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HomeMy WebLinkAboutC04-263 Maggie Casias (,(;tf,- ,2b?J -CoD LEASE AGREEMENT between The County of Eagle, State of Colorado and_ Maggie Casias_ This LEASE made and entered into this -'.Q 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, _Maggie Casias_(hereinafter referred to as "Lessee"). Business Name (Lessee): Contact Name: Address: Business phone #: _Maggie Casias _P.O. Box 9075 Avon, CO 81620_ Home Phone #: 748-1236 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, ->1aggie Casias-, 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. o Cancellation Provision applies. 2. PURPOSE -Lessee's use of the leased premises is solely for: _Wedding 1 Estimated number of persons attending: _214_. 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. o 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. o X o Commercial/Non - Resident County Resident Non-Profit PERIOD OF AGREEMENT - The term of this lease shall be, check applicable category: X Exhibit Hall- 10:00 a.m. on '1/(;/ 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: 2004, to 2004. . 2004. , 2004. o o o 5. LICENSES I 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 tmtlY (30) days prior to the event for the Arena and Grandstands. Events in the Arena and Grandstands must be reserved no less than sixty (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 2 more than ~ (60) days prior to a reserved event shall receive a full refund of damage deposit and fees paid. Events canceled less than sixty (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 tmtlY (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: BB D D Fee Damage Deposit Parking Lots Included with Lease Pro-rodeo Arena And Grandstands Exhibit Hall/North Lawn 100.00 Livestock Barn (Indoor Arena) West Parking Lot N/ A Horse Stalls/East Parking Lot N/ A North LawnlPicnic Area Events Office Warm-Up/Practice Arena (Outdoor Arena) N/A Concession Stand Exhibit A 500.00 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G 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: _100.00 _500.00_ 3 TOTAL AMOUNT DUE:................ ............... ....... ...... ................... .............................. ...600.00 Minus one-half damage deposit due: ............................ ...... ............ .................._350.00 Balance due after one-half damage deposit received:.................................................... Damage Deposit Date Due: Date Received: Balance of Damage Deposit and Fees Date Due: Date received: Educational Event Fee Waiver Applies Facilities Admission Surcharge (F AS) Applies *Please make checks payable to Eagle County. 7/25/2004 7/20/2004 8/9/2004 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. 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. o 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 4 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 CTSI's Tenant User Liability Insurance Program (TUUP), c/o 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. o 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 $150,0000 per injury and $600,000 per occurrence. Liquor Legal Liabilitv 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? ................................................~~ Proof of Host Liquor and/or Liquor Legal Liability attached? .........................................~ .A<<> o C. 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 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 the beer and alcoholic beverages includes indirect 5 sale, for eX;)1"'" "("wer charge, single-price admission, donations or tips. Please contact the e 'II :y Clerk 2';d Recorder's office for more information. Check the applicable C " 'I\\,: Initials here: YY\ G.-- x Lesspc lWi! I('e1 S to serve and consume alcohol inside the Exhibit Hall, for a private fe"-t:" o Lese" coni' '( Fair:::'- c~' , "el1 Cl1coh01, or charge admission to our receive donations in \';1 an event where alcohol is provided, on the Eagle County , i'Tmiscs; a valid special events liquor license is required. o Less'~'~ el, ., 1"" ,,('rVe or consume alcohol on the premises. ,. .. C lwe; "cd? ..................... .................. ........., .....................