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HomeMy WebLinkAboutC99-020 Colorado Horseshoe Pitchers Association. /1 67 Z�o -7 LEASE AGREEMENT between The County of Eagle, State of Colorado and Colorado Horseshoe Pitchers Association P. O. Box 867, Eagle, CO 81631 This LEASE made and entered into this 28th day of January, 1999, 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 the Colorado Horseshoe Pitchers Association, (hereinafter referred to as "Lessee") for the purpose of pitching horseshoes. 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, Allen Baptist represents that he/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: 1. SCOPE - The County does hereby lease to the Lessee the following premises, as indicated and marked as below, situated within the Eagle County Fairgrounds property, County of Eagle, State of Colorado, hereinafter referred to as the "leased premises". A. Exhibition Hall (check requested items below) X restrooms X stage area X chairs bar kitchen facilities. B. Picnic and Lawn area, including restrooms, playground and picnic tables. C. Concession Stand, including the grill, freezer, cooler and sinks. D. Arenas, chutes, announcer stand, catch pens, arena bathrooms and grandstands. E. Horse stalls and holding pens. Letter Type Requested: A 2. PERIOD OF AGREEMENT- The term of this lease shall commence at 10:00 a.m. on January 28, 1999s and expire at 10:00 a.m. on May 1, 1999. 3. LICENSES - Prior to the Lessee's event at the leased premises, Lessee shall obtain any and all licenses and/or inspections as may be required by law. 4. 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. 5. 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 6. DEPOSITS - Lessee is to pay one half of the required deposit to reserve the Hall on the requested date(s). The balance of the deposit and 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 $25 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 from 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 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. 7. FEES - Lessee agrees to pay the County the following fees for the rental and deposit of each Fairgrounds facility. The deposit and fee for an event will vary depending on the characteristics of the event and type of Lessee. A. PRIVATE FUNCTIONS - Functions which are not open to the general public and are social in nature. B. 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. C. NON-PROFIT - 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. A non-profit organization may distribute income or profit to a member provided the member is another non-profit organization. Deposit Private Fee* Other Fee* Non -Profit Fee* 1. Exhibition Hall Cleaning/Damage: $250.00 $100.00 $100.00 None With Alcohol $500.00 2. Concession Stand Cleaning/Damage: $250.00 $100.00 $100.00 None With Alcohol $500.00 3. Picnic and Lawn Area Cleaning/Damage: $250.00 $100.00 $100.00 None With Alcohol $500.00 4. Arenas Cleaning/Damage: $250.00 $100.00 $100.00 None 5. Stalls and Pens Cleaning/Damage: $250.00 $100.00 $100.00 None TYPE OF FEE SCHEDULE: N/A TOTAL DEPOSIT & FEE REQUIRED: $0 *Fees based on one 24-hour period from 10:00 a.m. to 10:00 a.m. \r `1 8. 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 $600,000.00 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 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. 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 Recorder's office for more information. TYPE OF INSURANCE REQUIRED: A. General Liability Coverage X B. Host Liquor Liability Insurance C. Liquor Legal Liability Insurance Proof of insurance is attached? YES No 9. COMPLIANCE/SECURITY/DAMAGE CHARGES The following charges will be assessed against Lessee's cleaning and damage deposit when Lessee has failed to leave the leased premises clean and free of damage as per the County Fairgrounds Rules & 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(s) will be based on the cost(s) to repair/replace. Lessee's Initials: 10. ALCOHOL CONSUMPTION - X A. Lessee shall be allowed to serve alcohol in the Exhibition Hall. B. Lessee and participants shall be allowed to consume alcohol on the premises. C. Lessee intends to sell alcohol on the Eagle County Fairgrounds' premises. D. Lessee shall not serve alcohol on the premises. E. Lessee and participants shall not consume alcohol on the Fairgrounds' premises. 11. SECURITY - When stipulated and required by County, Lessee agrees to provide security for the events contemplated hereby. Lessee shall be responsible for paying any and all security costs associated with said events. Lessee shall contact the Eagle County Sheriffs office and/or provide proof of security seven (7) days prior to said event. 12. KEY CHECKOUT/RETURN - Lessee shall obtain keys to the leased premises within 48 hours of the event only after the fee and deposit have been paid in full to the county and proof of insurance has been submitted. 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. 13. 