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HomeMy WebLinkAboutC99-152 Lakota River Guides,� C99-15t- y4 RAFTING 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 use river boats and rafts, American Rafting dba Lakota River Guides (hereinafter known as "the Operator") and use 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 rafting 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; \qMP/ 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 must give notice of 14 days in advance of said closing date to the Operator; The County will close the Fairgrounds from July 25 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 $225.00 on or before May 22nd, 1999 (This date of deposit is flexible if agreed upon by both parties.) ; 9. The Operator agrees that it will truthfully and accurately send a year end report to the County 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 addiitonal 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 le day of 1999. COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, By and Throu Its BOARD O OUNTY CO I By: Clerk to the Boa d of * * RichEVd Cun ' am, Manager County Commissioners °OLOvkh a Facilities MAP6gement Department �f424 ejx u By Business name The Operator 14w� STATE OF COLORADO ) ss. COUNTY OF EAGLE } � t Subscribed and sworn to before me this 11 day of , 1999, by Dory v ! 9,v?'12e� Witness my hand and official seal. My commission expires: d� lL e� a �.�••P U& 0�t� ZZ Z9s aNG�� i o N tary lic %4 'o Meagle.fis 93-11 4 JUN=11-1999 03:20 GLENWOOD INSUR ME 9709456027 P.01/01 .AV-0�w GER, ` '��A I � Ur ' LIAbILI I Y 1310U MM-Or W-1 1 06/3.3. _ .._ _ -- .a r r=m Ae A u1kT=0 no WNIFARMATION vmUU%#en ONLY AND COI HOLDER. THIS Glenwood =neurance AgenaY ALTER THE CC V O sox 1270 Glenwood Springs Co 81602-1270 phone:970-945-9161 Fax:970-945-6027 INSURED WSUMA: Col RORM L. A=vica�nRatting WSURERC: TwinLoocc s0 VOURER D. akeCIO 61.251 MURERR: IU0ON THE CERTIFICATE S NW AMEND, EXTEND OR .0 BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE COVERAGES �;;� PaUCIEs as: INSURMiCE LtSiEv SELOw HA1ll; st:EN ISSUED To IM WBLiRED NAMW AM= FOR THE pOI.1CY PER100 INDICATED. No�vvtTWANDING A,XY REQuiREUENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WMi RESPgCT TO WHICH THIS Cm' IFICATE MIAY SE ISSUED OR MAY PERTAIN. TM MURANCEAFFORDED BYTHrz POLICeS DESCRIBED HEREIN IS SUBACT MALL THE TERMS. 9XCLUSIONS ANO CONDITIONS OF SUCH POLIMES. AGGREGATE LIMITS SHOVM MAY HAVE BEEN REDUCED 6Y PAID CLAIMS. PM F. M IL orm TYPE OF INSURANCE POLICYRUMER DATE �► rCohm L LIABUTY mE "GENum .,AmuTY 0500328357 05/01/99 05/01/00 CLAIMS MADE Fxi OCCUR GM AGGREGATE Lo& APPLIES FEW POLICY L OC AUTOMOWLF LtABIUTY • ANY AUTO ALL owNED AUTOS SCHEOULEDAUTOS HIRED AUTOS . NGN4WNEO AUTOS GARAGE LIABILITY 7 ANY AUTO QOCESS uABWLITY 7 O=R CLAIMS MADE _ DEDUCTIBLE RE'rMON S WORKERS COMpffmTiON AND EMPLOYERS` LWBILI Y DESCRtPTWN OF GPERATION&I=TIU mur4uAwry UT cm Certificate holder in additional insured. CERTIFICATE HOLDER Y I ADDlTIMAL INSUREM INSUROR LE1TM EAGLE-2 Eagle County Yacilities Umnagement P.O. Rom 850 Nagle Co 81631 (7107) L[MR5 EACNOCCURR�ICE $10000, 000 FIRE DAYAGC {Any CM &01 S 50,000 uEo OW (Any an pwml f 11000 PERSONALAADVNAM $1,000, 000 G18OMAGGREGK`rE 51, 000, 000 PRODUCTS • CW10P AGG 81, 0 0 0, 00 0 OOddelslBOD) YINJURT (Per ps=P) _ SODLY INJURY ow soil S PRGPEfflY DAMAGE tP� �b1 AUTO Omy • r-AACCICENT s i FA ACC AUTO ONLY. AGG EACH OCCIIRROM $ i AGGREGATE i f 7CRY UMiTS x S E.L. FACH A=MW I F,L OISE= • EASIPLOVEM S EL okwASS - POLICY LIMIT S CANCELLATION SHOULD ANY CF THE AWN RESCRIBED FOXIES BE CANCELLED BEFORE'TW EXPIRATION DATE THERE", THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TKE coRTIFICATE mourn NAMED TO THI= LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO COUGATION OR LIABILITY OF ANY KIND UPON THE WSURElk ITS AGENTS OR RE_.pR"EHTATIM. ,} TOTAL P.01 I c nn., e: Boni; 3.