HomeMy WebLinkAboutC05-098 Roaring Fork Kennel Club
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LEASE AGREEMENT
between The County of Eagle, State of Colorado
and_ Roaring Fork Kennel Club_
This LEASE made and entered into this _18 day of _March_, 2005, 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, _Roaring Fork Kennel Club _(hereinafter referred to as
"Lessee").
Business Name (Lessee): _Roaring Fork Kennel Club_
Contact Name: _Martin Flaterty
Address: _P.O. Box 3053 Glenwood Springs, CO 81602_
Business phone #:_945-9755 ex-202_ Home Phone #:
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, _Davy and Martin Flaterty_, 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:
AKC Training
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Estimated number of persons attending: _50_. 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:
0 Commercial/Non - Resident
County Resident
Non-Profit
4. PERIOD OF AGREEMENT - The term of this lease shall be, check applicable
category:
Month / Day
0 Exhibit Hall- 10:00 a.m. on 3/19 _,2005, to
10:00 a.m. on 3/21 ,2005.
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Other facilities high use days- 7:00 a.m. to 12:00 p.m. on ,2005.
0 Other facilities low use days- 7:00 a.m. to 10:00 p.m. on ,2005.
Term for multiple date lease shall
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. RENT AL 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 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
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more than sixty (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 thirty (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? .............................. NO
Check all that apply:
B B
D D Fee Damage Deposit
Parking Lots Included with Lease
Pro-rodeo Arena And Grandstands Exhibit A
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Exhibit Hall / North Lawn 200.00 250.00Exhibit B
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Livestock Barn (Indoor Arena) Exhibit C
West Parking Lot N/A Exhibit D
Horse Stalls/East Parking Lot Exhibit E
North Lawn/Picnic Area Exhibit F
Events Office Exhibit G
Warm-Up/Practice Arena (Outdoor Arena) - 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: 200.00 250.00
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TOTAL AMOUNT DUE:. ....... ............ ........ ..................... ......... ..... ..................... ...... ...... 450.00
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Minus one-half damage deposit due: ................. ................. ................. .................125 .00
Balance due after one-half damage deposit received:........................................._325.00
Damage Deposit Date Due: 3/1/2005
- -
Date Received: 1/15/2005
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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 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.
0 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
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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
CTSJ's Tenant User Liability Insurance Program (TULIP), 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.
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 Legal 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 Liahility and/or Liquor Legal policy required? ...............................................~
Proof of Host Liquor and/or Liquor Legal Liability attached? ............................................. Y .. ~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 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
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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:
Initials
here:
Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private
party.
0 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?...................................................................... ~O
.-
12. SECURITY - All events where alcohol is served, consumed or sold shall provide security.
Events where attendance is greater than ISO persons in attendance shall provide security based
upon the following schedule:
o to 150 in attendance (required only if alcohol served) ..................1 uniformed personnel
150 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 1 000 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 Sheriffs
Department.
Security required?.. ........... ................................ ........................... ........ .......................... ........... YES ~
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 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
LESSEE
N arne, Title:
STATE OF COLORADO )
)ss
County of Eagle )
The foregoing was acknowledged before me this day of /1;ftif(;l1 2005,
~W~n
by , (~ _~ '" _ _,~ My commission expires:
Notary Public ..
[~~~,.:]
MyC--TTfL..:1pins8.JlJ1.... .'-
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AcORDN CERTIFICAY OF LIABILITY INSURAN - OP 10 2~ DATe (MMlDDIYYYY)
-
- ROAlU-2 06/28/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brown & Brown Ins of Denver HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
7110 W. Jefferson Ave., #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver CO 80235
Phone: 303-980-6265 Fax: 720-962-5142 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Colorado Casualty Ins Co 41785
INSURER B:
Roaring Fork Kennel Club Inc INSURER C:
%Carole Kreis, Treasurer
PO Box 1877 INSURER 0:
Basalt CO 81621-1877
INSURER E: I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRd TYPE OF INSURANCE POLICY NUMBER DATE (MM/ODIYY)' "15k'T'i{IMMlDDIYYT LIMITS
~NERAL LIABILITY EACH OCCURRENCE $1,000,000
A X ~ COMMERCIAL GENERAL LIABILITY CPP052896602 06/21/04 06/21/05 PREMISES lEa occurence) $ 100,000
, CLAIMS MADE (i] OCCUR MED EXP (Anyone person) $ 5,000
peRSONAL &. ADV INJURY $1,000,000
. $1,000,000
I GENERAL AGGREGATE
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG $ 1,000,000
!Xl. I ,n PRO. n
X POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
r-,- $
ANY AUTO' (Ea accident)
- . .
, . - - - _..-
ALL OWNED AUTOS
- INSURED'S COpy BODILY INJURY $
SCHEDULED AUTOS (Per person)
'-- A certificate has been issued and faxed or
HIRED AUTOS BODILY INJURY
- mailed to the certificate holder. Please $
NON-QWNED AUTOS (Per accident)
'-- retain this copy for your records
PROPERTY DAMAGE
- (Per accident) $
, ,
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
==J AN~ AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
I EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE $
=:J OCCUR o CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I jU_'H'
ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETORlPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $
~~~Mt~t;5v~s1<3~s below I E.L. DISEASE. POLICY LIMIT I $
OTHER
"
A Property Section CPP 0528966 04. 06/21/04 06/21/05 BPP $2,500.
ded $500.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
Per Policy Terms, Conditions, and Exclusions. Certificate Holder applies as
Addi tional Insured" wi th respects to General Liabili ty Coverage and Roaring
Fork Kennel Club, EVENT DATE: JULY 10TH AND 11TH, 2004
fax 970-32.8-3546
CERTIFICATE HOLDER CANCELLATION
REZNECH SHOULD ANY OF THE ABOVE DESCRIBED POLlCI.ES BE CANCEl;LED BEFORE THE EXPIRATION
DATe THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Eagle County Fair & Rodeo IMPOSE NO OBLlGA nON OR LIABILITY OF ANY KINO UPON THE INSURER. ITS AGENTS OR
Attn: Tanya Reznecheck
P.O. Box 250 REPRESENTATIVES.
Eagle CO 81631 AUTHORIZED REPRESENTA nVE
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ACORD 25 (2001/08) @ ACORD CORPORATION 1988
