HomeMy WebLinkAboutC96-077 Castle Peak Rifle and Pistol Club Betty and Jerry SealeC 96 7.7 4 7
LEASE AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
CASTLE PEAK RIFLE AND PISTOL CLUB
BETTY AND JERRY SEALE
THIS LEASE made and entered'into this 12 _ day of APRIL
199.1i, by and between the Board of County Commissioners of the
County of Eagle, State of Colorado, a body corporate and olitic
(hereinafter referred to as the "County") and BETTY AND JERRVPSEALE
, (hereinafter referred to as "lessee") for
the purpose of GUN.KNTFE AND COIN SHOW
WHEREAS, the County represents it is duly authorized to enter
into this Agreement pursuant to Sections 30-I1-101, 10-11-103, and
30-11-107, C.R.S., as amended.
WHEREAS, BETTY AND JERRY SEALE represents that he/she 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."
x 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. le
F. Horse stalls and holding pens
2. ER OL OF AGREMMT
The term of this lease sshalcommence APRIL 12,
199 6 and expire APRIL 15, ( 00- amj 19j'6
3. FEES
The deposit and fees charged for events will vary depending
the characteristics of the event and the type of Lessee.
PRIVATE FUNCTIONS: Functions which are not open to t2
general public and are social in nature.
NONPROFIT ORGANIZATIONS AND 30 GROUPS: Must have proof c
nonprofit status from the Secretary of State's office 1
Denver, Colorado, or be a local chapter of a nationall
chartered organization. A nonprofit organization is defined a
an organization in which no part of the income or profit i
distributed to its members, directors, or officers.
OTHER: Any individual or group that is not registered as
nonprofit organization, and/or which is open to the genera.
public and/or which advances the individualls or groupr.
financial or business interest.
*** See attachment for fee structure.
Lessee is a CASTLE PEAK RIFLE AND PISTOL CLUB
TOTAL DEPOSIT AND FEE REQUIRED: $ 550.00
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 Lessees use of
the Fairgrounds, including but not limited to personal injury
and deatn, 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" fourteen (14) days
prior to commencement of this Lease Agreement.
B. Host Licruor 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. 11 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. Liquor Lecral 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
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 Lessee's 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.)
J
6. KZY 'RI RN
Lessee shall obtain keys to the leased premises only afte
said deposits and fees are paid in full to the County. Facilitie
shall be clean and keys shall be returned to the County no late
than the first business day following the end of said lease.
A penalty of $5.00 per day will be retained from the deposi
for failure to return the key after the first business da -
following the end of said lease.
7. LICENSES
Prior to Lessee's event at the leased premises, Lessee shal]
obtain any and all licenses or inspections as may be required b}
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.)
X D. Lessee shall not serve alcohol on Fairgrounds's
premises.
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.
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.
11. INDEMr ICATION
A. Lessee agrees to hold the County harmless and assume fu1
responsibility for all claims asserted against the County t
third parties arising out of Lessee's activities on the leas
premises.
B. Lessee agrees the leased premises shall not be used fo
any purposed which would render the insurance thereon void o
the insurance -risk more hazardous, or for any purpos
unauthorized by law.
12. LESSEE'S DUTIES
Lessee agrees .to leave the leased premises in the same cleat
and usable condition which existed at the time of the commencemeni
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.
f
EAGLE COUNTY FAIRG._.jUNDS
RULES AND REGULATIONS
PART 1. GENERAL, RULES AND REGULATIONS
A. It is intended that the Eagle County Fairgrounds (hereinaftez
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.
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.
r
I. Glass beverage containers are prohibited on Fairgrounds
property except in the exhibition hall, or as otherwise
authoz ed.
J• All County -owned
Employees only.
equipment shall be operated by Couni
K• All props, poles, Portable. fence panels, barrels and jua
location
standards after each shall be
ahe use turned to their designated storag
L• Camping or overnight parking is prohibited on Fairground
property unless previously authorized by the County.
M. All Fairgrounds users shall be responsible for cleaning ul
after themselves and their animals.
N. The County reserves the right to deny any group or persor
access to the Fairgrounds.
O. The County reserves the right to close an
Fairgrounds to public access 9 y part of 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.
Q. Any and all persons using the arena shall sign
of
liability and agreement to indemnify the Couny fromlanyeand
all claims against the County, its agents, or assigns.
R. User shall obtain all necessary permits and licenses prior to
scheduled use, and shall' promptly pay all taxes, excise' or
license fees applicable to the sue of the Fairgrounds.
S. User shall use and occupy the Fairgrounds, or an
ort
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 re
all persons to immediately leave the premises. quire
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 au ize y the County, Boarding of Animals is
prohibit on Fai ounds, property.` Unless otherwise
author' ed by the Coun ser shall pay a-425.00 deposit Chd
$5.. per day fee, for each stall or pen use - to ins�•e that
the premises are left in a clean and undamaged condition.
