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Home My WebLink AboutC96-041 Nova GuidexO O Q :fib 4.14-7 FISHING- • ,? 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 fishing using river boats and rafts (hereinafter known as "the Operator") and use of the Fairgrounds. located in the County of Eagle. WHEREAS the County owns and operates the Fairgrounds; and WHEREAS the Fa -4 --grounds 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: a IT IS AGREED THAT: 1. The County shall allow Operator to disembark at the Fairgrounds during the fishing 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 she Fairgrounds to the Operator for specific events if the County so deems necessary and that the County must give notice of 14 days ir advance of said closing date tj the Operator; S. 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 $75.00 on br before May 22nd, 1996 (This date of -deposit is flexible if agreed upon by both parties.) The $75.00 deposit shall serve as a credit balance for the first 75 paying customers; it is understood by both parties that the $75.00 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 75 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; 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); 6 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 additional insured, and shall be carried in the minimum amount of $150,000 per in.;ury 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; 2nd other damages imposed by law upon the parties hereto. Lessee agrees to provide the County with a Certificate of Insurance acceptable to the County, nam -'.-g 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 thisday of�5 , 1996. ATTEST: By: � 9b Clerk o the oard of County Commissionerst u M - COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY C ISSIONERS.S.- By: e Bradl Building andounds P pager By: A" Business name The Operator STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this day of rE(;rL�-ppN , 1996, by �;,�,,�;J •T . �XX Tr E L _ , as pp, F,-,1nE .,-r of t —00A GGu Witness my hand and official seal. My Commission Expl,-. My commission expires: 12-6.97 C\eagle.fis 93-116 to -T. Notary Public 4 Ar��ji O F INSURANCE �E DATEsnanerpprYrl ...... i '•`:::..:::: . . ... :.:.. :. is :: >:::; ........ 0.1131L98 -.. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Wall Street Insurance POLICIES BELOW. MWall Street ........ 1111 ........................ . ........... .. ........ .. •------•.......... ..... COMPANIES AFFORDING COVERAGE Vail CO 81857- LETTERNY .....-... � ---1111..... 1111 ......... ....... ... 1111. 1111.. COMPA A Colorado Western Irtauranc ....0AMFWI!W..-1.11.... ..-..................................................... . WSLlRED .. LETTER B -•--COMP .. . ......................... 11 11... ............... .. .... Nova Guides, Inc LETIFiM C Box2018 . ........... ............................... 1111-1111. ... ........................... .....-....... .............. COMPANY D Vail CO 31E53norlo LETS - --- ------------------- COMPANY E LETre? COVERAGES .............. ... - --------- -... THIS IS TO CERTIFY THAT THE POUCIES 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 13 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ------- ---1111..- ------ .. ......... ... .............. :--- - ----------------- -- -- ..-.. . POLICYEXPIRATIO EFFEMW CO LTR TYPE OF (NSURAWr; POLICY NUMBER Y DATE (MMID" N LIMITS ................................................................. {...... ........-1111. •-- ... -------------................................. GENERAL LIABILITY 01101 01/01/91 GENERAL AGGREGATE S 1ppONG A X COMMERCIAL GENERAL LLAS-UFY PRODUCTS•COMPIOP AGO. $ 1000000 CLAIMS MADE X ; OCCUR.: PERSONAL & ADV, NJJRY $ 1000404 OWNER'S & C.OHTRACTOa5 FACT. EA H OCCURRENCES 10DODOO . ---------------......................... • -------- ------ FIRE DAMAGE (Ary one Ifni S FIRE $0000 11,11. 11:11. 1111-.....--................................................................... ----------- MED. E W9NSE {Any one person) S ........ ....... ._...._.-._.-...........-............ .. 1000 1111 ... ........................ ........------- .,................................ .......... AUT{}Mpa1LE LUMBILII'Y COM81 *0 SMOLE _ LIMIT ANY Aura - - .._......................................1111..--........�..-..- ALL OWNED AUTOS SORELY INJURY [Psr p�raonl = SCHEDULED AUTOS ....------- --- ......... ......... ........... .-.................... ..... H REp A{1T05 800ILY INJURY (Par Qocidmo S NON-OWNEG AUTOS - ... ........... . ......... .... . ....... GARA13E LIABILITY ' 1111 ..... i PFIICPERtY DAMAGE S . EXCESS LLA61Lnl UMSRELLA FORM • •••• OTHER THAN UMBRELLA FOAM WORKER'S COMPENSATION AND EMPLOYE E; LiABUw OTHER . - DESCRIPTION OF OPERATIONSA=TIONSNEMCLESOPECiAL RBAB Water Rafting Llabillty , Certificate holder Is listed as Add€tloesi Insured Eagle County CO Dept. of Bldg. & Grounds PO Box 850 Eagle CO 81631 ............................................... •-•----.............. • • ...... EACH DCCURRBICE S ------•--- .-1111 .....................1111 -------- S ---- S .... .............. ......---1.11 ... 1.......... ... - ----------. .. STATUTORY LIMITS •........... .--_..................................... . EACH AC[:�Q._ . .... ........... .......................... ...............1111.-1111... . DISEASE - POLICY LIMIT S ................................................... DISEASE - EACH F�LOY� S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 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 REPRESENTATIVES. UTHORtZEO REPRESENTATIVE