HomeMy WebLinkAboutC04-228 Maria Guerra~ v'~ - a~~~ ~ ~
LEASE AGREEMENT
between The County of Eagle, State of Colorado
and Maria Guerra
This LEASE made and entered into this _ day of _ _, 2004, 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, -Maria Guerra (hereinafter referred to as "Lessee").
Business Name (Lessee): _
Contact Name: Maria Guerra
Address: P.O. Box 3361 Avon, CO 81620
Business phone #: Home Phone #: _926-2508
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, Maria Guerra ,represents that he/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:
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.
^ Cancellation Provision applies.
2. PURPOSE -Lessee's use of the leased premises is solely for:
-Wedding
1
Estimated number of persons attending: _. Estimate 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 /Non -Resident
X County Resident
^ 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
10:00 a.m. on
Other facilities high use days- 7:00 a.m. to 12:00 p.m. on
Other facilities low use days- 7:00 a.m. to 10:00 p.m. on
Term for multiple date lease shall be:
7/3 , 2004, to
7/4 , 2004.
2004.
2004.
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. If serving alcohol you must contact the Clerk & Recorders Office).
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 thirty (30)
days prior to the event for the Arena and Grandstands. Events in the Arena and Grandstands
must be reserved no less than sixt (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 sixt (60) days prior to a reserved event shall receive a full refund of damage deposit
2
and fees paid. Events canceled less than six (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 (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.
Exhibit(s) indicating facilities, damage deposits and fees attached? ..................................... YES NO
Check all that apply:
a a Fee Damage Deposit
Parking Lots Included with Lease
Pro-rodeo Arena And Grandstands Exhibit A
Exhibit Hall /North Lawn 100.00 500.00 Exhibit B
Livestock Barn (Indoor Arena) Exhibit C
West Parking Lot NIA Exhibit D
Horse Stalls/East Parking Lot N/A Exhibit E
North Lawn/Picnic Area Exhibit F
Events Office Exhibit G
Warm-Up/Practice Arena (Outdoor Arena) N/A Exhibit H
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: _100.00 500.00_
TOTAL AMOUNT DUE :................................................................................................600.00
Minus one-half damage deposit due :....................................................................250.00
Balance due after one-half damage deposit received :......................................... 350.00
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Damage Deposit Date Due:
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.
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.
1. 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 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 guest's 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 the Lease Agreement. Insurance may be available through
4
CTSI s Tenant User Liability Insurance Program (TULIP), c% J & H Marsh & McLennan at 1-
800-241-2610.
X 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. Host Liquor Liability Insurance shall be
carried in the minimum amount of $150,000n per injury and $600,000 per
occurrence.
^ C. Liquor Leal Liability is required for any event in which beer or alcoholic
beverages are being served. 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? ................................................................................................... NO
Host Liquor Liability and/or Liquor Legal policy required? ................................................ YE
Proof of Host Liquor and/or Liquor Legal Liability attached? ............................................. O
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 maybe 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 bynon-profit organizations recognized by the State of Colorado.
Lessee acknowledges that the "sale" of the beer and alcoholic beverages includes indirect
sale, for example by cover charge, single -price admission, donations or tips. Please
contact the eagle County Clerk and Recorder's office for more information. Check the
applicable category below:
5
Initials
here:
!~~ X Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private
p~Y•
^ 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.
^ Lessee shall not serve or consume alcohol on the premises.
Proof of special events liquor license received? ....................................................................... ~ l'S~y~
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) .................. luniformed personnel
100 to 200 in attendance ..................... luniformed 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? .................................................................................................................... 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
6
requirements have been met. The key must be returned to the county no later than the first
business day following the end of 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. MISCELLANEOUS -
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 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. 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 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.
