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HomeMy WebLinkAboutC96-059 Jody GrahamC 196 5 4 4 7 LEASE AGREE!Mr, BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE CHAMBER OF COMMERCE ATTN: JODY GRAHAM ' THIS LEASE made and entered' into this 27 day of MARCH 1996, 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 THF. F.AGT.F cHAMRFR (hereinafter referred to as "lessee") for the purpose of MEETING WHEREAS, the County represents it is duly authorized to enter into this Agreement pursuant to Sections 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. WHEREAS, JODY GRAHAM represents that he sh is duly authorized to enter into this agreement for its intended purposes. W I T N E S S E T H: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE The County does hereby lease to the Lessee the following premises, as indicated and marked below, situated within the Eagle County Fairgrounds property, County of Eagle,. State of Colorado, hereinafter referred to as the "leased premises." _y A. Exhibition Hall, including the restrooms, stage area, tables and chairs, bar, and kitchen facilities. B. Exhibition Hall 'including the restrooms, stage area, tables and chairs, and bar. C. Picnic & Lawn Area, including restrooms, playground and picnic tables. D. Concession Stand including the grill, freezer, cooler, and sinks. E. Arenas, chutes, the announcer stand, catch pens, grandstands arena bathrooms. 11 F. Horse stalls and holding pens 2. PERT, OF AGREEMENT The term of this lease shall commence MARCH 27, 1996 and expire MARCH 28 J. 1996 3. FEES The deposit and fees charged for events will vary depending on the characteristics of the event and the type of Lessee. PRIVATE FUNCTIONS: Functions which are not open to the general public and are social in nature. NONPROFIT ORGANIZATIONS AND YOUM GROUPS: Must have proof of nonprofit status from the Secretary of State's office in Denver, Colorado, or be a local chapter of a nationally chartered organization. A nonprofit organization is defined as an organization in which no part of the income or profit is distributed to its members, directors, or officers. OTHER: Any individual or group that is not registered as a nonprofit organization, and/or which is open to the general public and/or which advances the individual's or group -Is financial or business interest. *** See attachment for fee structure. Lessee is a NON-PROFIT ORGANIZATION TOTAL DEPOSIT D FEE REQUIRED: $ 250.00 4. INSURANCE FOR EVENTS: Insurance coverage for functions held at the Eagle County Fairgrounds for both public and private events shall be determined by the County. If insurance is required for said function or event, the Lessee shall purchase and maihtain during the term of this Agreement insurance as illustrated in Paragraphs A and B insuring against all claims, damages, losses or expenses arising out of or resulting from the use of the Eagle County Fairgrounds. The Lessee, in any event which involves the selling of alcohol ("selling" includes accepting donations), shall purchase and maintain during the term of this Agreement insurance in the following type and amounts insuring against all claims, damages, losses or expenses arising out of or resulting from the use of the Eagle County Fairgrounds: A. General Liability Coverage which shall name 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 de,_._h, property damage, and oLer damages imtin-mpA hu iaw 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" fourteen (14) days prior to commencement of this Lease Agreement. B. Host Liguor Liability Insurance is required for any event in which alcohol is being served without direct or indirect (including cover charge, single -price admission, contributions or tips) charge." Host Liquor Liability Insurance shall name Eagle County as additional insured, and shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence. C. Liguor Legal Liability is required for any event in which alcohol is being sold. Liquor legal liability insurance shall name Eagle County as additional insured, and shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence. Please contact the Eagle County Clerk and Recorder's Office for more information. TYPE OF INSURANCE REQUIRED: A. General Liability Coverage X B. Host Liquor Liability Insurance C. Liquor Legal Liability PROOF OF INSURANCE IS ATTACHED YES X NO 5. DEPOSITS