HomeMy WebLinkAboutC97-121 Labola NegraC9712147
LEASE A.GREk:MENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND )IMA yl 2 F 1997
LARnT.A NF.GRA -� l- �-►
-��� CTY A11 ORNE:`
THIS LEASE made and entered into this 14 day of FF.RRTTARY
1997, by and between the Board of County Commissioners of the
Countv of Eagle, State of Colorado, a body corporate and politic
therainafter referred to as the "County") and LAa LA NEGU__
, (hereinafter referred tca as "lessee") for
the purpose of DANCE
WHEREAS, the County represents it is duly authorized to enter
into this Agreement pursuant to Sections 30-11-101, 10-11-103, and
30-11-107, C.R.S., as amended.
WHEREAS, represents thath/she is duly
authorized to ntei into this agreement for its inten ed purposes.
W I T N E S S E T H:
THAT, in consideration of the mutual promises, covenants and
conditions contained herein, the parties hereto agree hereby as
follows:
1. SCOPE
The County does hereby lease. to the Lessee the following
premises, as indicated and marked below, situated within the Eagle
County Fairgrounds property, Courty of Eagle, State of Colorado,
hereinafter referred to as the "leased premises."
A. Exhibition Hall, including the restrooms, stage
area, tables and chairs, bar, and kitchen
facilities.
x
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, the announcer stand, catch pens,
grandstands arena bathrooms.
F. Horse stalls and holding pens.
/a6��i '7 Lv � �� �1 � � .�'(� -�7 Y� Sjf '�/� ��•2f` � y S�y, `�C.�%� � �[.v�-z� '�'-^-� �c�c�P�,
The term of this lease shall commence February 15 ,
199--1 and expire FPk„-„a,-y 16 , 199 97.
The deposit and fees charged for events will vary depending on
the characteristics of the event and the type of Lessee.
_PRIVATE FUNCTIONS: Functions which are not open to the
general public and are social in nature.
NONPROFIT ORGANIZATIONS AND yOMM GROUPS: Must have proof of
nonprofit status from the Secretary of State's office in
Denver, Colorado, or be a local chapter of a nationally
chartered organization. A nonprofit 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
nonprofit 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 NON-PROFIT ORGANIZATION
TOTAL DEPOSIT AND FEE REQUIRED: $ 9 sn _ nn
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" includes accepting donations), shall
purchase and maintain during the term of this Agreement
insurance in the following type 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
d,
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 LicTuor 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. Liguor Legal Liability 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
Recorder's Office for more information.
TYPE OF INSURANCE REQUIRED: X
A. General Liability Coverage
B. Host Liquor Liability Insurance
C. Liquor Legal Liability
PROOF OF INSURANCE IS ATTACHED YES X NO
5. DEPOSITS
The Lessee is to pay one half of the required deposit to
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 cancelled.
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
premisses to the satisfaction of'the County, or if the lease
premises incurs any damage during Lessee's occupancy,
excluding normal wear and tear, all cleaning and damage
expenses incurred by Eagle County shall be deducted from the
above deposit, and/or additional charges shall be assessed.
(See Cleaning and Damage Charges attached hereto.)
. l
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. M 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
Prior to 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 Sheriff's Office and
make security arrangements acceptable to 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
A. Lessee shall be allowed to serve alcohol in the following
designated areas
B. Lessee and particiapants shall be allowed to consume
alcohol in the following designated areas
C. Lessee intends to sell alcohol on Fairground's premises.
(A seperate liquor license is required. Please contact
the Eagle County Clerk and Recorder's office for
information.)
X D. Lessee shall not serve alcohol on Fairgrounds's
premises.
E. Lessee and participants shall not consume alcohol on
fairgrounds 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.
EAGLE COUNTY FAIRGROUNDS
RULES AND REGULATIONS
PART 1. 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 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 deposit does not cover the damage, an
additional fee will be assessed. Lessee shall have five (5)
business days to pay any 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 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.
R. All props, poles, portable fence panels, barrels and 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
scheduled 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 2. 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 left 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
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 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 barns 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. Prior to 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:
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 lease
premises.
