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HomeMy WebLinkAboutC06-150 LEASE AGREEMENT between The County of Eagle, State of Colorado and_Pat Magdziuk This LEASE made and entered into this day of _February_, 2006, 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, _Pat Magdziuk_(hereinafter referred to as "Lessee"). Business Name (Lessee): Contact Name: _Pat Magdziuk Address: Clerk and Recorder's Office - Business phone #:_328-8726_Home Phone #: 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, Pat Magdzuik_, 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. D Cancellation Provision applies. 2. PURPOSE -Lessee's use of the leased premises is solely for: _Project Graduation 1 Estimated number of persons attending: _200. 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 0 County Resident X 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 5/17 _, 2006, to - 10:00 a.m. on 5/18 ,2006. - 0 Other facilities high use days- 7:00 a.m. to 12:00 p.m. on ,2006. 0 Other facilities low use days- 7:00 a.m. to 10:00 p.m. on ,2006. 0 Term for multiple date lease shall be: 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). 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 contractfor facility fees. B Exhibit(s) indicating facilities, damage deposits and fees attached? .................................. .. YE NO 2 Check all that apply: Fee Damage Deposit Parking Lots Included with Lease Pro-rodeo Arena And Grandstands Exhibit A - - Exhibit Hall / North Lawn _no charge_ no charge 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 Total Damage Deposit Due: / Total FBe: B _no charge_ _no charge D D TOTAL AMOUNT DUE:................................................................... No Charge yer Minus one-half damage deposit due: ...... ......................................................................... Balance due after one-half damage deposit received:.................................................... 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. 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 CTSJ's Tenant User Liability Insurance Program (TULIP), cloJ & 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? ....................................... ...... ............. ... .................. .... .................Q NO Host Liquor Liability aud/or Liquor Legal policy required? ................................................X Proof of Host Liquor and/or Liquor Legal Liability attached?............................................. S /No 4 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 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: 0 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 Hqnor Heense 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: 5 o to 50 in attendance (required only if alcohol served) .................... 1 uniformed personnel 50 to 100 in attendance ....................... 1 uniformed personnel for no alcohol, 2 for alcohol 150 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 Waived per a1JIj~ Security required?..................................................................................................................... YES ~ Proof of security provided? ....................................................................................................... YES @ 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. 6 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 COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through ~b~ - c ' ..........-o'"'"'l~ , Brad Higgins-- Director Eagle County Fair & Rodeo LESSEE Name, Title: 11 + !~ 3ch,l' \,L \c ,W~JL/ r-('v ~ It\# r; ~~ ~6' 1~9r . STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this day by My commission expires: . . , ....1 - , TANYA DAHlSEID I NOTARY PUBLIC STATE OF COLORADO .. .... ~..,. ~ .....~ ... .... ~ .~ . My Commission Expires 03117108 8 ACORDm CERTIFICAT~i; JF LIABILITY INSURANu..... OP ID 1~ DATE (MMIDDNYYY) PROJE-1 05/03/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wall Street Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Box 20 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edwards CO 81632 Phone: 970-926-4900 Fax:970-926-4200 INSURERS AFFORDING COVERAGE NAIC# INSURED I INSURER A: Capitol Indemnity Corporation INSURER B: Project Graduation, NPO INSURER c: Pat Magdziuk PO Box 337 INSURER D: I Eagle CO 81631 " 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. LTRlNSRO TYPE OF INSURANCE I POLICY NUMBER I POLlC1'I EFFECTI~E I PP!