33M UUM
The following Charges will- ba. assiumed against lessaw s
cleaning and damage deposit whew lessee has failed to leave les
Premises Genn and free of damage as per thu County) s Rn t pa
8egu7ations.
$25. So per man hour
*4 „v=""—.,,.- merge= USO - oo
Events __withvut al=ho,l
$25.00 per Mair hour
M, **� charges $=..0o
Dam-
Other titan norma T wear and tear,
charge will be based oa cert to repair or replace_
Fry
9
FEE SCHWULE
EAGLE COUNTY FAIRGROUNDS
Lessee agrees to pay the County the following fees for the
rental and deposit of each Fairgrounds Facility:
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.
DEPOSIT DAILY FEE
1. Exhibition Hall
CLEANING AND DAMAGE DEPOSIT:250.0 NEGOTIABLE
WITH ALCOHOL 00
IA. DAILY RENTAL FEE OF $100.00 $300.00
2. CONCESSION STAND
CLEANING AND DAMAGE DEPOSIT $150.00 NEGOTIABLE
3. ARENAS
CLEANING AND DAMAGE DEPOSIT $200.00 NEGOTIABLE
4.
STALLS AND
PENS
CLEANING
AND DAMAGE DEPOSIT
$ 25.00
NEGOTIABLE
5.
PICNIC AND
LAWN AREA
CLEANING
AND DAMAGE DEPOSIT
$250.00
NEGOTIABLE
WITH ALCOHOL
$500.00
NEGOTIABLE
(DAY
= EACH 24
HOUR PERIOD)
TOTAL
AMOUNT OF
DEPOSIT AND FEES:
$
550.00
IN WITNESS WHEREOF, the parties hereto have executed this Agreemer
in duplicate. One counterpart each has been delivered to Count
and Lessee.
THE COUNTY:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Name:
Title
LESSEE
By: CASTLE PEAK RIFLE AND PISTOL CLUB
Name: Q e�
Title: RG
STATE OF COLORADO
)ss
County of Eagle )
The foregoing was acknowledged 'before me this �' day of *Lu�
199-&, by ,t 6i -r
My COMMISSION EXPIRES
My commission expires: 3/11/2000
0
Notary Public �_
IN)
r -
4 CASUALTY COMPA
CERTIFICATE OF INSURANCE
INSURED: SPORTMAN'S NATIONAL INSURANCE ASSOCIATION
FOR THE ACCOUNT OF:
EAGLE VALLEY ROD & GUN CLUB,
INC.
AGENT: MED JAMES, INC.
P.O. BOX 2014
SHAWNEE MISSION, KS 66201
THIS CERTIFICATE IS ISSUED SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER POUCY USTED BELOW.
MASTER POLICY NO. GLI -1000631
CERTIFICATE NO. GLI -1000527
RENEWAL OF CERTIFICATE NO. NEW
ADDRESS OF CERTIFICATE HOLDER BOX 319
GYPSUM CO 81631
POLICY PERIOD: FROM: 06/20/95 TO: 06/20/9.6
12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN
LIMITS OF INSURANCE
3eneral Aggregate Limit (Other than Products -Completed Operations) $ 2,000,000
2roducts-Completed Operations Aggregate Limit $l'UUU'UUU
3ersonal and Advertising Injury Limit $ , ,
=ach Occurrence Limit $ t
=Ire Damage Limit Any one Fire $
dedical Expense Limit Any one Person $ Not Covered
)REMIUM
51vR 15t�T %P&NO.
CLUBS (INCLUDING
PRODUCTS &/OR
COMPLETED OPERATIONS
:)UNTERSIGNED BY
PT�I�uI BASIS 19A�6
TOTAL ADVANCE PREMIUM
INSPECTION FEE
SURPLUS LINES TAX
TOTAL
ADVC5�REMIUM
$ 650.00
$ •
SNIA4(10/89)
(HBV. 10/91)
i
i
POLICY NUMBER: GL1-1000527 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS OR OTHER INTERESTS
FROM WHOM LAND HAS BEEN LEASED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Designation of Premises (Part Leased to You): 60 ACRES IN EAGLE COUNTY, GYPSUM, COLORADO
Name of Person or Organization: EAGLE COUNTY
BOX 850
EAGLE, CO. 81631
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to
include as an insured the person or organization
shown in the Schedule but only with respect to liability
arising out of the ownership; maintenance or use of
that part of the land leased to you and shown in the
Schedule and subject to the following additional
exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to lease that land:
2. Structural alterations, new construction or
demolition operations performed by or on behalf
of the person or organization shown in the
Schedule.
CG 20 24 1185 Copyright. Insurance Services Office, Inc., 1984 ❑
it,[EssEx IivsuRaivcE COMPANY
ENDORSEMENT
The following spaces preceded by an asterick (0) need not be completed if this endorsement and the policy have same inception date.
ATTACHEO TO AND FORMING *EFFECTIVE DATE KISSUEO TO
PART OF POLICY NO. OF ENDORSEMENT
3AK4603 9/28/95 EAGLE VALLEY ROD & GUN CLUB INC.
IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED
FORM ME -009(3/95); HAS BEEN ADDED TO THE POLICY AS PER ATTACHED.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ATTACH TO POLICY
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the above mentioned Policy. other than as above stated.
Authorized Representative
CHANGE #1
01 1-1009 (7.80) Panted in U.S.A.
In Witness Whereof, the Company has caused this en-
dorsement to be signed by a duly authorized represen-
tative of thcEvrtrgarty-
. J �"
gdbu (06?ffED REPRESENTATIVE
M�
ESSEX INSURANCE COMPANY
ADDITIONAL INSURED ENDORSEMENT
•
Entsy apdanW N shown H the Caenwr Dedstetima b no entrPrIbs shown, dw sNeetive dsu of d/w sndatawnwt is the sees ss the d/sedvs dere o/ Nw
*ATTACHED TO AND FORM M•EFFECTIVE DATE *ISSUED TO
PART OF POLICY NO. OF ENDONT
3AK4603 9/28/95 EAGLE VALLEY ROD & GUN CLUB, INC.
THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY.
SECTION 11 - WHO IS AN INSURED of the Commercial General Liability Form is amended to include:
Person or Entity: EAGLE COUNTY, COLORADO
P.O. BOX 4850
EAGLE, CO. 81631
as an additional insured under this policy, but only as respects negligent acts or omissions of the
Named Insured and only for occurrences, claims or coverage not otherwise excluded in the policy.
It is further agreed that where no coverage shall apply herein for the Named Insured, no coverage nor
defense shall be afforded to the above identified additional insured.
Moreover, it is agreed that no coverage shall be afforded to the above identified additional insured for
any bodily injury, personal injury, or property damage to any employee of the Named Insured or to any
obligation of the additional insured to indemnify another because of damages arising out of such injury.
Additional Premium:
AUTHORIZED REPRESENTATIVE DATE
gdbu dc16347 10/9/95
M/E-009 (3/95)
COMMERCIAL GENERAL LIABILITY COVERAGE PART
i
DECLARATIONS
No. GL11000527 Effective ,. i:e:06/20/95 **
12:01 A.M., Standard Time
LIMBS OF INSIIRANrIF
General Aggregate Limit (Other Than Products—Completed Operations) $ 2, QW,wg_
Products—Completed Operations Aggregate Limit g9
$ -1 �O,
Personal and Advertising Injury Limit $-18-
Each Occurrence Limit
Fre Damage Limit $�� Any One Fre
Medical Expense Limit $ --QED— Any One Person
RETROACTIVE DATE (CG 00 02only)
Coverage A of this Insurance does not apply to "bodily injury" or "property damage' which occurs before the Retroactive
Date, if any, shown here: none
(Eire. Dar or -Now if no Rehoactir♦ Date applies)
Form of Business:
❑ Individual ❑ Joint Venture ❑ Partnership g❑ Organization (Other than Partnership or Joint Venture)
Business Description*:
TRAPS OR SKEET CLUB
Location of All Premises You Own, Rent or Occupy: 60 ACRES 1DRE OR LESS
SECTION 31, RANGE 85W, TOWNSHIP 45, EAGLE COUNTY, GYPSUH, CO.
z MILE WEST OF GYPSum, COLORADO
�
Classification Code No Rate Advance Premium
Premium Basis Pr/Co All Other Pr/Co All Other
SEE SNIA-1
COPY
Subject to Minimum premium *
Total Advance Premium $ $ 650.00*
FORMS AND ENDORSEMENTS (other Uia—napplicable Forms and Endorsements shown elsewhere in the policy)
Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue:
SNIA-1 CG2024 IL0003 IL0017 IL0021 C00001 CG2135 GLE-8019 GLE-8020 PRE -1009
*Information omitted if shown elsewhere in the policy. "Inclusion of date optional.
THESE DECLARATIONS ARE PART OF THE POUCY DECLARATIONS CONDUNING THE NAME OF THE INSURED AND THE POUCY PERIOD.
CGL(C) (Ed.11-85) Includes copyrighted material of Insurance Services Office, Inc, with its permission. Copyright, Insurance Services Office, Inc. 1983. 1984
(Rev. 10/91)
FAIRGROUNDS CLEANING WAIVER
DATE l�
LESSEE
`
AREA LEASED ) J+ �Z I I
I HAVE RECEIVED A COPY OF THE FAIRGROUNDS CLEANING PROCEDURES
AND UNDERSTAND ITS CONTENT.
Az� a. "2e�0-2�
SIG AT E F LESSEE
COUNTY iris►
PLEASE NOTE ANY SOIL, TRASH, OR DAMAGE WHICH YOU DO NOT WANT
TO BE LIABLE FOR:
POST LEASE INSPECTION _fVe)
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
IT'S CONDITION PRIOR TO THE EVENT.
SIGNATURE OF LESSEE
3
