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HomeMy WebLinkAboutC04-110 Eagle Valley Roping Club• • ~ -ear ~.~tO LEASE AGREEMENT between The County of Eagle, State of Colorado and Eagle Valley Roping Club 2G~ This LEASE made and entered into this ~ day of ~14t~ , 2004, by and between the of County Commissioners of the County of Eagle, State of Colorado, a body corporate and (hereinafter referred to as the "County") and, (hereinafter referred to as "Les: Business Name (Lessee): Eagle Valley Roping Club Contact Name: ~s~ 1~o~ro ~~Z Address: _P.O. Box 1974 ~ ~~'~~~ ~~~~~ Business phone #: Home Phone #: ~~~/ ~ 9A6 WHEREAS, the County represents it is duly authorized to enter into this Lease Agreement Sections 30-11-101, 30-11-107, and 10-11-103, C.R.S., as amended. WHEREAS, ~~~' 1~o~ro ~K~ ,represents that he/she is duly authorized to enter into this Agreement on behalf of the Lessee for its intended purposes. THAT, in consideration of the mutual promises, covenants, and conditions contained herein, the hereto agree hereby as follows: 1. SCOPE -The County does hereby lease to the Lessee the following premises, as ind marked under paragraph six below, situated within the Eagle County Fairgrounds County of Eagle, State of Colorado, hereinafter referred to as the "leased premises". Cancellation Provision- Lessees reserving multiple dates hereby agree that the County the right to cancel reserved dates for use of the facilities giving seven (7) days advance Lessee. Check whether or not cancellation provision applies below: ^ Cancellation Provision does not apply. X Cancellation Provision applies. 2. PURPOSE -Lessee's use of the leased premises is solely for: _Team Roping ~Ib-~O to and to 1 • Estimated number of persons attending: _25_. Estimate as accurately as possible. N TE: Lessee may forfeit any damage deposits made if the number of persons attending the ev nt 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 exhibitors must provide a building and site event layout plan for approval. 3. FEE CATEGORIES -Refer to the Eagle County Fairgrounds Policies and Procedures for criteria. Check applicable use category below: ^ Commercial /Non -Resident X County Resident ^ Non-Profit 4. PERIOD OF AGREEMENT -The term of this lease shall be, check category: Month /Day ^ Exhibit Hall- 10:00 a.m. on , 200 to 10:00 a.m. on , 200 . ^ Other facilities high use days- 7:00 a.m. to 12:00 p.m. on , 200 . ^ Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 200 . ^ Term for multiple date lease shall be: May 3, 2004 -September 30, 2004 The le se is only for the previously designated Tuesdays, Thursdays and Sunday of each mo th. 5. LICENSES /PERMITS -Prior to the Lessee's event at the leased premises, Lessee shall o t any and all licenses, permits and/or inspections as may be required by law, (food vendors contact the Eagle County Community Development Department- Environmental ea Division for requirements. If serving alcohol you must contact the Clerk & Recorders Offic ). 6. RENTAL FEES AND DAMAGE DEPOSITS -Lessee must pay one-half of the req fired damage deposit to reserve the leased premises on the requested date(s). The balance o the damage deposit and fee is due and payable fourteen (14) days prior to the event and t~ (30) days prior to the event for the Arena and Grandstands. Events in the Arena and Grands ands must be reserved no less than six (60) days prior to the event. Failure to pay the age deposit and fee, as required, prior to the event will result in the loss of the lease. A cancell tion fee of $25 will be withheld from the initial damage deposit if the event is canceled wi two weeks of the event. Cancellation policy for the Arena and Grandstands- Events c more than six (60) days prior to a reserved event shall receive a full refund of damage 2 ~ i and fees paid. Events canceled less than si (60) days prior to a reserved event shall 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 F and attached hereto. If the Lessee requires additional services, subsequent to signing the the Lessee agrees to execute an additional services form indicating the services required a amounts to be paid. Lessee agrees to pay for additional services within thin (30) days of event ends. The damage deposit and fee for an event will vary depending on the facilities selected, the the week used, the use category into which the user falls and whether or not alcohol is cons Lessee agrees to pay the County the following rental fees and damage deposits for 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 Check all that apply: B Pazking Lots Included with Lease Pro-rodeo Arena And Grandstands Exhibit Hall /North Lawn Livestock Barn (Indoor Arena) West Pazking Lot Horse Sta11s/East Parking Lot North Lawn/Picnic Area Events Office Warm-Up/Practice Arena (Outdoor Arena) Concession Stand a Fee Damage Deposit 500.00 Exhibit A Exhibit B Exhibit C N/A Exhibit D N/A Exhibit E Exhibit F Exhibit G N/A Exhibit H 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: 500.00 TOTAL AMOUNT DUE :.............................................................................................. 