HomeMy WebLinkAboutC14-258 Nova Guides Inc. Agreement61 Eagle County Government RAFTING AGREEMENT This Agreement is between the County of Eagle (hereinafter known as "the County") and Nova Guides, Inc., (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. GAOFFICE ADMINMLEASESTishing Rafting Dq Z E- 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 21 st, 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. GAOFFICE ADMINTEASESTishing Rafting r 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 J D day ofLtL 12014. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager By: A ti Vnit D Ma ounfVy Manager w( 5,} car T -- Operator: Operator: Nova Guides Inc. By: Print Name: GAOFFICE ADMIN\LEASES\Fishing Rafting MONICA D N080 NOTAR PUBLIC STATE OF COLORADO NOTARY ID 20054047709 MY COMMISSION EXPIRES 12/13/2017 r NOVAG-1 OP ID: SG CERTIFICATE OF LIABILITY INSURANCE DA06/27/2014Y} osr2r/2o1a 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(les) must be endorsed. If SUBROGATION IS WANED, 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 8ndorsement(s). PRODUCER Insurance Assoc., Inc. -Boulder 3005 Center Green Dr. Ste 120 Boulder, CO 80301 Charles Hix CONT Sara'ane R. Gomez, CIC PHONE E , 303.444-4666 FAX No): 303-444-8481 EMAIL ADDREss: srg@insurance-associates.com INSURER(S)AFFORDING COVERAGE NAIC q GENERAL LIABILITY INSURER A: Philadelphia IRS. Co. INSURED Nova Guides, Inc. Steve Pittel INSURER B: Pinnacol Assurance 41190 INSURER C: P O Box 2018 Vail, CO 81658 INSURER D: INSURER E: ' INSURER F: 01/01/2014 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 LTR TYPE OF INSURANCE INSR D POLICY NUMBER POLICY EFF MM1DDNYYYI POLICY EXP (MWDDNYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR X PHPK1112956 01/01/2014 01/0112015 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 3,000,00 GEHL AGGREGATE LIMIT APPLIES PER' PRODUCTS -COMPIOPAGG $ 2,000,00 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Eaccident)$ 1,000,00 A ANY AUTO PHPK1112956 01101/2014 01/01/2015 BODILY INJURY (Per person) $ _ ALL AUTOS EO X AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIREDAUTOS X AUTOS PROPERTYDAMAGE $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAB AGGREGATE $ DED I RETENTION$ $ B WORKERSCOMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERR MEMBER EXCLUDE07 El (Mandatory In NH) Byes describe under N I A 32104.11 04/0112014 04/0112015 X I WCSTATU- TH- TORY LIMITS _FR E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE. EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) The certificate holder is hereby Named as an Additional Insured but only in respects to the General Liability portion of this certificate and limited to the operations of the Named Insured. vn,va.c�u+nv,r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 0426 Fairgrounds Road Eagle, CO 81631 AUTHORIZED REPRESENTATIVE lk ©1988-2010 ACORD. CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD