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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 ¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨ ¨¨¨¨¨¨ ¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨ ¨¨¨¨¨¨ 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