HomeMy WebLinkAboutC97-328 Centex Eagle Gypsum CompanyGV732847
LEASE AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
CENTS% EAGLE GYPSUM COMPANY, L.L.C.
THIS LEASE made and entered into this 9 day of DECEMBER 1997 by and between the Board of County
Com fissiongq of the Cou�ty of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County")
andbX Je hb, e`bet. r—
` T 4K9G=T—CENTEX EACLE GYPSUM CO. LLC , (Hereinafter referred to as "lessee") for the purpose
of CHRISTMAS OFFICE PARTY
WHEREAS, the County represents it is duly authorized to enter into this Agreement pursuant to Sections 30-1 1-101,
10-1 1-103, and 30-11-107, C.R.S., as amended.
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WHEREAS, A Q represp rrts that he/she is duly authorized to enter into this agreement
for its intended purposes.
THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree
hereby as follows:
I. SCOPE
The County does hereby lease to the Lessee the following premises, as indicated and marked below, situated within
the Eagle Couhty Fairgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises."
% A. Exhibition Hall, including the restrooms, stage area, tables and chairs, and kitchen facilities.
_ B. Exhibition Hall, including the restrooms, stage area, tables and chairs, and bar.
_ C. Picnic & Lawn Area, including restrooms, playground and picnic tables.
_ D. Concession Stand, including the grill, freezer, cooler and sinks.
_ E. Arenas, chutes, announcer stand, catch pens, grandstands, arena bathrooms.
_ F. Horse stalls and holding pens.
2. PERIOD OF AGREEMENT
The term of this lease shall commence DECEMBER 12, 1997and expire DECEMBER 13, 1997 10:00 A.M.
3. FEES
The deposit and fees charged for events will vary depending on the characteristics of the event and type of Lessee.
PRIVATE FUNCTIONS: Functions which are not open to the general public and are social in nature.
NON PROFIT ORGANIZATIONS AND YOUTH GROUPS: Must have proof of non profit status from the Secretary
of State's office in Denver, Colorado, or be a local chapter of a nationally chartered organization. A non profit
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 non profit organization, and/or which is open to the general
public and/or which advances the individual's or group's financial or business interest.
*** See attachment for fee structure.
Lessee is a pRTVATF. FTiNrTT(1N
TOTAL DEPOSIT AND FEE REQUIRED: $ 350.00
4. INSURANCE FOR EVENT. 1.
Insurance coverage for functions held at the Eagle County Fairgrounds for both public and private events shall be
determined by the County. If insurance is required for said function or event, the Lessee shall purchase and maintain during the
term of this Agreement insurance as illustrated in Paragraphs A and B insuring against all claims, damages, losses or expenses
arising out of or resulting from the use of the Eagle County Fairgrounds.
The Lessee, in any event which involves the selling of alcohol ("selling" including accepting donations), shall purchase and
maintain during the term of this Agreement insurance in the following 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 LiabiljU Coverage which 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 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" fourteen (14) days prior to commencement of this Lease Agreement.
B. Host Liquor Liability Insurance is required for any event in which alcohol is being served without direct or indirect
(inducting cover charge, single -price admission, contributions ortips) charge." Host Liquor 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.
C. Liquor Legal Liability Insurance 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 Recorders Office for more infommation.
TYPE OF INSURANCE REQUIRED:
A General Liability Coverage %
B. Host Liquor Liability Insurance
C. Liquor Legal Liability
PROOF OF INSURANCE IS ATTACHED YES car NO
5. DEPOSITS
The Lessee is to pay one half of the required deposit to the 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 m 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 canceled.
Lessee is responsible for any and all damages to leased premises. Leased premises are to be left in a dean, usable and
undamaged condition. If Lessee fails to dean leased space premises to the satisfaction of the County, or if the leased premises
incurs any damage during the Lessee's occupancy, excluding normal wear and tear, all cleaning and damage expenses incurred
by Eagle county shall be deducted form the above deposit, and/or additional charges shall be assassed. (See Cleaning and
Damage Charges attached hereto.)
In the event that the deposit does not cover the damage, and additional fee 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 fees are due and payable in advance.
6. KEY RETURN
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 end of said lease.
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
Priorto Lessee's event at the leased premises, Lessee shall obtain any and all licenses or inspections as may be required
by law.
8. SECURITY
Lessee agrees to provide security for the events contemplated hereby. Lessee shall contact the Eagle County Sheriffs
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. ALCOHOL CONSUMPTION
A. Lessee shall be allowed to serve alcohol in the following designated areas
B. Lessee and participants shall be allowed to consume alcohol in the following designated areas
C. Lessee intends to sell alcohol on Fairground's premises. (A separate liquor license is required. Please contact
the Eagle County Clerk and Recorders office for information.)
g_D. Lessee shall not serve alcohol on Fairground's premises.
