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HomeMy WebLinkAboutC04-156 Alpine Activities and Games, LLC~-. ~,D c~- 1 5 ~ - Z Z MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDER5TANDIT~TG (hereinafter referred to as the "MOU") is made and entered into this day of May 2004, by and between ALPINE ACTIVITIES AND GAMES, LLC, P.O. Box 251, Woody Creek, CO 81656 (hereinafter "Alpine Activities") and THE COUNTY OF EAGLE, STATE OF COLORADO acting by and through its Board of County Commissioners (hereinafter referred to as the "County"). WITNESSETI~ . WHEREAS, the County agrees to permit Alpine Activities to donate use of an inflatable air castle for use at the Summer Activities Fair in El Jebel, Colorado (hereinafter "Fair") to be held on Wednesday, May 12, 2004 from 3:30 to 7:30 p.m.; and WHEREAS, Alpine Activities agrees to designate employees of Alpine Activities to set up the air castle, supervise and facilitate use of the air castle and dismantle the air castle immediately upon conclusion of the Fair; and WHEREAS, this MOU provides rules and guidance pursuant to which County will permit Alpine Activities to use the air castle at the Fair; NOW THEREFORE, based upon the representations by the parties set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, Alpine Activities and the County agree to the following: Recitals. The recitals set forth above constitute a material part of this MOU. 2. Procedures. Eagle County will authorize the use of an area at the Fair for Alpine Activities to set up and use the air castle in a safe and orderly fashion. Alpine Activities agrees to dismantle the air castle immediately upon conclusion of the Fair so as not to create a hazard or danger. 3. Required Additional Needs. Eagle County agrees to permit Alpine Engineers to utilize an electrical outlet to facilitate use of the air castle. 4. Terms of the Agreement. This MOU shall remain in effect from commencement to conclusion of the Summer Activities Fair which is scheduled on Wednesday, May 12, 2004 from 3:30 to 7:30 p.m.. 5. Modification. The parties hereby agree that this document contains the entire agreement between the parties and this MOU shall not be modified, changed, altered, or amended in any way except through a written amendment. Any amendment or modification of this document will not take affect until signed by all the parties hereto. 6. Alterations. The parties agree that site alterations maybe made for minor adjustments to the general operation area in order to accommodate appropriate and safe use of the air castle. 7. Insurance. Alpine Activities shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise, or in connection with Alpine Activities' operation and use of the air castle. All insurance policies shall name the County as an additional insured. The bodily and personal injury limits of such policies shall be no less than the statutory limitations as defined in the Colorado Governmental Immunity Act, Section 24-10-114, C.R.S., with an amount of $1,000,000 per occurrence and $3,000,000, in the .Y.ggregate, or such other amounts as provided bylaw. Liability and Indemnification. To the extent permitted by law, Alpine Activities shall indemnify, defend and hold the County, its officials, boards, officers, principals, agents and employees harmless from and against any and all claims and expenses, including reasonable attorney's fees, arising from Alpine Activities' use of the air castle or any other activities conducted by Alpine Activities, their officers, principals, agents or employees in performance of this Agreement. Both parties agree that County is relying on, and does not waive or intend to waive, the monetary limitations, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, CRS ' 24-10-101, et seq., as from time-to-time amended or as otherwise available to County, its commissioners, officers, agents and employees, all of which rights, immunities and protections County expressly retains. 9. Governing Law. This Agreement shall be governed, construed, and interpreted by, through and under the Laws of the State of Colorado. 10. Severability. If any provision of this MOU or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this MOU nor the application of the provision to other persons entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent provided bylaw. •, -• IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: of ~t ~F ca BOARD OF COUNTY COMMISSIONERS ~, * e >y ~ ~ ~ ~ By: Clerk to the Board o Tom C. Stone, hairman County Commissioners ALPINE ACTIVITIES AND GAMES, LLC By: Harve Hoff, Owner FROM U~y-li-~~A04 96.3Gzn Frum- '+. ;: ~. FAX N0. :9709275066 lay. 11 2004 07:05PM P4 T-ray P,oaa~ooa F-asr WITril$$S ~W~ERLO~', the duly aut3~orizcd rel~reacti~tatives of the parries hcrcto l~~.ve excecuCed this q~reemsnt as of the d2~.y and year first above wri1Lg1. A'T"fEST: Clerk to the Board of County Conunissioners CpU~TY OF E,4GLE, STATE OF COLORADO, By and Throug,~ Tte BOARD OF C01,7NTY' COMIVQSS]ONERS By: Tom C. Su~r~e, Chairman ALpLNE AG'" 1VY7~ES AND GAMES, ~,C By: I~ '!-luff'.Ovvn~' 3