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HomeMy WebLinkAboutC09-191 Bureau of Land Management9703283599 eagle cty it 09:26:47 a.m. 01-23-2009 1/11 C~,~~- I~ l LEASE AGREEMENT Between THE COUNT~' OF EAGLE, STATE OF COLORADO and _Bureau of Land Management_ This LEASE AGREEMENT entered into this~~ da of _ r~ I~ _ y ,~y and between the Boazd of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and, _Bureau of Land Management_(hereinafter referred to as "Lessee"). Business Name (Lessee); _Bureau of Land Management Contact Name: _Fran Ackley_3028 E. Main Canon City, CO 81212 Business phone #: -1~- Sll Home Phone #: Cell # 1-719-429-0704 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 IO-I1-103, C.R.S., as amended; and WHEREAS, Fran Ackley_ _, 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 SCOPE - The County does hereby lease to the Lessee the following premises, as indicated and marked under paragraph six below, situated wiihin the Eagle County Fairgrounds properiy, 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. ^ CanceIlation Provision applies. 2. PURPOSE -Lessee's use of the leased premises is solely for: IV 9703[83599 eagle dy it _Wild Horse Adoptions 09:27:11a.m. 01-23-2009 2/11 Estimated number of ersons attendin f~~ p g: ~. . Estimate as accurately as possible. NOTE: Lessee may forfeit any damage deposits rnade 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 muitiple facilities involving vendors andlor exhibitors must provide a building and site event iayout plan for approval. 3. FEE CATEGORIES - Refer to the Eagle County Fairgrounds Policies and Procedures Manual for criteria. Check applicable use category below: 0 Commercial / Non - Resident ^ County Resident X Non-Profit 4. PERIOD OF AGREEMENT - The term of this Lease Agreement shall be, check applicable category: Month / Day ^ Exhibit Hall- 10:00 a.m. on , 2009, to 10:00 a.m. qn , 2009. X Other facilities high use days- 7:00 a.m. to 12:00 p.m. or~ r6/6-6/7 , 2009. ^ Other facilities low use days- 7:00 a.m. to 10:00 p,m. on , 2009. ~ 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 Iaw, (food vendors must contact the Eagle County Community Development Department- Environmenta] 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 thirtv (30) 2 9703~83599 eagle cty it 09:27:28 a.m. 01-23-2009 3/11 days prior to the event for the Arena and Grandstands. Events in the Arena and Grandstands 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 terminating and voiding this Lease Agreemeni. A_cancellation fee_of $25 will be withheld from ihe initial damag~ deposit if th~ ~,u~~ event is canceled within two weeks of the event. Cancellation policy for the Arena and r2~~ Grandstands- Events canceled more than six (60) days prior to a reserved event shall receive a~~~ a full refund of damage deposit and fees paid. Events canceled less than six {60) days prior to ~~~.~~ " a reserved event sha11 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 thirtv (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 re.fer to "exhibits" attached to this contract for facility fees. , ~ , Exhibit(s) indicating facilities, damage deposits and fees attached? ..................................... YES NO Check all that apply: Parking Lots Included with Lease Pro-rodeo Arena and Grandstands Exhibit Hall / North Lawn Livestock Bam (Indoor Arena) West Parking Lot Horse Stalls/East Parking Lot North Lawn/Picnic Area Events Office Wann-Up/Practice Arena (Outdoor Arena) Concession Stand Eagle River Center Additional Charges for Tom and Tractor 8hrs total Combined Damage Deposit for multiple facilities use Fee _200.00_ N/A 50.00 _50.04_ Damage Deposit 500.00 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I 3 9703283599 eagle dyit $500 no alcohol /$1,000 alcohol served or sold Total Dama~e Deposit Due; / Total Fees Due: 300.00 09:27:48 a.m. 01-23-2009 4/11 TOTAL AMOUNT Di.TE : .................................................................._........... Minus 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 _500.00 .......... 804.00 ...._250.40 .... 550.00 LITIES ADMISSION SURCHARGE POLICY- A Fac~ ' Admission Surcharge (FAS) of $.50 per seat sold or five percent (5%) of revenues colle whichever is greater, shall be paid by all users who charge a g ission fee, to the general pu ' or admission to their event. These events include are not limited to, craft shows, concerts, rodeos, tradeshows or livestock s. Eagle County will allow users to provide their own n ed admission tickets e event. Eagle County staff shall have the right to inspect tickets and ' or tick es periodically throughout the event. Within forty-eight (48) hours after the even oncluded, the user shall submit to the Fairgrounds office a total count of tic sold for t nt. If the user fails to notify the Fairgrounds office within foriy- ' 48) hours after the eve the total number of tickets sold, then the count used ermine payment to the County shall be aximum occupancy of the facility. ~rgrounds office will bill the user within five (5} 'ng days and payment sh due no later than 34 days after receipt of billing. Failure to p FAS char in 30 days after an event may result in cancellation of future events and/or lo right to book future reservations at the Eagle County Fairgrounds. *Please make checks payable to Eagle Counry. 4 9703~83599 eagie cty it 09:28:05 a.m. 01-23-2009 5/11 ~ _ Initials here stating that you read the foUowing rules and regulations esigned to ins proper care and treatment, More than 60 rules and regulation at govern al1 aspects of care, tr tment, travel and cornpetition are a part of the PRCA's an' al welfare program. A veterin ' is required to be on-site at all PRCA rodeo perfo ces and sections of slack. (Youth Rodeos ay not be subject to this requirement) The PRCA publishes fact information regarding humane treatmen f rodeo livestock. In addition, the PRCA has edu tional information available to schoo , 4-H and FFA clubs, rodeo committees and others interest in learning more about the PR and the animals invoived. ~nd Eagle unty strictly prohibits the events of horse tripping and steer tailing at any/all Eagie Co ty adheres to the PRCA Animal Welfare Guidelines and Set Standards for Members o he Professional Rodeo Cowboys Association believe, as do most peopl , animals shoa be treated humanely. The PRCA siaunchly protects its animals wi d PRCA Animal WeNare Rules Ttte 60 rules and regulations that are art of the PRCA's tensive animal welfare program are enforced by professional rodeo judges -site at each P A sanctioned event. '" The following are a few of the rules that • No locked rowels, or rowels that wiIl saddle broncs. Spurs must be dulled. animals: spurs may be used on bareback horses or • Animals for all events shall be insp ted be or animals with defective eyesi~ , shall be the draw. No sore, lame, or sick animals, ~tted in the draw at any time. • A rodeo committee shall ins~that a veterinarian~present for every performance and section of slack. / r ~ • If a member abuses an imal by any unnecessary, non-c petitive or campetitive action, he may be di alified for the remainder of the rode and fined $250 for the first offense, with that e progressivety doubiing with each offen thereafter. Any member guilty of mistre ent of livestock anywhere on the rodeo grou shall be fined $250 for the first offen , with that fine progressively doubling with any o se thereafter. • No stock s 11 be confined or transported in vehicles for a period bey 24 hours without ing properly fed, watered and unloaded. • No t' ed-event cattle that have been used may be held over from one calen year to the • ~All team roping cattle shall be protected by horn wraps. copy of the PRCA Animal Welfare Guidelines and Set Standards is on file at office and can also be obtained at http:l/www.prorodeo.org/animals/ 9703283599 eagle cty it 09:28:44 a.m. 01-23-2009 6/11 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 eaeh stall oi -~en used. The user is~esponsibt~-tv ~~ave tfre-prenri~~ a~lea~- ancl 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• rized all ov~~ners of animals shall hold the county harmless an 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 stalt or pen. D. Unless authorized by the county, oniy 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 a post-event walk through. If the Leased Premises are left in a clean, usable and undamaged condition, the damage deposit will be refunded in full to the Lessee within approximately four (4) weeks. If Lessee fails to . clean the Leased Premises to the satisfaction of the County, or if the Leased Premises incur any 6 9703283599 eagle cty it 09:29:16a.m. 01-23-2009 7/11 damage during the Lessee's occupaincy, all cleaning and damage expenses incurred by the County shall be deducted from the damage deposit. ~h~t~ „., rl,~+ ~.,,:*1,;., rl,;,~t ,~m a,~ .,F 1,'li' I.