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HomeMy WebLinkAboutC06-174 LEASE AGREEMENT Between THE COUNTY OF EAGLE, STATE OF COLORADO and Diane Sandoval - This LEASE AGREEMENT entered into this day of _May _, 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, Diane Sandoval (hereinafter referred to as "Lessee"). Business Name (Lessee): Contact Name: Diane Sandoval - Address: _P.O. Box 96 Gypsum, CO 81637_ Business phone #: Home Phone #: Cell # 376-6576 - - RECITALS 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; and WHEREAS, - Diane Sandoval_, represents that he/she is duly authorized to enter into this Lease Agreement on behalf of the Lessee for its intended purposes. COVENANTS NOW, THEREFORE, in consideration of the recitals stated above and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which is acknowledged, the County and the Lessee agree as follows l. 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- Lessee(s) 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. 1 2. PURPOSE -Lessee's use of the leased premises is solely for: - Graduation 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. 0 OOommercial 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 Agreement shall be, check applicable category: Month / Day 0 Exhibit Hall- 10:00 a.m. on _5/20_,2006, to 10:00 a.m. on 5/21 ,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). 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 2 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 terminating and voiding this Lease Agreement. 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 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 Agreement, 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? ..................................... YES NO Check all that apply: Fee Damage Deposit Parking Lots Included with Lease Pro-rodeo Arena And Grandstands Exhibit A - Exhibit Hall / North Lawn 100.00 500.00 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 3 $500 no alcohol! $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: - 100.00 500.00 - 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: - Balance of Damage Deposit and Fees Date Due: Date received: 4/21/2006 - 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 Agreement, 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 Agreement, the County's representative shall make a post-event walk through. If the Leased 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 the 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. 4 9. INSURANCE FOR EVENTS - Eagle County requires all users (Lessees) to purchase and maintain insurance as described below under paragraph A 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 guests 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 this Lease Agreement. Insurance may be available through CTSI's Tenant User Liability Insurance Program (TULIP), c/o Arthur J Gallagher & Co. 1-303-889-2614. General Liability Coverage shall be carried in the minimum amount of $500,000 per injury and $1,000,000 per occurrence for claims or 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. 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 CTSI's Tenant User Liability Insurance Program (TULIP), c/o Arthur J Gallagher & Co. at 1-800-889- 2614. Q Proof of Insurance attached? .................................................................................................... .. NO Host Liquor Liability audlor Liquor Legal policy required? .............................................~:~ Proof of Host Liquor and/or Liquor Legal Liability attached?......................................... ~ 0 10. INDEMNIFICA TION - To the extent permitted by law, any Lessee or User(s) shall indemnify, defend and hold the County harmless from and against any and all claims arising from the Lessee or User(s) use of the Eagle County Fairgrounds and associated structures, or from the conduct by the Lessee or User(s) of any activity, program or thing that may be permitted or suffered by the County in or about the Eagle County Fairgrounds, except that neither the Lessee or User(s) will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any negligent or intentional act of the County. The Lessee or User(s) shall also indemnify, defend and hold the County harmless from and against any and all claims arising from any breach or default in the performance of any obligation on the Lessee or User(s) part to be performed under the provisions of these policies and procedures or arising from any negligence, recklessness, intentional acts or omissions of the Lessee or User(s) from any and all costs, attorney fees, 5 expenses and liabilities incurred in the defense of any such claim or action or proceeding brought on any such claim. 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. Alcohol is not allowed for any youth (under 21) events regardless of the age of the Lessee. 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 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: X 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. 0 Lessee shall not serve or consume alcohol on the premises. Proof of special events liqnor license received? .... ......... '" ..... ............... ...... .... ..... '" ........... ....n SECURITY - At all events where alcohol is served, consumed or sold and attendance is reasonably expected to be greater than 50 persons, security shall be provided. The Lessee shall be responsible for providing security from a bonded security company or the Lessee can obtained security by contacting the Eagle County Sheriff's Department at the rate of $50.00 hour. Events where attendance is expected to be greater than 50 persons, security shall be provided on the below stated schedule: 50 to 100 in attendance 1 uniformed personnel 100 to 150 in attendance 2 uniformed personnel 150 to 200 in attendance 3 uniformed personnel 200-1000 in attendance 4 uniformed personnel more than lOOO in attendance 5 uniformed personnel plus one additional uniformed personnel for each additional 1 000 attendees. When required, by the guidelines above, Lessee shall provide, at its sole expense, uniformed security for events. Lessee shall provide a written, signed confirmation to the Fairgrounds 6 Managers Office no less than seven (7) days prior to the event. Security rnust be arranged through a bonded security firm or the Eagle County Sheriff's Department. Events with 500 or more in attendance require EMT service on-site. Security required? ...... ....... ..... ... ........ ................ ........ ... ................. ... .... ........ .... ................. ... ...... YES") NO Proof of security provided? ....................................................................................................... @S) NO 12. 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 Agreement. Keys must be returned to the Fairgrounds Office at: 3289 Cooley Mesa Road, Gypsum, 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. 13. MISCELLANEOUS - Lessee may not assign all or any part of this Lease Agreement without the express, written consent of County which the 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 Agreement 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 Agreement. 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 ofthe 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 Agreement or of any covenant, condition, or provision herein contained shall be valid unless agreed to in writing by all parties. C. This Lease Agreement 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. 7 D. All agreements and covenants herein are severable, and in the event that any of thern shall be held invalid by a court of competent jurisdiction, this Lease Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. E. If Lessee fails to abide by the terms of the Lease Agreement, the County reserves the right to hold any or all of Lessee's damage deposit. F. This Lease Agreement shall be governed by the laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this Agreement shall lie with the District Court in and for Eagle County, Colorado. 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. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through ~~1 ~~-' -""'"/ . Brad H~s Eagle County Fair & Rodeo Manager LESSEE Name, Title: STATE OF COLORADO ) )ss County of Eagle ) 19 11/1 The foregoing was acknowledged before me this dayof'i1tov2 2006, . I ' ~ j)J~~ . 3/d7/03 ' ! 'tk by Ie My commission expires: Notary Pu16li~ ,..,.. TANYAD'AW -, l/ . , . -- - . . - - -I , NOTAIl'''' . TANYA DABLSEID STATEQFCP :,,-p I NOf....V PIJIILIC -../r~~~ STATE OF COLORA.OO ~, ~ ~ ~ . 9Y'"~.''''''' My C~;";';issioD Expires 031171GS 8 ACORQ., CERTIFICATE OF LIABILITY INSURANCE , OA re IMMlOOlYYYV} 05/16/2006 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 6399 S. Fiddlers Green Circle HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 INSURERS AFFORDING COVERAGE NAIe # INSUReD Eagl e County INSURERA: Clarendon National Insurance Com! any c/o Colorado Counties Casualty & INSURER B: Property Pool INSURER c: 800 Grant Street, Suite 400 INSURER 0: Denver, CO 80203 INSURER E: 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 UMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSRJ,i\[ll)'!,/ TYPE OF INSURANCE POUCY NlJM8ER POLlCY EFFeCl1VE POLICY eJa>1RA TION LIMITS GENERAL LIABIUTY EGloo0980-02 07/01/2005 07/01/2006 EACH OCCURRENCE $ 1 OOO,OO(J t-y COMMERCIAL GENERAL LIA5ILITY ~9.s.!0 RENTED $ W CLAIMS MADE []] OCCUR MED EXP (Any one person) $ Exc1 uded A X i-- 1 ,000.00(] PERSONAL & ADV INJURY $ '-- GENERAL AGGREGATE $ None !-- GEN'L AGGREGATE UMfT APPUES PER: PRODUCTS - COMPIOP AGG $ 1,000. 00<l -r POLICY n ~f8r n LOC FIRE DAMAGE LIMIT $50,000 AUTOMOSll.E UABlLITY COMBINEO SINGLE LIMIT - lea accident) :0 ANY AUTO - ALL OWNED AUTOS BOOIL I' INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BOOIL Y INJURY - $ NON-oWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per ac<:ident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT :0 R ANY AUTO OTHER THAN EAACC $ AUTO ONt Y: AGG $ EXCESS/UMBReLLA UA8IUTY EACH OCCURRENCE $ :J OCCUR o ClAIMS MACE AGGREGATE $ $ =i ~DUcn8lE $ RETENTION $ $ WORl<ERS COMPeNSATION AND I WC STATU-, I IOJ;;i- EMPLOYERS'L1ABIUty E.L. EACH ACCIDENT $ ANY PROPRlETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? EoL. DISEASE. EA EMPtOYEl; $ ~ des<:ribe under IAL PROVISIONS below E.l. DISEASE. POLICY LIMIT $ OlliER DESCRIf'110N OF OPERATIONS I LOCATIONS I VEHICLEi'I EXCt.USIONll AIlOED BY ENDDRSEMErrr I SPE~L PROVISIONS piane Sandoval is named as add,tional lnsured regard,ng t e Special Event - Graduation Party on May 21, 2006 at Eagle County Fairgrounds, Eagle Colorado. ~overage for this Event includes liquor liability. , AT'''''' SHOULD AHY OF THE ABOVE DESCRI8EO POUClES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUIHG INSURER WILL ENOEAVOR TO MAlI. ~ DAYS WRITTEN NOTICE TO THE CERTlFlCATE HOlDER NAMED TO THE LEFT, Diane Sandoval BUT FAILURE TO MAIl.. SUCli NOTICE SHALllMPOSE NO OBLIGATION OR uABILITY PO Box 96 OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Gypsum, CO 81637 AUTHORIZED REPRESENTAl1VE ~-;t.~ Karen Graham/lMS ACORD 25 (2001/08) @ACORD CORPORATION 1988 ........'-''-''-''''......._..., I ,",'lL.'''' 01:52:26 pm. 05-10- 2006 '2J".3 - ~ -- . . .~ OFFICE OF THE SHERIFF * Eagle County. Colorado Joseph D. Boy, Sheriff Jeff Layman. Undersheriff May 10, 2006 Eagle County Extension Office Fair and Rodeo Tanya Dahlseid PO Box 239 Eagle, CO 81631 RE: Special Event 5/2112006@ FairGround Dear Tanya: This letter is to inform you that the Eagle County Sheriffs office is working the special event being held at the Fair Grounds on 5/21/200. We will have Deputies Kyle Hall and Chris Ossen providing security from 19:00 to 23:00. If you need any other type of confirmation for this please don't hesitate to call me at 328- 8500. Respectfully, ir~ Lt. Mike Bosley EAGLE COUNTY SHERIFF'S OFFICE MB/mke p.o. Box 359' 0885 E. Cham~rs Ave.' Eaglt'. co 81631 (970) 328-8500' Fax: (970) 328-1448 To Serve and Protect with Pride and Professionalism info@sheriff.eagle.co.us