HomeMy WebLinkAboutC99-019 Cesilio GarciaCyq - j q- q-*-7
LEASE AGREEMENT
between
The County of Eagle, State of Colorado
and
Cesilio Garcia, 703 Stage Court, Aspen, CO 81611
This LEASE made and entered into this 27th 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 Cesilio Garcia, (hereinafter referred to as "Lessee") for the purpose of an anniversary
party.
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,Cesilio Garcia 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 _) tables and chairs X bar X 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 29, 1999
and expires at 10:00 a.m. on January 30, 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
insurance thereon void or the insurance risk more hazardous, or for any purpose unauthorized by law.
S. w 1%.
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*
iA�i7i117tit's7i1:F1I
Cleaning/Damage:
$250.00
$100.00
$100.00
None
With Alcohol
500.
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: 1 TOTAL DEPOSIT & FEE REQUIRED: $600.00
*Fees based on one 24-hour period from 10:00 a.m. to 10:00 a.m.
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S. 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 A
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: C C7
10. ALCOHOL CONSUMPTION -
X A. Lessee shall be allowed to serve alcohol on the premises.
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.
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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. Frat LIJt�w l f p Cape n -7 V nM— I AJAA
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.
`.MP,
THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO
by and through
Cunningham,
Director,
Eagle County Facilities Management
LESSEE
Name, Title:
STATE OF COLORADO )
)ss
County of Eagle )
The foregoing was acknowledged before me this --Q, z day of
by (� -e S i, j j0 C &t?(-) a
My commission expires: O a I �d d
ary ublic
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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.
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 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.
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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. 'Be 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.
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 theforegoingEagle County Fairgrounds Rules & Regulations. Ifully understand my duties and obligations
as stated above.
LESSEE
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