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HomeMy WebLinkAboutC08-370LEASE AGREEMENT Between THE COUNTY OF EAGLE, STATE OF COLORADO and Javier Terrazas This LEASE AGREEMENT entered into this _24_ day of -October , 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, _Javier Terrazas _(hereinafter referred to as "Lessee"). Business Name (Lessee): Contact Name: Address: Business phone #: _Javier Terrazas/Maria Lujan PO Box 8132 Avon, CO 81620 -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, _Javier Terrazas _, 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: ^ Cancellation Provision does not apply. X Cancellation Provision applies. 2. PURPOSE -Lessee's use of the leased premises is solely for: 1 15th Birthday Party 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: ^ Commercial /Non -Resident X County Resident ^ Non-Profit 4. PERIOD OF AGREEMENT -The term of this Lease Agreement shall be, check applicable category: Month /Day X Exhibit Hall- 10:00 a.m. on 10/25 , 2008, to 10:00 a.m. on , 2008. 0 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: 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) 2 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 Hall /North Lawn Livestock Barn (Indoor Arena) West Parking Lot Horse Stalls/East Parking Lot North Lawn/Picnic Area Events Office Warm-Up/Practice Arena (Outdoor Arena) Concession Stand Eagle River Center Exhibit A 100.00 500.00 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G _ Exhibit H 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, TOTAL AMOUNT DUE :...................................................................... 500.00_ ...................... 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: 5/12/2008 Balance of Damage Deposit and Fees Date Due: Date received: Educational Event Fee Waiver Applies Facilities Admission Surcharge (FAS) Applies 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. 4 _n/a Initials here stating that you read the following rules and regulations Animal Welfare: County Regulations and PRCA Animal Welfare Guidelines Set Standards for Rodeo Eagle County strictly prohibits the events of horse tripping and steer tailing at any/all rodeos. Eagle County adheres to the PRCA Animal Welfare Guidelines and Set Standards for Rodeo. Members of the Professional Rodeo Cowboys Association believe, as do most people, that animals should be treated humanely. The PRCA staunchly protects its animals with rules designed to insure proper care and treatment. More than 60 rules and regulations that govern all aspects of care, treatment, travel and competition are a part of the PRCA's animal welfare program. A veterinarian is required to be on-site at all PRCA rodeo performances and sections of slack. (Youth Rodeos may not be subject to this requirement) The PRCA publishes factual information regarding humane treatment of rodeo livestock. In addition, the PRCA has educational information available to schools, 4-H and FFA clubs, rodeo committees and others interested in learning more about the PRCA and the animals involved. PRCA Animal Welfare Rules The 60 rules and regulations that are a part of the PRCA's extensive animal welfare program are enforced by professional rodeo judges on-site at each PRCA sanctioned event. The following are a few of the rules that safeguard the animals: • No locked rowels, or rowels that will lock on spurs may be used on bareback horses or saddle broncs. Spurs must be dulled. • Animals for all events shall be inspected before the draw. No sore, lame, or sick animals, or animals with defective eyesight, shall be permitted in the draw at any time. • A rodeo committee shall insure that a veterinarian is present for every performance and section of slack. • If a member abuses an animal by any unnecessary, non-competitive or competitive action, he may be disqualified for the remainder of the rodeo and fined $250 for the first offense, with that fine progressively doubling with each offense thereafter. Any member guilty of mistreatment of livestock anywhere on the rodeo grounds shall be fined $250 for the first offense, with that fine progressively doubling with any offense thereafter. • No stock shall be confined or transported in vehicles for a period beyond 24 hours without being properly fed, watered and unloaded. • No timed-event cattle that have been used may be held over from one calendar year to the next. • All team roping cattle shall be protected by horn wraps. 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.org/animals/ 5 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. 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 6 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?... 10. INDEMNIFICATION - .........................................................................................'.YES NO 7 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, 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: ^ Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private P~Y• ^ 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 li uor license received?