HomeMy WebLinkAboutC02-100 Luis VarelaC 0ZI -1 00--32
LEASE AGREEMENT y-W,
between The County of Eagle, State of Colorado
and Luis Varela
This LEASE made and entered into this 7 day of 2002, by and between the Board of
County Commissioners of the County of Eagle, State of COlorA o, a body corporate and politic (hereinafter
referred to as the "County") and, Luis Varela (hereinafter referred to
as "Lessee").
Business Name (Lessee):
Contact Name:
Address:
Business phone #:
Luis Varela
P.O. Box 167, Avon, CO 81620
Home Phone #:970-926-8286
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, _Luis Varela , represents that he/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:
SCOPE - The County does hereby lease to the Lessee the following premises, as indicated and
marked under paragraph six below, situated within the Eagle County Fairgrounds property, County
of Eagle, State of Colorado, hereinafter referred to as the "leased premises".
Cancellation Provision- Lessees reserving multiple dates hereby agree that the County reserves the
right to cancel reserved dates for use of the facilities giving seven (7) days advance notice to Lessee.
Check whether or not cancellation provision applies below:
X Cancellation Provision does not apply.
O Cancellation Provision applies.
2. PURPOSE -Lessee's use of the leased premises is solely for:
Birth Day Party
i
Estimated number of-rer os ns attending: _* Est a a as accurately as possible.
NOTE: Lessee may forfeit any damage deposits made if the number of persons attending the event
is fifteen (15) percent greater than the estimate provided. It is the lessee's responsibility to limit
attendance to that indicated herein.
Q Commercial Events and other events using multiple facilities involving vendors and/or
exhibitors must provide a building and site event layout plan for approval.
3. FEE CATEGORIES - Refer to the Eagle County Fairgrounds Policies and Procedures Manual for
criteria. Check applicable use category below:
O Commercial or Non - Resident
X County Resident
* Non -Profit
4. PERIOD OF AGREEMENT - The term of this lease shall be, check applicable category:
Month / Day
x Exhibit Hall- 10:00 a.m. on _May 4 , 2002, to
10:00 a.m. on _May 5 2002.
O Other facilities high use days- 7:00 a.m. to 12:00 p.m. on 2002.
O Other facilities low use days- 7:00 a.m. to 10:00 p.m. on 2002.
O Term for multiple date lease shall be:
No glass containers or bottles are allowed on fairgrounds property. Music must end by 11:00 p.m.. Everyone
must be off -site by 12:00 midnight.
5. LICENSES / PERMITS - Prior to the Lessee's event at the leased premises, Lessee shall obtain any
and all licenses, permits and/or inspections as may be required by law, (food vendors must contact
the Eagle County Community Development Department- Environmental Health Division for
requirements).
6. RENTAL FEES AND DAMAGE DEPOSITS - Lessee must pay one-half of the required damage
deposit to reserve the leased premises on the requested date(s). The balance of the damage deposit
and fee is due and payable fourteen (14) days prior to the event and thi (30) days prior to the event
for the Arena and Grandstands. Events in the Arena and Grandstands must be reserved no less than
six (60) days prior to the event. Failure to pay the damage deposit and fee, as required, prior to
the event will result in the loss of the lease. A cancellation fee of $25 will be withheld from the
initial damage deposit if the event is canceled within two weeks of the event. Cancellation policy
for the Arena and Grandstands- Events canceled more than six (60) days prior to a reserved
2
event shall receive a Aw elund of damage deposit and fees paidvents canceled less than six
(60) days prior to a reserved event shall forfeit one-half of the damage deposit and any fees paid.
Any and all fees and charges shall be agreed to, in advance, and shown on the applicable Exhibit and
attached hereto. If the Lessee requires additional services, subsequent to signing the lease, the
Lessee agrees to execute an additional services form indicating the services required and the
amounts to be paid. Lessee agrees to pay for additional services within thirty (30) days after the
event ends.
The damage deposit and fee for an event will vary depending on the facilities selected, the day of the
week used, the use category into which the user falls and whether or not alcohol is consumed.
Lessee agrees to pay the County the following rental fees and damage deposits for each Fairgrounds
facility leased.
Damage Deposit and Fees Worksheet
Please refer to "exhibits " attached to this contract for facility fees.
