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HomeMy WebLinkAboutC07-241 Nova GuidesRAFTING AGREEMENT This Agreement is between the County of Eagle (hereinafter known as "the County") and all individuals or companies who commercially operate and/or own for the purposes of commercial use, river boats and rafts, Nova Guides, Inc. (hereinafter known as "the Operator") and use the Fairgrounds, located in the County of Eagle. WHEREAS the County owns and operates the Fairgrounds; and WHEREAS the Fairgrounds serves as a point for loading and/or disembarkment for rafts and other river boats, commercially and privately owned; and WHEREAS the County maintains the parking areas, bathrooms, picnicking facilities and other recreation amenities at the Fairgrounds; and WHEREAS the parties of this agreement agree to the schedule of services, fees, and responsibilities imparted to the parties as set forth below: IT IS AGREED THAT: 1. The County shall allow Operator to disembark at the Fairgrounds during the rafting season of 2007 (the parties agree that the term of the season is water dependent and that the term of this agreement shall be for as long as both parties agree). 2. The County agrees that it will maintain parking areas, bathrooms and picnic facilities and trash receptacles for the use and enjoyment of the Operators. 3. The County agrees that Operator may use the Fairgrounds as a point to load and/or disembark the passengers of their rafts and river boats. 4. The Operator agrees that the larger vehicles (usually defined as a vehicle which has the capacity to carry more than 16 people including vehicles attached to trailers, trailers and buses) may be parked in the Fairgrounds parking lot as well as smaller vehicles (usually defined as a vehicle with a capacity of 16 or less persons) but all parking is subject to availability as determined by the County. 5. The Operator agrees that it and its passengers will keep the Fairgrounds in a clean manner, disposing of trash in the receptacles provided. 6. The Operator agrees and understands that the Fairgrounds will be used for a variety of functions separate and distinct from the Operator's use and that its use is not exclusive; Operator shall not inhibit the usage of the Fairgrounds by others. 7. Both parties agree that the County may close off the use of the Fairgrounds to the Operator for specific events if the County so deems necessary and that the County will give 14 days advance notice of said closing date to the Operator; The County will close the Fairgrounds from July 26 thru August 6, 2005. 8. The Operator shall pay a fee to the County for the use of the Fairgrounds. Each Operator shall pay the County a payment of $200.00 on or before July 15, 2007 (This date of deposit is flexible if agreed upon by both parties). 9. The Operator agrees that it will truthfully and accurately send a year end report to the County regarding the number of its paying customers and acknowledges that the County may audit the reporting of the Operator at the end of the season with the amount recorded at the Bureau of Land Management. The Operator will be responsible for the year end report to the County or lose the privilege of using the Fairgrounds and face any monetary penalties associated with the County Resolution No. 93-58. 10. The parties further agree that the Operator and its customers, through the Operator, waive any liability on the part of the County for any injuries that may occur during the raft trip or use of the Fairgrounds. The Operator agrees that it is solely responsible for the welfare of its customers to the extent that those parties agree and that no liability is imputed to the County. Furthermore, Operator agrees, to the fullest extent permitted by law, to indemnify, hold harmless and defend Eagle County Government, its officers, deputies, employees, and agents harmless from and against any and all claims arising from the Operator and its customers' use of the Property or from the conduct of any activity, program, or thing that may be permitted or suffered by Operator and its customers in or about the property, except that Operator shall not be liable for any claim, loss, damage, cost, charge or expense arising solely out of any negligent act by Eagle county, or any of their officers, agents or employees. 11. The Operator shall obtain general liability insurance naming Eagle County as additional insured, and shall be carried in the minimum amount of $500,000 per injury and $1,000,000 per occurrence for coverage of claims for damages arising from Lessee's use of the Fairgrounds, including but not limited to personal injury and death, property damage, and other damages imposed by law upon the parties hereto. Lessee agrees to provide the County with a Certificate of Insurance acceptable to the County, naming Eagle County as "Additional Insured" within a time frame agreed to by the parties. 12. The Operator agrees that lack of performance with the terms of this agreement shall result in immediate termination of usage of the Fairgrounds. IN WITNESS WHEREOF, signed this _I -day of , 2007. COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, By and Through Its BOAR COUNTY COMMISSIONERS Clerk to the Board of M. Menconi, County Commissioners ®Loa ' Chairman NOVA GUIDES, INC. By: The Operator