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HomeMy WebLinkAboutC14-243 Timberline Tours Eagle County Government RAFTING AGREEMENT This Agreement is between the County of Eagle (hereinafter known as "the County") and Timberline Tours, (hereinafter know 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 2014 (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 2014 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. G:\OFFICE ADMIN\LEASES\Fishing Rafting 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 beginning Monday, July 21st, 2014 through Monday July 29th-, 2014 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 15, 2014 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. G:\OFFICE ADMIN\LEASES\Fishing Rafting 11. The Operator agrees that lack of performance with the terms of this agreement shall result in immediate termination of usage of the Fairgrounds. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this C day of_i „ 2014. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager By: i �i��cf► Montag, County Manager Operator: Timberline Tours By: Aid / .<A, Print Name: Kez1 State of .�) O■rCa County of . I� The foregoing ins' nt was acknowledged before me '' this, y of :31 kYV 20j±. ,LkL. i .� .�. �GP A. P�,9Fi`h n)so D y icn•'.4 a tQ me or has produced O?�►OT'4 RY'•.-9 lt�i LI ceasidentification. i • 1 /./ •• °tax s Signature My commission expires: 5 /9D1 I,tp% ots \ •••O,/ 'I is . 0 B V.• P,S �,``OF. O'pP_ My Commission Expires 05/21/2016 G:\OFFICE ADMIN\LEASES\Fishing Rafting ACORD CERTIFICATE OF LIABILITY INSURANCE 3/6/2014 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Holly Friede Sattler Insurance acoNNo Firth (208)743-9426 I A/C.Not(208)748-9433 1504 8th St E-MAIL ADDRESS:holly@sattlerins.com @sattlerins.com INSURER(S)AFFORDING COVERAGE NAIC# Lewiston ID 83501 INSURERA:Tudor Insurance Company 37982 INSURED INSURERa tisan and Truckers Casualty 10194 ERTT, Inc, DBA: Timberline Tours INSURERC: PO Box 131 INSURER D: INSURER E: Vail CO 81658 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POUCY EFF POUCY EXP LIMITS LTR .6466.-WVD POUCY NUMBER (MM/DD/riYY) (MM/DDIYYYY) GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 100,000 A CLAIMS-MADE FTC I OCCUR X PGP0773901 4/1/2014 4/1/2015 MED EXP(Any one person) $ 2,500 PERSONAL&ADVINJURY $ 1,000,000 _ GENERAL AGGREGATE _ $ 2,000,000 �GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Included x i POLICY n PE a fl LOC - $AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,500,000 B ANY AUTO BODILY INJURY(Per person) $ ALL NED X SCHEDULED 01674075-3 12/13/2013 6/13/2014 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS Uninsured motorist property $ REJECTED UMBRELLA LIAR _ OCCUR EACH OCCURRENCE _ $ EXCESS LAB CLAIMS-MADE AGGREGATE _ $ _ DED l )RETENTION$ $ WORKERS COMPENSATION I WC UMU- I 10R AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY UMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) The certificate holder is an additional insured for general liability only with respects to the ongoing operations of the named insured. Landowner CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle County/ECAT/WJC PO Box 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE J Sattler, CPCU, CIC/ ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. 1N5025 onin0s1 ni Them Af`ARr1 name anti Inns are.rganietanari mark*of 4( I'( F