HomeMy WebLinkAbout1.d. Vail Fam Fun Challenge-Additional Dollars Rqst
To: TOV CSE Board, Sybill Navas, TOV Special Events
From: Brian Hall
Date: 8/30/13
RE: Request for additional funding for Vail Family Adventure
Challenge
Memo
Dear CSE members,
We are asking the CSE to consider a request an additional $900.00 for the
production of the Vail Family Adventure Challenge on Saturday, August 17, 2013
due to an unexpected expense of a rental and management fee for the use of the
Solaris Plaza.
This event and the Vail-CBS4 Survivor Auditions were unique projects where we
were asked to produce the event as described by the Town for the monies they
had available. After reviewing the Town’s expectations, we agreed to produce the
event for that fee. We had believed the Town had secured the use of the space for
free. Unfortunately none of us were aware Solaris would be charging a fee for the
space use. And it only came up after several discussions with Solaris at a site
inspection sort of as an “oh by the way”.
The charges from Solaris were detailed as for electric service, activity on the Ice
Rink Turf area and Management and Supervision. The initial total charge was to
be $2,300.00. After a discussion with them they brought that charge down to
$900.00, where is it at this time.
There were also some additional unexpected expenses that came about from
requests from Town of Vail departments as part of the permitting process. These
included requirements for over night security, porta-potties and TOV Police
detail for part of the event day. These costs we have absorbed into the existing
budgets of both events. A complete budget review will be included for both
events as part of our wrap up reports to be presented in October.
When we do a project and the associated budget for it, we take responsibility for
any overages in costs and eat those costs. This one caught us off guard. If you
can help cover the cost of this expense, it would be greatly appreciated.
Sincerely,
J. Brian Hall
President
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P.O. Box 4510
Eagle, CO 81631
970-926-5855
970-692-2423 fax
info@bluecreek.com
SOLARIS PLAZA EVENT AGREEMENT
1. SOLARIS METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political
subdivision of the State of Colorado (“Solaris”), grants limited and non-exclusive rights to the Blue Creek
Productions (“Promoter”) for the use of its public spaces as set forth in the attached Town of Vail Special
Event Permit Application (“Application”) for the purpose of the event described therein (“Event”).
2. Promoter shall be responsible for all aspects of the set-up, operation and tear-down of the Event.
Promoter shall be responsible for the removal of all trash during and immediately after the Event. Upon
completion of the Event, Promoter shall return the Solaris public plaza (“Plaza”) and surrounding areas to
the same condition as they existed prior to the set-up of the Event. In the event that Promoter fails to keep
the Plaza and surrounding areas in such original condition, Promoter shall reimburse Solaris for any cost
or expense it incurs in doing so, including a cleaning fee of $50.00 per man-hour. The cleaning fee does
not include estimated time and material to repair any damage to the Plaza or surrounding areas.
3. Upon execution of this agreement, Promoter shall pay to Solaris a Plaza management and maintenance
fee of $800.00 per day of the event. This fee represents the time and expense spent by Solaris to help
plan and organize the use of the Plaza for the Event, employ full-time attendants to keep the public
restrooms adjacent to the Plaza (located within the Solaris parking garage) clean and stocked with soap
and toilet paper during the Event and prepare, maintain and clean the Plaza before, during and after the
Event. At the prices listed hereafter, Promoter may also: (1) use the electrical outlets in the Plaza during
the Event; (2) set up a tent on the turf in the Plaza; (3) request removal of section of the ice rink railing;
and (4) use the Solaris dumpster for cardboard removal. Promoter desires Solaris to provide the
following additional services:
SERVICE DESCRIPTION PRICE PER DAY GRAND TOTAL
Electric (220v) $100.00 $0
Electric (110v) $50.00 $50.00
Tents/Activity on Turf $250.00 $250.00
Ice Rink Rail Removal (per section) $200.00 $0
Dumpster Use (cardboard removal) $200.00 $0
Plaza Management and Supervision $600.00 $600.00
TOTAL DUE UPON EXECUTION $900.00
4. Promoter will pay all identified fees and estimated costs upon execution of this Agreement. Promoter
shall be solely responsible and shall promptly reimburse Solaris, Solaris Property Owner, LLC and
Solaris Commercial Owner, LLC (collectively, “Solaris Parties”) for any damages to any real or personal
property resulting from the Event, including but not limited to buildings, grounds, artwork, fixtures and
furnishings. Promoter is responsible for the actions of all persons involved in the Event including, but not
limited to guests, caterers, musicians, volunteers, contractors and employees. Promoter shall not affix or
lean any material or structure to or against the ice skating rink rail without Solaris’ prior written consent.
