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HomeMy WebLinkAboutC99-153 Mt. Trout Fishing GuidesFISHING 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, Mt. Trout Fishing Guides (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 carried 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. 2 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 1999. COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, By and Throu h Its BOARD OF COUNTY C I J BY By: Clerk to the Board of�v1�-W-LPW"K10-1171 c and C n am, Manager County CommissionerFacilities Ma agement Department law>�k iQ ta✓s rc- By:— — Business name The Operator 1 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this 23 day of l/ rpm, 1999, by �l�f�, l3CC�nor� as of Witness my hand and official seal. .. . _, izss Meagle.fis 93-116 Notary Public 19 06/18/1999 14:47:40 + >y/usZa11zU CERTL,, ATE OF INSURANCE 51345210 SbUr ME (MM.1DDoVT0 6 18 99 PR07UCCH K & K Insurance Group, Inc. 1712 Magnavox Way P.O. BOX 2338 THIS CCRTIFICATC IS IS£UCD AS A MArTCR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TlilS CERTIFICATE ROCS NCIT AMCNOQ OM -ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Fort Wayne, In 46801 INSl1FED MT. TROUT FISHING GUIDES/GORSUCH LIMI COMPANY LE 7ER A TIG INSURANCE COMPANY COMPANY B LETTER D/B/A GORSUCH OUTFITTERS, INC. P.O. BOX 18146 COMPANY C LETTFR AVON, CO 81620 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED to THE INSURED NAMED ABOVE F014 THE POLICY PERIOD IN- DiCATED� NOWHSIANDING ANY REOUIRELIENT, TERM OR CONDITION OF ANY CON TFIX T OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE :NSURANCF AFFARnM RYTH= PAI If:IFR QESCRIRE7 HFRFIN •R RURifFCT M AI I. THE TFRM S. FKCI LIRIONR ANr) CoN01- TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOLCED BY PAID CLAIMS. CC. LTR TYPE OF INSURANCE POLICY NUMBER' POLICY EFFECTIVE DATE (MMt aDJYY) POLICY EXPIRATION DAB E (�4M, OD1Y`t) LIMITS (in thousands) A General l.leW[Ity ®Cammafaw General wbitity ❑ Claims Matte ®Occur. ❑Owner's & Contractors Prot. ❑ T7 3751847401 12: 01AM 1/01/99 12: 01AM 1/01/00 General Aggregate $1000 Products-Como/Cos Ampas S 1000 Personal & Advertising Injury S 1000 Eech Occurrence $ 1000 Hie Damap (Any one trre S NONE Medical Egense one rsor S 2.5 Particloant Lego Liability $ N/A AutomoNle UeSiiity I_I Any auto ❑ All ovmed autos ❑ Sche+duled autoe C mbined Uaat $ �7 rson $ hp� acraeaq $ El Hired autos ❑ Non -owned aUMS s ❑ Garage Liability ❑ Prooen Excess Liability Qtacurrnrsre AMr Wln ❑ Other then Urnbrelle form $ Statutory 1Aiiurke:s' CompanSdien $ Each Accident and 3 Dwase-I?IoUcy Limn Employers' L.iabli tY $ Disease -Each Employee aID&D $ Participant ACCWW ADDITIONAL INSURED; EAGLE COUNTY HOLDER EAGLE COUNTY PO BOX 859. EAGLE, CO.81631 Medical X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANGFI I FD RFFORF THE F)WIRATION BATE THFRI-QF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SI IALL IMPOSE NO OBLIGATION OP LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OF REPRESENTATIVES. SL 39 1-92 .CIS T RIBU ION I. Contract Boob L. 3. 4. g-qpjes to: 1. Accauntin 3.