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HomeMy WebLinkAboutC97-274 Frank Bell Horse Whisperer- 0 q7 27 4.4 1 LEASE AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND FRANK BELL THIS LEASE made and entered into this 10 day of OCTOBER, 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 FRANK BELL , (Hereinafter referred to as "lessee") for the purpose of HORSE CLINIC 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, FRANK RFT.T. 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 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. x C. Picnic & Lawn Area, including restrooms, playground and picnic tables. D. Concession Stand, including the grill, freezer, cooler and sinks. X E. Arenas, chutes, announcer stand, catch pens, grandstands, arena bathrooms. X F. Horse stalls and holding pens. 2. PERIOD OF AGREEMENT The term of this lease shall commence OCTOBER 10, 1997 ,andexpire OCTOBER 1.3, 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. .! . r. .! .! . . .r., TOTAL DEPOSIT AND FEE REQUIRED: $ sTALL FgFq CO ...CTFT) THRO TGHoTTT THE CT -TNTC //VA/A -7 — C ce-� All 4. INSURANCE FOR EVENTS: 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 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 (including 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 information. TYPE OF INSURANCE REQUIRED: A. General Liability Coverage X B. Host Liquor Liability Insurance C. Liquor Legal Liability PROOF OF INSURANCE IS ATTACHED YES X NO 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 clean 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. 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 atthe 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) X 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 Agreem, L embodies the whole agreement between V 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 hell 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 BOARDOF COUNTY CO MISSIONE By: r: Name: MICHAEL J. BRADLEY Title: MANAGER, BUILDINGS AND GROUNDS LESSEE By: L G2 Name: FRANK BFLL Title: HORSE WHISPERER TRAINER STATE OF COLORADO ) )ss County of Eagle ) The foregoing was , acknowledged beforemethis 10 day of OCTOBER, 1997 , by �A-L� i ?.PX , My commission expires.,' MYOOMMISSION EXPIRr=G 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 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 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. Al 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 owner's 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. LESS&fY-4 By: 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 DAMAGES OTHER THAN NORMAL WEAR AND TEAR, CHARGE WILL BE BASED ON COST TO REPAIR OR REPLACE. ,;A,!5 LESSEE'S INITIALS 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 officers. A non profit organization may distribute income or profit to a member provided the member is another non profit organization. 2 3. 4 5 DEPOSIT DAILY FEEAD ILY FEE DAILY FEE ALL PRIVATE OTHER NONPROFIT Exhibition Hall (w/okitchen) 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 Concession Stand CLEANING AND DAMAGE DEPOSIT: $150.00 $50.00 Negotiable No daily fee Arenas CLEANING AND DAMAGE DEPOSIT: $200.00 Negotiable Negotiable No daily fee Stalls and Pens CLEANING AND DAMAGE DEPOSIT: $25.00 $5.00 Negotiable No daily fee 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: FUND RAISER TOTAL AMOUNT OF DEPOSIT AND FEES: $ 250.00 DAMAGE DEPOSIT/ STALL FEES COLLECTED THROUGHOUT CLINIC WILL BE RETURNED TO EAGLE COUNTY. INSURANCE CERTIFICATE Policy #5281651-201 Agency: Phoenix Enterprises Company: Colorado Western Ina. Co. Box 136 Effective:12:01 AM 23 July 1997 Morrison CO 80465 Expires: 12:01 AM 23 July 1998 Name & Address of Insured: Frank Bell dba Dances with Horses 4039 Mohawk Drive Larkspur CO 80118. Description of Operations/property horse riding instruction and clinics (Coverage indicated by *) Type of Insurance *Scheduled Form * premises/operations * product/comp.ope * personal/adv injury * fire legal liab. medical payments Limits of Liability Bodily Injury & Property Damage $1,000,000 per occurrence $1,000,000 aggregate $1,000,000 aggregate prod/c.o. $1,000,000 $ 50,000 $ 5,000 Special Conditions/Other Coverages: 1) 25% of premium or $690, whichever is greater, and all fees are earned at inception. 2) $0 deductible per claim. 3) This is a summary, consult the policy for details of coverage. 