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HomeMy WebLinkAboutC00-040 St. Mary's Preschool200o-zlo-q-7 LEASE AGREEMENT between The County of Eagle, State of Colorado and St. Mary's Preschool, P.O. Box 1900, Eagle, CO 81631 This LEASE made and entered into this 3 day of March, 2000, 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 St. Mary's Preschool, (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, , represents that /sh is duly authorized to enter into this Lease Agreement on behalf 5f the Lessee for its intende oses. 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". 2. PURPOSE - Lessee's use of the leased premises is solely for a Bingo Fundraiser. 3. PERIOD OF AGREEMENT - The term of this lease shall commence at 10:00 a.m. on Saturday, March 4, 2000, and expire at 10:00 a.m. on Sunday, March, 5, 2000. 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 which are social in nature and are not open to the general public. B. 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. C. COMMERCIAL - 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. Deposit 1. Exhibition Hall/Picnic/Lawn Areas With Alcohol: $500.00 Without Alcohol: $250.00 2. Concession Stand With Alcohol: $500.00 Without Alcohol: $250.00 3. Indoor Arena/Livestock Barn With Alcohol: $500.00 Without Alcohol: $250.00 4. Rodeo Arena/Grandstands/Chutes/Pens Cleaning/Damage: TBD 5. Horse Stalls and Pens Cleaning/Damage: $25.00 Private Fee* Nonprofit Fee* Commercial Fee* $100.00 N/A $300.00 $100.00 N/A $300.00 $100.00 N/A $300.00 $100.00 N/A $300.00 $100.00 N/A $300.00 $100.00 N/A $300.00 TBD TBD TBD $5/night N/A $5/night TYPE OF FEE SCHEDULE: 1 TOTAL DEPOSIT & FEE REQUIRED: $250.00 *Fees based on one 24-hour period from 10: 00 a.m. 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. 'l 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 - Charges will be assessed against Lessee when Lessee has failed to leave the leased premises clean and free of damage. 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. A. TABLES AND CHAIRS 1. Clean all table tops and remove any items from underside (i.e. tape, gum). A mild detergent solution works best. Cleaning powder is not recommended. Stack tables with all tops up. 2. Wipe down soiled chairs and stack them facing the same direction in the racks. B. TRASH 1. Remove and replace all trash can liners from trash receptacles. 2. Place all refuse in the dumpster. 3. Pick up all exterior trash east of the large arena fences. 4. If this is an event involving livestock, pick up any manure on the roadways, lawns or paths. C. KITCHEN 1. Using a mild detergent solution, clean all countertops and mop the kitchen floor. 2. Clean all kitchen sinks and stoves. D. RESTROOMS 1. Sweep and mop floors with clean hot water. If the floor is soiled with food or beverage stains use a mild detergent solution. 2. Clean all sinks and toilets with a mild detergent solution. 3. Empty and replace all trash can liners in the trash receptacles. E. FLOORS 1. Sweep the floor to pickup the bulk of dirt. When using dry mops, be sure to keep them dry. 2. "Spot mop" any soiled areas with a mild detergent solution. Scrape up any gum on the floor. 3. Mop the entire floor with clean hot water, changing the water often to keep it clean. 4. After the floor has dried, spread "floor sweep" compound generously on the floor and re - sweep with dry mops. This will return the shine to the floor. F. WALLS - Wipe soiled areas with a mild detergent solution. G. FURNACE - Turn all thermostats back to the lowest setting after a function. H. DECORATIONS -All decorations must be attached with either masking tape or cellophane tape. No mechanical fasteners (i.e. tacks, nails or staples) shall be used. All decorations and tape shall be removed after a function. I. MOPS AND BROOMS - Place mops in a bucket of mild bleach and water solution. Return brooms to closet. Lessee's Initials: �-4 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? YES NO 10. ALCOHOL CONSUMPTION -Alcoholic beverages are allowed inside the Exhibition Hall only. A. Lessee shall be allowed to serve alcohol on the premises. u *.W1 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. X D. Lessee shall not serve alcohol on the premises. X 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? YES & Proof of Security Provided? YES—� �j IA 12. KEY CHECKOUVRETURN -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 day will be retained from the deposit for failure to return the key after the first business day following the end of the lease. A penalty of 50.00 will be retained from the deposit for a lost key. 