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THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO
by and through
` Brad Higgins ` `~
Director Eagle County Fair & Rodeo
LESSEE
Name, Title~`~C~ ~.~-c ~ ,_,,~. ~-~~ ~ ~ ~
STATE OF COLORADO
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County of Eagle
The foregoing was acknowledged before me this day of 2004,
by ~ My commission expires: .~ ~d ~ f a o ~ y
Notary blic
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Jun 28 04 04:28p Rick Rdams 970-949-1918 p,2
I.o~.e Star
Security & Safety Services
pp Bo: t528~Va0, Colorado E1658
I'hopc (970) 949-191&Eaz (970) 926-3347
Cdl plwne (970) 390-5510
AGREEMENT
WHEREAS, Lone Star Security & Safety Servicees, has offered to perform concert security services, and alcohol perimeter control for
Maria Guerra.
WHEREAS, the undersigned, has agreed to employ Lone Star Security & Safety Services to perform the services explained herein,
and by it's signaturebelow ar signature of it's authorized agent hereby accepts the terms of this o$'es, now therefore.
IT IS HEREBY AGREED between the parties that Lone Star Security & Safety Services on the 3"d day of July 2004 will provide
services for the below signer between the hours of 6pmt and 12midnigbt at the designated location in Eagle, Colorado. Lone Star
Security 8t Safety Services will provide2security officers for alcohol perimeter control and crowd control on. The type of engagement
for security services to be provided by Lone Star Security 8t Safety Services shall be as follows: wedding reception. The wage and/or
cost for services will be $28 per officer per hour for a total of 12 man-hours or $336.()(3. Should the event(s) be cancelled less than 15
days from start date, all or a portion of deposit may be retained by Lone Star Security & Safety Services to cover auy incurred costs.
I1' IS FURTHER AGREED that the above scheduled event shall take place at the designated establishment in Eagle, Colorado.
IT IS FURTHER AGREED between the parties that unless after accepting this Agreement this Agreement is canceled by Maria
Guerra 15 days prior to the event date, a 50%or $168.00 cancellation fee will be paid to Lone Star Security & Safety Services at the
above address no titer than 5 business days after event date.
IT IS FURTHER AGREED and intended by both parties that the terms and conditions asset forth herein are the total terms and
conditions of the Agreemelri and that they shalt be binding upon both parties and interpreted under the laws of the State of Colorado
that any additional terlnsy conditions, modifications not expressly stipulated herein shalt be null and of no force and effect unless said
stipulation or additional temts or conditions shall be in writing attached hereto and e: ~ecuted with the same authority as this document
We the undersigned do agree to accept the terms and conditions of this offer made by Lone Star Security & Safety Services.
NOTE: PLEASE READ ALL TERMS AND CONpTTIONS OF AGREEMENT PRIOR TO SIGNING
Lone Star Security & Safety Services: Date: ~/
Maria Guerra. Date.
JUN-2B-2004 MON 16:21 TEL: 19703283546 NAME: EAGLE CO RD&BR P. 2
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JUN-29-20B4 TUE 14:46 TEL:197B32B3546 NAME: EAGLE CO RD&BR P. 2
EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS
Plat and Resolution Consent Agenda
July 13, 2004
LIST OF PLATS TO BE SIGNED:
SMB-00338, Horizon Pass Townhomes, a Re-subdivision of Tract Y-2 and Y-3,
Bachelor Gulch Village Subdivision, Filing 3. A Minor Type B subdivision, the
purpose of which is to re-subdivide Tracts Y-2 and Y-3 of Bachelor Gulch Village Filing
3, (Arrowhead at Vail PUD) creating 9 townhome lots and associated utility, sewer,
skyway and drainage easements.
AFP-00189, Beaver Creek Subdivision, Filing 2, Tract L, Lots 14B and 14C. An
Amended Final Plat, the purpose of which is to adjust the building envelope on Lot 14B,
Beaver Creek, Filing 2, Tract L, and correspondingly change the lot line between Lots
14B and 14C on this previously subdivided duplex lot. The size of the envelope on Lot
14B would remain the same.
LIST OF RESOLUTIONS TO BE SIGNED:
A Resolution Approving the Zone Change for the Eaton Ranch (Eagle County File
No. ZC-00067). The Board considered the Applicant's request on July 6t , 2004
A Resolution Approving a Special Use Permit for the Sprint at Trinity Baptist
Church Low Power Wireless Telecommunications Facility. (Eagle County File No.
ZS-00117). The Board considered this proposal on June 15 , 2004.
