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HomeMy WebLinkAboutC96-097 Colorado River Guides IncC'96- 9 -7. 1 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 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 A 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, xs adci; ; trsr�a ;ued wand shall beµ carried in �a4d of claims for damages arf'sIngr fromr' lSess'ee0s use o 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 "1` day of , 1996 ATTEST: By: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMIS ION By: ikeBra eyv Building and Grounds Manager Co to rc cf o K' JenBy: Business name ' The Operator STATE OF COLORADO ) ss. COUNTY OF daOM FOOf -- ) Subscribed and sworn to .before me this 3,Jday of 1996, by Wo , as C / TreaS of vc �.s Witness my hand and official seal. My commission expires: 3 %g -Rood Notary Pbblic A CORD "� - - ..�►TE rr: ;x::;. .';:v7i:�. `��.; .M: W •(iririiliolYY) �eaooroox•:;ah�,o-»:•xr.�n.rr ......:...:;:::;:>,,;�:::=. :. :�:..,:.• 12/28/1995 Pr:ooucER (208) 743-9426 F►47 '08) 746-6871 ONLY AND CONS. , NO RIGHTS UPON THE CERTIFlCATE Zognstad s Inc. HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR P. 0. BOX 373 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1012 Mai n COMPANIES AFFORDING COVERAGE Lewiston, ID 83501 PA ............. �...coMPANr Albany...Insurance...Co:-................... ... .. Attn: Fran Murphy Ext 104 A ........................................................................................• •• ................. ............................................................................. Colorado River Guides COMPANY B P.O. Box 711 ...................... ...........................:..................................................... ANY Oak Creek, CO 80467 COC E COMPANY D INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ........................ .. .. .............. ......... ........ :. .......... ....... ........................ ......... ............. .. ..... ........ ......... . LTR TYPE OF INSURANCE POLICY NUMBER '• POLICY EFFECTIVE ' POLICY E)MRATION i LIMITS DATE (MMIDDIVY) DATE (MMIDDIYY) i GENERAL LIABILITY GENERAL AGGREGATE S 1 000 OO( COMMERCIAL GENERAL LIABILITY i � ............................................... .... ......... t :PRODUCTS - COMP/OP AGG S >: CLAIMS MADE .' OCCUR i A H108313#791 ': 01/01/1996 01/01/1997 :......................... ' ......... . PERSONAL 6 ADV INJURY - S OWNERS IL CONTRACTORS PROT :EACH OCCURRENCE S 1,000,00( ...................... .......................................................... FIRE S 5O OO( :..................... ......... ............ ! . . MED EXP (Any are person) S 5 OO( AUTOMOBILE LIABILITY ••••"' ANYAUTO i COMBINED SINGLE LIMB S ALL OWNED AUTOS ? i ....................................... .••.... I BODILY INJURY S SCHEDULED AUTOS ; (Perpereon) HIRED AUTOS .......: :............................ ......... ... ...... .. i BODILY INJURY NON•OWNEDAUTOS i (PK�ciANIAIS ............................................................ i E : PROPERTY DAMAGE S GARAGE LIABILITY :AUTO ONLY- EAACCIDENT S ANY AUTO ........................... :OTHER THAN AUTO ONLY: EACH ACCIDENT S ..................................................................................... AGGREGATE'S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM E AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND : TORY LIMITS . ER EMPLOYERS' LIABILITY r. t...40 :. •:....:::: . EL EACH ACCIDENT S ..................... .......................:...................................... THE PROPRIETOR/ INCL : EL DISEASE -POLICY LIMB S PARTNERSIEXECUTIVE OFFICERS ARE: EXCL ? EL DISEASE - EA EMPLOYEE S Marine Protection and $1,000,000 CSL Limits A Indemnity H108313#791 01/01/1996 01/01/1997: $250 PD Ded. j=ujurmUN OF OYERATIUNS/LOGATIor4WV&HM;LMPEC=L ITWS hi tewater outfitter S Government, Bureau of Land Management, US Forest Service and Department of Agriculture as additional nsured. Master FS -96-01 R5-96 Eagle County Grounds and Building Department Attn: Janet P. 0. Box 850 Eagle, CO 81631 SHOULD ANY OF THEABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL 3Q_ DAYS wRrrm NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVEM 11r