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. Prior to the commencement and termination of said 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. 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. 14. 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 Lease or of any covenant, condition, or provision herein contained shall be valid unless agreed to in writing by all parties. C. This written Lease embodies the whole agreement between the parties hereto. 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 Lease shall be interpreted as if such invalid agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement. Original will be kept on file with County and one copy will be delivered to Lessee. THE COUNTY: COUNTY OF EAGLE, STATE OFCOLORADO by and through a Director, Eagle County Facilities Management LESSEE Signature: Alan Baptist, Director, Colorado Horseshoe Pitchers Association STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this day of by 1"1- Iae1 I�o�0t St My commission expires: yz 3/ L"-IX-.�' �J EAGLE COUNTY FAIRGROUNDS - RULES & REGULATIONS PART I - GENERAL 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 Commissioners (hereinafter referred to as the "County"). No individual, organization or corporation shall be permitted to reserve the exhibition 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 Facilities Management department or the Eagle County Manager. 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 fee 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 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 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, unless 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. 4. 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 judgment of the County, persons attending a scheduled event are in violation of these Rules & 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 the Rules & Regulations. Special Provisions for the Colorado Horseshoe Pitchers Association V. Main ceiling runners, damaged previously; will replace within 30 days. W. Cross bars and ceiling tiles will be replaced on a weekly basis, as deemed necessary by the County. X. Storage under stage will be agreed upon by the County and the Colorado Horseshoe Pitchers Association. "V. v PART II - BOARDING ANIMALS A. Unless authorized by the County, the 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 the event the premises is 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 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 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. Ihave read theforegoingEagle County Fairgrounds Rules & Regulations. Ifidly understand my duties and obligations as stated above. U[ tolo MS. �,Z �,74 IS c� Iu1q•io ,+. A- N- -04' 99 010N) I5: 56 ANERIGAIT SPECIALTY , 75 CERTIFICATE OF INSURANCE NATIONAL HORSESHOE PITCHERS ASSOCIATION CLRTTFiCA FEHOLDER R"k coufttr PO Bon Wo 11*91c. CO 81631 1 isu %,-KJLA& u:wWW Lei 15bUED AS A MATTER QF A1F(iILMA'i'i8N Y AND C.(lNSERS N UpOIY THE G CERTIFICATE DOES NOT ANIV40, EX'MD, OR ALTER THE COVEAAGR AFFORDED BY TJFM POLICIES BELOW. MUDUCER American Specialty Insurance Services, INSURED Neffenal Honeskor Pifefurs Assocla�ien Inc. Colorado Charter 142 North Main Street 1043 Grayston Avenue Roanoke, IN 46783 Huatiagtoa, IN 46750 COMPANIES AFFORDING COVERAGE •, V Z .mare • sna a , v "K11zrrr S HAT THE POLICYOM of INSUAMM LtWIW B=W HAVE BEEN ISSUED 0 1NSURm NAMED ABOVI FOR THE POLICY PERIOD INDICATED: NO7 RrWTANDING ANY imQuiRBumr, TUN. OR CONDITION OP ANY CONrttACT OR OTIMR DOCUMENT WLTLL RESPECT TO WINCH THIS CERTffICATB MAY im 18sum OR mAy MTAIN. Tm INSURANCE AFFORDED BY THP POt t[Y(IM DESCRIBED HEREIN LS SUBJECT YO ALL THE TERMS. EXCLUSIONS. AND CONDI ,V$ OF SUCH POLICY(LES). LUQITS SSOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR I INSURANCE I NWMM LIABILay MORMATION/ DATE PLWlDDnM I DATE. 00&M M mr occvmnee t:nut 1.0001000 General sires=* 2.000,000 Persoeal and Advereming injury 1.WO.000 ha tm and carrgdated operations 1.000.000 L8a Liability Achtded f t+e ISPI liabnIty 50.000 Medical paymnu 5.000 Coverage applies to the sanctioned activities of the Eagle Valley Horseshoe Club, effective January through December, 1999. *Aggregate Vplies per sanctioned event. Notable Exclusions: Employment related practices; Absohue asbestos; Nuclear energy; Pollution; Damage to property in the care, custody, or control of the Insured; Fireworks. MON - SHOULD ANY OF THE ABOVE DESCRIBFZ POT ICLF..S as CANCLL66BEMRE THE EXPIRATION DATE ?lit WK Till ISSUING COMPANY WILL ENMVOR TO MAIL, 30 DAYS' WRIMN NOTICE TO THE CBRTIFICATF.KOLDER. BUT FAILURE To MALL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LiABILLTY OF ANY RIND UPON THE ODMPANY. ITS AGENTS OR MTtOSENrATIvES. w David A. Haft. Executive Vice ?mW= AMtriam Spcdatty Imurom sarvim. Lee. Alithoritcd Repr+aena6ve DATE 05UED: V41" CSRTMCATT NUMBii R CH-Asis-NHPA-"f ZO'd £ZOV 9Z6 OL6 -A0'4U00 5u�pLI-n8 sp-AemP3 V9Z=60 86-LE-DOU DISTRIBUTION 1 1. Contract $ook 4 CoR1es to: 1. Accounting 2. 3. 4.