B. Lessee agrees the leased premises shall not be used for
any purposed 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, 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
that 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.
7
Grounds & Buildings
Department
(970)328-8700
Fax: (970) 328-7720
TDD: (970) 328-8797
February 21, 1997
Mr. Felix Salinas
President
La Bola Negra Corp.
PO Box 11909
Denver, CO 80211-0000
Dear Mr. Salinas:
EAGLE COUNTY, COLORADO
Eagle County Building
P.O. Box 850
590 Broadway
Eagle, Colorado 8163 1-0850
Due to the extensive damage that was done to the lawn and sprinkler system on the
northwest lawn at the exhibit hall on February 15,1997, we will be withholding your entire
deposit of $250.00. We will be contacting you in the spring when we can evaluate the
extent of the damage.
I have enclosed copies of the post lease inspection done by the Buildings and Grounds
Department. If you have any questions in regards to this matter please give me a call at
(970) 328-8705.
Sincerely,
Paul Gregg
Supervisor
Buildings and Grounds Dept.
enc.
1; r
DATE ` cZ —7
LESSEE FF Ll x to 1, l A 1 A A IY'" /1/F— MA
AREA LEASED F -K H -t Q:, k ( fH l
I HAVE RECEIVED A COPY OF THE FAIRGROUNDS CLEANING PROCEDURES
AND UNDERSTAND ITS CONTENT.
COUNTY AGENT
PLEASE NOTE ANY SOIL, TRASH, OR DAMAGE WHICH YOU DO NOT WANT
TO BE LIABLE FOR:
POST LEASE INSPECTION 6 `LYS 5'itJ�
I WAIVE MY RIGHTS FOR A WALK THROUGH OF SAID FACILITY AND
UNDERSTAND THAT BY DOING SO I ACCEPT THE WORD OF THE COUNTY AS TO
IT'S CONDITION PRIOR TO THE EVENT.
SIGNATURE OF LESSEE
COMPLIANCE/SECURITY/DAMAGE CHARGES
THE FOLLOWING CHARGES WILL BE ASSESSED AGAINST LESSEE'S
CLEANIIJG 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
FEE SCHEDULE
EAGLE COUNTY FAIRGROUNDs
Lessee agrees to pay the County the following fees for the
rental and deposit of each Fairgrounds Facility:
NONPROFIT ORGANIZATIONS AND YOUTH GROUPS• Must have proof of
nonprofit status from the Secretary of State's office in
Denver, Colorado, or be a local chapter of a nationally
chartered organization.
A nonprofit organization is defined as an organization in
which no part of the income or profit is distributed to its
members, directors, or officers. A nonprofit organization may
distribute income or profit to a member provided the member is
another non-profit organization.
DEPOSIT DAILY FEE
1. Exhibition Hall
CLEANING AND DAMAGE DEPOSIT: $250.00 NO DAILY FEE
WITH ALCOHOL $500.00
2. CONCESSION STAND
CLEANING AND DAMAGE DEPOSIT
3. ARENAS
CLEANING AND DAMAGE DEPOSIT
4. STALLS AND PENS
CLEANING AND DAMAGE DEPOSIT
5. PICNIC AND LAWN AREA
CLEANING AND DAMAGE DEPOSIT
WITH ALCOHOL
(DAY = EACH 24 HOUR PERIOD)
$150.00 NO DAILY FEE
$200.00 NO DAILY FEE
$ 25.00 $5.00
$250.00 NO DAILY FEE
$500.00 NO DAILY FEE
TOTAL AMOUNT OF DEPOSIT AND FEES: $ 250.00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
in duplicate. One counterpart each has been delivered to County
and Lessee.
THE Comm:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Name: Michael adley
Title: Manager, Buildings and Grounds Dept.
