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HomeMy WebLinkAboutC96-084 Bureau of Land ManagementSENT BY:BUILDINGS@GROUNDS 3-12-96 ; 15:36 EAGLE COUNTY-► 9 970 9455312;# 2 i C '96 8447 LEASE AGREEMENT BETWEEN, THE COUNTY OF.EAGLE, STATE OF COLORADO AND U.S. DEPT OF INTERIOR Bu P.0 Box 1009 O1 n o0 199kTHIS LEASE made and entered' -into this 17 day of R L , by and between the Hoard of County Commissioners of the County of Eagle, state of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Bureau of Land Management , (hersinefter referred to as "lesseell) for the purpose Of leased Premises (see bb_lgw) WHEREAS, the County represents it is duly authorized to enter into this Agreement pursuant to Sections 30-11-101, 10-11-103, and 30-11-1070'C.R.s., as amended. WHEREAS,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 tha 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 Engle County Fairgrounds property, County of Eagle, state of Colorado, hereinafter referred to as the "leased premise's." A. Exhibtion Ha t_ including the restrooms, stage area, .tables . and chairs, bar, and kitchen ,facilities. x B. 'including -the restrooms, stage area, tables and chairs, and bar. C. c , indluding restrooms, playground and picnic tables. concession including the grill, freezer, cooler, and sinks. Arenas• chutes, the announcer stand, catch pens, grandstands arena, bathrooms. SENT BY:BUILDINGS@GROUNDS ; 3-12-96 ', 15:37 ; EAGLE COUNTY-► 9 970 9455312;# 3 The term of this lease, hall commence 199.L and expire Aril 1-7-, , 199 6 ' 3. S The deposit and fees charged for events will vary depending on the characteristics of the event and the type of Lessee. p._RT�yAT:..,ML otos: F,unction6 which are not open .to the general public and are social in nature. NONPROFIT ORGANTZATTrnva nypL.p OUP S! status from the secreta S! Must have proof of ry of Denver, Colorado, or be a Stats's office in 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 individualls or group's' financial or business interest. *** see attachment for fee structure. Lessee is a Tand 7nqnqyrPmpnt agency 16 TOTAL DEPOSIT AND FEE REQUIRED: 0-0 4. INSMUC.EEVos�� Insurance coverage for functions hald at the Eagle County Fairgrounds for both public and private events shall be determingd 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 8 insuring against all claims, damages, 10s9*s or expenses arising out of or resulting from the u$s of the Eagle County Fairgrounds. The Lessen, in any event which involves the selling of Alcohol ("Melling" 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 coverAr,n which shall. name Eagle County as additional insured, and shall be carried in the minimum amount of $180,000 per injury and $600,000 per occurrence for coverage of claims for damages arising from Lessee's use of the Fairgrounds, in but not limited to personal injury SENT BY:BUILDINGS@GROUNDS S. ; 3-12-96 ; 15:38 ; EAGLE COUNTY-# 9 970 9455312;# 4 and death, property damage, and other damages imposed by law upon the parties hereto. Lessee agrees to provide the County with a Certificate of Insurance acceptable to the county, naming Eagle County as "additional Insured" fourteen (14) days prior to commencement of this Lease Agreement. B. Host Liquor Liability InsurA„ce is required for any event in which alcohol is being served without direct or indirect (including cover charge, single -price admission, contributions or tips) charge. t1 Host Liquor Liability Insurance shall name Eagle County as additional insured, and shall be carried in the minimum amount of.$i50,000 per injury and $600,000 per occurrence. C. Liauer Legal Liabii tv 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_ NO 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 deductod"from the above deposit, and/or additional charges shall be assessed. (See Cleaning and Damage Charges attached hereto.) SENT BY: BUILDINGSWOUNDS 3-12-96 ; 15:38 , EAGLE COUNTY-► 9 970 9455312;# 5 In the event that the deposit does not cover the damage, and additional Pee 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 face are due and payable in advance. SENT BY:BUILDINGS@GROUNDS 3-12-96 ; 15:39 EAGLE COUNTY -0 9 970 9455312;# 6 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 and of said image. 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 Legges's event at the leased premises, Losses shall obtain any and all licenses or inspections as may be required by law. 8. SXCTJR= Lessee agrees to provide security for the events contemplated hereby. Losses shall contact the Eagle County Sheriff's Office and make security arrangements acceptable to the Eagle County Office Shei and 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. ALCQHOL CCNSUMPTIoN Lessee shall be allowed to serve alcohol in the following designated areas s. Lessee end particiapants shall be allowed to consume alcohol in the following designated areas �c. Lessee intends to sell alcohol on Fairground'g-premises. (A separate 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. Lasses and participants shall not Consume alcohol on fairgrounds premises. 