HomeMy WebLinkAboutC08-354LEASE AGREEMENT
Between
THE COUNTY OF EAGLE, STATE OF COLORADO
and _TAP Enterprises,
This LEASE AGREEMENT entered into this ;~ day of _October , 2008, 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, TAP Enterprises(hereinafter referred to as "Lessee").
Business Name (Lessee): _TAP Enterprises_
Contact Name: Christine Hudec
Address: ___343 North Main Fremont, NE 68025_____
Business phone #:_1-800-989-3295 Home Phone #: Cell # _
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, Christine Hudec_, 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
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- 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.
2. PURPOSE -Lessee's use of the leased premises is solely for:
°i`P+P,
~{~Tool Sale
3.
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5.
Estimated number of persons attending: _50_. 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.
FEE CATEGORIES -Refer to the Eagle County Fairgrounds Policies and Procedures Manual
for criteria. Check applicable use category below:
X Commercial /Non -Resident
^ County Resident
^ Non-Profit
PERIOD OF AGREEMENT -The term of this Lease Agreement shall be, check
applicable category: ~('
~ ~ ~.
~,~ ~~ ~ Month /Day
X Exhibit Hall- ~ '1'~~ 10:00 a.m. on _11/4-11/6 , 2008, to
~i(~ 10:00 a.m. on , 2008.
^ Other facilities high use days- 7:00 a.m. to 12:00 p.m. on , 2008.
^ Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2008.
^ Term for multiple date lease shall be: _ _____ _ ~_
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)
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days prior to the event for the Arena and Grandstands. Events in the Arena and Grandstands
must be reserved no less than sixt (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 u00.00 500.00 Exhibit B
Livestock Barn (Indoor Arena) Exhibit C
ERC Parking Lot 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
Eagle River Center Exhibit J
Midway parking Exhibit K
Lower Event Parking Lot Exhibit L
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Combined Damage Deposit for multiple facilities use
$500 no alcohol / $1,000 alcohol served or
sold
Total Damage Deposit Due: !Total Fees Due
TOTAL AMOUNT DUE :..............................................
Minus one-half damage deposit due :............................
Balance due after one-half damage deposit received: .
Damage Deposit Date Due:
Date Received:
Balance of Damage Deposit and Fees Date Due:
Date received:
Educational Event Fee Waiver Applies
Facilities Admission Surcharge (FAS) Applies
600.00 _500.00
..........................................1,100.00
....................................... 250.00
....................................... 850.00
10/19/2008
FACILITIES ADMISSION SURCHARGE POLICY-
A Facilities Admission Surcharge (FAS) of $.50 per seat sold or five percent (5%) of gross
revenues collected, whichever is greater, shall be paid by all users who charge a gate admission
fee, to the general public, for admission to their event. These events include, but are not limited
to, craft shows, concerts, dances, rodeos, tradeshows or livestock events. Eagle County will
allow users to provide their own numbered admission tickets for the event. Eagle County staff
shall have the right to inspect tickets and monitor ticket sales periodically throughout the event.
Within forty-eight (48) hours after the event has concluded, the user shall submit to the
Fairgrounds office a total count of tickets sold for the event. If the user fails to notify the
Fairgrounds office within forty-eight (48) hours after the event of the total number of tickets
sold, then the count used to determine payment to the County shall be the maximum occupancy
of the facility. The Fairgrounds office will bill the user within five (5) working days and
payment shall be due no later than 30 days after receipt of billing. Failure to pay the FAS
charge within 30 days after an event may result in cancellation of future events and/or loss of
the right to book future reservations at the Eagle County Fairgrounds.
*Please make checks payable to Eagle County.
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Combined Damage Deposit for multiple facilities use
$500 no alcohol / $1,000 alcohol served or
sold
Total Damage Deposit Due: /Total Fees Due: 600.00 _500.00
TOTAL AMOUNT DUE :........................................................................................1,100.00
Minus one-half damage deposit due :...................................................................250.00
Balance due after one-half damage deposit received:
.................................. 850.00
Damage Deposit Date Due:
Date Received:
Balance of Damage Deposit and Fees Date Due:
Date received:
Educational Event Fee Waiver Applies
Facilities Admission Surcharge (FAS) Applies
10/29/2008
FACILITIES ADMISSION SURCHARGE POLICY-
A Facilities Admission Surcharge (FAS) of $.50 per seat sold or five percent (5%) of gross
revenues collected, whichever is greater, shall be paid by all users who charge a gate admission
fee, to the general public, for admission to their event. These events include, but are not limited
to, craft shows, concerts, dances, rodeos, tradeshows or livestock events. Eagle County will
allow users to provide their own numbered admission tickets for the event. Eagle County staff
shall have the right to inspect tickets and monitor ticket sales periodically throughout the event.
Within forty-eight (48) hours after the event has concluded, the user shall submit to the
Fairgrounds office a total count of tickets sold for the event. If the user fails to notify the
Fairgrounds office within forty-eight (48) hours after the event of the total number of tickets
sold, then the count used to determine payment to the County shall be the maximum occupancy
of the facility. The Fairgrounds office will bill the user within five (5) working days and
payment shall be due no later than 30 days after receipt of billing. Failure to pay the FAS
charge within 30 days after an event may result in cancellation of future events and/or loss of
the right to book future reservations at the Eagle County Fairgrounds.
*Please make checks payable to Eagle County.
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A complete copy of the PRCA Animal Welfare Guidelines and Set Standards is on file at the
Fairgrounds office and can also be obtained at http://www.prorodeo.orglanimalsl
BOARDING ANIMALS
A. Unless authorized by the county, the boarding of animals is prohibited on fairgrounds
property. When authorized, user shall pay a $25.00 deposit and $5.00 per day fee for
each stall or pen used. The user is responsible to leave the premises in a clean and
undamaged condition. Cleaning and damage expenses shall be deducted from the
deposit and/or additional charges shall be assessed to the user in the event the premises
are not left in a clean and undamaged condition.
B. If boarding of animals is authorized, all owners of animals shall sign a lease agreeing to
hold the county harmless and assume full responsibility for all claims asserted against
the county.
C. Users shall be responsible for the daily cleaning of stalls and holding pens. If the user
fails to clean any stall or pen, the county shall clean them and charge the user
$25.00/day per stall or pen.
D. Unless authorized by the county, only one horse or mule shall be permitted in any single
stall.
E. Animals shall not be relocated from their assigned stalls.
F. The county reserves the right to inspect any animal kept on the fairgrounds property.
Incoming animals that appear sick shall not be admitted without a veterinarian's
certificate of health stating the animal is healthy. Any animal that
contracts a contagious disease must be removed immediately from the fairgrounds at the
owner's expense.
G. Owners of any animal kept on the fairgrounds property shall be responsible for ensuring
that the animal is properly fed and watered on a daily basis. No bulk feed shall be
permitted in the barns at any time. The county shall designate a feed storage area.
H. Animals shall not be permitted to be kept or stalled in the arena area.
I. At the discretion of the county, the stalls and pens shall not be available for use on days
when scheduled events or maintenance is planned.
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 apost-event walk through.
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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.
^ 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 -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% 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 ('T'ULIP), c% Arthur J. Gallagher & Co. at 1-800-889-
2614.
Proof of Insurance attached? ....................................................................................................YES NO
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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 1000 in attendance 5 uniformed personnel
plus one additional uniformed personnel for each additional 1000 attendees.
When required, by the guidelines above, Lessee shall provide, at its sole expense, uniformed
security for events. Lessee shall provide a written, signed confirnlation to the Fairgrounds
Managers Office 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.
^ Events with 500 or more in attendance require EMT service on-site.
Security required? ......................................................................................................................YE
Proof of security provided? ........................................................................................................YE 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
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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 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.
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 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.
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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
LESSEE
Name, Title:
1031
STATE OF COLORADO )
)ss
County of Eagle )
The foregoing was acknowledged before me this ~~~ day of'~~~1~~~2008,
r
by ~-_\
Notary Public
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My commission expires: ~ o-? or? ~ l ~
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Facilities Management Department
