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HomeMy WebLinkAboutC96-042 Nova Guidesn M= CV6 424-7 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 (h-rsinafter known as "the operator") and use the Fairgr--ads, 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 OP erator. Each Operator shall pay the C n or before May 22nd, 1996 (This ate of deposit is ex a 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 custcmer 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 add --"---nal insured, and shall be carried in d ,., ,, the ��.,:� w.,.- .� 6 = �� F„ �-,er oc::ur=enae fo c - era oi'' _ � r� cYa �g sing�°irom Lessee s use of the Fairgrounds, inclaaiag 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 Cartificate 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 L 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 COMMISSIONERS B .,'mike BraAl Buildinq and Gr unds nager By: c� Business name The Operator 0 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to.before me this 1-`' day of 1996, by ,— v' E rJ --J P ► -rr e �-- e(SES t D e- eJ of N 0 v FA G, LA-, o LS Witness my hand and official seal. My Commission Expires My commission expires: 12-6-97 Notary Public �E t3 R ��- ►� 2-`� i as ISSUE DA 3E I "n .�►1;ii CERTIF[CATF OF NSURANC R >' - <} > N x .. „: sz ': a.313uss. PR66uCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Wall Street Insurance POUCIES BELOW. 225 wail Street ...................... ..... ...... ...................................-....... • -----...-. COMPANIES AFFORDING COVERAGE Vail CO 81657- ... -- . COMPANY A Colorado Western Insuranc LI rTER ............ .... ........................ . .... . . .... COMPANY INSURED LErME3 ...........-- ............... ... COMPANY C Nova Guide*, Inc LETTER Box 2018 . -. CCMP.ANY Vail CO 816580DDD LETTER COMPANY LETTER COVERAGES. THIS IS TO CERTIFY THAT THE POLICIES OF INSURA'+CE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT, TEAM 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 OESCRIRED HER£iN 15 GUEIjEC: TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . .... ................. ... ..... .... ...................:................................. ........ .................... .- ..... ............ ..............,... 10 IVE POLCY EXPIRATION " -TRTYPE OF INSURANCE POLICY NUMBER pp Y (Mp GATE (Mhl p/V1) LMRB ....................... . . .. ........................ ... -,... .....I . ............ ............ ........ GENERAL UABLffY 05-000944-57-M-5- 01/01/96 01/01/97 .... .................. ............ GENERAL AGGRE4ATE _ ............... .----------- 14DGDOO A X COMMEHCM GENERAL LIAABLfTY PRCDUCTS-COMPIOP AGO. $ 100000 CLAIMS MADE X OCCUR. - - --............... ........... PERSONAL & ADV. INJURY S 1000000 OWMFA'S a CONTRACTORS PROT. EACH OCCUFRENCE $ ..... ... 100DOOO ......... - ..... ............ . .... FIRE DAMAGE (Any one Ike) i 5=10 .............. ,........ ........... .. . ..... ...................... .. . � one rsan) MED. EXPENSE (Apy ------------- I ......................... ......... I --- 1000 ...... ........ ...................................... ............... ...................................... AUTOMOBLE LilIHLITY COMBINED SINGLE LIMIT I ANY AUTO ... ..--....... -•................................................... .. ALL OWNED AUTOS WO&Y Kx(RY (Per pelwn) S SCHEDULED AUTOS „' "'........................................... HIRED AUTOS BODILY INJURY NON-OVANEO AUTOS [Per aeedenl) ---- ...---- .....----------- ..................•--------•-•- 3 -... GARAGE LL4£iL iT1 PROPOM DAMAGE 3 .............................. ....................... ................................ ........................ ..........:.............................._:... EXCESS LIAHLny EAC14 OCCUFIREHCEI -------- ........ ... . UMBRELLA FORM -- - - .....................• AGGREGATEI ............... -....................., • .................. OTHM THAN UMBFTELLA FORM --.. . ........ ...... .......... .. _.......... ..........-•-------------------- .................. ....:..... . -..... _...-.......... ........- - ---- . ... - ......• ....._ .......... -............................-.... LIMITS WORKUPS COMPENSATION i c i....----...STATfIiC1RY ..TORY. • ........................... F" ACaDENr s AND i i - ......:.. ...... - omAm - POLICY umrrS EMPLOYERS' LMLrTY I .... ............ ... ,.,.................... ....- DISEASE . EACH EMPLOYEE S ()T1iER .................................... .....•--.......-...............:-.........-._ DESCRIMN OF OPERATIOHS&OCATIONWEHiCLESISM AL ITVAS ... ............... - Water Ratting Liability Cert€Tlcate holder Is Hated as Additional Insured .V�ril f ll'Vl4T E3MVL� ; �. '} F £ �IGMw'►�r . , 4,F/ ., T� T ;\+L"�' - • ,.F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE LANCE! LED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Eagle County CO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE OepL o1 Bldg. & Grounds I.M. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PO Box 850 ' : 8 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Eagle CO 8183E AVIHORM REPRESENTATNE ACORD .25.5 (Www WORD .Cf}FIPORA719I4 •'1990