-~Y{~l,<t:!.ltA_T~~N LIMITS ' DATE MMIDDIYY 'DATE MMIDDIYY LIABILITY EACH OCCURRENCE $ 1000000 - ~~E~;S~S YEa~~~~~nce) A COMMERCIAL GENERAL LIABILITY CP00322491 05/17/06 05/17/07 : $ 100000 - =:J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5000 - PERSONAL & ADV INJURY 1$2000000 - I GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 I n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I - 1$ ANY AUTO I (Ea accident) - I BODILY INJURY , ALL OWNED AUTOS 1$ - SCHEDULED AUTOS i (Per person) - I BODILY INJURY HIRED AUTOS 1$ - NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT : $ '==1 ANY AUTO I I OTHER THAN EA ACC $ I I AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR CLAIMS MADE $ $ ==1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS ! IU~~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I E.L DISEASE - EA EMPLOYEE! $ If yes. describe under E.L DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Special Events CERTIFICATE HOLDER CANCELLATION EAGLCTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Eagle County CO. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Dept. of Buildings & Grounds IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 850 Eagle CO 81631 REPRESENTATIVES. AUTHO ZED R S ACORD 25 (2001/08) @ACORDCORPORATION 1988 ~~d Page 1 of 1 Sharee Wettstein 0- \0\ From: Pat Magdziuk Sent: Wednesday, January 25, 2006 11 :20 AM To: Sharee Wettstein Subject: Old Exhibition Hall Sharee, I've tentatively booked the hall for May 17 & 18. Tanya is sending to me via interoffice the contract itemizing deposit, rental fee, liability insurance requirement, etc. If you would present this to the Board again with the request for waiver of whatever they will waive. She also mentioned that if the gathering is over 50 then the Sheriff's office will need to provide some kind of security? Know anything about that? Thanks! Pat Magdziuk Clerk & Recorder's Office , www.eaglecounty.us p 970-328-8726 f 970-328-8716 1/25/2006 Page 1 of 1 Sharee Wettstein From: Tom Stone Sent: Thursday, January 26,2006 12:05 PM To: Sharee Wettstein Subject: RE: Old Exhibition Hall 'VVo;l.Ildilike to try to. accomodate this effort by making changes or exceptions that are reasonable. From: Sharee Wettstein Sent: Wed 1/25/2006 11 :32 AM To: #Commissioners Subject: FW: Old Exhibition Hall Please see Pat Magdziuk's request for the use of the exhibit hall at the fairgrounds for the night of May 17th through part of May 18th for Project Graduation (EVHS). Sl'l~Jsaskingiffees, ov~rnight lirnitation and security requirements might be waived for this The lease agreement states that booking is till midnight, no noise (music, etc) will be allowed after 11 :00 p.m. and that security through the Sheriff's office must be arranged for groups over 50 persons. Please let me know your thoughts. Sharee ~--- From: Pat Magdziuk Sent: Wednesday, January 25,2006 11:20 AM To: Sharee Wettstein Subject: Old Exhibition Hall Sharee, I've tentatively booked the hall for May 17 & 18. Tanya is sending to me via interoffice the contract itemizing deposit, rental fee, liability insurance requirement, etc. If you would present this to the Board again with the request for waiver of whatever they will waive. She also mentioned that if the gathering is over 50 then the Sheriff's office will need to provide some kind of security? Know anything about that? Thanks! Pat Magdziuk Clerk & Recorder's Office www.eaglecounty.us p 970-328-8726 f 970-328-8716 1/2()/200() Re: Old Exhibition Hall Page 1 of 1 Sharee Wettstein From: Am Menconi [arn@vail.net] Sent: Thursday, January 26, 2006 3:44 PM To: Sharee Wettstein Subject: Re: Old Exhibition Hall From: Sharee Wettstein <Sharee.Wettstein@eaglecounty.us> Date: Wed, 25 Jan 2006 11:32:21 -0700 To: #Commissioners <commissioners@eaglecounty.us> Conversation: Old Exhibition Hall Subject: FW: Old Exhibition Hall Please see Pat Magdziuk's request for the use of the exhibit hall at the fairgrounds for the night of May 17th through part of May 18th for Project Graduation (EVHS). She.i.s~sking if fees, overnight limitation and security requirements might be waived for this event. The lease agreement states that booking is till midnight, no noise (music, etc) will be allowed after 11 :00 p.m. and that security through the Sheriff's