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HomeMy WebLinkAboutC97-293 Eagle Valley Middle SchoolC97 29 4 7 t LEASE A REEMENT r R I WEEN THE COUN-1 Y Z'-, .i .+�, STATE OF COLORADO /ND THIS LEASE made and entered into this 11" day of a4aer , by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body co orate and politic (hereinafter referred to as the "County") and Va i -�j, (Hereinafter referred to as "lessee") for the purpose 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. WHEREAS, kJdVV Ann 5JCN represents that he/she is duly authorized to enter into this agreement for its intended purposes. {' -(-QUrC�k__ \p_V-L '�Ilv i r 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." VI'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 q r/ The term of this lease shall commence iy ev) b Gr �-;: , and expire �oVem ber 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 anon 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 -rn +-i t_ QCQ n kZ(A �.aV TOTAL DEPOSIT AND FEE REQUIRED: $ 16.0 -00 rl, (-41, eam A o %, L A -,k kid/ .4 0 AAA-fx a J O O"r-A�,l /// 0A 7 ��'�•c.Gr -�/`C 6. KEY RETURN Lessee shall obtain keys to the leased premises only after said deposits and tees 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 M days prior to said event. 9. AL COHOL 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.) 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 AgrS Brit embodies the whole agreement betwe( ie parties hereto and there are no inducements, promises, tei ins, conditions, or obligations made or enterea n rto 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 COLO_ PADO By and Through Its BOARD OF COUNTY ISSIONERS By: MIKE B RAKLEY Name: Title: MANAGER, BUILDINGS AND GROUNDS DEPT. LESSEE By: _Ct d� 0,l�'Cu Name: Tara 4-xv-) _C noo-� Title: -Te cehe-f— STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this day of lqq`-7 by 0.r Q _ Qy\ --�> j Y 10 ) My commission expires:_ IM d ( L QA 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. A deposit and/or fee maybe 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 thc Fadrgrour.;is. 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. 1. 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 ail persons using the arer;a 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. FEE SCHEDULE EAGLE COUNTY FAIRGROUNDS 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. NON PROFIT 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 cfficers. A non orofrt organization may distri6L;te incl -ma or pr%.&I to a member- nrovided +e member is another non profit organization. ►1 3 4. DEPOSIT ALL Exhibition Hall CLEANING AND DAMAGE DEPOSIT: $250.00 WITH ALCOHOL $500.00 CLEANING AND DAMAGE DEPOSIT: $250.00 WITH ALCOHOL $500.00 Concession Stand CLEANING AND DAMAGE DEPOSIT: $150.00 Arenas CLEANING AND DAMAGE DEPOSIT: $200.00 DAILY FEE DAILY FEEAD ILY FEE PRIVATE OTHER NONPROFIT (w/okitchen) $80.00 Negotiable No daily fee (w/ kitchen) $100.00 Negotiable No daily fee $50.00 Negotiable No daily fee Negotiable Negotiable No daily fee Stalls and Pens CLEANING A4 -4D DAMAGE DEPOSIT: $25.G0 $3.00 Negotiable No daiiy fee 5. Picnic and Lawn Area CLEANING AND DAMAGE DEPOSIT: $250.00 $10.00 Negotiable No daily fee WITH ALCOHOL $500.00 $10.00 Negotiable No daily fee (Day = Each 24 hour period) TYPE OF FEE SCHEDULE: TOTAL AMOUNT OF DEPOSIT AND FEES: $�O OY-10-97 09:24 From:CO SCHOOL DISTS POOL 3037227888 T-230 P 02/02 Job -299 COLORADO SChIJOL DISTRICTS SELF He, jRANCE POOL CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE11TF1CATE DOES NOT AMEND, eXTM ON ALTER THE COVERAGE A (FORDED BY THE POLICIES BELOW, COLORADO SCHOOL DISTRICTS SELF INSURANCE POOL 455 Sherman Street Suite 500 Denver, Colorado 80203-405 (303)722.2600 INSURED DISTRICT Eagle County School District ATTN: ADDRESS PO Box 740 CITY, STATE ZIP Eagle, CO 81631 POLICY NUMBER: 195x97-00096 EFFECTIVE DATE: 01/01/97 EXPIRATION DATE: 01/01/98 May 19, 1997 COYERAGEB'::r .=;.;;>•.,. ; ... ; :' ..:. _ . . ; . ' . ' ..; : "". . :". � : �...... � i �:•; .)..:::«:'.:1.1'1r.'�f.:57.'r. `(� :'..`. '.' .. • ' . ' . . ..- • -. ..' l 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 ISSURANCE 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 TYPE OF9118"CE `AIMITSIMUCTOM GENERAL LIABILITY EACH OCCURRENCE ........................ $1,000,000 OCCURRENCE FORM PROFESSIONAL. SERVICES AGGREGATE .. _ .. . $1,000,000 PERSONAL Q ADV. INJURY................. . FIRE DAMAGE(Any one fire) ................... $ 50,000 MSD. EXPENSE (Any one Dow) .............. $ 1,000 AUTOMOBILE COVERAGES LIMIT PER ACCIDENT ...................... � ANY AUTO PERSONAL INJURY PROTECTION .............. $ HIRED/ NON OWNED AUTOS $ COMPREHENSIVE DEDUCTIBLE ............... PHYSICAL DAMAGE $ COLLISION DEDUCTIBLE ............. PROPERTY LIMIT...................................... $ DEDUCTIBLE ............................... $ OTHER $ DESCRIPTION OF OPERATIONSAOCATIONWENICLUMCCIAL IMUS Certificate Holder is included as Addhlonal Insured but only as rospsels the Named Inured's m0kienee. CERTIFICATE HOLDER CANCELLATION SHOULD THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE 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.