HomeMy WebLinkAboutC11-175 Lakota Guide Rafting Agreement Eagle County Government
RAFTING AGREEMENT
This Agreement is between the County of Eagle (hereinafter known as the
County ") and, Lakota Guides (hereinafter known as "the Operator ") for the purposes of
commercial fishing / rafting using river boats / rafts and use of the Fairgrounds for river
takeout point, located in the County of Eagle.
WHEREAS the County owns and operates the Fairgrounds; and
WHEREAS the Fairgrounds serves as a point for loading and /or disembarking for
rafts and other river boats, commercially and privately owned; and
WHEREAS the County maintains the parking areas, bathrooms, picnicking
facilities and other recreation amenities at the Fairgrounds; and
WHEREAS the parties of this agreement agree to the schedule of services, fees,
and responsibilities imparted to the parties as set forth below:
IT IS AGREED THAT:
1. The County shall allow Operator to disembark at the Fairgrounds during
the rafting season of 2011 (the parties agree that the rafting season is water
dependent and that the term of this agreement shall be for as long as both
parties agree the 2011 rafting season extends).
2. The County agrees that Operator may use the Fairgrounds as a point to
load and /or disembark the passengers of their rafts and river boats.
3. The Operator agrees that the larger vehicles (usually defined as a vehicle
which has the capacity to carry more than 16 people including vehicles attached
to trailers, trailers and buses) may be parked in the Fairgrounds parking lot as
well as smaller vehicles (usually defined as a vehicle with a capacity of 16 or less
persons) but all parking is subject to availability as determined by the County.
4. The Operator agrees that it and its passengers will keep the Fairgrounds
in a clean manner, disposing of trash in the receptacles provided.
5. The Operator agrees and understands that the Fairgrounds will be used
for a variety of functions separate and distinct from the Operator's use and that
its use is not exclusive; Operator shall not inhibit the usage of the Fairgrounds by
others.
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6. Operator acknowledges and agrees that the County may close off the use
of the Fairgrounds to the Operator for specific events or whatever the County
deems necessary and furthermore that the County will close the Fairgrounds
from July 23, 2011 through July 31, 2011 during which time Operator may not
load or disembark any passengers or boats at the Fairgrounds.
7. The Operator shall pay a fee to the County for the use of the Fairgrounds.
Each Operator shall pay the County a payment of $200.00 on or before June 1,
2011 unless otherwise arranged with the County.
8. The Operator agrees that it will truthfully and accurately send a year end
report to the County regarding the number of its paying customers and
acknowledges that the County may audit the reporting of the Operator at the end
of the season with the amount recorded at the Bureau of Land Management. The
Operator will be responsible for the year end report to the County or lose the
privilege of using the Fairgrounds and face any monetary penalties associated
with the County Resolution No. 93 -58.
9. The parties further agree that the Operator and its customers, through the
Operator, waive any liability on the part of the County for any injuries that may
occur during the raft trip or use of the Fairgrounds. The Operator agrees that it is
solely responsible for the welfare of its customers to the extent that those parties
agree and that no liability is imputed to the County. Furthermore, Operator
agrees, to the fullest extent permitted by law, to indemnify, hold harmless and
defend Eagle County Government, its officers, deputies, employees, and agents
harmless from and against any and all claims arising from the Operator and its
customers' use of the Property or from the conduct of any activity, program, or
thing that may be permitted or suffered by Operator and its customers in or about
the property, except that Operator shall not be liable for any claim, loss, damage,
cost, charge or expense arising solely out of any negligent act by Eagle County,
or any of their officers, agents or employees. Eagle County does not hereby
waive any governmental immunity afforded to it by law.
10. The Operator shall obtain general liability insurance naming Eagle County
as additional insured, and shall be carried in the minimum amount of $500,000
per injury and $1,000,000 per occurrence for coverage of claims for damages
arising from Lessee's use of the Fairgrounds, including but not limited to personal
injury and death, property damage, and other damages imposed by law upon the
parties hereto. Lessee agrees to provide the County with a Certificate of
Insurance acceptable to the County, naming Eagle County as "Additional
Insured" within a time frame agreed to by the parties. Eagle County does not
hereby waive any governmental immunity afforded to it by law.
11. The Operator agrees that lack of performance with the terms of this
agreement shall result in immediate termination of usage of the Fairgrounds.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
t day oflUi , 2011
COUNTY OF EAGLE, STATE OF COLORADO
By and through its County Manager
BY: / - �—
-ith '. Mont -g, County Man -: -r
Operator: LGLIC..0
By: .
Print Name: k#,a_ 80vSi{
STATE OF Q,6tUal (Lc) )
) SS
COUNTY OF _a_ttrip—i
The foregoing instrument was acknowledged before me by V( &xtk ,
this day of i\A-Gl,T , 2011
M commission expires: 7) o1s 11 y
XX ��V
Notary Pub c .1 R ":cp I
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