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HomeMy WebLinkAboutC05-313 Vincente Valadez LEASE AGREEMENT between The County of Eagle, State of Colorado and Vincente Valadez - This LEASE made and entered into this _ day of _ October_, 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, _ Vincente Valadez (hereinafter referred to as "Lessee"). Business Name (Lessee): -- Contact Name: Vincente Valadez - Address: _P.O. Box 4732 Eagle, CO 81631 Business phone #: Home Phone #: 328-6565 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, _ Vincente Valadez _, 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 ofthe leased premises is solely for: _Halloween Party 1 Estimated number of persons attending: _150_. 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: D Commercial/Non - Resident X County Resident D Non-Profit 4. PERIOD OF AGREEMENT - The term of this lease shall be, check applicable category: Month / Day D Exhibit Hall- 10:00 a.m. on 10/29/ , 2005, to - 10:00 a.m. on 10/30 ,2005. - D Other facilities high use days- 7:00 a,m, to 12:00 p.m. on ,2005. D Other facilities low use days- 7:00 a.m. to 10:00 p.m. on ,2005. D 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 2 weeks of the event. Cancellation policy for the Arena and Grandstands- Events canceled 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? .......................................YI;S 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 100.00 500.000 Exhibit 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 3 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: 6/14/2005 - - Balance of Damage Deposit and Fees Date Due: 10/14/2005_ 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 4 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 CTSTs 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. 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? ..............................................................................................,... I y.' NO Host Liquor Liability and/or Liquor Legal policy required? ...............................................~ Proof of Host Liquor and/or Liquor Legal Liability attached? ............................................. ~ 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, 5 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 ofthis 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 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: 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? ....................................................................... Y~O 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 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 Sheriff s Department. Security required?.,..............,........,.....,...,.......,.,...,.,.....,.....,.,...,.,.....,........,............,.... NO Proof of security provided? ,...,.,.,......,...,.,... ........,.,.,..,........,... ..,.,..,...... ."......, ,....,.. ....,...... NO 6 THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through , Brad Higgins Director Eagle County air & Rodeo LESSEE Name, Title: STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this day My commission expires: I TANYA DAHLSEID I NOTARY PUBLIC STATE OF COLORADO My Commission Expires 031Z7108 8 { ACORQ" CERTIFICA TE OF LIABILITY INSURANCE I DATE (MM/DDlYYYY) 10/20/2005 PRODUCER (303) 773-'9999 FAX (303)773-9776 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6399 S. Fiddlers Green Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 INSURERS AFFORDING COVERAGE NAIC# INSURED Eagl e County INSURER A: Clarendon National Insurance Com any c/o Colorado Counties Casualty & INSURER B: Property Pool INSURER C: 800 Grant Street, Suite 400 INSURER D: Denver, CO 80203 INSURER E: 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 MAY BE 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. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EGLOO0980-02 07/01/2005 07/01/2006 EACH OCCURRENCE $ 1,000,000 7 COMMERCIAL GENERAL LIABILITY ~~~,~~~!O RENTED $ f-- !J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ A X f-- 1,000,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 II .nPRO- n FIRE DAMAGE LIMIT $50,000 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- (Ea accident) $ ANY AUTO I- ALL OWNED AUTOS BODILY INJURY I- (Per person) $ SCHEDULED AUTOS f-- HIRED AUTOS BODILY INJURY f-- (per accidenl) $ NON-OWNED AUTOS f-- PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR o CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- I lOJ~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOED? E.L DISEASE - EA EMPLOYEE $ If yes. describe under E,L DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ,e: Vicente Valadez and Eagle County are named Additional Insured respects General Liability egarding the Halloween Party, which is being held on October 29, 2005 and ends October 30, 2005 (lday) t Eagle County Fair and Rodeo. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Vicente Valadez BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 4732 OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Eagle , CO 81631 AUTHORIZED REPRESENTATIVE ~~.~ Karen Graham/NMS ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Lone * Star Security & Safety Services PO Bo~ 1528-Vail, Colorado IH658 Phoue (!17m 'Mj).l5H8'Fl!:t (:916) 926-334'7 AGREEMENT ~'HEREAS, Lone Star Secudty & Safety Services has offered to :perform concert security services, perimeter control for Valadez Party at the Eagle County Fair Grounds. WHEREAS, the undersigned, has agreed to employ Lone Star Security & Safety Services to perfonn the services explained herein, and by ies signature below or signature ofit's authorized agent hereby ac<:epts the terms of this offer, now therefore. :iT IS HEREBY AGREEn between the that Lone Star Security & Safety Services will provide:'; security officers on the 29m day of October, 2005 at the Eagle County Fair Grounds from 6pm to Ilpm. The type of engagement for security servic~s to b$ provided by Lone Star Security &, Safety Services shall be as follows.: perimeter security, cro'\rd control and liquor control. The wage and/or cost tOr services \-vill be $28 per officer per nO\i:r fOT a wtal of$420. Should the agreement be cancelled less than 15 from start date, a 50% cancellation fee may be assessed by Lone Star S~urity &: Safety Services to cover any incurred cost'). IT IS FURTHER AGREED that the above scheduled work shan take place at the designated location in Eagle, Colorado. IT IS FURTHER AGREED between the parties that payments for said services shall be at the end ofthe event. in full is required at the end afme event on 10/29/05. IT IS FURTHER AGREED and intended by both parties that the terms and conditions as set forth herein are the total terms and conditions (lfthe Agreement and that they shall be binding upon both parties and interpreted under-the laws of the State of Colorado that any additional terms, conditions, modifications not expressly stipulated herein shall be null and of no force and effect unless said stipulation or additional te:rms or conditions shaH be in writing attached hereto and executed with the same authority as this document. We the undersigned do agree to accept the terms and oonditions of this offer made by Lon", Star Security & Safety Senriees. NOTE: PLl1:ASE :READ ALL itRMS AND CONDITlO"/THIS AGREEMENT PRIOR TO SIGNING ~/ ~. / .~ _ ;:' /Jr-" jJ~';- Lone Star Security Ii Safety Services: ~ '- __ Date: ' 9f Event Representative: Date: