HomeMy WebLinkAboutC09-450 Roaring Fork Club Rotarior
LEASE AGREEMENT
Between
T'IIE COUNTY OF EAGLE, STATE OF COLORADO
and Roaring Fork Club Rotario
This LEASE AGREEMENT entered into this 11~~' day of September, 2009 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, Roaring Fork Rotary/Club Rotario (hereinafter referred to
as "Lessee").
Business Name (Lessee): Roaring Fork Rotary/Club Rotario
Contact Name: Elizabeth Ruiz or Jim Coombs
Address: 1030 Grand Ave Glenwood Springs, CO 81601
Cell phone: # 970-379-7075 (Elizabeth Ruiz)
RECITALS
WHEREAS, the County represents it is duly authorized to enter into this Lease Agreement pursuant to
Sections 30-11-101, 30-I 1-107, and 10-11-103, C.R.S., as amended; and
WHEREAS, Jim Coombs represents that he 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. Checl: whether or not cancellation provision applies below:
X Cancellation Provision does not apply.
Cancellation Provision applies.
~~~
2. PURPOSF. -Lessee's use oCthe leased premises is solely for:
-Dance and mutton bustin, bull riding, bareback riding and roping
Estimated number of persons attending: 700. 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 CATI:GORI ES -Refer to the Eagle County Fairgrounds Policies and Procedures Manual
for criteria. Check applicable use category below:
^ Commercial /Non -Resident
^ County Kesident
X Non-Profit
4. Ph:RIO1) OF ~~G12EEMENT -The term of this Lease Agreement shall be, check
applicable category:
Month /Day
Exhibit I kill- 8:00 a.m. on , 2009, to
8:00 a.m. on , 2009.
X Other facilities high use days- 7:00 a.m. to 12:00 a.m. (midnight) on 10/1 1/2009.
^ Other facilities low use days- 7:00 a.m. to 10:00 p.m. on , 2009.
^ Term for multiple date lease shall be:
5. LICENSI~S / Pi~;RMI"I'S -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, and (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 llEPOSITS -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 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- 1~~:~~ents 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 a~~reed 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 ail 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 dama~~c 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.
llamagc llcposit and Fees Worksheet
Please refer to "c-xhibi~s " rn~ached t~~ this contract for facility fees. j'
Exhibit(s) indic~~ting f: cilitics, damage deposits and fees attached? ..................................~.. YES NO
Check all that a~~~~1 y:
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 Arca
Events Office
Warm-Up/Practice Arena (Outdoor Arena)
Concession Stand
Eagle River Center _400.00_
Additional Char~~es (stage. bleachers, labor) 490.00
Combined llan~a~~e 1)~posit for multiple facilities use
$500 no alcohol / $1.000 alcohol screed or
sold
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
_500.00_
Total Damage Deposit Duc: /Total Fees Uue: _890.00 _500.00_
TOTAL AMOUNT' I)UE :................................................................................................1390.00
Minus one-half damage deposit due :.................................................................... 250.00
Balance due ai'ter oije-half' damage deposit received :........................................._1140.00
Damage Deposit Date Due
Date Received: 8/19/2009
Balance of Damage Deposit and Fees Date Due:
Date received:
Educational Ere~tt /~'c~e Waiver Applies
Facilities Adnzi,csio~r Surcharge (FAS) Applies des
FACILITI i?S A OMISSION SURCIIARGE POLICY-
A Facilities Admission Surcharge (I~AS) 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 gener~~l 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 ri<<ht to inspect tickets and monitor ticket sales periodically throughout the event.
Within forty-eight (4~ j hours after the event has concluded, the user shall submit to the
Fairgrounds ofl7ce a total count of tickets sold for the event. If the user fails to notify the
Fairgrounds ofii: e 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. ~l'he Fairgrounds oilice 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 boot: future reservations at the Eagle County Fairgrounds.
*Please make check.. ~~ayable ~o Eu~;le County.
Initials here stating N~at~~ou rent! the following rules and regulations
4
Animal ~~ell ai-e: Cotint_y Rc:~ulations and PRCA Animal Welfare
Guidelines Set Standards for Rodeo
Eagle County sh•ictly 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 ol~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 reduired 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 b~~ professional rodeo jud~~es 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. SpLU•s 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
ottense• ~~~ith 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 t first offense, with that tine 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
neat.
• All team roping cattle shall be protected by horn wraps.
A complete cope 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 AID; I MALS
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 lent in a clean and undamaged condition.
B. If boardin~~ 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 sh<<Il 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 fi•om their assigned stalls.
F. The county reserves the right to inspect any animal kept on the fairgrounds property.
hicominr, 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 c.~pense.
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 llAMAGh; CIIARGES -Prior to the commencement of the Lease
Agreement, Lessee and an authorized representative of the County shall inspect the Leased
Premises, and sh:;ll 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 A~~reen~ent. 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 refirnded in full to the Lessee within approximately four (4) weeks. If Lessee fails to
clean the Leased Premises to the satisfaction of the County, or if the Leased Premises incur any
damage during the Lessee's occupancy, all cleaning and damage expenses incurred by the
County shall be deducted from the damage deposit. In the event that the damage deposit does not
cover the damn; e, the excess cleaning and damage expenses shall be charged to Lessee who
6
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.
No eookirrg i~r the E_rhibit Ilan and ~a;le River Center
^ Concessionaire and Housekeeping supplemental agreement required.
