HomeMy WebLinkAboutC09-037 Jose ReyesLEASE AGREEMENT Between THE COUNTY OF EAGLE, STATE OF COLORADO and Jose Reyes _ _ This LEASE AGREEMENT entered into this ~~day of -December, 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, -Jose Reyes- _(hereinafter referred to as "Lessee"). Business Name (Lessee): _ Contact Name: -Jose Reyes- Address: Po Box 1711 Avon, CO 81620 Business phone #: -Home Phone #: -Cell # _376-5003 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-I1-103, C.R.S., as amended; and WHEREAS, -Jose Reyes-, 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: 15`" Birthday Party 3. 4. 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. 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 PERIOD OF AGREEMENT -The term of this Lease Agreement shall be, check applicable category: X Exhibit Hall- 8:00 a.m. on 8:00 a.m. on Other facilities high use days- 7:00 a.m. to 12:00 p.m. on Other facilities low use days- 7:00 a.m. to 10:00 p.m. on Term for multiple date lease shall be: Month /Day 12/6 , 2008, to 12/7 , 2008. 2008. 2008. 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 A Exhibit Hall /North Lawn 100.00 500.00 Exhibit B Livestock Barn (Indoor Arena) Exhibit C West 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 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: 11/1/2008 Balance of Damage Deposit and Fees Date Due: Date received: ~_a3 a 6~ 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/ 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. ~R- No cooking in the Exhibit Hall and Eagle River Center ^ 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 ('T'ULIP), 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 (TULIP), c% Arthur J. Gallagher & Co. at 1-800-889- 2614. Proof of Insurance attached? ....................................................................................................YES NO 7 10. INDEMNIFICATION - 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 party. ^ 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. .~ VL X Lessee shall not serve or consume alcohol on the premises. Proof of special events liquor license received? .......................................................................YE 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 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? .................................................................................................................. .Y NO Proof of security provided? .......................................................................................................YES 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 fox 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 9 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. 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 Clark Slhivley Operations and Maintenance Manager LESSEE Name, Title: STATE OF COLORADO ) )ss County of Eagle ) .~~ The foregoing was acknowledged before me this s~~~,,~_~day of _2008, by ~ C~ My commission expires: o~ av/~' Notary Publi Mores+~- ~ . ~ ACORD CERTIFICATE OF LIABILITY INSURANCE os Y""' ~~ o3 ~, ; / PRODUCER 1-303-773-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Riak Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6399 S. Fiddlers Green Cir ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 Contact: Anita Hruner INSURERS AFFORDING COVERAGE NAIC# INSURED Colorado le Count E INSURER A.EVSRSST NATL INS CO 10120 y, ag INSURER B' PO Hox 850 INSURER C: Eagle, CO 81631 INSURER D: 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 NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A X GENERAL LIABILITY 70GL000367-081 07/01/08 07/01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMA PREMISES Eaoccurence $ 50, 000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 8xcluded X Tenant Uaer Liability PERSONAL&ADVINJURY g1, 000, 000 GENERAL AGGREGATE $ None GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $1,000,000 POLICY PRO- LOC AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJ RY SCHEDULED AUTOS U (Par person) $ HIRED AUTOS B D Y IL INJURY O $ NON-OWNED AUTOS (Per accident) PR P ERTY DAMAGE O $ (Peracadent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTOONLY• AGG $ EXCESS/UMBRELLALZABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERSCOMPENSATION AND ' WCSTATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 If E.L. DISEASE - EA EMPLOYEE $ es, describe under SPECIAL PROVISIONS below E L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BYENDORSEMENT/ SPECIAL PROVISIONS Jose Reyes is named additional insured as respects General Liability coverge,for the following scheduled event: Quinceanera for up to 200 people, December 6, 2008, at Eagle County, Colorado. VAIY~rCLLA I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION JOee Reyee 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 PO HOx 1711 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ,Q/~~\ (\~) Avon, CO 81620 AUTHORIZED REPRESENTATIVE ~~-~~^^` USA r+~.vnv ca ~~uu uval An=a=u ®ACORD CORPORATION 1988 10237948 ACORD CERTIFICATE OF LIABILITY NS DATE (MM/DD/YYYY) rM I URANCE 11/03/08 PRODUCER 1-303-773-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Riak Management services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6399 S. Fiddlers Green Cir ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 Contact: Anita sruner INSURERS AFFORDING COVERAGE NAIC # INSURED l C C l E t d INSURERA EVEREST NATL INS CO 10120 ag e oun o ora y, o INSURER 8 PO Box 850 INSURER C 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 L R POLICY NUMBER T LIMITS A X GENERAL LIABILITY 70GL000367-081 07/01/08 07/01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAG O R NTED PREMISES Eaoccurence $ 50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ Excluded X Tenant IIser Liability PERSONALBADVINJURV $1,000,000 GENERAL AGGREGATE $ None GEN'LAGGREGATELIMITAPPLIESPER. PRODUCTS-COMP/OPAGG $ 1, 000, 000 POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANVAUTO (EaaccidenQ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accidenQ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUGTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND I T EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDE07 E L DISEASE - EA EMPLOYEE $ If es, describe under SPECIAL PROVISIONS below E L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Jose Reyes is named additional insured as respects General Liability coverge,for the following scheduled event: Quinceanera for up to 200 people, December 6, 2008, at 8agle County, Colorado. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION JOee Reyes 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 1711 REPRESENTATIVES. Avon, CO 81620 AUTHORIZED REPRESENTATIVE ~ ~ (~ ACORD 25 (2001/08) anibru ©ACORD CORPORATION 1988 10237948 Page 1 of 1 Tanya Dahlseid From: EsgarAcosta@a{pinebank.com Sent: Wednesday, December 03, 2008 4:09 PM To: Tanya Dahlseid Subject: Jose Reyes 15th B-day We will have 4 guards @ 7pm-11 pm at the fairgrounds for Jose Reyes quincenera. Thank you EsgarAcosta Banking Officer Phone 970-748-5753 X3741 Fax 970-328-7210 205 E. Chambers Ave. PO BOX 70 Eagle CO, 81631 This communication is covered by the Electronic Communication Privacy Act. It may c 12/3/2008 RESPONSIBILITIES FOR CLEANING EXHIBIT HALL Name of party renting facility (please print) ,S~(3 `~Pi/~~ ~ /!liy'"~~~ Date of function ~ ~(~ Q AN INSPECTIO S REQUIRED BEFORE AND AFTER EACH USE BY EAGLE COUNTY FACILITIES MANAGEMENT EMPLOYEE IN THE PRESENCE OF THE RENTER. Inspection phone numbers: Mon-Fri 8:00 a.m. - 5:00 p.m. Office :328-8880 After hours emergency Pager:748-2223 All Check Ins & Check Outs -Mandatory 8:00 a.m A cleaning deposit has been required for the use of the Exhibit hall. All or part of this deposit will be returned to you or your organization based on the condition of the facility after your use. If any part of the facility needs to be cleaned to make the complex ready and presentable for the next function you will be charged a rate of $50.00 (fifty dollars) per hour minimum charge. Functions are to be over by 11:00 p.m. The facility is to be cleaned no later than 8:00 am. by the following day. The following are to be accomplished in satisfactory manner to ensure that you are not charged for cleaning. (RENTERS AND EMPLOYEE MUST