The Lessee is to pay one half of the required deposit to reserve the Eagle County Fairgrounds. The remainder of the deposit and the entire daily fee is due and payable a minimum of seven (7) days prior to the event. Failure to pay said deposit and fee seven (7) days prior to the event will result in the loss of the lease. A cancellation fee of Twenty-five dollars ($25.00) will be withheld from the initial deposit if the event is cancelled. Lessee is responsible for any and all damages to leased premises. Leased premises are to be left in a clean, usable and undamaged condition. If Lessee fails to clean leased premisses to the satisfaction of'the County, or if the lease premises incurs any damage during Lessees occupancy, excluding normal wear and tear, all cleaning and damage expenses incurred by Eagle County shall be deducted from the above deposit, and/or additional charges shall be assessed. (See Cleaning and Damage Charges attached hereto.) y In the event that the deposit does not cover .the damage, and additional fee will be assessed. Lessee shall have five (5) business days to pay any extra charge due to damage. If an individual or group has forfeited any part of their cleaning and damage deposit in the past, the amount of their next deposit shall be left to the discretion of the county. Deposits and fees are due and payable in advance. 6. KEY URN Lessee shall obtain keys to the leased premises only after said deposits and fees are paid in full to. the County. Facilities shall be clean and keys shall be returned to the County no later than the first business day following the end of said lease. A penalty of $5.00 per day will be retained from the deposit for failure to return the key after the first business day following the end of said lease. 7. LICENSES Prior to Lessee's event at the leased premises, Lessee shall obtain any and all licenses or inspections as may be required by law. 8. SECURITY Lessee agrees to provide security for the events contemplated hereby. Lessee shall contact the Eagle County Sheriff's Office and make security arrangements acceptable to the Eagle County Sheriff's Office. Lessee shall be responsible for paying any and all security costs associated with said events. Proof of security is to be provided seven (7) days prior to said event. 9. ALCOHOL CONSUMPTION A. Lessee shall be allowed to serve alcohol in the following designated areas B. Lessee and particiapants shall be allowed to consume alcohol in the following designated areas C. Lessee intends to sell alcohol on Fairground's premises. (A seperate liquor license is required. Please contact the Eagle County Clerk and Recorder's office for information.) D. Lessee shall not serve alcohol on Fairgrounds's premises. Y E. Lessee and participants shall not consume alcohol on fairgrounds premises. 10. RULES AND REGULATIONS Lessee agrees to abide by the Eagle County Fairgrounds Rules and Regulations as set forth in Exhibit "A," attached hereto and made a part hereof by this reference. Lessee is responsible for enforcing the Eagle County Fairgrounds Rules and Regulations during its event and with all guests and participants. 11. MD 71CATION A. Lessee agrees to hold the County harmless and assume full responsibility for all claims asserted against the County by third parties arising out of Lessee's activities on the lease premises. B. Lessee agrees the leased premises shall not be used for any purposed which would render the insurance thereon void or the insurance risk more hazardous, or for any purpose unauthorized by law. 12. LESSEE'S DUTIES Lessee agrees .to leave the leased premises in the same clean and usable condition which existed at the time of the commencement of this Lease Agreement. Prior to the commencement and termination of the Lease Agreement, Lessee and an authorized representative of the County shall inspect the leased premises, and shall make written note of any damaged or unclean property. If at the termination of this Lease the County's representative finds the leased premises to be unclean or damaged, Lessee shall be held responsible for any cleaning or repair of damage costs incurred by the County as a result of Lessee's occupancy of the leased premises. Said costs shall be deducted from Lessee's deposit. If said costs exceed Lessee's deposit, Lessee 'agrees to pay any additional costs immediately. 