HomeMy WebLinkAbout20021273.tiff LEASE AGREEMENT BETWEEN THE CITY OF LONGMONT AND THE
SAINT VRAIN ARCHERS AND BOWHUNTERS ASSOCIATION,INC.
This Agreement is between the Saint Vrain Archers and Bowhumtaes Association, Inc.
(LESSEE),anon-profit corporation,and the City of Longmont,Colorado,a municipal corporation,
on behalf of its Sanitation Enterprise(LESSOR or City),for the purpose of allowing the LESSEE
to use the property("Property)located at the top of the City Landfill, as more Hilly described in
Exhibit A attached hereto and incorporated herein, solely for operations of an archery course for
practice,competition shooting,and education.
The Parties agree as follows:
1. LEASE AND TERM:
a. The City leases to LESSEE the Property set forth on Exhibit A, to be used by
LESSEE solely for operation of an archery course for practice, competition shooting and
education.
b. The term of this Agreement is five years, from 12:01 a.m. September 1, 2001,to
11:59 p.m.December 31,2006.
c. Prior to signing this Agreement,the LESSEE has inspected or caused to be inspected
the Property and leases it in an"as is"" condition.No additional representation,statement or
warnmty,express or implied,has been made by or on behalf of the City as to the condition
of the Property.In no event shall the City be liable for any defect in the Property or for any
limitation on its use. The LESSEE agrees that the City shall be under no obligation to
maintain the Property in a particular condition or for a particular use, and the LESSEE
waives all claims for damages of any kind or nature,whatsoever,resulting therefrom.
d. The City reserves the right to have its officers,employees and representatives enter
and inspect or protect the Property at any time.
2. TERMINATION: Each party may cancel this Agreement upon 90 days written notice to
the other party.The LESSEE may give written notice in person to the City Public Works Director,
or may mail notice to:
City of Longmont
Public Works Director
375 Airport Road
Longmont,CO 80503
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2002-1273
Notice to the LESSEE maybe given in person to the LESSEE,or by mail to:
Dr.Roger T Udell
Saint Vrain Archery Association
412 Main Street
Longmont,CO 80301
The City may suspend use of the land and facilities by the LESSEE if the members or guests
of the LESSEE violate the conditions of this Agreement Use of the land by the LESSEE shall not
resume until the LESSEE has made adequate assurances to the Public Works Director that they will
comply with all conditions.
The City may suspend use of the land and facilities by the LESSEE if approval of Lessee's
Weld County Special Application is denied by Weld County.
3. IMPROVEMENTS:
a. LESSEE,with assistance from LESSOR,may install improvements on the
Property consistent with the use of the Property as an archery course,as substantially
set forth on attached Exhibit B.All improvements shall be subject to the prior review
and written approval of the Public Works Director.
b. At the termination of the Agreement,for any reason,LESSEE,at the request
of LESSOR, shall remove any and all improvements and return the Property to its
original condition.
4. DUTIES OF THE LESSEE:
a. Proper permitting,equipment and operations must be adhered to.LESSOR
must approve any related structures prior to construction.
b. The Public Worts Director must be given prior written notification of all
major events.
c. LESSEE and their guests will not trespass off entry access road or the marked
boundary of the archery course,as set forth on Exhibits A and B.
d. LESSEE members may use only the described land under this Agreement
Parking will occur only in the designated gravel parking area at the northeast side of
the Property.Vehicles will not be permitted off roads and the parking area except by
approval of the Public Works Director for maintansu ^of the course.
e. LESSEE members and guests shall obey all rules and regulations set by the
Public Works Director.
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£ The LESSEE assumes responsibility for all financial matters associated with
the operation of the Saint Vain archery amuse.
g. The LESSEE assumes Bill responsibility for their members, guests and
participants during all activities,practices,and events held on the Property.
h. The LESSEE is solely responsible for making the proper repairs for damage
to the facilities caused by its members or guests.
i The LESSEE is responsible for the clamliness and safety of the grounds and
trash removal.
j. The LESSEE will be responsible for providing end maintaining portable
rest oom facilities and trash receptacles.
k. The LESSEE will be responsible for any damage to the property or to the
adjacent land caused by its members or guests.
5. INDEMNIFICATION: The LESSEE agrees to indemnity,defend,and save harmless the
City and its agents from and against all claims, actions, causes of action, demands,judgements,
costs,expenses,and all damages of every kind and nature,incurred by and on behalf of any person
or corporation whatsoever,predicated upon injury to or death of any person or loss of or damage to
property of whatever ownership,including the parties to this Agreement and their employees,and
arising out of or connected with,in any manner,directly or indirectly,this Agreement
6. FEES:
a. The LESSEE will pay the City of Longmont an annual lease he of$300.00
from September 1,2001 through December 31,2006.The initial fee shall be paid on
or before the effective date of the lease. Subsequent payments shall be made before
April l st,of each subsequent year.
b. The City will not be responsible for any toes or expenses of LESSEE.
7. INSURANCE: As evidence of the liability insurance coverage required by this Agreement
prior to the effective date of this Agreement or before any operations begin, the LESSEE shall
Hanish a certificate of insurance to the City of Longmont,Public Works Director,375 Airport Road,
Longmont,CO 80503.
a. The certificate of insurance will name the City, its officers, agents and
employees as Additional Insured and must provide 30 days written notice to the
Additional Insured before non-renewal or cancellation.Insurance coverage required
under this Agreement shall be obtained from insurance companies authorized to do
business in the State of Colorado.
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b. The LESSEE shall provide during the time of this Agreement:
i. General Liability insurance protection from all claims resulting from
the LESSEE'S use of the fbcility including coverage for bodily injury and
property damage including protection spinet damage to the City's iireilities
and its contents as a result ofinember or guest use/misuse with limits no lea
than the liability limits under the Colorado Governmental Immunity Act;
currently at$150,000 per person,$600,000 per incident.
ii. Unless the City's Risk Mentzer approves otherwise,all policies must
be of the occurrence/each claim form.
c. The LESSEE shall not cancel,materially change,or not renew insurance coverage.
The LESSEE shall notify the City of Longmont,Public Works Director,375 Airport Road,
Longmont,CO 80503, of any material reduction or exhaustion of aggregate policy limits.
Should any policy be canceled, all activities will cease at said property by LESSEE and
LESSEE will promptly procure other insurance as specified.
d. Nothing contained in these insurance requirements is to be construed as limiting the
extent of the LESSEE'S responsibility for payment of damage resulting from the LESSEE'S
operation under this Agreement.
8. EQUIPMENT: The LESSEE is solely responsible for any equipment it owns including,but
not limited to,its maintenance and repair.The City is not the bailee for any LESSEE property or the
property of any LESSEE members.
9. COMPLIANCE WITH THE LAW: The LESSEE agrees to carry out each activity in
compliance with all Federal,State,and Local laws,ordinances,and regulations.
10. DISCRIMINATION: The LESSEE shall not discriminate on the basis of race, color,
religion,disability,or national origin.
11. THIRD PARTY BENEFICIARIES: None of the to or conditions in this Agreement
gives or allows any claim,benefit,or right of action by any third person not a party hereto. Any
person other than the City or the LESSEE receiving services or benefits under this Agreement is only
an incidental beneficiary.
12. FAIR MEANING: The provisions of this Agreement shall be construed as to their fitir
meaning,and not for or against any party based upon any attributes to such party of the source of the
language in question.
13. INTEGRATION OF AGREEMENT: No representations, agreements, covenants,
warranties, or certifications, expressed or implied, shall exist as between the parties, except as
specifically stated in this Agreement
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14. AMENDMENT: This Agreement may only be amended in writing by authorized officials
of the City and LESSEE.
15. ASSIGNMENT: This Agreement may not be assigned to any other parties.
16. WAIVER: No waiver of any breath or default under this Agreement is a waiver of any other
breach or default
17. INVALIDATION OF PROVISIONS: Invalidation of any specific provision of this
Agreement shall not affect the validity of any other provision of this Agreement
18. GOVERNING LAW:This Agreement shall be governed and construed in accordance with
the laws of the State of Colorado.
19. INDEPENDENT CONTRACTOR:The LESSEE shall perform under this Agreement as
an independent contractor and a separate entity and not as an employee or agent of the City. The
LESSEE'S employees and volunteers,and any of the LESSEE'S subcontractors or subcontractor's
employees are not entitled to City of Longmont works compensation benefits and may be obligated
to pay federal and state income tax on money,if any,earned pursuant to this Agreement
20. JOINT VENTURE: It is mutually agreed and understood that nothing contained in this
Agreement is intended or shall be construed as in any way establishing the relationship of co-partners
or joint ventures between the parties hereto or as construing the LESSEE,including its agents and
employees,as an agent of the
�C City.
The LESSEE shall remain an independent and separate entity.
i�Dated this_ --dayof VC7lTU'GI' - ,2001.
CITY OF LONGMONT ATTEST: `* �y,
àco �.�� •Iii it. .. �► ���.�.. � '�"A
OR CITY CLERK
APPROVED AS
TO
FORM: APPROVED AS TO INSURANCE PR• .. . 'S:
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ASSI1'f C1TY ATTORNEY +ti K MAN tiR
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APPROVEDAS TO FORM AND SUBSTANCE:
E WSttkg iy
ORIGINATING DEPARTMENT
SAINT VRAIN ARCHERS AND BOWHUNTERS
ASSOCIATION,INC.,LESSBE ATTEST:
Roger Trudell,President Frank Switzer,4—
STATE OF COLORADO)
COUNTY OF BOULDER)ss.
Su4bed and sworn to before me this A.day of �c r 2001,by
pier
'IGor Mr:at t% ,President,and Fr&a AA 5t ; 9 r e ,Secretary of Saint
Vrain Mchers and Bowhunters Association,Inc.
My commission expires: I - l 5-c wo i `( I
Notary
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EXHIBIT "A"
ARCHERY RANGE LEASE
LEGAL DESCRIPTION
A tract of land located in the S. '/:of the NE 1/4 of section 8,T2N,R68 W,of the 6th.P.M.,Weld County,
Colorado,being more particularly described as follows.
Considering the E. line of the NE 1/4 of said section 8 as bearing S 01°49'49"E and with all bearings
contained herein relative thereto.
Commencing at the N.E. corner of said section 8, thence along said E line S 01°49' 49"E,a distance of
1312.74 feet.Thence S 89°35'49"W,along the N. line of said S '/,a distance of 211.19 feet.to the Point
Of Beginning. Thence along the following 9 courses. 1)S 00°00'00"W,a distance of 34.24 feet. 2) S
80°23' 49"W,a distance of 216.74 feet. 3 )S 21°06'25"W.,a distance of 161.81 feet.4)S 08°08'30" W.,
a distance of 379.70 feet 5) S 79° 57' 04"W,a distance of 592.89 feet. 6)S 83°41' 03"W,a distance of
1264.52 feet. 7) N 14°50' 59"W,a distance of 572.77 feet 8)N 31°51' 07"W,a distance of 253.84
feet. 9)N 03° 20' 30"W,a distance of 53.57 feet to the N.W.comer of the S % of the N.E. V. Thence N
89°36' 05"E,along the N. line of said S '''A,a distance of 2450.35 feet to the Point Of Beginning.
Containing 33.84 acres more or less.
EXHIBIT
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