~SSS~3gI'EeS IQ ~mm~lv with tha fa r~r G11~Iy cleaning procedures contained in the Eagle County Fairgrounds Policies and Procedures Mannal. ^ Concessionaire and Housekeeping supplemental agreement reyuired. i RULES AND REGULA'I'IONS - Lessee agrees to abide by the Eagle County Fairgrounds Rules and Regulations as set forth in the "Eagle County Fairgrounds Policies and Procedures Manuai- Rutes and Regulations", attached hereto and made a part hereof by this reference. Lessee is responsible for enforcing the Rules and Reguiations during its event and with all guests and participants. : SURANCE FOR EVENTS - Eagle County requires all users (Lessees) to p and maintai ce as described below under paragraph A insuring a" claims, damages, losses or expen out of or resulting from the us eased premises. The county does not provide Lessees or sts ins rotection. Insurance certificates shall name Eagle County as an "Additiona . e agrees to provide the county with a Certificate of Insurance acce o the county, naming nty as an "Additional Insured" fourteen prior to commencement of this Lease Agreeme . •ance may be avail ough CTSI's Tenant User Liability Insurance Program ('1'ULIP), c% r agher & Co. 1-303-889-2614. General Liabilitv Coverage shall be carried in the minimum amount of $500,000 injury 1,000,000 per occurrence for claims or damages arising from Lessee's of the Fairgrounds, i ing but not limited to personal injury, death, property e, and other damages imposed by n the parties hereto. The County requires all Les o purchase and maintain ins e as described below under paragraphs A, B& C, insuring again laims, dam , osses or expenses arising out of or resulting from the use of the leased premises. County does not provide Lessees or their guest's insurance protection. Insuranc cficates sha e Eagle County as an "Additional Insured". Lessee agrees to pro ' e County with a Certifica nsurance acceptable to the County, naming Ea 1 ounty as an "Additional Insured" fourtee 4 days prior to commencemen e Lease Agreement. Insurance may be available through 's Tenant User L' tty Insurance Program (TULIP), c% Arthur J. Gallagher & Co. at 1-8 - Proof of Insurance attached? 10. INDEMNIFICATION - ................................................................................................YES NO 7 9703283599 eagle cty it 09:30:04a.m. 01-23-2009 8/11 "~ e extent permitted by law, any Lessee or User(s) shalI indemnify, defend and hold the Count ess from and against any and all claims arising from the Lessee or Use e of the Eagle Coun ' rounds and associated structures, or from the conduct e Lessee or •• _ _ ser(s) of any activity, or thing that may be permitted or s y the County in or about the EagIe County Fairgro cept that neither the or User(s) will be liable under this paragraph for any claim, loss, cos ge or expense arising out of any negligent or intentional act of the County. T User(s) shall also indemnify, defend and hold the County harmless from a inst any and a arising from any breach or default in the performance of igation on the Lessee or User to be performed under the provisions of thes cies and procedures or arising from any negligen ,• clessness, intentional act missians of the Lessee or User(s) from any and all costs, attorne expen liabilities incurred in the defense of any such claim or action or proceeding bro y such claim. 1. COHOL CONSUMPTION- Lessee is responsible for complying with the State Co liquor laws. Alcoholic beverages may be served inside the E' all, in connection wt 'vate party, without a liyuor license. Alco not allowed for any youth {under 21) even rdless of the age of t6 see. ANY Lessee requesting to sell liquor must procure a vali ' e ~quor license. Special events liquor licenses may onty be obtained by ofit o ' tions recognized by the State of Colorado. Lessee ackno es that the "sale" of beer coholic beverages includes indirect sale, fo ple by cover charge, single - price admissio , tions or tips. Please ct the Eagte County Clerk and Recorder's o~ce for more inform ' eck 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 atcohol on the r -~ p emises. Proof of special events liquor license received? ...................... ........... ......YE 0 ents where alcohol is served, consumed reasonably expected to be , e rovided. The Lessee shall or providing security from a bonded security company 8 9703283599 eagle cty it 09:30:45 a.m. 01-23-2009 9/17 ' ed security by contacting the Eagle County Sheriff's Department at the rate of $50 hour. ve~its where attendance is expected to be greater than 50 persons, securit be provided o below stated schedule: -- 50 to 100 in atten e 1 uniformed personn 100 to 150 in attendanc 2 uniformed el l 50 to 200 in attendance 3 unifo personnel 200-1000 in attendance ormed personnei more than 1000 in attendance 5 unt ed personnel plus one additional unifo personnel for eac itional 1040 attendees. When required, b guidelines above, Lessee shall provide, at ole expense, uniformed security for ts. Lessee shall provide a written, signed confirmatio the Fairgrounds Man ffice no less than seven (7) days prior to the event. Security m e arranged ugh a bonded security firm or the Eagle County SherifFs Department. ^ Events with 500 or more in attendance require EMT service on-site. ~ Security required? ......................................................................................................................YES 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; .