8. RULES AND RF,GULATIONS -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 uvailcrhle tht°ough CTSI's Tc~iant User Liability Insurance Program (TULIP), c% Arthur J.
Gallagher c~- Co. 1-303-889-261-x.
General Liability Coverage shall be carried in the minimum amount of $500,000 per injury and
$1,000.000 leer 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". Lcsscc 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 Liahilr~v h~.nrrance Pro~rum (TULIP), c% Arthur J. Gallagher & Co. at 1-800-889-
261-~.
Proof of Insurance attached? .............................
.............................................................YES NO
7
10. INllI:MNIh[CA"PION -
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 L;agle 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 halmless 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 ur omissions of the Lessee or User(s) from any and all costs, attorney fees,
expenses anal liabilities incurred in the defense of any such claim or action or proceeding brought
OIl ally SLICK Clalll].
11. ALCO! IOL CONSCiMYTION -
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. Alc~-hol 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 Clerl: and Recorder's office for more information. Check the
applicable categ~>ry below:
Initials
here:
F~~ssee requests to serve and consume alcohol inside the Exhibit Hall, for a private
party.
X Fessee 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.
~ ! T cssee shall not serve or consume alcohol on the premises.
Proof of special events liquor license received? ...................................................................... YES NO
12. SECURITY - ~t 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 f~>r 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 ~-vhere 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
1 ~0 to 20U 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
seclu•ity 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 provi~icd? ...................................................................................................... YES NO
12. KEl' CIIECK:iU1'/RETURN -Lessee shall obtain a key to the Leased Premises within 48
hours of the c~ cnt 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 ha~~e been met. The l:ey must be returned to the County no later than the first
business day l~~llowing the end of the Lease Agreement. Keys must be returned to the
Fair~~rotuzds O1~tice 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.
9
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 liabilit~~ iur 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 Cowlty 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-saf~ct~ of the Lessee and/or attendees is in jeopardy or if the County deems the
1acilitics necessary for a public emergency.
B. No mociitication 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 l.case 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 (;ounty or Lessee other than those contained herein.
D. All a~~rcements and covenants herein are severable, and in the event that any of them
shall he held invalid by a court of competent jurisdiction, this Lease Agreement shall be
interpi-ctcd as if such invalid agreement or covenant were not contained herein.
E. If Lessc~~ rails to abide by the terms of the Lease Agreement, the County reserves the
right to held any or all of Lessee's damage deposit.
F. This Lease Agreement shall be governed by the laws of Colorado. Venue and
jtu-isdicti~~n for any dispute arising from or out of this Agreement shall lie with the
llistrict ~'ourt 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 C~uulty and one copy will be delivered to Lessee.
Tlll~ COUNTY: COUNTY OF EAGLE, STATE OF COLORADO
by and through
Operations and Maintenance Manager
LESSEE
{ZaR~rNG Fo12lC 1eoTf~R~''~C~u~3 l~pr~4I~S0
Name, Title: ~~,~~ ~ ~, Pre.ri'o~G~
~~
STATE OF COLORADO )
Gur~el~ ) ss
County ofe )
The foregoin~~ ~~~as acknowledged before me this ((~- day of~~ ~ 009,
by ,~'rn ~orn~,S My commission expires: 08 ~aa/~
Notary Public
` ~ DIANA J. KAUFMAN
_--~ .
Notary Public
State of Colorac4o
MAY-29-2001 04 59 C21 MI CASITA REAL ESTATE
970 945 2450
P.01
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CERTIFICATE HOLDER CANCELLATION
snouLp ~ro OF'fMf' A>I!OVR DEaCRa~EO POLICIES ESE CANCELLED BEFORE THE FaWIRA~-
DATE THEREOF, 7IIE ISSUING WSURFR YYIIL ENDEAVOR TO MML ~ DAYS WRRTEN
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MAY-29-201 04 59 C21 MI CASITA REAL ESTATE
97~ 945 2450 P.02
Diamante Security Inc.
Date q' ~" ~
Invoi~ #
MAKE At,L CHECKS PAYA$LE TO D(AMANTE 5ECURITY
THANK YQU FOR YOUR BUSINESSi
PO BOX 976 GYPSUM, CO (970) 590-3620 E5GARACOSTA~YAHOO.COM
TO ~`l~ b ~ ~c~,~
MAY-29-2001 04 59 C21 MI CASITA REAL ESTATE
970 945 2450 P.03
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Date ~/Z. 6 ! 4f
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TO ~ ~.,~ '[J ~CDol~l~t5~1 ri~
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Uct. 9. 2U09 2:31PM
No. 3307 P. 2
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Stocker Equine Veterinary Services, LLC
SlhliB M. Sboclcer, DVM
p0 Box 788
Eagle, CD 81631
Mobile: 974 X714635
sihria(gtstockerdvm.cam
To whomever it ma concern:
This is to confirm that I, Silvia M, Stocker, DVM, will be Rresent befin~een 1 and
lpm at the "Rodeo Me}iCana" taking place this coming Sunday, Qctoi'~er ~ ~ ,
2009, at me Eagle River Ce<~t~er.
Silvia M, Stodce~, DVM
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MAY-29-2001 05 00 C21 MI CASITA REAL ESTATE 970 945 2450 P.04
Diamante Security Inc.
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MAKE ALL CHECKS PAYABLE TO DIAMANTE SECURITY
THANK YOU FOR YOUR BUSINESS!
PO BOX 476 GYPSUM, Gp (470j 59Q-3670 ESGARACpS7A~PYAH00,tOM
TOTAL P.04