*E. Lessee and participants shall not consume alcohol on Fairground's premises.
10. RULES AND REGULATIONS
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.
11. INDEMNIFICATION
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 leased premises.
B. Lessee agrees the leased premises shall not be used for any purpose which would render the insurance thereon
void or the insurance risk more hazardous, or for any purpose unauthorized by law.
12. LESSEE'S DUTIES
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, the Lessee shall be held 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 exceed Lessee's
deposit, Lessee agrees to pay any additional costs immediately.
13. MISCELLANEOUS
A Lessee 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 obligations made or entered into either by the County or Lessee other
than 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate. One counterpart each has been
delivered to County and Lessee.
THE COUNTY:
COUNTY OF EAGLE, STATE OF COLORADO
By and Through Its
BOARD OF COUNTY OMMISSIONERC
v
Name: MIKE J. BRADLEY
Title: MANAGER, BUILDINGS AND GROUNDS DEPT.
LESSEE
By:
Name: PAT SEEGRZIS�,A I i hk} e� r c
Title:
STATE OF COLORADO
)ss
County of Eagle )
The foregoing was acknowledged before me this day of
by
WMAIIS EXPIRES
My commission expires: 3111/2000
r
Notary Public
EAGLE COUNTY FAIRGROUNDS
RULES AND REGULATIONS
PART I 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 held 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 hall for more than one (1) event per month unless otherwise authorized or permitted by the County.
B. Scheduling and use of the Fairgrounds and its facilities shall be managed by the Eagle County Manager or his designee.
Adeposit and/or fee may be required for specific facilities. Deposits shall be returned upon the approval of the County
if the facilities are left in the condition in which they were found.
C. In the event the does not cover the damage, an additional fee will be assessed. Lessee shall have five (5) business
days to pay an 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 premises
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 occurring 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 of any
injury, accident or damage.
H. All dogs shall be kept 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.
I. Glass beverage containers are prohibited on Fairgrounds property except in the exhibition hall, or as otherwise
authorized.
J. All County -owned equipment shall be operated by County Employees only.
K. All props, poles, portable fence panels, barrels, 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 Fairgrounds. No person under the age of 21 shall consume alcoholic
beverages on Fairgrounds property.
Q. Any and all persons using the arena shall sign a release of liability and agreement to indemnify the County from any
and all claims against the County, its agents, or assigns.
R. User shall obtain all necessary permits and licenses prior to schedule 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 manner 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 premises.
U. The County reserves the right to enter upon the Fairgrounds property at any time to insure compliance with these
Rules and Regulations.
PART II BOARDING ANIMALS
A. Unless authorized by the County, Boarding of Animals is prohibited on fairgrounds property. Unless otherwise
authorized by the County, user shall pay a $25.00 deposit and $5.00 per day fee, for each stall or pen used to insure
that the premises are left in a clean and undamaged condition. Cleaning and damage expenses shall be deducted
from the deposit and/or additional charges shall be assessed to the user in event the premises are not theft in a clean
and undamaged condition.
B. All users shall be responsible for the daily cleaning of stalls and holding pens. If user fails to clean any stall or pen, the
County shall clean them and charge the user $25.00 per day per stall or pen.
C. Only one horse or mule shall be permitted in any single stall, unless otherwise authorized by the County.
D. The County reserves the right to inspect any animal kept on the Fairgrounds property and shall attempt to call the
owner in the event any animal appears to be sick or a carrier of any contagious disease. Incoming animals that appear
sick shall not be admitted without a veterinarian's certificate of health stating the animal is healthy. Any animal that
contracts a contagious disease must be moved immediately from the Fairgrounds at the owners expense.
E. Owners of any animal kept on the Fairgrounds property shall be responsible for insuring that the animal is properly
fed and watered on a daily basis. No bulk feed shall be permitted in the bams at any time. The County shall
designate a feed storage area.
F. Animals shall not be relocated from their assigned stalls without the prior consent of the County.
G. No animal shall be permitted to be kept or stalled in the arena area.
H. At the discretion of the County, the stalls and pens shall not be available for use on days when scheduled events or
maintenance is planned.
I. Priorto boarding an animal, all owners of animals shall sign a waiver agreeing to hold the County harmless and assume
full responsibility for all claims asserted against the County.
I have read the foregoing Eagle County Fairgrounds Rules and regulations and fully understand my duties and obligations
as stated in the Rules and Regulations.