# Proof of special events 1i1:'" 12. SECURITY - A 1: Events where attell' 'I:' upon the followin" <cr' o to 100 ;" :," 1 00 to 2 1)11 I - , 200 to ~(;') ; , . 500 to 10(j(1 more than 1000 in atten(:1' plus one ;'d' o Events ",,"I, ::' When requiren, 1~" ,'- security for eVt." 0 provider, to tl1e 1- Security must 1-,: Department. Security required? ........... Proof of security pro";('ll - ,,"pre ::11('oh01 is served, consumed or sold shall provide security. is :J'-atcr than 150 persons in attendance shall provide security based \?: - ',' ("('(1qj1'f'ct on1yifalcohol served) ..................1 uniformed personnel - 'c: ..................... 1 uniformed personnel for no alcohol, 2 for alcohol -'e............. ...................................................... 3 uniformed personnel !Il '-'r:e .................................................................4 uniformed personnel ...................... .................................................. 5 uniformed personnel : "1"1'lI.:'.1 personnel for each additional 1000 attendees. ,. ... "'.' ;'1 2ttennance require EMT service on-site. , 'S :+nve, Lessee shall provide at its sole expense uniformed : : '1 l' r(' \' ide a written, signed confirmation, from the security '-, t ., t D ep a 11ment no less than seven (7) days prior to the event. '- :, "onded security firm or the Eagle County Sheriff's ........................ ..................................................................~ NO .................. ......... .............................................................~NO 6 13. KEY CHECKOUT hours of the evcnt: " of insurance has b'.'."1 ' requirements have 1,C business day fc 110\, ' 1400 Fairgrolll'(,~S r the event, a lost key , 14. MISCELLAl'lr:C" Lessee may Jl"t :" County, which ,'1 ' such assignmc'" ! County's writLl Cr of all or any p::rt (" duties and obli:':l ',. A. Lessee 511:,1 after t1, notice, ' " , life-s:l :' facilitic B. No mo<'i ;', herein en1" C. The w1': no incl' either t' D. All agr"-:'ll shall be j. asifsll' E. If lesse' all of 1" IN WITNESS WHER~r be kept on file with th, , !' R.:'T - Lessee shall obtain a key to the leased premises within 48 "c, :lnd damage deposits have been paid in full to the county; proof ::tcd; proof of required security has been submitted and any other " The key must be returned to the county no later than the first 'r! of the lease. Keys must be returned to the Fairgrounds Office at: 'c, CO. If the key is not returned within 48 hours after the end of I "0.00 will be withheld from the damage deposit. ,]' :l"Y 1"C1rt of this Lease without the express, written consent of " Ill':' < ""111t or deny in its sole discretion. County's consent to any , C': ; 1 , ' t.? i t ~ a greement to consent to any other assignment. Unless 'I :1c:si~"ment expressly states to the contrary, Lessee's assignment 'c docs !lot relieve Lessee from liability for the performance of all , ' .T;~'1'l11cd by the lessee by the terms of this Lease. " Ihe ('011'1ty to have access to the leased premises before, during, and ''lL ^;hc County shall have the right to cancel any event, without ",'" 'n l'rogrcss should the County determine that the security or lL/!~r :lttendees is in jeopardy or if the County deems the b'; I~ emergency. " \\,' "''?1' (~f this Lease or of any covenant, condition, or provision '11] 1'1' ":, h11111 less agreed to in writing by all parties. 'l'e::: 11,e whole agreement between the parties hereto. There are '. "']'1l1S, conditions, or obligations made or entered into by .? I" 'lC1' thm1 those contained herein. '"" '1;,!,:" herein are severable, and in the event that any of them 1 by :' C"" "t 0 f competent jurisdiction, this Lease shall be interpreted ,.?]' .t I " covenant were not contained herein. - ' '. c I crm s 0 f 1 ease, the County reserves the right to hold any or ':: t. , '" L "'cto hC1ve executed this Lease Agreement. One original shall " "V ".rill be delivered to Lessee. 7 13. KEY CHECKOUTIRETURN - 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 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. 7 THE C( "" rOU0JTY OF EAGLE, STATE OF COLORADO by and through .~.A:f - -~ Brad Higgin:j/7y "\:!'ector E~lgle County Fair & Rodeo LESSEE Name, Title: -II1r (l ~./L'~ STATE OF COLORADO ) )ss County of Eagle ) by -ru:--B~ Notary P . c ! 