Exhibit(s) indicating facilities, damage deposits and fees attached? .................. YES NO
Check all that apply:
Damage deposit Fee
Parking Lots Included with Lease
Eas
Wes
Pro -rodeo Arena And Grandstands
Exhibit A
Exhibit Hall / North Lawn
_500 100
Exhibit B
Livestock Barn (Indoor Arena)
Exhibit C
West Parking Lot
N/A
Exhibit D
Horse Stalls/East Parking Lot
N/A
Exhibit E
North Lawn/Picnic Area
Exhibit F
Events Office
Exhibit G
Warm-Up/Practice Arena (Outdoor Arena)
N/A
Exhibit H
Concession Stand
Exhibit I
Combined Damage Deposit for multiple facilities use
$500 no alcohol / $1,000 alcohol served or sold
Total Damage Deposit Due: / Total Fees Due: 500 100
TOTAL AMOUNT DUE: .............................................. 600
Minus one-half damage deposit due: ..................................... 250
Balance due after one-half damage deposit received: ....................... 350
1
Size of Hall:
Size of kitchen:
Seating Capacity:
Size of stage:
East parking lot:
West parking lot:
Exhibit B
EXHIBIT HALL / NORTH LAWN
Fairgrounds Road
50 x 100
10 x 20 (extra cost)
214
25 x 25
300 cars
700 cars
DAILY RENTAL FEE INCLUDES:
Hall, stage, 214 chairs, 40 tables, bathrooms, lawn area, picnic tables, grills
Non -Resident or Commercial: $30Q00/day - Friday -Sunday $200.00/day- Monday -Thursday
County Resident: ( $100.00/day -Friday-Sunday $50.00/day- Monday -Thursday
Non -Profit: 350.00/day-Friday-Sunday $25.00/day-Monday-Thursday
ADDITIONAL CHARGES:
.50 cents per seat sold per day (see FAS section of manual)
#seats sold
1 staff at $25.00/hour must be on grounds for event with attendance over 500
#staff/hrs.
Kitchen $75.00 comm./$25 YNP or ANP
$ /day
$15.00 electric hookup/day
#hookups
S10.00 water hookup/day
#hookups
East Parking Lot only (free with exhibit hall rental)
$75.00/day
West parking Lot only
$100.00/day
Additional trash cans
$5.00/can
Horse Stalls
$5.00/stall/day
Facilities Staff
$25.00/hr.
DAMAGE DEPOSIT- no alcohol / alcohol served or sold- $2501$500
\
ADDITIONAL CHARGES
TOTAL $ OU
# of low demand days x DAILY FEE $
TOTAL $
# of high demand days
x DAILY FEE $ i O
TOTAL $
TOTAL COST FOR EVENT
$ (c�(�
Damage Deposit Date Du left. V/lqw/
Date Received:
Balance of Damage Deposit and Fees Date Due: 4116102
Date received:
Educational Event Fee Waiver Applies
Facilities Admission Surcharge (FAS) Applies
*Please make checks payable to Eagle County.
7. CLEANING AND DAMAGE CHARGES - Prior to the commencement 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, (for the Exhibit Hall only there will be no pre -event
inspection, lessee accepts the facility as -is). At the termination of the Lease the County's
representative shall make a post -event walk through.
If the premises are left in a clean, usable and undamaged condition, the damage deposit will be
refunded in full to the Lessee within approximately four (4) weeks. If Lessee fails to clean the
leased premises to the satisfaction of the County, or if the leased premises incur any damage during
the Lessee's occupancy, all cleaning and damage expenses incurred by Eagle County shall be
deducted from the damage deposit. In the event that the damage deposit does not cover the damage,
the excess cleaning and damage expenses shall be charged to Lessee who shall pay that excess within
thirty (30) days of billing. Lessee agrees to comply with the facility cleaning procedures contained
in the Eagle County Fairgrounds Policies and Procedures Manual.
0 Concessionaire and Housekeeping supplemental agreement required.
8. RULES AND REGULATIONS - Lessee agrees to abide by the Eagle County Fairgrounds Rules
and Regulations as set forth in the "Eagle County Fairgrounds Policies and Procedures Manual -
Rules and Regulations", attached hereto and made a part hereof by this reference. Lessee is
responsible for enforcing the Rules and Regulations during its event and with all guests and
participants.
9. INSURANCE FOR EVENTS - The County requires all Lessees to purchase and maintain insurance
as described below under paragraphs A, B & C, insuring 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. Insurance certificates shall name Eagle County
as an "Additional Insured". Lessee agrees to provide the County with a Certificate of Insurance
acceptable to the County, naming Eagle County as an "Additional Insured" fourteen (14) days prior
2
to commencement oN Lease Agreement. Insurance may be�vailable through CTSI's Tenant
User Liability Insurance Program (TULIP), c%J& HMarsh & McLennan at 1-800-241-2610.
X A. General Liability Coverage shall be carried in the minimum amount of $150,000 per
injury and $600,000 per occurrence for claims for damages arising from Lessee's use
of the Fairgrounds, including but not limited to personal injury, death, property
damage, and other damages imposed by law upon the parties hereto.
x B. Host Liquor Liability Insurance is required for any event in which beer or alcoholic
beverages are being served without direct or indirect (including cover charge, single -
price admission, donations or tips) charge. Host Liquor Liability Insurance shall be
carried in the minimum amount of $150,000 per injury and $600,000 per occurrence.
