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HomeMy WebLinkAboutC97-206 Eagle River AnglersC'9720647 FISHING AGREEMENT This Agreement is between the County of Eagle (hereinafter known as "the County") and all individuals or companies who commercially operate and/or own for the purposes of commercial fishing using river hoats and rafts (hereinafter known as "the Operator") and use of the Fairgrounds, 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 disembarkment 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 fishing season of 1997 (the parties agree that the term of the season is water dependent and that the term of this agreement shall be for as long as both parties agree); 2. The County agrees that it will maintain parking areas, bathrooms and picnic facilities and trash receptacles for the use and enjoyment of the Operators; 3. 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; 4. 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; 5. The Operator agrees that it and its passengers will keep the Fairgrounds in a clean manner, disposing of trash in the receptacles provided; 6. The Operator agrees that it 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; nor shall the Operator inhibit the usage of the Fairgrounds by others; 7. Both parties agree that the County may close off the use of the Fairgrounds to the Operator for specific events if the County so deems necessary and that the County must give notice of 14 days in advance of said closing date to the Operator; The County will close the Fairgrounds on August 2, and August 3, 1997. 8. The Operator shall pay a fee to the County for the use of the Fairgrounds. Each Operator shall pay the County a payment of $75.00 on or before May 22nd, 1997 (This date of payment is flexible if agreed upon by both parties.) 9. The Operator agrees that it will truthfully and accurately report to the County a year end report 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; 10. 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; 11. The Operator shall obtain general liability insurance naming Eagle County as additional insured, and shall be carried in the minimum amount of $150,000 per injury and $600,000 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. 2 12. 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, signed this —�2 day of ✓ , 1997. COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, By and Through Its BOARD OF COUNTY COMMISSION S By: By: Clerk to the Board of a Bradl County Commissioners Building and Grounds Manager EAc&F RIVER 'ANUDRs By: /7ZZNa Business name It The Operator STATE OF COLORADO ) ss. COUNTY OF EAGLE ) ,ll � Subj�crib,,ed d sworn to before me this o�� day of 199q, by ——"UA�-�------------------------------ as of Witness my hand and official seal. My commission expires: �. NATA RY Notary Public p U G: o°= by plc......• Meagle.fis'9,3���Rf �ao`,.1•1'� 4 A041WO. CERTIFICATI; OF INSURANCE CSR V DATE (MM/DD/YY) 1 06/06/97 PRODUCER THIS CERTIFICATE IS k. oUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Glenwood Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 1270 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glenwood Springs CO 81602-1270 COMPANIES AFFORDING COVERAGE Nanette R Avery COMPANY A Colorado Western Insurance Co Phone No. 970-945-9161 Fax No. INSURED COMPANY B Ohio Casualty COMPANY Eagle Valley Guides, Inc. C Western Surety COMPANY PO Box 130 Eagle CO 81621 D COVERAGES 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. COTYPE LTR OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMBS GENERAL LIABILITY GENERAL AGGREGATE 5 600,000 PRODUCTS - COMP/OPAGG S 300, 000 A X COMMERCIAL GENERAL LIABILITY 0500320150 03/01/97 03/01/98 PERSONAL & ADV INJURY S 300,000 CLAIMS MADE ❑X OCCUR EACH OCCURRENCE S 600,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EACH ACCIDENT $ EMPLOYERS' LIABILITY DISEASE - POLICY LIMIT $ THE PROPRIETORS INCL PARTNERS EXECUTIVE DISEASE - EACH EMPLOYEE S OFFICERS ARE: EXCL OTHER B Division of Wildli 3335778 03/22/97 03/22/98 20,000 C Outfitter Bond 3157649 12/31/96 03/22/98 10,000 DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is Additional Insured CERTIFICATE HOLDER CANCELLATION EAGLE -2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Eagle County BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 850 Eagle CO 81631 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Nanette R Ave ` W ACORD 25-S (3/93) COD 10 1993