HomeMy WebLinkAboutC02-298 Roaring Fork Kennel Club0 61_—Z4S--32�- `%Moe LEASE AGREEMENT V40/ between The County of Eagle, State of Colorado and Roaring Fork Kennel Club This LEASE made and entered into this AAay of 4U6Ge 6T , 2002, 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, _Roaring Fork Kennel Club (hereinafter referred to as "Lessee"). Business Name (Lessee): Contact Name: Roaring Fork Kennel Club Carole Kreis Box 1877, Basalt, CO 81621 Business phone #: AtouE Home Phone #:_970-927-9674 WHEREAS, the County represents it is duly authorized to enter into this Lease Agreement pursuant to Sections 30-11-101, 30-11-107, and 10-11-103, C.R.S., as amended. WHEREAS, _Carole Kreis,,''ksesueLOU of R.Pke. represents that she is duly authorized to enter into this Lease Agreement on behalf of the Lessee for its intended purposes. THAT, in consideration of the mutual promises, covenants, and conditions contained herein, the parties hereto agree hereby as follows: SCOPE - The County does hereby lease to the Lessee the following premises, as indicated and marked under paragraph six below, situated within the Eagle County Fairgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises". Cancellation Provision- Lessees reserving multiple dates hereby agree that the County reserves the right to cancel reserved dates for use of the facilities giving seven (7) days advance notice to Lessee. Check whether or not cancellation provision applies below: X Cancellation Provision does not apply. O Cancellation Provision applies. 2. PURPOSE -Lessee's use of the leased premises is solely for: Dog show/training Estimated number o14.Crsons attending: SO . El t 6ate as accurately as possible. NOTE: Lessee may forfeit any damage deposits made if the number of persons attending the event is fifteen (15) percent greater than the estimate provided. It is the lessee's responsibility to limit attendance to that indicated herein. O Commercial Events and other events using multiple facilities involving vendors and/or exhibitors must provide a building and site event layout plan for approval. 3. FEE CATEGORIES - Refer to the Eagle County Fairgrounds Policies and Procedures Manual for criteria. Check applicable use category below: O Commercial or Non - Resident O County Resident X Non -Profit 4. PERIOD OF AGREEMENT - The term of this lease shall be, check applicable category: Month / Day X Exhibit Hall- 10:00 a.m. on November 3_, 2002, to 10:00 a.m. on _November 4_, 2002. * Other facilities high use days- 7:00 a.m. to 12:00 p.m. on 2002. O Other facilities low use days- 7:00 a.m. to 10:00 p.m. on 2002. O Term for multiple date lease shall be: No glass containers or bottles are allowed on fairgrounds property. Music must end by 11:00 p.m.. Everyone must be off -site by 12:00 midnight. 5. LICENSES / PERMITS - Prior to the Lessee's event at the leased premises, Lessee shall obtain any and all licenses, permits and/or inspections as may be required by law, (food vendors must contact the Eagle County Community Development Department- Environmental Health Division for requirements). 6. RENTAL FEES AND DAMAGE DEPOSITS - Lessee must pay one-half of the required damage deposit to reserve the leased premises on the requested date(s). The balance of the damage deposit and fee is due and payable fourteen (14) days prior to the event and thm (30) days prior to the event for the Arena and Grandstands. Events in the Arena and Grandstands must be reserved no less than six (60) days prior to the event. Failure to pay the damage deposit and fee, as required, prior to the event will result in the loss of the lease. A cancellation fee of $25 will be withheld from the initial damage deposit if the event is canceled within two weeks of the event. Cancellation policy for the Arena and Grandstands- Events canceled more than six (60) days prior to a reserved 2 event shall receive a refund of damage deposit and fees paidvents canceled less than si (60) days prior to a reserved event shall forfeit one-half of the damage deposit and any fees paid. Any and all fees and charges shall be agreed to, in advance, and shown on the applicable Exhibit and attached hereto. If the Lessee requires additional services, subsequent to signing the lease, the Lessee agrees to execute an additional services form indicating the services required and the amounts to be paid. Lessee agrees to pay for additional services within the (30) days after the event ends. The damage deposit and fee for an event will vary depending on the facilities selected, the day of the week used, the use category into which the user falls and whether or not alcohol is consumed. Lessee agrees to pay the County the following rental fees and damage deposits for each Fairgrounds facility leased. Damage Deposit and Fees Worksheet Please refer to "exhibits" attached to this contract for facility fees. _ Exhibit(s) indicating facilities, damage deposits and fees attached? ................. YES NO Check all that apply: Damage deposit Fee Parking Lots Included with Lease Eas Wes Pro -rodeo Arena And Grandstands Exhibit. A Exhibit Hall / North Lawn _250 _50 Exhibit B Livestock Barn (Indoor Arena) Exhibit C West Parking Lot N/A Exhibit D Horse Stalls/East Parking Lot N/A Exhibit E North Lawn/Picnic Area Exhibit F Events Office Warm-Up/Practice Arena (Outdoor Arena) N/A Concession Stand Combined Damage Deposit for multiple facilities use $500 no alcohol / $1,000 alcohol served or sold Total Damage Deposit Due: / Total Fees Due: 250. 50 Exhibit G Exhibit H Exhibit I TOTAL AMOUNT DUE: .............................................300 Minus one-half damage deposit due: ....................................250 Balance due after one-half damage deposit received: ....................... 50 3 ..0 Exhibit B EXHIBIT HALL / NORTH LAWN Fairgrounds Road Size of Hall: 50 x 100 Size of kitchen: 10 x 20 (extra cost) Seating Capacity: 214 Size of stage: 25 x 25 East parking lot: 300 cars West parking lot: 700 cars DAILY RENTAL FEE INCLUDES Hall, stage, 214 chairs, 40 tables, bathrooms, lawn area, picnic tables, grills Non -Resident or Commercial: $300.00/day - Friday -Sunday $200.00/day- Monday -Thursday County Resident: $100.00/day -Friday-Sunday $50.00/day- Monday -Thursday Non -Profit: 0.00 ay -Friday -Sunday $25.00/day-Monday-Thursday ADDITIONAL CHARGES: .50 cents per seat sold per day (see FAS section of manual) I staff at $25.00/hour must be on grounds for event with attendance over 500 Kitchen $75.00 comm./$25 YNP or ANP $15.00 electric hookup/day $10.00 water hookup/day East Parking Lot only (free with exhibit hall rental) West parking Lot only Additional trash cans Horse Stalls Facilities Staff DAMAGE DEPOSIT- no alcohol / alcohol served or sold $250 $500 ADDITIONAL CHARGES # of low demand days x DAILY FEE $ # of high demand days _�_ x DAILY FEE $fl') TOTAL COST FOR EVENT #seats sold #staff/hrs. $ /day #hookups #hookups $75.00/day $100.00/day $5.00/can $5.00/stalVday $25.00/hr. TOTAL $ 111"TD TOTAL $ TOTAL $ 5-D 7. Damage Deposit Date Dui Date Received: Balance of Damage Deposit and Fees Date Due: Date received: Educational Event Fee Waiver Applies Facilities Admission Surcharge (FAS) Applies *Please make checks payable to Eagle County. 0Aj & f� 16- CIA. da 0 o 0& ,� 3 / 09, CLEANING AND DAMAGE CHARGES - Prior to the commencement of the lease, Lessee and an authorized representative of the County shall inspect the leased premises, and shall make written note of any damaged or unclean property, (for the Exhibit Hall only there will be no pre -event inspection, lessee accepts the facility as -is). At the termination of the Lease the County's representative shall make a post -event walk through. If the premises are left in a clean, usable and undamaged condition, the damage deposit will be refunded in full to the Lessee within approximately four (4) weeks. If Lessee fails to clean the leased premises to the satisfaction of the County, or if the leased premises incur any damage during the Lessee's occupancy, all cleaning and damage expenses incurred by Eagle County shall be deducted from the damage deposit. In the event that the damage deposit does not cover the damage, the excess cleaning and damage expenses shall be charged to Lessee who shall pay that excess within thirty (30) days of billing. Lessee agrees to comply with the facility cleaning procedures contained in the Eagle County Fairgrounds Policies and Procedures Manual. 0 Concessionaire and Housekeeping supplemental agreement required. 8. RULES AND REGULATIONS - Lessee agrees to abide by the Eagle County Fairgrounds Rules and Regulations as set forth in the "Eagle County Fairgrounds Policies and Procedures Manual - Rules and Regulations", attached hereto and made a part hereof by this reference. Lessee is responsible for enforcing the Rules and Regulations during its event and with all guests and participants. 