INTIAL EACH ITEM) TABLES AND CHAIRS Check In Check Out All tables and chairs are to be wiped down and stored in the room wh r bt i d th 2 ~ ' g {° e e you o a ne em. 00 Renter- , Renter- - chairs, 40- Eft round tables, 3- 3x8ft rectangle tables Count - Coun TRASH All trash containers are to be emptied. (including b th Renter- Rent r ~ a rooms) New bags are placed in trash cans; ~ ., ready for the next function. Dumpster provided at the trash enclosure. Do not leave outside. Animals County- ~ 'S Count ~/ ~ will et into the trash. ' COUNTERS AND REFRIGERATOR Counters are to be wiped off, sink cleaned and Renter- Rente - ~ tL refrigerator emptied and wiped clean of any spills. ~ Nothing left behind!! County- ~,p.-yr) - 'F' Coun KITCHEN 8~ BATHROOMS These rooms are to be swept and mopped after Renter- Rent S ~. each use. Wet mop the entire floor, kitchen, bathroom l i i ~ s (c ean ng m rrors and sinks) Mop, bucket and cleaning supplies are located in the County Count S~^f; utilit closet. l./"(, DOORS AND WINDOWS All doors/windows are to be locked. If unlocked you Renter- ~ Renter- ~ 4Z will be responsible for damage, fire, loss. Failure to ~ ~ /~ secure the building will result in a $100.00 fine County-~ County'T/' retained from the de osit. FAIR GROUNDS Please pick up all trash from your function; including Renter- Renter ~ cans, bottles, papers, etc. S~ THIS IS ANON-SMOKING FACILITY!!!! County- ~-~ County RENTERS ARE RESPONSIBLE FOR ALL SETUP AND TAKE DOWN PROCEDURES! ~_Initial Eagle County Government -Facilities Management P O Box 850, Eagle, CO 81631 590 Broadway, Eagle, CO 81631 ~p. ~a>c - ~~ ~ Phone: (970) 328-8880 Fax: (970) 328-8899 ~,/0/1 ~ CCU g ~~ a~ FAIRGROUNDS FACILITIES 3 7~ - ~ °°3 LEASING INFORMATION Facility: ~X~)t`b~`f ~a 1 Date Requested. Name: ~)(~~-e, ~,e ~~S Event Description: ~~' `~~'~- ~, a~~ RENTAL FEES/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) days prior to the event for the Eagle River Center, Arena and Grandstands. Events in the Eagle River Center, Arena and Grandstands are booked on a first-come first-served basis and must be reserved no less than six (60) days prior to the event. Failure to pay the damage deposit and fee, as required, prior to the event will result in the loss of the lease. A cancellation fee of $25 will be withheld from the initial damage deposit if the event is canceled within two weeks of the event. All rates are subject to change. ~, Cancellation policy for the Eagle River Center, Arena and Grandstands -Events canceled more than six (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. DEFINITION OF FEE CATEGORIES COMMERCIAL AND/OR NON-RESIDENT -The standard commercial rate applies to any private individual (using the facilities for an event for which admission fees or other charges are imposed), for-profit organization, corporation, or non-Eagle County resident organization, youth or adult. EAGLE COUNTY RESIDENT -The Eagle County resident rate applies to any private individual residing within Eagle County, using the facilities for a private event. Eagle County residency may be validated by a Colorado driver's license or voter registration card. NON-PROFIT- The non-profit rate applies to any organization with a majority (80%) of its membership residing within Eagle County, sponsoring educational, civic, athletic, or public service events on anon-profit basis. Organizations must be registered with the State of Colorado Secretary of State's office and organized as anon-profit corporation under the laws of the State and/or as having non-profit status recognized by the Internal Revenue Service. Organizations must provide proof of non-profit status and incorporation to the Fairgrounds office. Eagle County residency may be validated by a Colorado driver's license or voter registration card. HIGH AND LOW USE DAYS -Fees for facilities usage are broken out according to the day of use. The following guidelines apply: High-use days -Friday thru Sunday Low-use days -Monday thru Thursday The classification of facility usage days above determines the applicable rental fees to be paid by the user. The daily rental fee for use of the facility shall apply respectively to the periods of operation of the facilities between the hours of 7 a.m. to ] ]pm on high-use days; and 7:00 a.m. to 10:00 p.m. on low-use days. The exhibit hall lease only is for a period of 24 hours from 8:00 a.m. to 8:00 a.m. Music and loud noise must cease by 1 1 pm on high-use days and l Opm on low-use days. There will be a mandatory check in and check out by an Eagle County Facilities employee for each event. 