0 day of a~d 2004, Myco~~~~res: ~b'16{)o~ 2lo~~~~CZ;~ . , #- ,..... ........... "T~~ .. ~~-.. -. ""; t.: ~ ~ ..- .', 0 \ .. ~ .. OT"" '", ~ 'r. I":'l" ....,--.. -. r \ !: .... : i ,all...... ~CJ8L\CllRi ,-.A -. .-.:' ~ ~ "'Ji... ....&..... .i iG>~ 1JO..........~Ov...~Oj; ~"'1. F CO... ~,........ """"""""",' The foregoing W8S ;,,01 . "lerlged before me this 8 AUG/02/2004/MON 03:11 ?M MARSH FAX No. 3J330849CO P. 003 PRODUC~ MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534. ,.,,'f*"'~~~'''' -CJ;R'nFlCATE NUtlBEIt SEA-QOO7S5690-01 1lfIS CERTIl'ICAlE IS 1$$\Ia) AS A MA'T'I'EIl OF INFORMATION 01111.." AND CONFER$ NO RIGHTS UPON THE ~F1GATE HOLDER OTHER THAN THOSE PIl,OVlgEO IN THE POUCY. THIS CERTIFICATE DOQ NOT AMEND, EXTEND ok ALTER THE COVSRAGE AFfORDl!D BY TNS POLICIES DESCMlSJ H&RBN.. COMf;lANIES AFFORDING COVERAGE 74XX -TUlIP-00001-o3lO4 CONPIINY A CLARENDON NATIONAL INSURANCE COMPANY INSURED CAPP 800 GRANT STREET..sUITE 400 DENVER, CO 80203 COMPANY B COMPANY C COMPANY D m-t..-':" . 'THIS IS 10 CERTIFY THAT POUOlES OF INSURANCE bESCRJB8) WERSlIII HAVl: BEEN ISSUED TO 'I'HE INSlRED NAMED HEREIN FOR 'THE POUCV PERIOD INDICATED.. NOTV\IITHS'l'AtlrDlNG ANY REQUJREMEN'J'. 'fERM OR CONDITION OF ANY CONTIU,CT OA O'rHER DOClJM&NT wn1i RESPECT TO 1MllCH THE CERTIACATe MAY BE ISSI,/a;l 0I't MAY PERTAIN, THE INSURANCE AFFORI:ED BY '!HE POUCIES DESCRIBED HeREIN IS SUBJEcr 10 AlL THE TERMS. COHllTlOPfS AND EXCLlJSIOIIIS OF SUCH I'OUCIES. AGG~TE UMITS SHOWN MAYt!AVEBEEN REDUCl!D BY PAID CI.AIMl? ' co LTR "I"I'PE OF INSURANCE POI.lCY NUMaER "'OUCY EFFECTIVE POUCY EXPIJlAT/ON DAlE (MMlDDlYY) DAlE (MMlDDlYY) UMITS GENERALUABIlJ1V A X COM~C1ALGENSW.LIABIlJ1Y EGL.OOD98(I..()1 X ClAlMS MADE , 0 OCOIJJ'{ 0WNE1'l'S & (X)N'TAAC'rOR'S PROT Q7/01/04 07101105 COMBII\lED SINGLE lIMIT $ $ $ $ $ $ $ 1,000,000 1,000,000 1,DOO,ooO 50,000 AUTOMOBlLll UABlUTY Attf AUTO ' AILOWNEDAUT08 SCHe)1J),Bl AUTOS lURED AUTOS NOw.oWNEDAU'I'OS ',:' BODILY INJURY (PsI' ~) $ SODIl.Y INJURY (Per IIOtident) $ PROI'ERTY DAMAGE $ 1lfEPROPRlETORI PARTNEIlSIEXECUT/IIE OFI'1CERs ARE: . 01 AlJrO ONLY. E4ACOIc8IIT 011lER 11lAN AUTO ONLY; DeNT AGGREGIlTE EACH OCCURRENcE AGGREGAn; ! GAR/lGE UAalUTY PH'( .AUTO i3XCESS lJAIIJlJTY , DESCRIPTION OF O~TfONSILOCATIONSlWHIt:U!S/$PIiCIAL ITEMS , !ha CerlIffQClte Holder and Eagle County ~ named as additional insure,d's with regards to the Wedding to be held On August 14. 2004. liquor Liability is m~~~ " , Ms. Maggie casias P .0, Box 9075 Avon, CO 81620 8HOUW #NY OF 1Hl! I>OJ.lCll!S DE:;CJllJ!ED IlERI!IN BE CANcEI.lED ~EPORE 'l'HE _mAllON bATE l1leREClJ'. ,THE INBUIWl APl'CRDIN13 CD1IER:'GE WDJ. ENDEA1IDR TO MAIL --30 DAVS; InIRrrTEN IIlDTII;ll TO '11m DERnF1~TI!! ttOUlBl NAIlED Ij~, BUT fAlLlRli TO Nl\lL &lOll Nonee $K.w. INPOSE NO QBuGAoTIDl'l OR I.fAlJlLITY OF ANY KIND UI'ON 'mE IN&URER AffOIlIJING COVSWZli.ITS ~ 011 RliPRE9llN'r",lVES. OR THII. IS5uEIl OFTHI!lCER'IIl'IeATE. USA I c:. BY: Dorothy A. Stevens AUG-2-2004 MON 15:03 TEL: 19703283546 NAME:EAGLE CO RD&8R P. 3 AUG-10-04 12:58 PM A.M.PM.EUENT.SECURITY 970 949 1791 P.01 ,...,.~ . . :1"" '... .; ." :> :. .~ .. .. ""'1">'" . . ~ .. . EVENT SECURITY ~x.JI Jolt-- ir'f'- PROPOSAL Date: I / ID. /3 Submitted to: fi/6Y€ /71##'1- 12[ .- CAII,A J ?At?rY Q. ~6l CPT'f rll"C.l(l~Llj.)OJ D\f"C tf-Icf - or .:J~i)~- /,J...J.t,:" -~-'-----"- We propose to provide security and provide the labor for: C4S i~.4S rAICf'( j-IY.'vy (~ ) S~(v.er1'f ?c~[)Io.J~l.. S 3i:)"...{ -lu1l(4 13 I-itl..s rOTA L. For the sum of S With payments to be made .as follews: FvL.~. '?AttlJ.["-!T'. Jt:b;J Ad/f,t>9t..-. .. -....--. Any deviation from above conditions involving extra costs, will be executed only upon wrItten orders, and wlll become an extra charge over and above the estimate. All agreemer'lts contingent upon strikes, accIdents or delays beyond our control, IJt . ~ . J A~J~ RespectfullY submitted: 1zu I J.. _~ Acceptance of ProposaL The above prices and conditions are satlsfactorycnd ore hereby accepted. You are authorized to do the work os agreed and payment will be made os outlined above. Date. I~_.._I Signature Signature (970)949-4872 . P.O. Box 2972 Avon, Colorado 81620 · (970)949 .1791 FAX AUG-10-2004 TUE 11:45 TEL: 19703283546 NAME:EAGLE co RD&BR P. 1