9. INSURANCE FOR EVENTS - The County requires all Lessees to purchase and maintain insurance as described below under paragraphs A, B & C, insuring against all claims, damages, losses or expenses arising out of or resulting from the use of the leased premises. The County does not provide Lessees or their guests insurance protection. Insurance certificates shall name Eagle County as an "Additional Insured". Lessee agrees to provide the County with a Certificate of Insurance acceptable to the County, naming Eagle County as an "Additional Insured" fourteen (14) days prior 4 to commencement off Lease Agreement. Insurance may be*ailable through CTSI's Tenant User Liability Insurance Program (TULIP), c% J & H Marsh & McLennan at 1-800-241-2610. X A. General Liabili1y Coverage shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence for claims for damages arising from Lessee's use of the Fairgrounds, including but not limited to personal injury, death, property damage, and other damages imposed by law upon the parties hereto. O B. Host Liquor Liability Insurance is required for any event in which beer or alcoholic beverages are being served without direct or indirect (including cover charge, single - price admission, donations or tips) charge. Host Liquor Liability Insurance shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence. O C. Liquor Legal Liability is required for any event in which beer or alcoholic beverages are being sold by direct or indirect (including cover charge, single -price admission, donations or tips) charge. Liquor Legal Liability Insurance shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence. Proof of Insurance attached? ................................................ YES NO Host Liquor Liability and/or Liquor Legal policy required? ....................... YES (T) Proof of Host Liquor and/or Liquor Legal Liability attached? ..................... YES �FD 10. 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. 11. ALCOHOL CONSUMPTION - Lessee is responsible for complying with the State of Colorado liquor laws. Alcoholic beverages may be served inside the Exhibit Hall, in connection with a private party, without a liquor license. ANY Lessee requesting to sell liquor must procure a valid special events liquor license. Special events liquor licenses may only be obtained by non-profit organizations recognized by the State of Colorado. Lessee acknowledges that the "sale" of beer and alcoholic beverages includes indirect sale, for example by cover charge, single -price admission, W1 donations or tips. tease contact the Eagle County Clerk"T�d Recorder's office for more information. Check the applicable category below: Initials here: O Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private party. O Lessee requests to sell alcohol, or charge admission to or receive donations in connection with an event where alcohol is provided, on the Eagle County Fairgrounds' premises; a valid special events liquor license is required. X Lessee shall not serve or consume alcohol on the premises.. / Proof of special events liquor license received? ...................... J.✓/.'A...... YES NO 12. SECURITY - All events where alcohol is served, consumed or sold shall provide security. Events where attendance is greater than 150 persons in attendance shall provide security based upon the following schedule: 0 to 100 in attendance (required only if alcohol served) ........ 1 uniformed personnel 100 to 200 in attendance .......... 1 uniformed personnel for no alcohol, 2 for alcohol 200 to 500 in attendance ................................ 3 uniformed personnel 500 to 1000 in attendance ............................... 4 uniformed personnel more than 1000 in attendance ............................ 5 uniformed personnel plus one additional uniformed personnel for each additional 1000 attendees. 0 Events with 500 or more in attendance require EMT service on -site. When required, by the guidelines above, Lessee shall provide at its sole expense uniformed security for events. Lessee shall provide a written, signed confirmation, from the security provider, to the Facilities Management Department no less than seven (7) days prior to the event. Security must be arranged through a bonded security fine or the Eagle County Sheriffs Department. Security required?.......................................................... YES NO Proof of security provided? ........................................!Ulu} ...... YES NO 13. KEY CHECKOUVRETURN - Lessee shall obtain a key to the leased premises within 48 hours of the event after the fees and damage deposits have been paid in full to the county; proof of insurance has been submitted; proof of required security has been submitted and any other requirements have been met. The key must be returned to the county no later than the first business 3 day following the end`T` the lease. Keys must be returned time Fairgrounds Office at:1400 Fairgrounds Road, Eagle, CO. If the key is not returned within 48 hours after the end of the event, a lost key fee of $50.00 will be withheld from the damage deposit. 