~ ...............................................................YE 9 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 8 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 persannel 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 confirmation 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? ..................................................................................................................... NO Proof of security provided? ...................................................................................................... ES 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: 590 Broadway Eagle, CO 81631 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 of the Lessee and/or attendees is in jeopardy or if the County deems the facilities necessary for a public emergency. 9 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. 10 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 (ark Shivley ~ Operations and Maintenance Manager LESSEE Name, Title: ~tL~'. ~~~t~~~ STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this ___~~ day of ~~+~~~'~2008, c by ~ ~ My commission expires: ~ a ` Notary Publi y~k~ei1!`{~~,Iry~~i .ate ,r. ~~~ ~G._ 11 ACORDrM CERTIFICATE OF LIABILITY INSURANCE GATE (MM/DD/YYYY) 10/21/08 PRODUCER 1-303-773-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur s. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6399 5. Fiddlers Green Cir ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 Contact: Anita Bruner INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA.EVEREST NATL INS CO 10120 Eagle County. Colorado INSURER B PO Box 850 INSURERC Eagle CO 81631 INSURERD , 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 DD' POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER T AT LIMITS A X GENERALLIABILITY 70GL000367-081 07/01/08 07/01/09 EACHOCCURRENCE $1,000,000 X COMMERCIALGENERALLIABILITY DAMAGE TO REN E PREMISES Eaoccurence $50,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ Excluded X Tenant User Liability PERSONAL&ADVINJURV $ 1,000,000 GENERAL AGGREGATE $ None GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS-COMP/OPAGG $ 1, 000, 000 POLICY PR7 LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acadent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per acadent) PROPERTY DAMAGE (Per acadent) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WCSTATU- OTH- WORKERSCOMPENSATION AND R _ M TS R EMPLOYERS' LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED'+ E L. DISEASE - EA EMPLOYEE $ It yes, describe under SPECIAL PROVISIONS below E L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY EN DORSEMENT I SPECIAL PROVISIONS Maria Lujan is named additional insured as respects General Liabilty coverage for the following scheduled event: Quinceanera, 100 people, at Eagle County Fairgrounds on October 25, 2008. CFRTIFICATF HOI I]FR CANCELLATION SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Maria Lujan DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOx 2722 REPRESENTATIVES Avon, CO 81620 AUTHORIZED REPRESENTATIVE Q~ (~ USA ~ -/- \ \ )~\ ACORD 25 (2001/08) anibru ©ACORD CORPORATION 1988 10117185 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 cond+tions of the 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 Box 1528•Vail, Colorado 81658 Phone (970) 949-1918•Fax (970) 524-5686 Cell phone (970) 390-8510 AGREEMENT WHEREAS, Lone Star Security & Safety Services, has offered to perform security services, and perimeter control for The Terraza Quincinera at the Eagle county Fairgrounds. WHEREAS, the undersigned, has agreed to employ Lone Star Security & Safety Services to perform the services explained herein, and by it's signature below or signature of its authorized agent hereby accepts the terms of this offer, now therefore. IT IS HEREBY AGREED between the parties that Lone Star Security & Safety Services on the 25th day of October 2008 at the designated times at the designated location in Eagle, Colorado. Lone Star Security & Safety Services will provide 3 security officer(s) for the designated location. The type of engagement for security services to be provided by Lone Star Security & Safety Services shall be as follows: internal & perimeter security. The wage and/or cost for services will be $15 per officer per hour for a total of 15 man-hours or $225.00. IT IS FURTHER AGREED that the above scheduled event shall take place at the designated establishment in Eagle, Colorado. IT IS FURTHER AGREED between the parties that unless after accepting this Agreement this Agreement is canceled by Javier or Maria Terraza 5 days prior to the start date, a 50% or $112.50 cancellation fee will be paid to Lone Star Security & Safety Services at the above address no later than 5 business days after event date. IT IS FURTHER AGREED that payment will be remitted 10 business days from the end of the contractual obligation to the above address. Penalties and/or late fees may be charged for any and all past due balances. IT IS FURTHER AGREED and intended by both parties that the terms and conditions as set forth herein are the total terms and conditions of the 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 terms or conditions shall be in writing attached hereto and executed with the same authority as this document. We the undersigned do agree to accept the terms and conditions of this offer made by Lone Star Security & Safety Services. NOTE: PLEASE READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO SIGNING Lone Star Security & Safety Services: Date: Javier or Maria Terraza: Date: