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HomeMy WebLinkAboutC99-097 Western WatersCl FISHING AGREEMENT This Agreement is between the County of Eagle (hereinafter known as "the County") and all individuals or companies who commercially operate and/or own for the purposes of commercial fishing using river boats and rafts, Western Waters (hereinafter known as "the Operator") and use of the Fairgrounds, located in the County of Eagle. WHEREAS the County owns and operates the Fairgrounds; and WHEREAS the Fairgrounds serves as a point for loading and/or disembarkment for rafts and other river boats, commercially and privately owned; and WHEREAS the County maintains the parking areas, bathrooms, picnicking facilities and other recreation amenities at the Fairgrounds; and WHEREAS the parties of this agreement agree to the schedule of services, fees, and responsibilities imparted to the parties as set forth below: IT IS AGREED THAT: 1. The County shall allow Operator to disembark at the Fairgrounds during the fishing season of 1999 (the parties agree that the term of the season is water dependent and that the term of this agreement shall be for as long as both parties agree); 2. The County agrees that it will maintain parking areas, bathrooms and picnic facilities and trash receptacles for the use and enjoyment of the Operators; 3. The County agrees that Operator may use the Fairgrounds as a point to load and/or disembark the passengers of their rafts and river boats; 4. The Operator agrees that the larger vehicles (usually defined as a vehicle which has the capacity to carry more than 16 people including vehicles attached to trailers, trailers and buses) may be parked in the Fairgrounds parking lot as well as smaller vehicles (usually defined as a vehicle with a capacity of 16 or less persons) but all parking is subject to availability as determined by the County; 5. The Operator agrees that it and its passengers will keep the Fairgrounds in a clean manner, disposing of trash in the receptacles provided; 6. The Operator agrees that it 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; nor shall the Operator inhibit the usage of the Fairgrounds by others; 7. Both parties agree that the County may close off the use of the Fairgrounds to the Operator for specific events if the County so deems necessary and that the County will close the Fairgrounds on July 26 thru August 7, 1999. 8. The Operator shall pay a fee to the County for the use of the Fairgrounds. Each Operator shall pay the County a payment of $75.00 on or before May 22nd, 1999 (This date of payment is flexible if agreed upon by both parties.) 9. The Operator agrees that it will truthfully and accurately report to the County a year end report 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 recorded at the Bureau of Land Management. The Operator will be responsible for the year end report to the County or lose the privilege of using the Fairgrounds and face any monetary penalties associated with the County Resolution No. 93-58; 10. 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 the raft trip 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; 11. The Operator shall obtain general liability insurance naming Eagle County as additional insured, and shall be carved 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 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" within a time frame agreed to by the parties. K `. ..P0' 12. The Operator agrees that lack of performance with the terms of this agreement shall result in immediate termination of usage of the Fairgrounds. IN WITNESS WHEREOF, signed this day of M O ve , , 1999. COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, By and Through Its BOARD OF COUNTY COWMT� R By: Clerk to the Bo rd of /) R and C gham, Manager County Commissioners > <<;t� Dom Facilities anagement Department WFS iF,PN W,�ii=,2S Business The Oner�. Western Waters DBA Ed Lawn Box 299 Avon, Co 81620 3 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this day of S-! �.1999, by as Q> w� �-�- of . Witness my hand and official seal. My commission expires: Meagle.fis 93-116 Notary Public 4 DATE (MMIDD" ��: �o� CE.RTIFICATE.' OF LIABILITY. LNSURANG 8 11,10,98 PR06UCER THIS CERTIFICAT SSUED AS A MATTER OF INFORMATION r' ONLY AND CONFO RIGHTS UPON THE CERTIFICATE Ins. Assoc. of Estes, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , P . 0. Box 4190 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Estes Park CO 80517 COMPANIES AFFORDING COVERAGE I Lou LaMontia COMPANY A Gillingham & Associates, Inc. Phone No. Mont-58 6-4407 Fax No. INSURED COMPANY B COMPANY Western Waters DBA Ed Lawn C COMPANY I P O BOX 299 Avon CO 81620 D <..:.. :;•;>: .COVERAGES'*"*.> :.......:....... :........; ......:................... .................:.....:;........:::..:::..:...............: ... THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO L R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS OATS (MMIDD" DATE (MMIDWY) GENERAL LIABILITY GENERAL AGGREGATE $ N/A PRODUCTS • COMP/OP AGG $ 6 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY CGL 6 0 7 6 0 71 0 9/ O 1/ 9 8 0 9/ O 1/ 9 9 PERSONAL & ADV INJURY $ 30 0 , 0 0 0 CLAIMS MADE OCCUR OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 300 , OOO FIRE DAMAGE (Any one fire) $ 5 0 , 0 0 0 MED EXP (Any one person) $ 5 0 0 0 • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO S BODILY INJURY $ , ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY. ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND ORY LIMITS OER EL EACH ACCDENT $ EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLMSPECIAL ITEMS THE BELOW LISTED CERTIFICATE HOLDER IS ALSO ADDITIONAL INSURED CERTIFICATEHOLDER - CANCELLATION _. . ...... EAGLO 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Eagle County BOX 85 O OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 0 Eagle 81631 AUTHORIZED REPRESENTATIVE �-� �� `a Lou LaMontia 1— �� ACORD`25=S`(1l95� ... .. ..... �.: ... ,>.. ACORD�:CORP.ORATION.1988 DISTRIBUTION Orikina 1. Contract Book 3. .4. Copies to: 1. Accounting 2' * 3 4.