LESSEE
By:
Title: 19011A a(C A A-110—
STATE OF COLORADO )
) ss
County of Eagle )
The foregoing was acknowledged before me this 14 day of February
19 9 7 , by Michelle A. Rioux
MY COMMISSION EXPIRES
My commission expires:
�� ,1 _ . I"31 vm
DATE
LESSEE 1w 304� Aeir&
AREA LEASED1
I VE CEIVED A COPY OF THE FAIRGROUNDS CLEANING PROCEDURES
XND UNDERSTAND, -In CONTENT.
OF
COUNTY AGENT
PLEASE NOTE/ANY SOIL, TRASH, OR DAMAGE WHICH YOU DO NOT WANT
TO BE LIABLE FOR:
POST LEASE INSPECTION
I WAIVE MY RIGHTS FOR A WALK THROUGH OF SAID FACILITY AND
UNDERSTAND THAT BY DOING SO I ACCEPT THE WORD OF THE COUNTY AS TO
IT'S CONDITION PRIOR TO THE EVENT.
SIGNATURE OF LESSEE
MEMO
To: Armando Cepeda, Pres., Mussa Records
From: Mickey Rioux, Buildings and Grounds Dept.
Subject: Damage Deposit Returns
Date: May 21, 1997
I am writing to you regarding the $250.00 damage deposit we withheld for an event
for LaBola Negra.
The total charge that incurred from a vehicle driving on the lawn at the exhibit hall on
February 14, 1997 is $50.00. I have submitted the paperwork to release the
remaining balance of $200.00 and also $250.00 for the event held on May 10. You
should be receiving a check for $450.00 within the next 2 - 3 weeks.
If you have any questions, please do not hesitate to call me.
V
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INSURANO
.. ...
ISSUE DATE
02l 0$/97
THIS BINDER IS A � EMPORARY INSURANCE
CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE
SIDE OF THIS FORM.
PRODUCER
COMPANY BINDER NO.
Colorado Western Insuranc
Wall Street Insurance
225 Wall Street
DATE EFFECTIVE TIME DATE EXPIRATION TIME
X AM X 12.01 AM
Veil CO 81657-
02/15/97 12:01 02/17/97
PM NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
CODE SUB-CODE
COMPANY PER EXPIRING POLICY NO:
DESCRIPTION OF OPERATIONSA/EHICLESIPROPERTY (Including Location)
INSURED
Dance at Eagle Fairgrounds Eagle, CO
La Bola Negra Corp.
130 Box 11909
Denver CO 80211-0000
.:.............................COVEMAWS . . ......................
TYPE OF INSURANCE
COVERAGE FORMS AMOUNT DEDUCTIBLE COINSUR
PROPERTY CAUSES OF LOSS
BASIC BROAD SPEC.
GENERAL LIABILITY
GENERAL AGGREGATE $ 1000000
X COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMP/OP AGG. $ 1000m
CLAIMS MADE X OCCUR
----------- - ----- -
PERSONAL & ADV. INJURY $ 1000000
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE $ 1000000
FIRE DAMAGE (Any one fire) $ 50000
RETRO DATE FOR CLAIMS MADE, MED. EXPENSE (Any one person) $ $000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE $
HIRED AUTOS
MEDICAL PAYMENTS $
NON-OWNED AUTOS
PERSONAL INJURY PROT. $
GARAGE LIABILITY
UNINSURED MOTORIST $
S
AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES
SCHEDULED VEHICLES ACTUAL CASH VALUE
COLLISION:
STATED AMOUNT $
OTHER THAN COL-
OTHER
EXCESS LIABILITY
EACH OCCURRENCE $
UMBRELLA FORM
AGGREGATE $
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $
STATUTORY LIMITS
WORKER'S COMPENSATION
EACH ACCIDENT $
AND
EMPLOYERS' LIABILITY
DISEASE-POLICY L MIT $
DISEASE-EACH EMPLOYEE $
SPECIAL CONDITION THER COVERAGES
MAINE :& ADDRESS
. .:::... ............................................................... .
MORTGAGEE X ADDITIONAL INSURED
Eagle County
LOSS PAYEE Landlord
C/O Building & Grounds Dept.
AN «
PO Box 850
Eagle CO 81631-
AUTHORIZED REPRESENTATIVE
ACOAD 7" (71$tfj
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