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Home My WebLink AboutC99-179 Long's ExcavationLEASE AGREEMENT between The County of Eagle, State of Colorado and Long's Excavation, P. O. Box 894, Avon, CO 81620 This LEASE made and entered into this 16th day of July, 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 Long's Excavation, (hereinafter referred to as "Lessee"). 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, Ray Foral represents that he 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 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 F 3 2. PURPOSE - Lessee's use of the leased premises is solely for a company party. 3. PERIOD OF AGREEMENT - The term of this lease shall commence at 10:00 a.m. on Saturday, July 17, 1999, and expire at 10:00 a.m. on Sunday, July 18, 1999. 4. 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. 5. RENTAL FEE AND DEPOSITS - Lessee is to pay one half of the required deposit to reserve the leased premises on the requested date(s). The balance of the deposit and fee is due and payable a minimum of fourteen (14) days prior to the event. Failure to pay said deposit and fee fourteen (14) 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 within three weeks. Lessee agrees to pay the County the following rental fee 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 provide proof of non-profit status in the form of a federal tax identification number issued by the United States Internal Revenue Service, 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: 1 TOTAL DEPOSIT & FEE REQUIRED: $600.00 *Fees based on one 24-hour period from 10: 00 a. in. to 10: 00 a. in. 6. 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. 7. 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. 8. CLEANING AND DAMAGE CHARGES - The following charges will be assessed against Lessee when Lessee has failed to leave the leased premises clean and free of damage. Cleaning: $25.00 per man hour Minimum Charge: $150.00 Damages: Other than normal wear and tear, charge(s) will be based on the cost(s) to repair/replace. If the premises is left in a clean, usable and undamaged condition, the damage deposit will be refunded in full to the Lessee within approximately four (4) weeks. Lessee's Initials: 9. INSURANCE FOR EVENTS - The County requires all Lessees to have "general liability coverage" insurance protecting them and their guests 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. The insurance 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. The Lessee, in any event which involves the selling of alcohol ("selling" including accepting donations), shall purchase and maintain a Host Liquor License is required for any event in which alcohol is being sold. Liquor licenses may only be obtained by non-profit organizations recognized by the state of Colorado. Please contact the Eagle County Clerk and Recorder's office for more information. PROOF OF INSURANCE IS ATTACHED? ES 10. ALCOHOL CONSUMPTION -Alcoholic beverages are allowed inside the Exhibition Hall only. X A. Lessee shall be allowed to serve alcohol on the premises. X 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 required by the County, Lessee shall provide at its sole expense uniformed security for event. Lessee shall provide a written, signed confirmation to Facilities Management no less than seven (7) days prior to said event. Security must be arranged through a local bonded security firm. Security Required? NO 12. KEY CHECKOUT/RETURN - Lessee shall obtain a key 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. The key shall be returned to the County no later than the first business day following the end of the lease. A penalty of $10.00 per dgy will be retained from the deposit for failure to return the key after the first business day following the end of the lease. 13. LESSEE'S DUTIES - 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 the leased 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. In the event that the deposit does not cover the damage, the excess cleaning and damage expenses shall be charged to Lessee who therefore shall pay that excess within five (5) business days of billing. Prior to the commencement and after the termination 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. 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 and repair of damage costs incurred by the County as a result of Lessee's occupancy of the leased premises. 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. ..oe 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 OF COLORADO Name, Title: STATE OF COLOR County of Eagle by and through ,hard Cunningham, Director County Facilities Management r VeeUT7 j My Commission E;peesUiJl04/2003 The foregoing was acknowledged before me this �A day of .—,k uA U by r �n 1Q k 'd 'o' W k- My commission expires: d I —04- 2-CO3 Notary PubUc. 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 any part of the fairgrounds for more than one (1) event per month unless otherwise authorized 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 ten (10) 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 signed areas only within the fairgrounds property or in the east lot outside of the fairgrounds property. 