office must be arranged for groups over 50 persons. Please let me know your thoughts. Sharee --- From: Pat Magdziuk Sent: Wednesday, January 25,2006 11:20 AM To: Sharee Wettstein Subject: Old Exhibition Hall Sharee, I've tentatively booked the hall for May 17 & 18. Tanya is sending to me via interoffice the contract itemizing deposit, rental fee, liability insurance requirement, etc. If you would present this to the Board again with the request for waiver of whatever they will waive. She also mentioned that if the gathering is over 50 then the Sheriffs office will need to provide some kind of security? Know anything about that? Thanks! Pat Magdziuk Clerk & Recorder's Office www.eaglecounty.us <http://www.eaglecounty.us> p 970-328-8726 f 970-328-8716 1 /'")/:. /")(\(\/:. Page 1 of 1 Tanya Oahlseid From: Sharee Wettstein Sent: Wednesday, January 25,200611 :29 AM To: Pat Magdziuk Cc: Brad Higgins; Tanya Dahlseid Subject: RE: Old Exhibition Hall I only know what's listed in the user agreement and she's correct, that's what it says. I will take your request back to the board to gauge their comfort level with waiving fees, overnight limitation and security. I'll send a preemptory email and then ask them in person on Tuesday if they've not responded. Thanks for your patience. I had no idea you were asking about this venue initially. From: Pat Magdziuk Sent: Wednesday, January 25,2006 11:20 AM To: Sharee Wettstein Subject: Old Exhibition Hall Sharee, I've tentatively booked the hall for May 17 & 18. Tanya is sending to me via interoffice the contract itemizing deposit, rental fee, liability insurance requirement, etc. If you would present this to the Board again with the request for waiver of whatever they will waive. She also mentioned that if the gathering is over 50 then the Sheriff's office will need to provide some kind of security? Know anything about that? Thanks! Pat Magdziuk Clerk & Recorder's Office 'VY:WW,i:<'!glecounty. us p 970-328-8726 f 970-328-8716 1/2512006 Page 1 of2 Tanya Oahlseid From: Sharee Wettstein Sent: Monday, February 06, 200610:37 AM To: Brad Higgins Cc: Tanya Dahlseid Subject: FW: Old Exhibition Hall Please confirm that all waivers are in place. Thanks, Sharee From: Pat Magdziuk Sent: Monday, February 06, 2006 10:35 AM To: Sharee Wettstein Subject: RE: Old Exhibition Hall Thank you so much! Pat Magdziuk Clerk & Recorder's Office p 970-328-8726 f 970-328-8716 From: Sharee Wettstein Sent: Monday, February 06, 2006 10:23 AM To: Pat Magdziuk Subject: RE: Old Exhibition Hall Pat, The board approved your request and I've handed the details off to Brad Higgins. He and Tanya will make sure everything is in place to waive overnight and noise restrictions and fees. I half hoped to hear back from Brad that there were no foreseeable problems before I notified you but have not. I will check with him and we'll cross our fingers! You're good to go. From: Pat Magdziuk Sent: Monday, February 06, 2006 10:15 AM To: Sharee Wettstein Subject: RE: Old Exhibition Hall Sharee, have you heard anything from the Commissioners regarding this? Pat Magdziuk Clerk & Recorder's Office \Y\\f\y.S;<lgt~QQlJntY.Jl$ p 970-328-8726 f 970-328-8716 2/6/2006 Page 2 of2 From: Sharee Wettstein Sent: Wednesday, January 25, 2006 11:29 AM To: Pat Magdziuk Cc: Brad Higgins; Tanya Dahlseid Subject: RE: Old Exhibition Hall I only know what's listed in the user agreement and she's correct, that's what it says. I will take your request back to the board to gauge their comfort level with waiving fees, overnight limitation and security. I'll send a preemptory email and then ask them in person on Tuesday if they've not responded. Thanks for your patience. I had no idea you were asking about this venue initially. From: Pat Magdziuk Sent: Wednesday, January 25, 2006 11:20 AM To: Sharee Wettstein Subject: Old Exhibition Hall Sharee, I've tentatively booked the hall for May 17 & 18. Tanya is sending to me via interoffice the contract itemizing deposit, rental fee, liability insurance requirement, etc. If you would present this to the Board again with the request for waiver of whatever they will waive. She also mentioned that if the gathering is over 50 then the Sheriff's office will need to provide some kind of security? Know anything about that? Thanks! Pat Magdziuk Clerk & Recorder's Office 'v\Tl\l}\l,~~~Leco unty ,:liS p 970-328-8726 f 970-328-8716 2/6/2006