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HomeMy WebLinkAboutC23-068 Cutthroat Anglers_permit EAGLE COUNTY GOVERNMENT RAFTING/FISHING OUTFITTER PERMIT AGREEMENT THIS AGREEMENT (“Agreement”) is between Eagle County, Colorado (the “County") and Cutthroat Anglers, (the “Operator”) for the use of the Fairgrounds as defined below for a river access point for commercial fishing, rafting, or boating located in the County of Eagle. WHEREAS, the County owns and operates the Fairgrounds located at 426 Fairgrounds Road, Eagle, CO 81631 (the “Fairgrounds”); and WHEREAS the Fairgrounds serves as an access point along the Eagle River for loading and/or disembarking for rafts and other boats, both commercially and privately owned; and WHEREAS the County maintains the parking area, bathroom facilities, and other recreation amenities at the Fairgrounds; and WHEREAS the parties to this Agreement agree to the schedule of services, fees, and responsibilities imparted to the parties as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and following promises, the County and the Operator agree as follows: 1. The County shall allow the Operator to disembark at the Fairgrounds during the rafting season of 2023. The parties agree that the rafting season is water dependent and that the term of this agreement shall be for as long as both parties agree the 2023 rafting season extends. 2. The County agrees that the Operator may use the Fairgrounds as a point to load and/or disembark the passengers of their rafts and river boats. 3. The Operator agrees that larger vehicles (defined as any vehicle which has the capacity to carry 16 or more people, any vehicle attached to a trailer, any trailer, or any bus) and smaller vehicles (defined as any vehicle not including a trailer with a capacity of less than 16 people) may be parked in the Fairgrounds Fishing is Fun parking lot. All parking is subject to availability as determined by the County. 4. The Operator agrees that it and its passengers will keep the Fairgrounds in a clean manner. Operators shall pack out trash. 5. The Operator agrees and understands that the Fairgrounds will be used for a variety of functions separate and distinct from the Operator's use and that its use is not exclusive. The Operator shall not inhibit the usage of the Fairgrounds by the County or others. 1 DocuSign Envelope ID: E4F8AC8F-D572-4238-9A43-5B8962622EA6 6. The Operator acknowledges and agrees that the County may close off the use of the Fairgrounds to the Operator for specific events or whenever the County deems necessary and furthermore that the County will close the Fairgrounds beginning Monday, July 24th, 2023 through Monday July 31st, 2023, during which time Operator may not load or disembark any passengers, rafts, or boats at the Fairgrounds. 7. The Operator shall pay a fee to the County for the use of the Fairgrounds. The Operator shall pay the County an initial fee of $100.00 per season on or before June 15, 2023. In addition to the $100.00 seasonal fee, the Operator shall pay an additional $2.00 per passenger who disembarks from the Fairgrounds, payable by October 31, 2023. 8. The Operator agrees that it shall truthfully and accurately send a year-end report to the County regarding the number of its paying customers and acknowledges that the County may audit the reporting of the Operator at the end of the season with the amount of passengers recorded by the Bureau of Land Management. Should the Operator fail to provide the year-end report to the County, the County reserves the right, in its sole discretion, to revoke the Operator ’s ability to use the Fairgrounds in the future. 9. The parties further agree that the Operator and its customers, through the Operator, waive any liability on the part of the County for any injuries that may occur during fishing, rafting, boating, river use, or use of the Fairgrounds. The Operator agrees that it is solely responsible for the welfare of its customers to the extent that those parties agree and that no liability is imputed to the County. Furthermore, Operator agrees, to the fullest extent permitted by law, to indemnify, hold harmless, and defend Eagle County Government, its officers, deputies, employees, and agents harmless from and against any and all claims arising from the Operator and its customers’ use of the Fairgrounds or from the conduct of any activity, program, or thing that may be permitted or suffered by Operator and its customers in or about the property, except that Operator shall not be liable for any claim, loss, damage, cost, charge, or expense arising solely out of any negligent act by Eagle County, or any of their officers, agents, or employees. 10. The Operator shall obtain general liability insurance naming Eagle County as an additional insured, and shall be carried in the minimum amount of $500,000 per injury and $1,000,000 per occurrence for coverage of claims for damages arising from the Operator ’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. The Operator agrees to provide the County with a Certificate of Insurance acceptable to the County, naming Eagle County as an "Additional Insured" within a time frame agreed to by the parties. 2 DocuSign Envelope ID: E4F8AC8F-D572-4238-9A43-5B8962622EA6 11. The Operator agrees that lack of performance with the terms of this Agreement shall result in immediate termination of usage of the Fairgrounds. 12. The parties understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations, rights, immunities, or protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. 13. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed, interpreted under, and governed by the laws of the State of Colorado. 14. The Operator represents and warrants that at all times in the performance of the Agreement, the Operation shall comply with any and all applicable laws, codes, rules, and regulations. 15. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. 16. The Operator shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. 17. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ______________. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its County Manager By:____________________________ Jeff Shroll, County Manager OPERATOR By: _______________________________ Printed Name: ______________________ Title:______________________________ 3 DocuSign Envelope ID: E4F8AC8F-D572-4238-9A43-5B8962622EA6 Ben McCormick Owner 3/8/2023 DocuSign Envelope ID: E4F8AC8F-D572-4238-9A43-5B8962622EA6