5. Promoter assumes all risks associated with the Event and agrees to defend, indemnify and hold the
Solaris Parties, their officers, employees and agents harmless from and against any and all actions, claims,
damages, expenses and liabilities including, without limitation, attorney’s fees, arising out of the exercise
of any of the rights, licenses or privileges granted or implied in this agreement and/or the Application.
6. Promoter agrees that all fees, costs and expenses related to the uses for which Promoter is granted the
limited rights specified herein shall be the sole responsibility of, and be paid by, the Promoter. Promoter
shall remit payment within three (3) days of the conclusion of the Event the costs accrued under Sections
2 and 3 not previously paid.
7. Solaris owns, retains and otherwise reserves full and exclusive right(s) applicable to the property
covered by this Agreement, subject to certain easement and operational agreements with the Town of
Vail, including right(s) to limit, restrict, withhold permission for and/or legally deny the use of said
property except as specified herein or in the Application. Additionally, Solaris and its agents shall have
free and unrestricted access to all portions of the property for purposes of ensuring Promoter’s
compliance with this Agreement.
8. At all times during the Event, Promoter shall carry and maintain at its sole cost and expense
commercial general liability insurance, including coverage for bodily injury, property damage, death and
personal injury, contractual liability (including coverage for the contractual liability of Promoter for
performance of the indemnification provisions of this agreement); owner’s protective liability, host liquor
legal liability (if any alcoholic beverages will be served or consumed during the Event), with limits of not
less than One Million Dollars ($1,000,000.00) each occurrence and Two Million Dollars ($2,000,000.00)
aggregate. Promoter shall provide Solaris with a certificate of insurance evidencing such coverage and
naming the Solaris Parties as additional insureds no less than seven (7) days prior to the Event.
9. Promoter is responsible for applying for and receiving, at its sole cost and expense, the necessary
Town of Vail permits and licenses to put on the Event, including, but not limited to, a liquor license for
any liquor sold during the Event.
10. Upon execution of this Agreement, Promoter shall provide Solaris with a copy of its full Town of
Event Special Event Permit Application file.
11. Upon request and at Promoter’s expense, additional reasonable security shall be provided for any use
that is deemed by Solaris, at its reasonable discretion, to need such additional reasonable security. The
additional reasonable security will be used to protect the Plaza and public restrooms or other parts of the
premises.
12. This agreement is governed by Colorado law. Exclusive jurisdiction and venue for any legal action
under this Agreement is Eagle County, Colorado.
I have read and agreed to the terms and conditions of this agreement.
____________________________________________ __________________________
Promoter Signature Date
SOLARIS PLAZA EVENT AGREEMENT
1. SOLARIS METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political
subdivision of the State of Colorado (“Solaris”), grants limited and non-exclusive rights to the Blue Creek
Productions (“Promoter”) for the use of its public spaces as set forth in the attached Town of Vail Special
Event Permit Application (“Application”) for the purpose of the event described therein (“Event”).
2. Promoter shall be responsible for all aspects of the set-up, operation and tear-down of the Event.
Promoter shall be responsible for the removal of all trash during and immediately after the Event. Upon
completion of the Event, Promoter shall return the Solaris public plaza (“Plaza”) and surrounding areas to
the same condition as they existed prior to the set-up of the Event. In the event that Promoter fails to keep
the Plaza and surrounding areas in such original condition, Promoter shall reimburse Solaris for any cost
or expense it incurs in doing so, including a cleaning fee of $50.00 per man-hour. The cleaning fee does
not include estimated time and material to repair any damage to the Plaza or surrounding areas.