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 props, poles, portable fence panels, barrels, jump standards shall be returned to their designated storage location after each use. 'Mr..4 ems' K. All County -owned equipment shall be operated by County employees only. 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. Alcoholic beverages are allowed inside the Exhibition Hall only. 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. PART II - BOARDING ANIMALS A. Unless authorized by the County, the boarding of animals is prohibited on fairgrounds property. When authorized, user shall pay a $25.00 deposit and $5.00 per day fee for each stall or pen used to insure that the premises is left in a clean and undamaged condition, unless waived by the County. 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/day per stall or pen. C. Unless authorized by the County, only one horse or mule shall be permitted in any single stall. D. Animals shall not be relocated from their assigned stalls without the prior consent of the County. E. 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. F. 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: 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. I have read the foregoing Eagle County Fairgrounds Rules & Regulations. I fully understand my duties and obligations as stated above. FA Date ,r 1245 AVON, CO 61620 82-M/1021 DATE 2S z, PAY $ -�i TO THE 'r } ORDER OF �' O DOLLARS ' sa ° A. .n FOR rw� Rr ��4� u ��• n'00L245ii' 1:102L039991:3530522 3i1' -...,..cxt5lotti..ey.:•.,>w.^.sxr..a�=rfue!Ar+�.��>niws'-+a. r.. �•..... s •� •.. .. � �• .: LONG'S EXCAVATION, INC. 4-97 P. O. BOX 694 PH. 970-949-4682 Sent By: HP LaserJet 3100; 101; Jul-7-99 10:25; Page 2/2 O •LI c RTl t A`BILITY' IN` 'U ID ' aATE ENMtDDiiYY) PRODuct:R ZGNEX01 06L5/99 THIS GERWICATE iS ISSUED AS A MATTER OFIN %oekton Companies of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cherry Crook S. , 400 Denver Denver ALTER HE R. OV�G AFFORDED NOT TTHE POLfIC ES BEt OW. CO 8024 6-1532 32 —COMPANIES AFFORDING COVERAGE Emeta 303-753-2000 03-7 3-209 COMPANY — A Travelers/AETNA INSURED .—.,. COMPANY a3 Longfa Excavation, Inc. M1 -� — COMPANY C PO Bou 894 Avon CO 82620 COMPANY COVERAGES ' TO CERTIFY T1tAT TIiC POLIQiF� ltitF [NauRANCE LfBTLISTEDet:LOW HAVE MEN • ' : + ; = = 9st[ttp TO THE INSURED NAUIM ADM FOR N07n THE• pcoXy pERM (i�iOts:ATt�'q 1MTHSTAI$WNO ANY RtaQt�iRENENT. TERM OR ppHDt= OF ANY CQ�ITRACT OR OTHER DOCWtt;,NT tMt}I �,p� TO CiTiftCA [STiti YI�Cl1 THIS WAY BE tSt;tlEO ORJ1AY Pt;RTAiN T�iE INstiIaKCEAFFORDED 9Y TitE POLICIFB pE6C�gFp HEREIN L9 SUBJE�CTTp ALL'TitE'TERMMB, ED EXCLUSIONS ARID CONS OF SUCH POWIES. LIMITS SHOWN MAY nw! t�F.Ett R®�p by Pao Co Lyn TYPE OF D1StiRANCE FptdCY NUMBER ��EFiFCTiVE t''OtfC1f E7�IRJ1Ttt?N �^ RATE (NNtt3pitYY) CIA3•E IKMiUMh LlipTa GEitERAt, LtA8t1.17Y A X 110, tt:RUAt.OEliERAL uA ty Dx'C0754G0946 QEIiiERALAOGRtS;l1Tt; = 2, 000, 000 12/04/98 12/04/99 PRaavCTe_COMPOPAec CWIYSitIWB � OCCIiR 52 000,000 OWM3M A CONTRACTIOws PROr P�IALiADY11�WRY i 1 i 000 000 _ EACH OCCURRENCE sirOODF000 "— FmtKwAQE("ycm ") 5 50,000 AUTOMOBILE LIABILITY mmap(Aey"s. w4m) $5,000 A X ANYAUTO OTSIO754CO946 12/04/90 12/04/99CONIea�t�°sBt4Lt wuT 118000,000 ALL OWNEDAUTQB SCHEOULED AUTOS Et30tLY INJURY = (pwpam) t•WZFO AUTOS _ NON•oWNEDAUTOs �� 1 Y i PROPERTY pllyAttE _ GARAGE LIABILITY /WYAUTO AUTO ONLY - to ACCIDENT _ OTHER THAN AUTD ONLY: EAM ACCIDoff $ E�tCESo L,iAatu*U AGGREGATE 3 UMBRELLA FORM EACH dV:iBR THAN W+t6RE1.LA p'GRM AGOREGATE i WORKWWCOMPENSATMAND i rARPL VERWLfAe ny SFAWI log THE Pt OPRitfTOA/ tNCL EL EACH AMOENT' j PARTNERWEncurm a*WeR5 ARE: EWL I3 AaE - I�Ottty LINK S OTHER t2L as u . EA IMPLCM : The Certificate iljolder is Additional inalarad for 1,tili,ty arising out of rental . of Eagle County Fairground9 facility on r li9 9. 'bCff CfnAT0 9"0% .. :• CANCEL.I.ATION a FAGCOl 6 GKOULD ANT oR THE AeovE DESCRIRW POW1E5 sECAWEI BEFORA THE 'MRA" ON DATE THEREOF. ME 5SWNG CoMpANY WILL ENDFAVOR TO AtAtL 3. QAVS VWUr N NOTICE 7o THE CERMCAIM HOLDS NUED TO THE Eagle County Co=i a s i oners BUT FAILURE TO MAIL SUCH 1i C1=1 SHALL IMPOSE no Oti MATION On L UMLny P.O. Box 850 OP ANY KNO UPON THE CGNPANvr ITS AGENTS OR REPRFmEli1TATpX& i:stgl@, CO 81631 AUTHOR= REPiM tiiTATIYt; 2. i . 4 t_ Sent -By: HP LaserJet 3100; 101; Jul-7-99 10:24; M Page 1/2 FAX TRANSMITTAL COVER SHEET LONG% EXCAVATION, INC F.O. BOX 894 AVON, CO 81620 (970) 9494I682 (970) 9494M6 DaTL- 7- `y q�/.— IFxoMI =662 TO: #PAGL>S-PLINCLUDES COVER arucnvAi. TxnNsMIssiox VOCU � rou,ow vim: REGULAR MAIL_ SECOND DAY DELIVERY.,„ OVERNIGHT WILL NOT FOLLOW- IWORTA.NT NOTICE This message and attachments are intended for the individual to which they are addressed ONLY. please forward this transmIttal to the intended recipient immediately. If you have received this fax in etxor, please contact our office as soon as possible. Thank you.