500.00 Minus one-half damage deposit due :.......................................................................... n/a Balance due after one-half damage deposit received:......... .....:.......................... 500.00 the the of each NO 3 • i CTSI's Tenant User Liability Insurance Program (TULIP), c% J & H Marsh & McLennan 800-241-2610. X A. at 1- General Liability Coverage shall be carried in the minimum amount of $15 ,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 ~ jury, death, property damage, and other damages imposed by law upon the p ies hereto. ^ B. Host Liquor Liability Insurance is required for any event in which be or alcoholic beverages are being served. Host Liquor Liability Insurance sh 1 be carried in the minimum amount of $150,000n per injury and $600,00 per occurrence. ^ C. Liquor Legal Liability is required for any event in which beer or alc olic beverages are being served. Liquor Legal Liability Insurance shall be carri d in the minimum amount of $150,000 per injury and $600,000 per occurrence. Proof of Insurance attached? .................................................................................................... YES I NO Host Liquor Liability and/or Liquor Legal policy required? ................................................ Proof of Host Liquor and/or Liquor Legal Liability attached? ............................................. 10. INDEMNIFICATION - A. Lessee agrees to hold the County harmless and assume full responsibility for all cl~ asserted against the County by third parties arising out of Lessee's activities on the premises. B. Lessee agrees the leased premises shall not be used for any purpose which would re 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 maybe served inside the Exhibit Hall, u connection with a private party, without a liquor license. ANY Lessee requesting to liquor must procure a valid special events liquor license. Special events liquor licen may only be obtained by non-profit organizations recognized by the State of Colorac Lessee acknowledges that the "sale" of the beer and alcoholic beverages includes ini sale, for example by cover charge, single -price admission, donations or tips. Pleas contact the eagle County Clerk and Recorder's office for more information. Check 1 applicable category below: ~. 5 • • Damage Deposit Date Due: '~a6~a~ Date Received: ~D~ Balance of Damage Deposit and Fees Date Due: N ~ Date received: (~~0`'~ 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, I and an authorized representative of the County shall inspect the leased premises, and shall ake written note of any damaged or unclean property, (for the Exhibit Hall only there will ben pre- event inspection, lessee accepts the facility as-is). At the tenmination of the Lease the Co ty's representative shall make apost-event walk through. If the premises are left in a clean, usable and undamaged condition, the damage deposit 11 be refunded in full to the Lessee within approximately four (4) weeks. If Lessee fails to cle the leased premises to the satisfaction of the County, or if the leased premises incur any d age during the Lessee's occupancy, all cleaning and damage expenses incurred by Eagle C unty shall be deducted from the damage deposit. In the event that the damage deposit does not over the damage, the excess cleaning and damage expenses shall be charged to Lessee who shal pay that excess within thirty (30) days of billing. Lessee agrees to comply with the facility cle g procedures contained in the Eagle County Fairgrounds Policies and Procedures Manual. ^ Concessionaire and Housekeeping supplemental agreement required. 1. RULES AND REGULATIONS -Lessee agrees to abide by the Eagle County Fairg Rules and Regulations as set forth in the "Eagle County Fairgrounds Policies and Prod Manual- Rules and Regulations", attached hereto and made a part hereof by this refs Lessee is responsible for enforcing the Rules and Regulations during its event and with all and participants. 9. INSURANCE FOR EVENTS -The County requires all Lessees to purchase and ma insurance as described below under paragraphs A, B & C, insuring against all claims, dan losses or expenses arising out of or resulting from the use of the leased premises. The C does not provide Lessees or their guest's insurance protection. Insurance certificates shall Eagle County as an "Additional Insured". Lessee agrees to provide the County with a Certi of Insurance acceptable to the County, naming Eagle County as an "Additional Insured" fog (14) days prior to commencement of the Lease Agreement. Insurance nzay be available th 4 • Initials here• ~~ ^ Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a party. ^ Lessee requests sell alcohol, or charge admission to our 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? ....................................................................... Y~,~ 12. SECURITY -All events where alcohol is served, consumed or sold shall provide sec Events where attendance is greater than 150 persons in attendance shall provide security 1 upon the following schedule: 0 to 100 in attendance (required only if alcohol served) .................. luniformed pf 100 to 200 in attendance ..................... luniformed personnel for no alcohol, 2 for 200 to 500 in attendance ................................................................... 