LESSEE: \
COMPLIANCE/SECURITY/DAMAGE CHARGES
The following charges will be assessed against Lessee's cleaning and damage deposit when Lessee has failed to leave leased
premises clean and free of damage as per the County's Rules and Regulations.
EVENTS ALLOWING ALCOHOL
$25.00 PER MAN HOUR
MINIMUM CHARGE: $150.00
EVENTS WITHOUT ALCOHOL
$25.00 PER MAN HOUR
MINIMUM CHARGE: $125.00
AMA
OTHER THAN NORMAL WEAR AND TEAR,
CHARGE WILL BE BASED ON COST TO REPAIR OR REPLACE.
C-�L
LESSEE'S INITIALS
Lessee agrees to pay the County the following fees for the rental and deposit of each Fairgrounds Facility:
PRIVATE FUNCTIONS: Functions which are not open to the general public and are social in nature.
OTHER Any individual or group that is not registered as a non profit organization, and/or which is open to the general public
and/or which advances the individual's or group's financial or business interest.
NONPROFIT ORGANIZATIONS AND YOUTH GROUPS: Must have proof of non profit status from the Secretary of Stat's
office in Denver, Colorado, or be a local chapter of a nationally chartered organization.
A non profit organization is defined as an organization in which no part of the income or profit is distributed to its members,
directors, or officers. A non profit organization may distribute income or profit to a member provided the member is another
non profit organization.
DEPOSIT DAILY FEEAID LY FEEAD ILY FEE
ALL PRIVATE OTHER NONPROFIT
I . Exhibition Hall (w/okitchen)
CLEANING AND DAMAGE DEPOSIT: $250.00 $80.00 Negotiable No daily fee
WITH ALCOHOL $500.00
CLEANING AND DAMAGE DEPOSIT: $250.00
WITH ALCOHOL $500.00
2. Concession Stand
CLEANING AND DAMAGE DEPOSIT: $150.00
3. Arenas
CLEANING AND DAMAGE DEPOSIT: $200.00
4. Stalls and Pens
CLEANING AND DAMAGE DEPOSIT: $25.00
5. Picnic and Lawn Area
CLEANING AND DAMAGE DEPOSIT: $250.00
WITH ALCOHOL $500.00
(Day = Each 24 hour period)
TYPE OF FEE SCHEDULE: PRTVATF. FiiNrTTON
TOTAL AMOUNT OF DEPOSIT AND FEES: $ 350.00
(w/ kitchen)
$100.00 Negotiable No daily fee
$50.00 Negotiable No daily fee
Negotiable Negotiable No daily fee
$5.00
Negotiable No daily fee
Negotiable No daily fee
Negotiable No daily fee
f
. DATE (MM/DD/YY)
Y)
hJF
AI/III:II. LRI�"i�l QIAINC
F 11/21/97
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JOHNSON & HIGGINS OF TEXAS INC
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1601 ELM ST. STE 2100
DALLAS TX 75201
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
(214) 953-3200 CONTACT: MICHELLE GROEBE
_
COMPANY
04996-00000 GAXWC AMERIC
A ST PAUL FIRE AND MARINE INSURANCE COMPANY
INSURED _ -� ^ T
AMERICAN GYPSUM
– --
COMPANY
B
PO BOX 980
—
GYPSUM CO 81637
COMPANY
C
COMPANY
D
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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 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 IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE
BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 1,000,000
X
COMMERCIAL GENERAL LIABILITY
A
CLAIMS MADE F—X] OCCUR
KK09100424
04/01/97
04/01/98
PERSONAL & ADV INJURY $ 1,000,000
EACH OCCURRENCE $ 1,000,000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire) $ 1,000,000
_
MED EXP (Any one person) $
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
S
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
HIRED AUTOS
NON -OWNED AUTOS
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY: ,
ANY AUTO
EACH ACCIDENT
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
WVK 9100293
04/01/97
04/01/98
X I STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT $ 1,000,000
DISEASE — POLICY LIMIT $ 1,000,000
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE - EACH EMPLOYEE $ 1,000,000
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO RETENTIONS)
CERTIFICATE HOLDER IS ADDITIONAL INSURED (EXCEPT ON WORKERS COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED.
RE: OFFICE CHRISTMAS PARTY ON DEC 12, 1997.
...........................................................................................
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EAGLE COUNTY BUILDING AND GROUNDS DEPT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN MICKIE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
PO BOX 449
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
EAGLE CO 81631
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
O N O THE PANY, AGENTS OR REPRESENTATIVES.
TH DRE
LIENTAT
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