13. MISCELLANEOUS A. Lessee shall permit the County to have free access to the leased premises before, during and after the scheduled event. B. No modification or waiver of this Agreement or of any covenant, condition, or -provision herein contained shall be valid unless agreed to in writing by all parties. C. This. written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or Lessee other than that contained herein. D. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate. One counterpart each has been delivered to County and Lessee. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Name: Title: LESSEE By. EAGLE CHAMBER OF COMMERCE Name: Title: C V STATE OF COLORADO County of Eagle The foregoing 199, by ) ss acknowle ed efore me this day _ad " 9 !-11 i4-r✓1 My commission expi: of�i EAGLE COUNTY FAIR JUNDs RULES AND REGULATIONS PART 1. GENERAL RULES AND REGULATIONS A. It is intended that the Eagle County Fairgrounds (hereinafter referred to as the "Fairgrounds") be used to meet as many needs and serve as many organizations as possible. Scheduling of events to be held at the Fairgrounds shall be done on a first come, first serve basis, at the discretion of the Eagle County Board of County Commissioners (hereinafter referred to as "the County"). No individual, organization or corporation shall be permitted to reserve the exhibit hall for more than one (1) event per month unless otherwise authorized or permitted by the County. B. Scheduling and use of the Fairgrounds and its facilities shall be managed by the Eagle County Manager or his designee. A deposit and/or fee may be required for specific facilities. Deposits shall be returned upon the approval of the County if the facilities are left in the condition in which they were found. C. In the event the deposit does not cover the damage,. an additional fee will be assessed. Lessee shall have five (5) business days to pay any extra charge due to damage. D. The County shall not be responsible for losses due to theft, fire or vandalism during activities held on the premises of the Fairgrounds. E. Smoking is prohibited in all buildings, and within fifty (50) feet of any barn, hay or straw storage area, or as posted on the Fairgrounds property. F. The user shall be responsible for parking control and for insuring that fire lanes (12 feet minimum) and access lanes (12 feet minimum) are kept clear of obstruction during all events occurring at the Fairgrounds. Unless otherwise authorized, parking shall be in designated areas only. G. Children shall not be permitted in any areas where livestock are kept or used unless participating in a scheduled event, or unless supervised or accompanied by a parent or adult who shall accept complete responsibility in case of any injury accident or damage. H. All dogs shall be on a leash and under the control of the owner, unless participating in a scheduled event, and will not be allowed in any buildings unless the dog or animal is a service animal assisting a disabled person. I. Glass beverage containers are prohibited on Fairgrounds property except in the exhibition hall, or as otherwise autho, zed. J• All L.,unty-owned equipment shall be operated Employees only. by County K. All props, poles, portable fence panels, barrels and' jump standards shall be returned to their designated storage location after each use. L. Camping or overnight parking is prohibited on Fairgrounds property unless previously authorized by the County. M. All Fairgrounds users -,shall be responsible for cleaning up after themselves and their animals. N• The County reserves the right to deny any group or person access to the Fairgrounds. O. The County reserves the right to close any part of Fairgrounds to public access. the P• No intoxicated person shall be allowed on the Fairgrounds. No person under the age of 21 shall consume alcoholic beverages on Fairgrounds property. 