HomeMy WebLinkAboutR93-058 rules and regulations for commercial rafting at fairgrounds_
Commissione moved adoption
of the followiy Resolution: r
BOARD OF COUNTY
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93 --J� '9
ESTABLISHING RULES AND REGULATIONS
MONITORING THE OPERATION OF
COMMERCIAL RAFTING
AT THE EAGLE COUNTY FAIRGROUNDS
WHEREAS, the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter referred to as the "Board "),
desires 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; and
WHEREAS, pursuant to S 30 -11 -107 paragraphs (c) and (e) ,
C.R.S., the Board is authorized to keep county buildings in repair
and to have the care of county property and the management of the
business concerns of the county; and
WHEREAS, by Resolution No. 90 -86, the Board established Rules
and Regulations for the Fairgrounds; and
WHEREAS, the Board desires to update the Fairgrounds Lease,
Rules and Regulations to include the monitoring of operation of
commercial rafting during the rafting season beginning historically
the Saturday of Memorial Day Weekend of each year, for the
Fairgrounds in order to manage the Fairgrounds in an efficient
manner); and
WHEREAS, pursuant to S 30- 11- 107(1)(aa), C.R.S., the Board
desires to delegate its power to enter into any Fairgrounds Lease
Agreements to the County Manager or his designee, Mike Bradley.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board hereby adopts and approves the Eagle County
Fairgrounds Agreement as written, as set forth in Exhibit "A"
attached hereto and made a part hereof by this reference.
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THAT, the Eagle County Board of County Commissioners, the
Eagle County Manager, or his designee, Mike Bradley, is hereby
authorized to enter into the Fairground Agreement with interested
commercial rafters.
THAT, the Board finds, determines and declare that this
Resolution is necessary for the public health, safety and welfare
of the citizens of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, this g day of
M— ion,
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: IC"' R`/ter' Lrd
George V Gates, Chairman
Qdm-", I
hnnette Phillips, Comm' sioner
s E. Johhsl6fi, ( T
C missioner/
Commissioner r dkrr seconded adoption of the
foregoing reso tion. e roll having been called, the vote was as
follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by c3 -6 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
rafter.agr
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 (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 1993 (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;
EXHIBIT A
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;
8. The Operator shall pay fees to the County for the use of
the Fairgrounds. Such fees shall be calculated on the basis of
$1.00 per paying customer to each operator. Each Operator shall
pay the County an initial deposit of $200.00 on or before May 24th,
1993 (This date of deposit is flexible if agreed upon by both
parties.) The $200.00 deposit shall serve as a credit balance for
the first 200 paying customers; it is understood by both parties
that the $200.00 deposit is non - refundable and any Operator serving
less than 200 customers shall not be reimbursed at any time for the
unused portion of this initial fee. It is further understood that
any Operator serving more that 200 paying customers shall pay the
County $1.00 per paying customer for each additional paying
customer over the first 200 paying customers reported;
9. The Operator agrees that it will truthfully and
accurately report to the County 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. Should the operator have under reported
the number of its customers. The Operator will be responsible for
the unpaid amount to the County as well as lose the privilege of
using the Fairgrounds and face any monetary penalties associated
with the County Ordinance No. now pending passage before the
Board of County Commissioners regarding the regulation of use of
County property;
10. The Operator or its agent shall report the number of its
paying customers to the County by signing in the number on a log
sheet in a location designated by the County at the Fairgrounds
site at each time of embarkment (or loading, should the
disembarkment be elsewhere);
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11. 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;
12. 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.
13. 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 May, 1993
ATTEST:
By:
Clerk to the Board of
County Commissioners
C \eagle.rft
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Mike Bradley
Building and Grounds Manager
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By:
Business name
The Operator