4) Waiver/release with Colorado Equine Statue required. Cancellation: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Name and Address of additional insured: Certificate holder is an additional insured ATIMA Linda Eagle County Government P 0 Box 850 Eagle CO 81631 Signature of Authorized Representative 140 Date: October 8, 1997 ea� coi. 12/95 0 1/4 INSURANCE CERTIFICATE Policy #5281651-201 Agency: Phoenix Enterprises Company: Colorado Western Ins. Co. Box 136 Effective:12:01 AM 23 July 1997 Morrison CO 60465 Expires: 12:01 AM 23 July 1998 Name & Address of Insured: Frank Bell dba Dances with Horses 4039 Mohawk Drive Larkspur CO 80118. Description of Operations/Property horse riding instruction and clinics (Coverage indicated by *? Type of Insurance *Scheduled Form * premises/operations * product/comp.ops +� personal/adv injury * fire legal liab. * medical payments Limits of Liability Bodily Injury & Property Damage $1,000,000 per occurrence $1,000,000 aggregate $1,000,000 aggregate prod/c.o. $1,000,000 $ 50,000 $ 5,000 Special Conditions/Other Coverages: 1) 25* of premium or $690, whichever is greater, and all fees are earned at inception. 2) $0 deductible per claim. 3) This is a summary, consult the policy for details of coverage. 4) waiver/release with Colorado Equine Statue required. Cancellation: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Name and Address of additional insured: Certificate holder is an additional insured ATIMA ATTN: Linda Eagle County Government P 0 Box 850 Eagle CO 81631 Signature of Authorized Representative Date: October 8, 1997 coi. 12/95 9 f Colorado Western Insurance Company WHEATRIDGE, COLORADO NON -ASSESSABLE Q� EQUINE I fjNEW 3Two INS= r1�R BULL DBA FOR SERPIC DANCES WITH HORSES INSURANCE 4039 MOHAWK DRIVE 05-04-001 LArMSrUR, CO. 80118 (HOE IX ENi 8i POLICY NUMBER: 05-002816-51-002-0-01 POLICY PERIOD: FROM 07/23/97 TO 0 AMENDED EFFECTIVE! PREMIUM CHANGE TO E OR ADDITIONAL CONTACT YOUR AGENT SES m :01 A.M. STANDARD TIME, THE INSURED PREMISES. 23/98 /23/97 IRATION DATE $ 950 FRF 0 950 INSURANCE IS PROVIDED ONLY FOR TIIOSE COVERAGES FOR WHI H A SPECIFIC AMOTTNT OF INSURANCE IS INDICATED. WE WILL PROVIDE THE INSURANCE ESCRIBED IN THIS POLICY 114 IKETURN FOR THE FRE14IUM AND COMrLIANCE WITH ALL ADPL CABLE POLIrV PROVISIONS. VOLICY DESCRIPTION: LOCATION: 6203 S. VALLEY HIGH ROAD, LARKSPUR, CO 8011$ 47221 — RIDING INSTRUCTION 49950 — ALL STATES — ADDITIONAL INTEREST I COVERAGE DESCRIPTION LIMIT I! PREMIUM DEDUCTIBLE ------ -- ---------- ----- EACH OCCURRENCE ----------- 1,000,000 GENERAL AGGREGATE 11000,000 950 PRODUCTS/COMPLETED OPUS 1.1 000, 000 -•i , ,,;;� �t ;, t;'i,ill of Cui�4� i PERSONAL & ADV- INJURY 1 000, 000 r S I' Uh .,� . , 1; G13 `.n, MEDICAL PAYMENTS 5,000 �1 r•c►�C FIRE LEGAL LIABILITY 50,000 I y{S►;� c3 li;•�nl c�l,l{ � V LIQUOR LEGAL LIABILITY — SUBJECT TO FOLLOWING FORMS CG00/01 01/96 CG21/16 AND ENDORSE14ENTS: 11/85 CG21/36 11/85 I CG21 39 10/93 CG21/44 11/85TR CG21/47 10/93 CG21/49 10/93 0021/50 09/89 CG2 02 11/94 C-105 04/96 CW -113 04/96 CW -143 04/96 CW -145 04/96 CW- 6 04/96 CW -147 04/96 CW -148 04/96 CW -154 04/96 1L00/17 11/85 IL0 21 11/94 IL02/28 10/09 CG20/26 11/85 CG21/01 11/85 CG21/46 10/93 CW— II! 4 04/96 CW -101 06/94 I FEE: so SERVICE COMPANY: COLORADO WESTERN INSURANCE C:OMYAby PREMIUM: 950 TOTAL: 1000 DATE OF ISSUE: 07/28/97 COUNTERSIGNED:I. �.�...-.•. wwww�l7 Tl\lR71 mTTrL 07/28/97 15:55:19 I I, Colo,ado Western Insurance Comp,. -;.y WHEATRIDGE, COLORADO j COMMERCIAL GENERAL LIABILITY COVERAGi PART SUPPLEMENTAL DECLARATIONS NAME INSURED: FRANK BELL DBA FOR SERVICE OR ADDITIONAL DANCES WITH HORAVS INSURANCE - CONTACT YOUR AGENT 05-04-001 PHOENIX ENT RPRISES (303)969-82 0 POLICY NUMBER: 05-002816-51-002-0-01 POLICY PERIOD: 1 901ATHEIM. STD DARDPREMTIMEt FROM 07/23/97 TO 07 23/98 AMENDED EFFECTIVE: 0:/23/97 FORM OF BUSINESS : CORPORATION --r--w-------rr- - - -- ----- -- - ----- - •----- ------------ --- PREMIUM CLASS BASIS 47221 UNITS 49950 OTHER 36 PREM/OP ALL.OTHER 1 PREM/OP ALL OTHER TOTAL ------ ------w-.------- r --•" -------------------- THIS SUPPLEMENTAL DECLARATIONS AND THE COMMERCIAL LI, TOGETHER WlTh 'flit: COMMON POLICY COVDITIONS, COVERAGE COMPLETE THE ABOVE NUMBERED POLICY- CW -101 SD (6/94) --------------------- RATE PREMIUM 25.000 $ 90n INCL. INCL. 50.000 $ 50 $ 950 -. -r -------------------- TY -"------------------ TY DECLARATIONS, (S) AND ENDORSEMENTS TRI - COUNTY INSTIR.ANCE GROUP, INC . 19035 R. PLAZA DRIVE PARKER, CO 80134 (303) 841.-9634 Phone (303) 841-96+81 Fax DATE : —1l)---7-?7 TU: AT: FAX RE: PAGE 1 UY _ FROM: Charlene Read ( r, QD. cA—