4• Any and all persons using the arena shall sign a release of liability and agreement to indemnify the County from any and all claims against the County, its agents, or assigns. R. User shall obtain all necessary permits and licenses scheduled use, and shall' promptly pay all taxes prior to license fees applicable to the sue of the Fairgrounds. grounds. S. User shall use and occupy the Fairgrounds, or an ortion thereof, in a safe and careful manner and shall comply with all local, state, and federal laws, rules and regulations as may be in force and effect during the scheduled event, including any and all health laws and regulations. T. If, in the judgement of the County, persons attending a scheduled: event are in violation of these Rules and Regulations, the County may terminate the event and require all persons to immediately leave the premises. U. The County reserves the right to enter upon the Fairgrounds property at any time to insure compliance with these Rules and Regulations. PART 2. BOARDING ANIMALS A. Unless auth 'zed by the-Q'ounty, Boardin of Animals is prohibite on Fairgro s property. bless otherwise author' ed by the Cou , user shall pa a $25.00 deposit Cnd $5• per day fee, r each stall or en used to insure that P ar left in a clean and undamaged condition. Lessee agrees to pay the County the following fees for the rental and deposit of each Fairgrounds Facijity: .NONPROFIT ORQMIZATIQNS AND Y UTH GROUPS: Must have proof of nonprofit status from the Secretary .of Staters office in Denver, Colorado, or be a local chapter of a nationally chartered organization. A nonprofit' organization is defined as an organization in which no part of the income or profit is distributed to its members, directors, or officers. A nonprofit organization may distribute income or profit to a member provided the member is another non-profit organization. DEP091 DAILY FEE 1. Exhibition Hall CLEANING AND DAMAGE DEPOSIT: $250.00 NO DAILY FEE WITH ALCOHOL $500.00• 2. CONCESSION STAND CLEANING AND DAMAGE DEPOSIT $150.00 NO DAILY FEE 3. ARENAS CLEANING AND DAMAGE DEPOSIT $200.00 NO DAILY FEE 4. STALLS AND PENS CLEANING AND DAMAGE DEPOSIT $ 25.00 $5.00 5. PICNIC AND LAWN AREA CLEANING AND DAMAGE DEPOSIT $250.00 NO DAILY FEE WITH ALCOHOL . $500.00 NO DAILY FEE (DAY = EACH 24 HOUR PERIOD) TOTAL AMOUNT OF DEPOSIT AND FEES: $ 250-00 AIS IM). CERTIFICATE OF INSURANCE CSR LR DATE(MM/DDnY) EVCHA-1 03/21/96 PRODUCER THIS CERTIFICATE IS . ,IIED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Glenwood Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 722 Cooper ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glenwood Springs CO 81601 COMPANIES AFFORDING COVERAGE Nanette R Avery COMPANY A Colorado Western Insurance Co Phone No. 970-945-9161 Fax No. INSURED COMPANY B COMPANY Eagle Valley Chamber Of Commerce C COMPANY Po Box 964 Eagle CO 81631 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 5 1,000,000 PRODUCTS - COMP/OPAGG $1,000,000 A X COMMERCIAL GENERAL LIABILITY 0500080360001101 09/09/95 09/09/96 CLAIMS MADE FXI OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) 5 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 $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ DISEASE - POLICY LIMIT $ THE PRO PRIETORI INCL PARTNERSIEXECUTIVE DISEASE - EACH EMPLOYEE $ OFFICERS ARE: EXCL OTHER A Liquor Legal 0500080353001302 09/09/95 09/09/96 Ea Occur $150,000 Aggreg. $400,000 DESCRIPTION OF OPERATIONS iLOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is additional insured. CERTIFICATE HOLDER CANCELLATION EAGLE -1 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 Commissioners BUT FAILURE TO MAIL St H NO ICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 179 Eagle CO 8161 OF ANY KIND UPON THE C PA Y, ITS NTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Nanette R Avery , ACORD 25-S (3/93) { CO D CORP ATION 1993 It A Date 3/25/96 Lessee THE EAGLE COUNTY CHAMBER OF COMMERCE Phone Numbers W 328-0444 g Area Leased EXHIBIT HALL AT FAIRGROUNDS I have received a copy of the Fairgrounds cleaning procedures and understand its content. S t County Lessee Please note` -any soil, trash, or damage which you do not want to be liable for: Post Lease inspecti Date of key return I waive my rights for a walk through of said facility and understand that by doing so I accept the word of the County as to its condition prior to the event. Signature of Lessee :II i11- :.t The following Charges wilZ be. assessed against lessees s cleaning and damage deposit when Lessee has failed tc leave lease premises clean and wee of damage as per ttte county,,s sles an He F? 7 Ations. ants a 'a $25.00 per man hour u n.1mr"* charge= $3 0.00 EVentZ Vith=t aj.CMhgl $25.010 per man hour n;ZIM charges $323..010 Va_ Other than normal wear and Cesar, Charge will be based mi cost to repair ar rupiace. Le= ee s Iuit als r.