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. C. This written Lease embodies the whole agreement between the parries hereto. There are no inducements, promises, terms, conditions, or obligations made or entered into eitherby 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 by and through Eagle County Facilities Management LESSEE Name, Title: STATE OF COLORADO ) )ss AUs�wPP° P GO F,;y i;;wr:�ission Expires u110412003 County of Eagle ) The foregoing was acknowledged before me this day of WrGl)201T) by I LAI (3 11A4U(IJA My commission expires: r b4-2-E 6 3 Notary PublicU 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. 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. Lessee Signature, Date G:\FA1RGR0Lr\Fon-ns\LEASE.WPD FEB 07 '00 03:02PM VAN GILDER INSURA1N-C—f--'"— --* DATE 02/07/00 PHIS ER17FICALIT is MSUED A MATTE THE CERTIFICATE ONLY AND CONFERS NO MGH E)REW tGRc#p, HOLDER. Ttils CERTIFICATE 00 THE pOUCIES BELOW. ALTE a THE COVERAGE AFFORDED PAGE---.— COMEAf�LES AFF COMPANY of A AT3.-avelers Casualty Surety CO. COMPANY 13Hitrtford Insurance Group__—.--,—. COMPAN*f — C COMPAN) `ACORD ..... . R-T-I u pooquorR Van Gilder Insurance Corp- 700 Broadway, suite 1000 Denver, CO 0203 ISURED Archdiocese of Denver 1300 So. Steele Street .0 Denver, CO 80210 P. 3/3 L;M] 17F , , !- . Z. T. lCy PERIOD ... ... 'NAMED ABOVE FOR THE PO BEEN ISSUED To 'THE INSURED NAM CH THIS r. :V-ERAGIE BELOW HAW OR OTHER DOCUMENT WITH RESPECT TO Will OF INSURANCE LISTED TKE '(ERMS. THE POLICIES DMON OF ANY CONTRACT TO THIS IS TO CERTIFY OR CON ED HEREIN Is SUBJECT NOTWITHSTANDING ANY REQUIREMENT. TERM TKE INSURANCE AFFORDED I TAE POLICIES DESCRIB ALI� INDICATED. N. CERTIFICATE MAY BE ISSUED OR MAY PERTAI $SHOWN HAVE BEEN REC YCE.D ILAID.ICLAIMS. pOUCIES. LIMIT MAY SUCH EXCLUSIONS AND CONDITIONS OF S LUMS POLICY EFFE eTiVE pWCY EXPIRATION pOLICy NUMBER 21yY) DATE PANIJUDIM DATE %"D CO Typp Of INSURANCE 01/00 GENMMAWREGAM_ LTR 7/ 07 01.199 0 0 i 63037SR6477 p P AGG A GENERAL, LUOLITY YL aWNIF-RcLn GENERAL LIAGIVITY PERSONAL& AVVIWURY-. '.-000 000 61 V S11090 I 1CLAWS MADE LA OCCUR F-AC14 OCCURRENCE J.000 --� $ 00 OWNER'S & CONTRACTORS PROT FIRE DAMAGE (Any 9—mr%m) 0 0*0 MED EXP pctson)_ S -4 - 10375R6477 107/01/99 07/ COMBNED SINGLE LIMIT 8 $1 r 000 1 000 A LAUTOMOBILE u#wl X ANY AUTO ALL OWNED AUTOS SCHEOULEGAUTOS 1 X KIREO AUTOS -:i I NoN-OwNF-D AUTOS GARAGE UABIUTY I ANY AUTO ..................... 1� CUP375R6417 A I EXCESS UAa1ffY X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIAMUTY TKF- PROPPJEMPJ MCL pAR-fNF p.-q&XECIJ1WE EXCL OFFICERS M' ]B aMFR CRIME 34BDDAD354t5 mployee iBhonestY: 4. orm ;L Blanket AL MS ne=ja"o OPEiP�A�PONSAJDCAnONSN EM"MPE" MS RE: Bingo Fundraiser to be held Sato @ Eagle County Fairgrounds - (See Attached Schedule.) ---------- ... ... ..... BODILY St Mary's Preschool " Attn: Pamela Whitt ingtOrl- serba,,' 215 Capitol Street Eagle, CO 81631 . ........ CaAiV. 13EF0RET14E 1JI.D ANY CW 2M ABOVE OF -SCRIBED pouotFs BE CANCELLED EXFIPA11ON DATE -niEREOF, THE ISSUING COMPANY WILL UNDIAVORTO MAIL _ [PAYS WRJTTgW W(MCE TOTKV CER11FICAyr HOLDFR NAMED To THE LEFT, Bq, FAILURE To MAIL SUCH NOTICE stIALL IMPOSE NO OWGATION OR UADILITY NY►ITS AGENTS OR REPRESENTATIVES._— of; A . -- AU -TD gEpREBEWAMVE J*M -A� �T 'ZO FEN 07 '00 03�01PM VAN GILDER INSURANCE P.2/3 p RIPTIQNS (Continued from p, je 1.) arc holer, St mar san additionaleinsuzedsar respectshurch generalFatheliabilittypwithmregard ».»•..• »^ �^�� to the above caption or 2 A3NHOUV AiN000 310V3 000a - dew �1W0�]a �j