HomeMy WebLinkAboutC97-262 Arnold YantzerLEASE AGREEMENT W97 26 2 4 7 BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND ARNOLD YANTZER THIS LEASE made and entered into this 12 day of SEPTEMBER 1997 by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and ARNOLD YANTZER , (Hereinafter referred to as "lessee' for the purpose of WEDDING (ALANNA D. NELSON -' BRIDE)_. 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, ARNOLD YANTZER represents 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 County Fairgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises." X 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 ofthis lease shall commence SEPTEMBER 13, 1997 , and expire SEPTEMBER 14, 1997 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 PRIVATE FUNCTION TOTAL DEPOSIT AND FEE REQUIRED: $ 600.00 ?/a & /f � A.X,,� Oj2, --;K"ASO - Aa 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 Liability Coveragg which shall name Eagle County as additional insured, and shall be carred 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 (including cover charge, single -price admission, contributions or tips) 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. mor Leol Liabildy 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 information. TYPE OF INSURANCE REQUIRED: A General Liability Coverage B. Host Liquor Liability Insurance C. Liquor Legal Liability PROOF OF INSURANCE IS ATTACHED YES X NO X 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 (7) 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 clean, 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 assessed. (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. 2 6. KEY RETURN Lessee shall obtain keys to the leased premises only after said deposits and fees arepaid 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 forthe•events contemplated hereby. Lessee shall contact the Eagle County Sheriff's 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 X A Lessee shall be allowed to serve alcohol in the following designated areas EXHIBIT BALL & ADJACENT X B. Lessee and participants shall be allowed to consume alcohol in the following designated areas GROUNDS 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 W, 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. I I . 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. • \1VA111 01100111 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 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 bam, 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 dear 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 dose 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. 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 dean 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: By: - - • N . ID:JL1 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 DAMAGES OTHER THAN NORMAL WEAR AND TEAR, CHARGE WILL BE BASED ON COST TO REPAIR OR REPLACE. LESSEE'S INITIALS 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 COUNMMISS NERS By: Name: Title: MANAGER, BUILDINGS AND GROUNDS DEPT. LESSEE By: Name: ARNOLD S. YAN R Tide: STATE OF COLORADO ) )u County of Eagle ) The foregoing was acknowledged before me this / day of by r, V � �' (I J, Y/I )i� . n expires: 4 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 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. NONPROFIT ORGANIZATIONS AND YOUTH GROUPS: Must have proof of nonprofit 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. (Day = Each 24 hour period) TYPE OF FEE SCHEDULE: PRIVATE FUNCTION TOTAL AMOUNT OF DEPOSIT AND FEES: $ 600.00 7 DEPOSIT DAfLY FEE DAILY FEE DAILY FEE ALL PRIVATE OTHER NONPROFIT I. Exhibition Hall (w/o kitchen) CLEANING AND DAMAGE DEPOSIT: $250.00 $80.00 Negotiable No daily fee WITH ALCOHOL $500.00 (w/ kitchen) CLEANING AND DAMAGE DEPOSIT: $250.00 $100.00 Negotiable No daily fee WITH ALCOHOL $500.00 2. Concession Stand CLEANING AND DAMAGE DEPOSIT: $150.00 $50.00 Negotiable No daily fee 3. Arenas CLEANING AND DAMAGE DEPOSIT: $200.00 Negotiable Negotiable No daily fee 4. Stalls and Pens CLEANING AND DAMAGE DEPOSIT: $25.00 $5.00 Negotiable No daily 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: PRIVATE FUNCTION TOTAL AMOUNT OF DEPOSIT AND FEES: $ 600.00 7 SEP -09-97 TUE 08:23 AM H R H FAX N0, 303 722 7718 P. 02 0`114�UR'Aki`zC�A/r�a : RTS�I o%z � PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Denver ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 455 Sherman Street Suite 390 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Box 9364 COMPANIES AFFORDING COVERAGE Denver, CO 80209 COMPANY ^ ACNA Insurance Companies _ INSURED COMPANY J Arnold S. and Kathleen M. Yantzer EI P.a. Box 371 Gypsum, CO 81637 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POUGIES OF INSURANCC LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI IC POLICY PERIOD INDICATED, NwWffHsTANDINQ ANY REQUIREMENT, TERM OR CONDTCION Or. ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICII THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FXCWSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN RE0U0ED BY PAID CLAIMS, co LTA TYPEDr•INSURANCI POLICY NUMBER I POLICY EFFECTIVE !POLICY EXPIRATION DATE(MMIDDIYY)DATE(MM/DDIYY) LIMITS A 13ENERALLIABILITY TJS706365951 02/23/97 02/23/98 ar.NCRALAGGREGATE S PRODUCTS-COMP/OP AGO �. $ OMMGRCIAL GENERAL LIABILIT CLAIMS MADE u OGDUR I PERSONAL A ADV INJURY $ EACH OCCURRENCE s500 000 _ WNEMS & CONTRACTCA'S PRO X Personal Liab • I FIRE DAMAGE AnKc no fire) 5 X Medi Cal Pa mnts MEDEXP(Anyoneporwn) s5 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTOS SCHEOULEDAUTOS i BODILY INJURY (Por person) S BOD LY INJURY (Peraccideni) HIRED AUTOS NON -OWNED AUTOS l § I - PROPERTY DAMAGE +.$ V —GA•�RAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: S :. T EACHAOCIDENT 5 AGGREGATE A GxDESS LIABILITY LIS -706365951 02/23/97 02/23/98 EACH OCCURRENCE s500 000 S UMBRELLAFORM ' AGGREGATE $ I OTHCRTHAN UMBRELLAr'OFiMI WORKERS COMPENSATION AND STATUTORY LIMITS_ EMPLOYERS' LIABILITY I I EACH ACCIDENT S $ THE PROPR ETOnl INCL PARTNER51EXECUTiVE DISEASE -POLICY LIMIT DPFICERE. ARE: EXCI, DISEASE -EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!SPECIAL ITEMS Wedding Reception - Coverage from 9/12/97 through 9/14/97 TE HOLDER Eagle County Fairgrounds Exhibit Hall 460 Fairgrounds Rd. Eagle, CO 81631 I ACORD2S-5(3!83)1 ' of 1 :;�d3903 CANCELLATION >;:':::r: � .:: ' • : • .. .. . SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERECP, THE ISSUINAOOMPANYWILL ENDEAVOR TOMAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UASILITY AUTHO IZED REPRESENTATIVE ..v.A.. R •CO. ORATION 1 SEIO-09-97 TUE 08;22 AM H R H FAX O To: r s - Phone: Fal: phone: RF: _ FAX N0. 303 722 7718 P, 01 HMB, ROLA LND HAMIL'T'ON COMPANY OF DENVER 455) Sberman Street, Snits 390 P,O, Bov 9364 Denver, C oloindo 80209 ( 30:3) 722-7776 Date_ L— q — q 7 Number of pages including cover sheet: From., CINDY VAN'DEL Phone: (303) 765-1588 Pax phone: (303) 722-7718 REMARKS: ❑ Urgent ❑ For your review © Reply ASAP ❑ Please comment r (2-e r I rs' uy- Lks� _ r10 r i M Lcaa (J� `- a c e--