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
event shall receive 'a fRefund of damage deposit and fees pzidRvents 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 thirt (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 contractfor facility fees.
Exhibit(s) indicating facilities, damage deposits and fees attached? .................. YES NO
Check all that apply:
r 3
Damage deposit
Fee
Parking Lots Included with Lease Eas Wes
Pro -rodeo Arena And Grandstands 0 0
Exhibit A
Exhibit Hall / North Lawn
250.00_
_50.00 Exhibit B
Livestock Barn (Indoor'Arena)
Exhibit C
West Parking Lot
N/A
Exhibit D
Horse Stalls/East Parking Lot
N/A
Exhibit E
Noi kbi Lawn/Picnic Area
Exhibit F
Events' Office'
Exhibit G
Warii Up/Practice Arena (Outdoor Arena)
N/A
Exhibit H
Fr Concession Stand
Exhibit I
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_
50.00_
TOTAL AMOUNT DUE: ..............................................
300.00
Minus one -half damage deposit due: .....................................
250.00
Balance due after one -half damage deposit received:
........................
50.00
r 3
I4 I,
Damage Deposit Date DA
upon receipf
Date Received:
1/2/03
Balance of Damage Deposit and Fees Date Due:
8115103
Date received:
ro
Educational Event Fee Waiver Applies
Facilities Admission Surcharge (FAS) Applies
*Pl ke h
ease ma c ecks 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.
H If the premises are jleft 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.
's
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
U 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
4
Exhibit B
DAILY RENTAL FEE INCLUDES:
r Hall , stage, 214 chairs, 40 tables, bathrooms, lawn area, picnic tables, grills
Non- Resident or Commercial: $300.00 /day - Friday - Sunday
County Resident: $100.00 /da -Frida - Sunday
Non- Profit; 50.00 /day - Friday- Sunday
ADDITIONAL CHARGES:
r ,50 cents per seat sold per day (see FAS section of manual)
1 staff at $250/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
$200.00 /day- Monday - Thursday
$50.00 /day- Monday - Thursday
$25.00 /day - Monday - Thursday
DAMAGE DEPOSIT- no alcohol / alcohol served-or sold- $250 / $500
ADDITIONAL CHARGES
# of low demand days x DAILY FEE $
# of high demand days x DAILY FEE $,5 (D
#seats sold
#staff/hrs.
$ /day
#hookups
#hookups
$75.00 /day
$100.00 /day
$5.00 /can
$5.00 /stall/day
$25.00/hr.
TOTAL $`�_
TOTAL $
TOTAL $
D
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to commencement of Akease Agreement. Insurance may be available through CTSI's Tenant
User Liability Insurance Program (TULIP), clo J& HMarsh & McLennan at 1- 800 - 241 -2610.
X A.
General Liabift 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.
i'
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
mum amount of $150,000 per injury and $600,000 per occurrence.
Proof of Insurance attached? .................. ............................... YES
Host Liquor Liability and/or Liquor Lenal uoliev required? ....................... YES
..................... YES
O
NO
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.
E. 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
f + ; alcoholic beverages includes indirect sale, for example by cover charge, single -price admission,
5
I
E donations or tips. #'' Fe contact the Eagle County Clerk and Recorder's office for more
f . information. Check the applicable category below:
Initials
here;
0 Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private
ply.
O Lessee' requests to sell alcohol, or charge admission to or receive donations in
ennneetinn with an event where Annhnl is rmrnvitiPri nn the FaalP ('nnn4v
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 schedules
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.
,. I3 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 Sheriffs Department.
h,
, S curity required? .. ...................... ............................ YES NO
Proof of security provided? .................... ............................... YES NO
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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
i
day following the end�f i
the lease. Keys must be returned to le 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 mO not assign all or any part of this Lease without the express, written consent of County,
w
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! j' The written Lease embodies the whole agreement between the parties hereto. There are no
' inducements romises terms, conditions, or obligations made or entered into b either the
'p Y
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.
PAIIIII
M
THE COUNTY- COUNTY OF EAGLE, STATE OF COLORADO
by and through
L.E. Williams, Jr.
Director Eagle County Fair& Rodeo
►q Public
LESSEE
`411 P,
.Q
ame
Nancy Terri
STATE OF COLORADO
ass
County of Eagle
',The foFeaoine was acimawledeed before me this day of JA .2008
►q Public
My commission expires:
`411 P,
My commission expires:
