HomeMy WebLinkAboutC99-120 Penny AndrewsLEASE AGREEMENT
between
The County of Eagle, State of Colorado
and
Penny Andrews, P. O. Box 1057, Minturn, CO 81645
This LEASE made and entered into this 3rd day of May, 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 Penny Andrews, (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, Penny Andrews represents that 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 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
2. PURPOSE - Lessee's use of the leased premises is solely for a wedding and reception.
3. PERIOD OF AGREEMENT- The term of this lease shall commence at 10:00 a.m. on Saturday, June 5,
1999, and expire at 10:00 a.m. on Sunday, June 6, 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. 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.
6. 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.
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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.
7. 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
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 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 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*
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.m. to 10:00 a.m.
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.
CleaningL Events Allowing Alcohol: $25.00 per man hour Minimum Charge: $150.00
Events Without Alcohol: $25.00 per man hour Minimum Charge: $125.00
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Damages: Other than normal wear and tear, charge(s) will be based on the cost(s) to repair/replace.
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 Earlene at the Eagle County Clerk and Recorder's office for more information.
PROOF OF INSURANCE IS ATTACHED? ES NO
10. ALCOHOL CONSUMPTION -
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 security for the
events contemplated hereby. Lessee shall provide proof of security seven (7) days prior to said event.
SECURITY REQUIRED: ES y—tui 4� ea SECURITY PROOF PROVIDED: YE NO
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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 the 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 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.
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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.
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.
E. No glass containers or bottles are allowed on Eagle County Fairgrounds property.
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
by and through
Cunningham,
Director,
Eagle County Facilities Management
LESSEE
Name, Title:
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STATE OF COLORADO )
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County of Eagle )
The foregoing was acknowledged before me this rd day of I qqC( ,
by
My commission expires: Cb.A 2M
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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.
...
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. 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.
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 barns 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.
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.
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PRODUCER THIS CERTIFICATE' ISSUED AS A MATTER OF INFORMATION
J&H MARSH & MCLENNAN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1225 17TH STREET SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
DENVER CO 80202
COMPANIES AFFORDING COVERAGE
ATTN SHELLEY URWILLER COMPANY
174XX—TULIP TULIP TULIP A FIREMAN'S FUND INSURANCE COMPANY
INSURED
COMPANY
CAPP
B
1700 BROADWAY SUITE 1512
DENVER CO 80290
COMPANY
C
COMPANY
D
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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
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TYPE OF INSURANCE
POLICY NUMBER POLICY
EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
$ 1,000,000
X
PRODUCTS - COMP/OP AGG
$ 1,000,000
A
COMMERCIAL GENERAL LIABILITY
XXC80366830
07/01 /98
07/01/99
CLAIMS MADE OCCUR
PERSONAL & ADV INJURY
S 1,000,000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
S 50,000
MED EXP (Any one person)
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
S
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
S
AGGREGATE
S
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
$
UMBRELLA FORM
S
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
STATUTORY LIMITS
EACH ACCIDENT
$
EMPLOYERS' LIABILITY
DISEASE - POLICY LIMIT
$
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE. EXCL
DISEASE - EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATIONS/LOG'ATIONSIVEHICLE$/SPECIAL ITEMS (LIMITS MAYBE SUBJECT TO RETENTIONS)
CERTIFICATE-NOL•'DER'AND EAGLE COUNTY'ARE INSURED UNDER THE TERMS OF THE POLICY AS RESPECTS WEDDING RECEPTION TO BE HELD ON
JUNE 5, 1990 AT THE EAGLE COUNTY FAIRGROUNDS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
PENNY ANDREWS
PO -BOX 1057
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
MINTURN CO 81645
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE PANY, ITS AGENTS OR REP34ENTATIVES.
AUTHORIZED REPRESENTA �
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