Cl C. Liquor Legal Liability is required for any event in which beer or alcoholic beverages
are being sold by direct or indirect (including cover charge, single -price admission,
donations or tips) charge. Liquor Legal Liability Insurance shall be carried in the
minimum amount of $150,000 per injury and $600,000 per occurrence.
Proof of Insurance attached? ................................................ (�S) NO
Host Liquor Liability and/or Liquor Legal policy required? ...................... YES NO
Proof of Host Liquor and/or Liquor Legal Liability attached? ..................... YES NO
10. 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.
11. ALCOHOL CONSUMPTION - Lessee is responsible for complying with the State of Colorado
liquor laws. Alcoholic beverages may be served inside the Exhibit Hall, in connection with a private
parry, without a liquor license. ANY Lessee requesting to sell liquor must procure a valid special
events liquor license. Special events liquor licenses may only be obtained by non-profit
organizations recognized by the State of Colorado. Lessee acknowledges that the "sale" of beer and
alcoholic beverages includes indirect sale, for example by cover charge, single -price admission,
3
Marsh USA Inc. 4/30/02 7:18: PAGE 2/2 RightFAX
MARSH USAINC
MARSH
CERTIFICATE NUMBER
AM , 177.V4 tuei..+i
.F SEA-000548909-00
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
M Brsh USA Inc.
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED N THE
1225 17th Street
POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE
Suite 2100
AFFORDED BY THE POLICES DESCRIBED HEREIN.
Denver, CO 80202
COMPANIES AFFORDING COVERAGE
COMPANY
74XX-TULIP-00001-01/02
A INTERCARGO INSURANCE COMPANY
INSURED
COMPANY
CAPP
B
1700 BROADWAY, SUITE 1512
DENVER, CO 80290
COMPANY
C
COMPANY
D
u.. ,
_._ .... �__ ... r. cerhflcate fm the PC fmy Pw)�� wi N" ',A+G'di;w.
THIS IS TO CERTIFY THAT PCLIDES OF INSURANCE DESCRIB® HEREIN HAVE BEEN ISSUED TO TrF %,i RE.-L %A, FD FFE-V =Ok THE POLICY PERIM INDICATED.
NOfNI MMNOING MRY RE(IUIREMENT, TERM OR �OTION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPSCTTONMICH THE CERTIFICATE MAY BE ussuEOOR MAY
PERTAIN, THE INSURANCE AFFORDED SYTHE POUCHES DESCRIBED HEREIN IS SUBJECT TO AL THE TERMA CORDITIOVS AND EXC-U3CXJS Q: S1CH POLICES LIMITS9RONN
MAY HAVE SEEN REDUCED BY PAD CLAIMS
LTR
TYPE OF INSURANCE
POICYNUMBER
POUCYEFFECIIVE
DATE(IIMUDDIYY)
POLICY EXPIRATION
DATE 0111100RYY)
LIMITS
GENERAL
UABLm
GENERAL AGGREGATE
$
A
X
QOMMERgA GENERA LIA(LLm
PCGL4008315
07101101
07101102
PPOMMS-COMPIOPAGG
$ 1,000,000
`Fri=
-
%( QNM9 MADE ❑OCC1R
PERSONA LADVIN.AIRY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
OMNER'SSCONTRACTOTSPROf
FIRE DAMAGE(MymOAre)
$ 50,000
MEDEXP(M me eem
$
AUTOMOBILE
LIABDTY
COMBINED SINGLE LIMIT
$
MY AUTO
BODILYINJURY
CPW PW W)
$
ALL ONNED AUTOS
SCHEDULED AUTOS
SODILYINJURY
(PIN
$
HIRED AUTOS
NON-ONNFn AUTOS
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY -EAACgOENT
OTHER THAN IUTOONLY
-
My AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESSLIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
$
EMPLOYERTLNBILm
TORV LIMITS ER
EL EACH ACCIDENT
$
THE PROPRIETOR/ INCL
PARTNERSEXEO-MVE
O'FICEiSARIF IXC.
EL 011gAg{PaiCY LIMIT
$
EL DISEASEEACH EMPLOYEE
$
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIIt ITEMS (LIMITS MAY BE SUBECT TO DEDUCTIBLES OR RETENTIONS)
EAGLE COUNTY IS ADDITIONAL INSURED AS RESPECTS WEDDING RECEPTION AT THE FAIRGROUNDS ON MAY 4, 2002,
;OERTIFfCATE HOLDER
SHOULD ANY OF THE P0.1OES Dff OIBEO HEREIN BE CAN LED BEFORE THE EFPIRMB(N4 DATE THEREOF.