14. MISCELLANEOUS - Lessee may not assign all or any part of this Lease without the express, written consent of County, which consent County may grant or deny in its sole discretion. County's consent to any such assignment does not constitute its agreement to consent to any other assignment. Unless County's written consent to an assignment expressly states to the contrary, Lessee's assignment of all or any part of this Lease does not relieve Lessee from liability for the performance of all duties and obligations to be performed by the lessee by the terms of this Lease. A. Lessee shall permit the County to have access to the leased premises before, during, and after the scheduled event. The County shall have the right to cancel any event, without notice, or to stop any event in progress should the County determine that the security or life -safety of the lessee and/or attendees is in jeopardy or if the County deems the facilities necessary for a public emergency. B. No modification or waiver of this Lease or of any covenant, condition, or provision herein contained shall be valid unless agreed to in writing by all parties. C. The written Lease embodies the whole agreement between the parties hereto. There are no inducements, promises, terms, conditions, or obligations made or entered into by either the County or Lessee other than those 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 Lease shall be interpreted as if such invalid agreement or covenant were not contained herein. E. If lessee fails to abide by the terms of lease, the County reserves the right to hold any or all of lessee's damage deposit. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement. One original shall be kept on file with the County and one copy will be delivered to Lessee. VA `ai N✓ THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO by and through L.E. WilliffsJr. Director Eagle County Fair & Rodeo LESSEE STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this day of Or--?L 2002 by /� Ce/��liae .,S.Q ✓� My commission expires: ,''1i 5n o e,— Notary Public 0 '• ,� r.! ,..� .� ..... r, ._ _ ,� r � � ` � � � � �� ' _Y ' � 1 ��/,/��•' VVL �• .. =,� .s .._ � � ._ � � ^; 'C . . ��' `� ,ACORD,. CERTIFIC11 � E OF LIABILITY INSU,,.,ANCg� ID S DA�2i061o2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown Ins of Denver 7110 W . Jefferson Ave . , #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Denver CO 80235 Phone: 303-980-6265 Fax:720-962-5142 INSURED INSURER A: Colorado Casualty Ins Co INSURER B: Raring Fork Kennel Club Inc C O Claudine Madson INSURER C: INSURER D: 4 5 32nd St Glenwood Sprg CO 81601 INSURER E: COVERAGES 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DDIYY LIMITS A j-7 1 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 I JCLAIMS MADE 7X OCCUR { GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY ECT 7 LOC CPPOS2896601 06/21/02 06/21/03 EACH OCCURRENCE $ 1 , 000 , 000 FIRE DAMAGE (Any one fire) $ 100, 000 MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE $ 1, 0 0 0, 0 0 0 PRODUCTS - COMP/OP AGG $ 1 , 0 0 0 , 0 0 0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ i BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT EA ACC OTHER THAN 1UTO ONLY: AGG OS ':H OCCURRENCE GO4� fiaka Se 'EGATE �S;SS��a �a�t. 4taS bavt t�'co S G �e'�`A �,e+�Ot�O C��1�`OSC,O�`� TORY LIMITS ER E.L. EACH ACCIDENT IDPN E.L. DISEASE - EA EMPLOYEE t E.L. DISEASE - POLICY LIMIT $ $ $ EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY $ $ $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CLUBS/CIVIC, SERVICE/SOCIAL, NO BLDG/PREM, NFP Certificate holder is additional insured as respects General Liability CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION * * * SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1-Q— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Eagle County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 850 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Eagle CO 81631 AUUKU ZO-5 (71y7) ©ACORD CORPORATION 1988 DISTRIBUTION Originals to• I. Contract Book 2. 3. 4. Gies to• 1. Accounting 2. 3. 4.