10. MILES AND REGL N 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:. SENT BY:BUILDINGS@GROUNDS ; 3-12-96 ; 15:39 ; EAGLE COUNTY-► 9 970 9455312;# 7 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. T.ES� DUT-rF.s 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 hold 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 excised Lessee's deposit, Lessee 'agrees to pay any additional costs immediately. 13. MISCELLANEOUS A. Leases 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 obligatibns 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. SENT BY:BUILDINGS@GROUNDS ; 3-12-96 ; 15:40 EAGLE COUNTY-* 9 970 9455312;# 8 IN WITNESS WHEREOF, the partial hereto have executed this Agreement in sLos i s. One counterpart each has been delivered to County and Lasses. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through its BOARD OF COUNTY COMMI�S40NFRS�� By. Name: Title:. LESSEE00 , By: Name: _MMirl�a,eL„S�L`Lt *; �P Title: Area Manager, BLM, Glenwood Spgs Resource Area STATE OF COLORADO ) County of Eagle •) ' i-�- The foregoing was acknowledged before me.this day of 199, by My commission expires:'��1�� U of ry Public SENT BY:BUILDINGS@GROUNDS ; 3-12-96 ; 15:41 ; EAGLE COUNTY-► 9 970 9455312;# 9 EAGLE COUNTY FAIRGROUNDS 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 hold 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 hail for more than one (1) event per month unions otherwise authorized or Permitted by the County. - H. Scheduling and use of the Fairgrounds and its facilities ®hall be managed by the Eagle County Manager or his designee. A deposit and/or foe may be required for specific facilities. Deposits shall be returned upon the approval of the County if the facilities are loft 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 premised 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 Qccurring 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 at 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 Glass beverage containers are prohibited on Fairgrounds property except in the exhibition hall, or' as otherwise SENT BY:BUILDINGS@GROUNDS 3-12-96 ; 15:41 ; EAGLE COUNTY -4 9 970 9455312 #10 authorized. J. All Countyowned rnployees onnly, equipment shall , be operated 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 the Fairgrounds to public access. P- No intoxicated person shall be allowed on the Fair ounds. No person under the aga 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 fromlease any and all claims against the County, its agents, or assigns. R. user shall obtain all necessary permits and license$ 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 any portion thereof, in a safe and careful manger 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 promises. U. The County reserves the right to enter upon the Fairgrounds Regulations. Property at any time to insure compliance with these Rules and PART 2. BOARDING ANIMALS A. Unless- aut rized by the County,. Boardin Animals is prohibits on Faf rounds propert Unless otherwise authori'z by the Cou , user pay a $25,.00 deposit and $3.00 PAr day fee, for ea stall or .pen used to insure that the premises are left in a clean and undamaged condition. SENT BY:BUILDINGUGROUNDS ; 3-12-96 ; 15:42 ; EAGLE COUNTY-) 9 970 9455312 #11 PEE ermQi,$ BOLE COUNTY IMIRGROMMS Lessee agrees to pay the County the following fees for the rental and deposit of each Fairgrounds Facility: N Must have proof of nonprofit status from the' Secretary ,of Statats office in Denver, Colorado, or 14e 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. I. Exhibition Hall CLEANING AND DAMAGE DEPOSIT: $2'50.00 NO DAILY FFE WITH ALCOHOL $500.00- 2. =NCES110N CLEANING AND DAMAGE DEPOSIT $150.00 NO GAILY FEE 3. ARENAS CLEANING AND DAMAGE DEPOSIT 4. CLEANING AND DAMAGE DEPOSIT 5. CLEANING AND DAMAGE DEPOSIT WITH ALCOHOL (DAY M EACH 24 HOUR PERIOD) $200.00 NO DAILY FEE $ 25.00 $5.00 $250.00 NO DAILY FEE $500.00 NO DAILY FEE $ 250.00 41 SENT BY: BUILDINGS@GROUNDS 3-12-96 15:42 EAGLE COUNTY-* 9 970 9455312;#12 The foilawinc, cha=gas Wi3l be. droll and agai=t lmaa4f s claanincl and damage deposit mh=' Ieasm bas t%4 'l od to leavq laaead premises oleea and =rme v9 damacga an ger the Couatyfs Rules and .Sequlationa. •. zVents $25.00 per man hour ",;Mm. abnMa-0 0130-40 Events--vithnut aloahol $25�0mur per man ho at:arge: $=B..00 