}~eaf -- ---- ---------___, Y..,.,. .,. ...y...a~u . . The key must be returned to the County no later than the first business day foilowing the end of the Lease Agreement. Keys must be returned to the Fairgrounds O~ce at: 590 Broadway Eagle, 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 withoat the 1~.5. ~AN express, written consent of County which the County may grant or deny in its sole discretion. a~~,gK County's consent to any such assignment does not constitute its agreement to consent to any ~e~ ra( other assignment. Unless County's written consent to an assignment expressly states to the (~I~~~ contrary, Lessee's assignment of atl 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. 9703?53599 eagle cty it 09:31:59 a.m. 01-23-2009 10/11 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 parCies. C. This Lease Agreement embodies the whole agreement between the parties hereto. There aze no inducements, promises, terms, conditions, or obligations made or entered into by either the County or Lessee other than ihose 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~es~et~~ves~e ,.~...,, ~.,,~a ., ., ~...,n rLessee' ~ SeE1t ~[MLt~ ~reY1~ t~-2 l~l1i'~O~ ~ 5 F. This Lease Agreement shali be governed by the laws of~e~erer~e~ Venue and jurisdiction for any dispute arising from or out of this Agreement shall lie with the ~e~etal U~s~r~ Cok~~. ~ IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement. One original shall be kept on file with the County and one copy wil] be delivered to Lessee. 10 f 970'283599 eagle cty it 09:32:41 a.m. 01-23-2009 11l11 THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through ~J r~ ~~, _ _ - --~-- `-(_~^~'_~ - Name, Title: . ST,yTE OF COLORADO )ss County of Eagle ) The foregoing was acknowiedged before me this r~ day of ~J~ 2009, c p - ~) bY ` 1 My commission expires: .~ 0~7/~~~ Notary Public ~`„~°M YY~``y~~i .' .9 ey 68 m ~~ r e ~~~' ~. ~ ' r`' % ~ 1~•~; ~ (~ "~ ~`c ~ 1~; ~ ~e _ .--~°~, °er~- ° ~; ~ ~~'~ °, ~ (J ~ 4-'~ C'.° ~'~~ i~'`ef9 ~ °An e • 6 . e ~ ~L.^~''~°~``~~.e'E,l TJ! Q'i A ~ C~~ ~,~d~ ~ ~~ ~, ~' ~ . .y~~, ffi.:tzq~c~• r,fa,- f::t = 11 Clark ~hivley ~ Operations and Maintenance Manager . , . .~ LESSEE United States Department of the Interior ~U.S.DlPo1RfMlMO~IHlINRAIOR wouu ov uwo iw+.c..uw~ ~-~ 1 ~ BUREAU OF LAND MANAGEMENT Colorado State Office 2850 Young~eld Street Lakewood, Colorado 80215-7076 IN REPLY REFER TO: Apri17, 2009 www.co.blm.gov Tanya Dahlseid Eagle County Fairgrounds P.O. Box 850 Eagle, CO 81631-0850 Dear Ms. Dahlseid: Enclosed is the signed rental agreement for the wild horse & burro adoption June 5& 6, 2009. Approximately 45 animals will be arriving around noon on June 5 and any that are not adopted will be loaded out early the morning of June 7. With regards to the requirement for insurance, the federal government is self insured and cannot use appropriated funds to purchase insurance. Therefore, the Bureau of Land Management (BLM) cannot provide an insurance certificate as required by your policy. Additionally, the federal government is prohibited by law from indemnifying as directed by the Anti-Deficiency Act (31 U.S.C. 1341). You will note that a few other modifications and deletions have been made to the agreement in order to make the agreement compliant with federal law. BLM employees and volunteers will be taking care of and handling the animals as well as conducting the wild horse and burro adoption. Under no circumstances will BLM employees or volunteers be considered as employees of Eagle County. Furthermore, BLM employees and volunteers, as a condition of employment or volunteer service with BLM, are covered under the Federal Employees Compensation Act and the Federal Tort Claims Act (28 U.S.C. 2671 - 2680). BLM agrees to be liable for injuries, damages, or claims relating to persons or property to the extent allowed by the Federal Tort Claims Act. Also enclosed are two checks, one in the amount of $500 for the damage deposit and one in the amount of $300 for the rental fees. If you deposit the rental fee check prior to our arrival, please fax an invoice to 719.269.8599. Please call me at 719.269.8511 if you have further questions. Thank you for help in conducting this wild horse and burro adoption. Sincerely, ~J~~"~ Francis Ackley Wild Horse Program Leader Colorado State Office