3. Upon execution of this agreement, Promoter shall pay to Solaris a Plaza management and maintenance
fee of $800.00 per day of the event. This fee represents the time and expense spent by Solaris to help
plan and organize the use of the Plaza for the Event, employ full-time attendants to keep the public
restrooms adjacent to the Plaza (located within the Solaris parking garage) clean and stocked with soap
and toilet paper during the Event and prepare, maintain and clean the Plaza before, during and after the
Event. At the prices listed hereafter, Promoter may also: (1) use the electrical outlets in the Plaza during
the Event; (2) set up a tent on the turf in the Plaza; (3) request removal of section of the ice rink railing;
and (4) use the Solaris dumpster for cardboard removal. Promoter desires Solaris to provide the
following additional services:
SERVICE DESCRIPTION PRICE PER DAY GRAND TOTAL
Electric (220v) $100.00 $0
Electric (110v) $50.00 $100.00
Tents/Activity on Turf $300.00 $600.00
Ice Rink Rail Removal (per section) $200.00 $0
Dumpster Use (cardboard removal) $200.00 $0
Plaza Management and Supervision $800.00 $1,600.00
TOTAL DUE UPON EXECUTION $2,300.00
4. Promoter will pay all identified fees and estimated costs upon execution of this Agreement. Promoter
shall be solely responsible and shall promptly reimburse Solaris, Solaris Property Owner, LLC and
Solaris Commercial Owner, LLC (collectively, “Solaris Parties”) for any damages to any real or personal
property resulting from the Event, including but not limited to buildings, grounds, artwork, fixtures and
furnishings. Promoter is responsible for the actions of all persons involved in the Event including, but not
limited to guests, caterers, musicians, volunteers, contractors and employees. Promoter shall not affix or
lean any material or structure to or against the ice skating rink rail without Solaris’ prior written consent.
5. Promoter assumes all risks associated with the Event and agrees to defend, indemnify and hold the
Solaris Parties, their officers, employees and agents harmless from and against any and all actions, claims,
damages, expenses and liabilities including, without limitation, attorney’s fees, arising out of the exercise
of any of the rights, licenses or privileges granted or implied in this agreement and/or the Application.
6. Promoter agrees that all fees, costs and expenses related to the uses for which Promoter is granted the
limited rights specified herein shall be the sole responsibility of, and be paid by, the Promoter. Promoter
shall remit payment within three (3) days of the conclusion of the Event the costs accrued under Sections
2 and 3 not previously paid.
7. Solaris owns, retains and otherwise reserves full and exclusive right(s) applicable to the property
covered by this Agreement, subject to certain easement and operational agreements with the Town of
Vail, including right(s) to limit, restrict, withhold permission for and/or legally deny the use of said
property except as specified herein or in the Application. Additionally, Solaris and its agents shall have
free and unrestricted access to all portions of the property for purposes of ensuring Promoter’s
compliance with this Agreement.
8. At all times during the Event, Promoter shall carry and maintain at its sole cost and expense
commercial general liability insurance, including coverage for bodily injury, property damage, death and
personal injury, contractual liability (including coverage for the contractual liability of Promoter for
performance of the indemnification provisions of this agreement); owner’s protective liability, host liquor
legal liability (if any alcoholic beverages will be served or consumed during the Event), with limits of not
less than One Million Dollars ($1,000,000.00) each occurrence and Two Million Dollars ($2,000,000.00)
aggregate. Promoter shall provide Solaris with a certificate of insurance evidencing such coverage and
naming the Solaris Parties as additional insureds no less than seven (7) days prior to the Event.
9. Promoter is responsible for applying for and receiving, at its sole cost and expense, the necessary
Town of Vail permits and licenses to put on the Event, including, but not limited to, a liquor license for
any liquor sold during the Event.
10. Upon execution of this Agreement, Promoter shall provide Solaris with a copy of its full Town of
Event Special Event Permit Application file.
11. Upon request and at Promoter’s expense, additional reasonable security shall be provided for any use
that is deemed by Solaris, at its reasonable discretion, to need such additional reasonable security. The
additional reasonable security will be used to protect the Plaza and public restrooms or other parts of the
premises.
12. This agreement is governed by Colorado law. Exclusive jurisdiction and venue for any legal action
under this Agreement is Eagle County, Colorado.
I have read and agreed to the terms and conditions of this agreement.
____________________________________________ __________________________
Promoter Signature Date