otftar than notal wast and tear, oharga siil� ba basad cn Coat to gait or zwlac a. Losses -'s Init.:.ale DIV OF RISK MANAGEMENT TEL:1-303-894-2409 May 19 95 14:57 No.005 P.01 STATIC of COLORADO CERTI1-1CATZ OF SELF—INSTIRANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder. It does not ammend, extend or altar the coverage afforded below. INSURED The State of Colorado, its departments, institutions, agencies, boards, officials, employees and authorized volunteers (except all entities of the university of Colorado). INSURED (Re: certificate) SOURCES OF COVERAGE CO STATE FOREST SERV Cov A... Colorado Risk Management Division High Country District Cov B... Colorado Comp Insurance Authority PO Box 2189 Dillon, CO 80435 Attn: John Grieve COVERAGES Self-insured coverage and limits shown on this certificate are those for which the State accepts responsibility pursuant to the Governmenvil, :S-5un ty Act (CAS 24-10-101, at seq.) and the Risk Management Act (CRS 24-30-1501, et seq). Notwithstanding any requirement, term or condition of any document to which this certificate may be issued or may pertain, the coverage afforded herein is controlled and limited by the above laws. COV DESCRIPTION POLICY NUMBER EFFECTIVE EXPIRE LIMITS A Self -Insured DRMSIL Combined Bodily Liability Fund Injury/Property Damage. Continuous $150,000/$600,OOC B Worker Compensation DRMCCIA Standard policy, per Colorado statute and executive order. PROPERTY LEASES......: Tbis certificate does not apply to a lease agreement that does not conform strictly to the requirements of CRS 24-30-1510 (3)e. ADDITIONAL INSUREDS..: The. Colorado constitution prohibits including certificate holders as additional insureds. INDEMNIFICATION and This certificate applies to such provisions only to the extent permitted by Colorado law; HOLD HARMLESS clauses: ihcluding_•1he Colorado Constitution, the Governmental Immunity Act, and the Risk Management Act. CANCELLATION >--- -•- _ -- Should any of the above coverage change, the insured State of Colorado will endeavor to mail notice to the certificate holder named, but failure to AiTL7go-ch notice shaU impose no obligation or iisbili%7 of, any kind upon the State. DESCRIPTION OF OPERATIONS to which this certificate pertains: COLORADO FOREST SERVICE FIRE•• -TRAINING EVENT CERTIFICATE HOLDER EAGLE COUNTY FAIRGROUNDS I Attn: Certificate 0: 188 Issue date: 05/19/95 AUTH IZED REPRESENTATIVE BLM GRAND JUNCTION TEL:8-970-244-3083 Mar 14 96 9:05 No.001 6.02 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT GRAND JUNCTION DISTRICT OFFICE 2815 H ROAD GRAND JUNCTION, COLORADO 81506 In Reply Refer To: 1535 March 14, 1996 Paul Gregg Eagle County Building & Ground Box 850 Eagle, Colorado 83631 Dear Mr. Gregg; Pursuant to the lease or rental of building space to be used for Official Business, the Federal Government is self-insured and no insurance is required by a private carrier. Any claims for damage other than fair wear and tear shall be submitted in accordance with the requirements of the Federal Tort Claims Act of July 18, 1966 (Public Law 89-506; 80 Stat. 306). Please contact BJ Sullivan at (970)244-3058 if you have any questions. Sincerely yours, Alan Kraus Acting Distract Manager UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT GRAND JUNCTION DISTRICT OFFICE 2815 H ROAD GRAND JUNCTION, COLORADO 81506 March 14, 1996 Paul Gregg Eagle County Building & Ground Box 850 Eagle,,Colorado 83631 Dear Mr. Gregg: In Reply Refer To: 1535 Pursuant to the lease or rental of building space to be used for Official Business, the Federal Government is self-insured and no insurance is required by a private carrier. Any claims for damage other than fair wear and tear shall be submitted in accordance with the requirements of the Federal Tort Claims Act of July 18, 1966 (Public Law 89-506; 80 Stat. 306). Please contact BJ Sullivan at (970)244-3058 if you have any questions. Sincerely yours, Alan Kraus Acting District Manager zr L " S RMEIUFn 1!()S TAL MONEY.'' .....-� Aw 64395425204 960319' -815' 01 ' * 2.5.0 * 0 0 SERIAL NUMBER a YEAR MONTH DAY POST OFFICE..- U:6, COLLARS AND CENTS , TO CHE2CWRMM a le County Building & Ground 'M''RwARFA°„" 7RESs FROM .ent' x 850 BMjeau..f hand a l e CO 8 1`.15 AWM Tit iad T :D FOR R deposit for room rental_ _ Grand c�io�, CO M 5(] 6 NEGOTIABLE ONLY INIHM ;"NVQ POSSESSIONS' 400000800 21: 64 39 511 a.Y 40itilu RMEIUFn FAIRGROUNDS CLEANING WAIVER DATE :�X�7191417 LESSEE L AREA LEASED I HAVE RECEIVED A COPY OF THE FAIRGROUNDS CLEANING PROCEDURES AND UNDERSTAND ITS CONTENT. Sir jTURE OF LESSEE COUNTY AGENT PLEASE NOTE ANY SOIL, TRASH, OR DAMAGE WHICH YOU DO NOT WANT TO BE LIABLE FOR: POST LEASE INSPECTION 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