THE INSURER AFFORDING LOVEIU<E PALL ENDEAVOR TO MAL 29 DAYS NATEN NOPM TO THE
MS. IVONNE BARELA
P.O. BOX 167
CERTIFICATE IIQOER NAMED HEREIN BUT FAILURE TO MVL SUCH NOTICE SHALL IMPOSE MD OELI(ATON m
AVON, CO 816M
LIABK?Y K ANY KIND UPM THE INSURER AFFORMN3 C RAff, ITS AGENTS M RFPR FSFMATNES
MARSH USA NC. //.J��
BY Dorothy A. Stevens Q �111154 'AwAs
fv1M1(9199) VALID AS OF: 04130/L:2
donations or tips. 1i2(se 1Econtact the Eagle County Clerk INVIZecorder's office for more
information. Check the applicable category below:
Initials
here:
U. V. x Lessee requests to serve and consume alcohol inside the Exhibit Hall, for a private
ply.
Cl Lessee requests to sell alcohol, or charge admission to or receive donations in
connection with an event where alcohol is provided, on the Eagle County
Fairgrounds' premises; a valid special events liquor license is required.
O Lessee shall not serve or consume alcohol on the premises.
Proof of special events liquor license received? ................................... YES NO
12. SECURITY - All events where alcohol is served, consumed or sold shall provide security. Events
where attendance is greater than 150 persons in attendance shall provide security based upon the
following schedule:
0 to 100 in attendance (required only if alcohol served) ........ 1 uniformed personnel
* 100 to 200 in attendance .......... 1 uniformed personnel for no alcohol, 2 for alcohol
200 to 500 in attendance ................................ 3 uniformed personnel
500 to 1000 in attendance ............................... 4 uniformed personnel
more than 1000 in attendance ............................ 5 uniformed personnel
plus one additional uniformed personnel for each additional 1000 attendees.
O Events with 500 or more in attendance require EMT service on -site.
When required, by the guidelines above, Lessee shall provide at its sole expense uniformed security
for events. Lessee shall provide a written, signed confirmation, from the security provider, to the
Facilities Management Department no less than seven (7) days prior to the event. Security must be
arranged through a bonded security firm or the Eagle County Sheriff's Department.
Security required? ...........................ry e_,L ................... NO
Proof of security provided? ...................:'... YES ' NO
fT�vO �i': ,1?
13. KEY CHECKOUT/RETURN - Lessee shall obtain a key to the leased premises within 48 hours
of the event after the fees and damage deposits have been paid in full to the county; proof of
insurance has been submitted; proof of required security has been submitted and any other
requirements have been met. The key must be returned to the county no later than the first business
C!
day following the enc*e lease. Keys must be returned t�06eairgrounds Office at:1400
Fairgrounds Road, Eagle, CO. If the key is not returned within 48 hours after the end of the event,
a lost key fee of $50.00 will be withheld from the damage deposit.
14. MISCELLANEOUS -
Lessee may not assign all or any part of this Lease without the express, written consent of County,
which consent County may grant or deny in its sole discretion. County's consent to any such
assignment does not constitute its agreement to consent to any other assignment. Unless County's
written consent to an assignment expressly states to the contrary, Lessee's assignment of all or any
part of this Lease does not relieve Lessee from liability for the performance of all duties and
obligations to be performed by the lessee by the terms of this Lease.
A. Lessee shall permit the County to have access to the leased premises before, during, and after
the scheduled event. The County shall have the right to cancel any event, without notice, or
to stop any event in progress should the County determine that the security or life -safety of
the lessee and/or attendees is in jeopardy or if the County deems the facilities necessary for
a public emergency.
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. The written Lease embodies the whole agreement between the parties hereto. There are no
inducements, promises, terms, conditions, or obligations made or entered into by either the
County or Lessee other than those 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. If lessee fails to abide by the terms of lease, the County reserves the right to hold any or all
of lessee's damage deposit.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement. One original shall be
kept on file with the County and one copy will be delivered to Lessee.
�1
THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO
Name, Title:
by and through
RM
Wr�
L.E. Williams, Jr. /
Director Eagle County Fair & Rodeo
LESSEE
LQ') 5 0- Vo.ce(C,
Luis Varela
STATE OF COLORADO )
)ss
County of Eagle �(l)
The foregoing was /acknowledged before me this JA day of 2002
by
Notary Public
My commission expires: It / 3D /d 3-
1.4
MAY 7 2002
EAGLE COUNTY ATTORNEY
Tf-, N
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Contr5m D,:ck
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Accounting
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