1 ~ ~_ CURRENT YEAR 2008 FEES: Facility Non -Profit County Resident Commercial /Non- Deposit Resident Pro Rodeo Arena /Grandstands $100 Fri-Sun $200 Fri-Sun $400 Fri-Sun $500 $50 Mon-Thurs $100 Mon-Thurs $300 Mon-Thurs Eagle River Center $200 Fri -Sun $300 Fri -Sun $500 Fri -Sun $500 $100 Mon -Thurs $200 Mon -Thurs $400 Mon -Thurs Livestock Barn/Indoor Arena $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun $500 $25 Mon-Thurs $50 Mon-Thurs $200 Mon-Thurs Exhibit Hall/North Lawn $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun $500 $25 Mon-Thurs $50 Mon-Thurs $200 Mon-Thurs Events Office $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun $500 $15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs Warm-Up/Practice Arena $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun None $15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs North Lawn/Picnic Area $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun $500 $]5 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs West Lot & Picnic Areas $50 Fri-Sun $100 Fri-Sun $300 Fri-Sun None $25 Mon-Thurs $50 Mon-Thurs $200 Mon-Thurs East Lot/Horse Stall Area $25 Fri-Sun $50 Fri-Sun $100 Fri-Sun None $15 Mon-Thurs $25 Mon-Thurs $75 Mon-Thurs Horse Stalls $5/day $5/day $10/day None Concession Stand $25/day Fri-Sun $50/day Fri-Sun $100/day Fri-Sun $500 $15 /day Mon-Thurs $25/day Mon-Thurs $75/day Mon-Thurs NP -Non-Profit CR -County Resident COMM or !NR -Commercial orNon-Resident Exhibit Hall Basic Information -Rental of the Exhibition Hall includes a 214-person seating capacity (40 tables and 214 chairs)/maximum occupancy, plus use of the restrooms, stage area, kitchen facilities, bar, and lawn area adjacent to the hall. 2 . .f ~ ~ I ~ I ~~ INSURANCE -The County requires all Users (Lessees) to purchase and maintain insurance as described (due date) 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 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., 1-800-333-3231. 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. ~~ ~ /~~ SECURITY -All events where alcohol is served, consumed or sold. Security can be obtained by contacting Eagle County Sheriff's Department (328-8537) at the rate of $50.00 hour. Eagle County Sheriff s office should be contacted first in the event they are not available a private license security company may be contacted. Events where attendance is reasonably expected to be greater than 50 persons shall provide security based upon the following 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 150-500 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 confirmation to the Fair & Rodeo Management Department no less than seven (7) days prior to the event. Security must be arranged through the Eagle County Sheriffs Department. MISCELLANEOUS - A lease agreement must be signed by Lessee and Eagle County no later than 24 hours prior to the event after all the requirements have been met. No glass containers or bottles are allowed on fairgrounds property. Music must end by 11:00 p.m.. Everyone must be ofd site by 12:00 midnight. Alcohol is not allowed jor any youth (under 2l) events regardless of the age of the lessee. No cooking in the Exhibit Hall and Eagle River Center. KEY DROP OFF - If all of the requirements have been met, Lessee may obtain a key to the leased premises from the Facilities Management office within 48 hours of the event. Leave the key in the drop box at the Exhibition Hall or at the Facilities Management office on the date agreed upon. A penalty of $10 per day will be retained for each day thereafter. NOTE -All of the above requirements, including time requirements, will be strictly enforced. Failure to comply with any of the above requirements will result in termination of agreement. 3