HomeMy WebLinkAboutC05-216 Francisco Holguin
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LEASE AGREEMENT
between The County of Eagle, State of Colorado
and Francisco Holguin
This LEASE made and entered into this _ day of _July_, 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, _Francisco Holguin_(hereinafter referred to as "Lessee").
Business Name (Lessee): --
Contact Name: _Francisco Holguin_
Address: _P.O. Box 4241 Eagle, CO 81631_
Business phone #: Home Phone #: 328-7398 Cell #
- -
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, _Francisco Holguin _, 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:
_ Baptsim
I
Estimated number of persons attending: _100_. 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
X County Resident
0 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 7/10 , 2005, to
-
10:00 a.m. on 7/11 ,2005.
-
0 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.
0 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. 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 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
- -
Exhibit Hall / North Lawn 100.00 500.00Exhibit B
- - -
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: 100.00 500.00
-
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TOTAL AMOUNT DUE:............................................................................................... .600.00
Minus one-half damage deposit due: ............................................................. ......._250.00
Balance due after one-half damage deposit received:...........................................350.00
Damage Deposit Date Due: -
Date Received: 6/10/2005
- -
Balance of Damage Deposit and Fees Date Due: 7/1/2005
-
Date received: -
Educational Event Fee Waiver Applies
Facilities Admission Surcharge (F AS) 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
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
CTSJ's Tenant User Liability Insurance Program (TULIP), clo 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.
0 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.
0 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 Liability and/or Liquor Legal policy required? ................................................ YE~
Proof of Host Liquor and/or Liquor Legal Liability attached? ............................................. YBg' ~
,/ !
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" ofthe beer and alcoholic beverages includes indirect
5
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:
X Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private
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.
0 Lessee shall not serve or consume alcohol on the premises.
Proof of special events liquor license received? .....................................................................
12. SECURITY - All events where alcohol is served, consumed or sold shall provide security.
Events where attendance is greater than 100 persons in attendance shall provide security based
upon the following schedule:
o to 100 in attendance (required only if alcohol served) .................. 1 uniformed personnel
100 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 1000 attendees.
0 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.
~
ft ! ,
Security required?....................................................................................................................~ NO
/f .... "
Proof of security provided? ...................................................................................................~ NO
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13. KEY CHECKOUT/RETURN - Lessee shal1 obtain a key to the leased premises within 48
hours of the event after the fees and damage deposits have been paid in ful1 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 fol1owing 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 wil1 be withheld from the damage deposit.
14. MISCELLANEOUS -
Lessee may not assign al1 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 al1 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 oflessee'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 Iggins
Director Eagle County Fair & Rodeo
LESSEE
Name, Title:
STATE OF COLORADO )
)ss
County of Eagle )
The foregoing was acknowledged before me this day of 2005,
by My commission expires:
Notary Public
1_--, ., T~:::~f:t.~ . ...1
STATE ()II COLORADO
~ A_
~ co~m~n Expi~t3127.
,
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CURRENT YEAR 2005 FEES:
Facility Non -Profit County Resident CommerciallNon- Deposit
Resident
Pro Rodeo Arena /Grandstands $100 Fri-Sun $200 Fri-Sun $400 Fri-Sun $250/$500
$50 Mon- Thurs $100 Mon- Thurs $300 Mon- Thurs
Livestock Barn/Indoor Arena $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun $250/$500
$25 Mon- Thurs $50 Mon- Thurs $200 Mon- Thurs
1/>", ~
Exhibit Hall/North Lawn $50 Fri-Sun ~~i-sun $300 Fri-Sun $250/eJ
$25 Mon- Thurs Mon- Thurs $200 Mon- Thurs
Events Office $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun $250/$500
$15 Mon- Thurs $25 Mon- Thurs $75 Mon-Thurs
Warm-Up/Practice Arena $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun None
$15 Mon- Thurs $25 Mon- Thurs $75 Mon-Thurs
North Lawn/Picnic Area $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun $250/$500
$15 Mon- Thurs $25 Mon- Thurs $75 Mon-Thurs
West Lot & Picnic Areas $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun None
$25 Mon- Thurs $50 Mon- Thurs $200 Mon- Thurs
East Lot/Horse Stall Area $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun None
$15 Mon-Thurs $25 Mon- Thurs $75 Mon-Thurs
Horse Stalls $5/day $5/day $10/day None
Concession Stand $25/day Fri-Sun $50/day Fri-Sun $100/day Fri-Sun $250/$500
$15 /day Mon-Thurs $25/day Mon- Thurs $75/day Mon-Thurs
NP - Non-Profit
CR - County Resident
COMM or INR - Commercial or Non-Resident
Exhibit Hall Basic Information - Rental of the Exhibition Hall includes a 214-person seating capacity (40 tables and 214
chairs)/maximum occupancy, plus use of the restrooms, stage area, kitchen facilities, bar, and lawn area adjacent to the
hall.
.
2
FROM-AJGRMS +3037739776 T-143 P.001/002 F-457
JUL-08-05 02:08PM . . .. - .... . "'"'" .., .... I 07/08/2005
.~.-----.., -- ...... .....-.. "
PI<<lIlUCIiR (303) 771-g999 FAX (lu~)773-9776 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arth~r J. Gallagher Risk Management Services, Ine ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOIiS NOT AMEND, EXTEND OR
6399 S. Fiddlers Green Circle ALTER THE COVERAGE AFFORDED BY THE POUCII:S BELOW.
Suite 200
Greenwood Villager 00 80111 INSURERS AFFORDING COVERAGE NAIC#
INSURED Eag I e COun'ty INSUREAA: Clarendon Na't1onal Ins~rance Com! any
c/o Colorado Coun'ties Casualty & INSURER B:
Property Pool INSUREI'< c:
800 Grant Street, Suite 400 INSURaR D;
Denver, CO 80203 I~UflliR s;
COVERAGES
THE POLICIES OF INSURANCE USTED BELOW HAVE seEN ISSUED TO THE INSUReO NAMEO ABOVE FOR THE POLICY P",P,IOO INDICATED. N01WITliSTANDING
ANY REQUIREMENT. T!:RM OR CONDITION OF ANY CONTRACT OR OTH"'R DOCUMENT WITH RESPECT TO \lVt!ICH THIS CERTIFICATE MAY !:IE Issueo OR
MAY PERTAIN. THE INSURANCE AFFORDED BV THE POUCIES OESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXOI.USIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATt: I.IMITS SHOWN MAV HAVE 6E5N REDUCEO BY PAID CLAlMS. :
!l ~ TYPE OF INSURANC/ii Powey I\IUMBj;~ POlley EFFECTIve !"OLICY EXPlRA TlON LIMITS
GENERAl- LlAtllLlT'l' EGLOO0980-02 07/01/2005 07/0112006 j;ACI~ OCCURRENCE ~ l,OOO,OOll
~ PAMAGE TO R!!NTED
X COMMERCIAl- GENEI'lAI-I-IA~II-ITY Ii
X I ctAlMS MADE 0 occuR .
MIW EXP (Any Q(\& pel'3Q11l III
A X P!:RSONAL & ADV INJURY ~ 1.000.000
GEN~RALAGQI'<EGA~ It 1.000,000
GEN'I- AGGREGATE I-WllT APPI.IES PER: PROrM:TS . COMPI01" AGG ijl 1.000,000
il POI-ICY n ~~8;: n LOC FIRE DAMAGE LIMIT $50,000
AUTOMOElII.E UA.l3ILlTY COMlilNED SINGLE I-l/IIIlT
I-- (lOa tlftldonll ~
ANY AUTO
'--
ALL OWN~P AUTOS aOClI!. Y INJUflY
I-- III
SCHliOULEC AUTOS (Por personl
-
HIRED AUraS aOol1- Y INJURY $
~ (Per eecldenl)
NON-OWNlOO AUTOS
-
PROPeRTY PAMAGe $
(Per aeeltl&nl)
GARAGIl LIABILITY AUTO ONLY - !:A ACCIDENT $
==i ANY AUTO OT~ER THAN EA Ace $
AU OONI-Y; AGG $
/EXCESS/UMBRELLA IJABILlTY EACH OCCURRENce ~
:J 'OCCUR 0 CI.AII\4S MAPa AGGRIBGATE It
$
~ OEOUCTII3I-E $
RIOTENTION $ ~
wo~eRS COMPENSATION ANe we STATu- I IQI~'
EMP\.OYl'RS' I.IABILITY E.L. EACH ACCIDlONT iii
ANY PROPRllOTORIPARTNERiCXECUllV5
DFFICeRIMEMBIBR IiXCl.UDEO? E.L. PIS/BASE - EA EMf'LOYEE iii
II ~s. detlt:li~ ~nder E.L. PISEASE - POI-ICY LIMIT ~
e ECtAl- PROVISIONS below
OTliJ;R
DESCPl~ OF OPl'AA TlONS I LOCATIONS I r::1C\..ES I ~LlJSlONS APDeD BY ENDORS~ENI I speCIAL PROVISl~S
~e: Eag e County and Franc seo HolgUin are named Ad tlonal Insure respects General Liability
~egard;ng the Baptism party which is being held on July lOt 2005 at Exibit Hall.
C C
SHOULD ANY OF 'lliG ABOW PESCRlIiIED POLICIES ClG CANC!U.Ii!O SIlr:ORE TMIB
1OO"1FlAllON DATE THEREOF. THE I&SUING INSURER WILL ENDeAVOR TO MAlL
~ DAYS WRITTEN NOlleE TO THIii CERTlFICA". HOWER NAMEtl TO THfi LEFT.
Francisco Holguin aUT FAlLURfi TO MAIL SUCH NOTICE SHALL IMPasa NO OSLlGA TlCN OR LlAElIUTY
PO Box 4241 OF ANY KIND UPON THE INSUReR, ITS AGENTS OR REPReSr=NTA T1VlOS.
Eaglet CO 81631 AUTliORllED REPRE~NTATIVE ~~.~
Karen Graham NMS
ACORD 25 (2001/08) (5)ACORO CORPORATION 1988
JUL-B-2005 FRI 15:00 TEL: 19703283546 NAME:EAGLE CO RD&BR P. 1