3 uniformed pE 500 to 1000 in attendance ..................................................:.............. 4 uniformed pf more than 1000 in attendance ................................................................................... 5 uniformed pE plus one additional uniformed personnel for each additiona11000 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 e Security must be arranged through a bonded security firm or the Eagle County Sheriff s Department. Security required? ...................................................................................................................... Proof of security provided? ....................................................................................................... 13. KEY CHECKOUT/RETURN -Lessee shall obtain a key to the leased premises wi 48 hours of the event after the fees and damage deposits have been paid in full to the county; roof of insurance has been submitted; proof of required security has been submitted and any ther 6 s ~ requirements have been met. The key must be returned to the county no later than th first business day following the end of the lease. Keys must be returned to the Fairgrounds Offi a at: 1400 Fairgrounds Road, Eagle, CO. If the key is not returned within 48 hours after the d of the event, a lost key fee of $50.00 will be withheld from the damage deposit. 14. LESSEE'S DUTIES- Lessee is responsible for any and all damages to leased pre 'ses. Leased premises are to be left in a clean, usable and undamaged condition. If Lessee f 'ls to clean the leased premises to the satisfaction of the County, or if the leased premises incur any damages during the Lessee's occupancy, excluding normal wear and tea, all cleanin and damage expenses incurred by the damage, the excess cleaning and repair of damage costs incurred by the County as a result of Lessee's occupancy of the leased premises. Lessee will maintain the facility by cleaning pen areas and removing manure from the Fairgrounds site. Lessee is responsible for all feeding, watering and general care of all livestock kept at t e Fairgrounds site. Lessee shall have no more than twenty (20) steers on site. No other livestock shall be k pt site. Lessee may bring in horses for each event. Horses shall not be kept on site. Horse trail rs may be parked east of the livestock barn in designated areas only, off internal roads, o in parking lot. 15. MISCELLANEOUS - Lessee may not assign all or any part of this Lease without the express, written copse t of County, which consent County may grant or deny in its sole discretion. County's consent t any such assignment does not constitute its agreement to consent to any other assignment. ess County's written consent to an assignment expressly states to the contrary, Lessee's assi ent of all or any part of this Lease does not relieve Lessee from liability for the performance fall 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, durin and after the scheduled event. The County shall have the right to cancel any event, wi out notice, or to stop any event in progress should the County determine that the sec ty or life-safety of the lessee and/or attendees is in jeopardy or if the County deem the facilities necessary for a public emergency. B. No modification or waiver of this Lease or of any covenant, condition, or herein contained shall be valid unless agreed to in writing by all parties. 7 `~ ~ • C. The written Lease embodies the whole agreement between the parties hereto. The a are no inducements, promises, terms, conditions, or obligations made or entered in o 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 shall be held invalid by a court of competent jurisdiction, this Lease shall be interl 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 an~ or all of lessee's damage deposit. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement. One original be kept on file with the County and one copy will be delivered to Lessee. 8 THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through Brad Higguys~" ' Director Eagle County Fair & Rodeo LESSEE Name, Title: (/~ GG ~~~5~ cl~~ STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this ~~ day of `~'/G~~~.2004, ~J~ by ~ 0 ~ My commission expires: "` Notary Pu ®~~; .• ~: °~s ~` ~, a~®oatl 9