No preview available
HomeMy WebLinkAboutC96-092 Ralston Resorts Inc dba Keystone ResortRAFTING AGREEMENT C'96 9247 RECEIVED MAR 1 81996 BUILDINGS a^a0 GR(!t1f<19S 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 use river boats and rafts (hereinafter known as "the Operator") and use 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 rafting season of 1996 (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; 8. The Operator shall pay fees to the County for the use of the Fairgrounds. Such fees shall be calculated on the basis of $1.00 per paying customer to each Operator. Each Operator shall pay the County an initial deposit of $200.00 oh or before May 22nd, 1996 (This date of deposit is flexible if agreed upon by both parties.) The $200.00 deposit shall serve as a credit balance for the first 200 paying customers; it is understood by both parties that the $200.00 deposit is non-refundable and any Operator serving less than 200 customers shall not be reimbursed at any time for the unused portion of this initial fee. It is further understood that any Operator serving more that 200 paying customers shall pay the County $1.00 per paying customer for each additional paying customer over the first 200 paying customers reported; 9. The Operator agrees that it will truthfully and accurately report to the County 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. Should the Operator have under reported the number of its customers. The Operator will be responsible for the unpaid amount to the County as well as lose the privilege of using the Fairgrounds and face any monetary penalties associated with the County Resolution No. 93-58; 10. The Operator or its agent shall report the number of its paying customers to the County by signing in the number on a log sheet in a location designated by the County at the Fairgrounds site at each time of embarkment (or loading, should the disembarkment be elsewhere); 2 11. 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; 12. The Operator shall obtain general liability insurance naming Eagle County as addiitonal insured, and shall be carrie(�in the minimum amount of $150,000 per injury and $600,000 per occurrence for coverage of claims for damages arising from Lessee's use of the Fairgrounds, including but not limited to personal injury and death, property damage, and other damages imposed by law upon the parties hereto. Lessee agrees to provide the County with a Certificate of Insurance acceptable to the County, naming Eagle County as "Additional Insured" within a time frame agreed to by the parties. 13. The Operator agrees that lack of performance with the terms of this agreement shall result in immediate termination of usage of the Fairgrounds. IN WITNESS WHEREOF, signed this Z Z day of �; / 1995 County Commissioners C\eagle.rft 93-116 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF CO SIO S By.ZR i e Bra Buildin and Grounds Manager 3 By: Business nameQl �CeSDI' The Operator ,-1 /1., /a- 1CCeEA r-T0.J i`&11A:f�. FES 27 '96 12:28 FR WILLIS CORROON 801 262 11 2 IU 1'zI W4bd410Z4 t. 0.3/104 �titt���♦�' . 1F1 r PRObUCEII 15390 27 -FEB -1996 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Willis Corroon Corporation of New Hampshire CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Western Recreation Div POLICIES BELOW. P. O. Box 67820 Salt Lake City UT 84157 COMPANIES AFFORDING COVERAGE 1801) 263-0100 —...-•--•--_-.•.. ......•._._...._ c06FMY American Home Assurance Co. A LETTER Contact : Nancy K. Potashner corvweNY National Union Firs Ins. Co. INS1JFiED ——•... ..._ LETTER B Ralston Resorts, Inc. coMPANY C LETTER Box 88 ._ ... - ��R D Keystone CO 80435 COWANY E LETTER _ �t4y� yjy( ,;;:F;•p� :. >...f(.i}�tx`A•➢R:nKV&`w:.0.•di.e�S vrr ^�+#N.' ' "'L':�:#'r1.^�fT`A'�'�'•e`.1:2 �. ���^'e'lh � 1.�:.F� iR' .�'T.':�y:0::estiisS:�id�Rhe:fiM`Je2::FA4^.:�'fYx:k'a>.a,awtx ....'N"•- '.�i$''�b•� ••xC•�?�'S .Ni'�".� '�I�Y. 1��•.a ; � b::Sirn' :.)H $� ry.e xx.Y K,.� y=. .. .+.................e�itn�:pe.Stbµet;tnR....K...R.�.�..... ,. .. ... a:�:. .. 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 REOUIREMENT. 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 TYPE OF INSURANCE POLICY NUMBER POLICY OWCTTVB POLICY NWIRATIO LIMITS LTR OATE(MM/DD/YY) DATB(MM/DD/YY) OBNBRAL LIABILITY i GENERAL AGGREGATE S 6001000 COMMERCIAL GENERAL LIABILITY S - $00000 X PRODUCTS-COMP/OP AGG. < CLAIMS MACE OCCUR. I PERSONAL & ADV. INJURY _ 500,000 A VYV^ OWNER'S & CONTRACTOR'S PROT. GLA3183631 01-OCT-189601-OCT-1996!EACH OCCURRENCE S 500,000 FIRE DAMAGE (An one fire) S _.1001000 MED. EXPENSE IA.y one persod S EXCLUDED ! AUTOMOBILE LIABILITY I COMBINED SINGLE S I LIMIT ANY AUTO ..._. _ .... ..... ... . • ... .... .. _.. . ALL OWNED AUTOS i BODILY INJURY S (Per person) SCHEDULED AUTOS BODILY INJURY (Per ecclderN_- i HIRED AUTOS NON -OWNED AUTOS I PROPERTY DAMAGE GARAGE LIABILITY I S EIICESa LIAeLrTY I I EACH OCCURRENCE 6 2 500,000_ B X UMBRELLA FORM ; BE3090671 01—OCT-1995101—OCT-1996 AGGREGATE S 2,500,000 .."?.y?Tj"} ytisMrM�� r N:xx OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT T AND DISEASE -POLICY LIMIT S — EMPLOTHA6' LIASILRY � . DISEASE -EACH EMPLOYEE Is OTHER DESCRIPTION OF OPERATIONSA.00ATIONSIVEHICLESISPECIAL ITEMS Certificate holder is Additional Insured solely as respects their interest in river rafting operations conducted by tha Named Insured. i• ; CAGLLAIN: �' . :.r ...... ...:..nw�r..... ':"SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE %EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Eagle County MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURES TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 590 Broadway 3w> LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, P.O. Box 860 Eagle CO 81631 AUTHORED PRESENTATIVE