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HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - FORT COLLINS ARCHERY ASSOCIATION FCAA (3)I FORT COLLINS ARCHERY RANGE USE AGREEMENT This Agreement is made and entered into this _2a"day of APitcL,2004, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "City" and THE FORT COLLINS ARCHERY ASSOCIATION, hereinafter referred to as "FCAA". Whereas, the City is the owner of an archery range and other facilities located at 2875 South West Frontage Road at the Strauss Cabin Trail Head (the "Range"); and Whereas, the City has an interest in maintaining and improving the Range; and Whereas, FCAA has an interest in using, maintaining, improving and operating the Range. Now, therefore, in consideration of the mutual covenants and obligations expressed herein, the parties agree as follows: 1. Contract. This Agreement shall be effective from the date of the Agreement as entered above until December 31, 2004, unless sooner terminated as provided herein. 2. Range Maintenance. FCAA shall repair and maintain the Range in a clean, safe, and attractive condition and in a manner that complies with applicable laws, rules, and regulations. FCAA will remove all trash and debris left on or near the Range immediately after the conclusion of any FCAA event held at the Range. FCAA shall make reasonable efforts to ensure that the Range is free of any unsafe or dangerous conditions and shall keep in good repair all target butts and target faces. FCAA shall repair and maintain the Range to the satisfaction of the City. In the event the City is dissatisfied with FCAA's maintenance of the Range, the City may terminate this Agreement. 3. Building Maintenance and Range Upgrades. FCAA and the City shall be jointly responsible for maintaining the existing buildings at the Range in a safe, clean and attractive condition. The buildings, including their color, shall not be changed or altered without the written consent of the City. Upon the termination of this Agreement FCAA shall remove all personal property as requested by the City. FCAA shall install target bales as needed to minimize pass through of arrows or any unsafe condition. FCAA shall not make any changes to the Range layout or the shape of the Range without the City's prior consent. FCAA shall install burlap target faces as needed due to wear from Range use. The City may supply FCAA with materials to construct Range targets. FCAA agrees to use such materials to construct these targets. 4. FCAA Use of Range. As compensation for FCAA's work on the Range, FCAA shall be permitted to use the Range for its own locally organized and attended archery shoots, fund raisers, instruction and education on a schedule pre -approved by the City ("Approved Use"). FCAA shall provide to the City a proposed schedule of dates upon which it seeks to use the Range no later than January 2 of the current year and shall obtain City approval thereof prior to publishing or advertising said schedule. The scheduling of all Approved Use of the range is subject to the City's advance approval. Approved Use of the range shall be subject to a maximum of 225 participants for any event. Additional Range use beyond the Approved Use, including hosting events for other than the FCAA leagues, chapter or organization, such as national, regional or state shoots, may be arranged by FCAA on the same basis as the Range is available to others. At the time of this Agreement, the City imposes a Range rental fee of Seventy-five dollars ($75) for groups under 250 people and a fee of one hundred and fifty dollars ($150) for groups of 250 or more. The Applicant prior to issuance of the Large Event Permit must pay this fee. The City reserves the right to increase or decrease this rental charge in the City's sole discretion. FCAA shall be required to perform no less than one hour of range and target construction and maintenance and facility maintenance work for each hour of Approved Use. The required hours of maintenance shall include the hours necessary to inspect target conditions after special shoots by outside groups, but shall not include work that pertains to organized shoots, fundraisers, instruction, education, FCAA business and web site maintenance. Other than Approved Use of the Range in accordance with this Section, FCAA shall not be entitled to any compensation for work performed pursuant to this Agreement. FCAA acknowledges that at any times, other than the times for which the City has authorized the Approved Use of the Range by FCAA, the City in its sole discretion may allow other interested persons or organizations to schedule organized shoots and events or other activities at the Range. The City may allow the general public to make use of the practice Range during FCAA events on such terms and conditions as the City determines shall apply or may close the Range to any or all use. When other private agencies or clubs utilize the Range for competition, shoots or events, the City will collect a damage deposit, in an amount to be determined by the City, from the private user groups. FCAA will provide the City with an inspection of target butts both before and after said events to determine the condition of the targets. FCAA will rebuild all the damaged targets and bill the City for their work at $150 per event/shoot. After the targets are repaired at the end of the season, FCAA will contact the Parks Maintenance Department to release the damage deposit to the private entity. 5. Conduct of FCAA Activities. FCAA shall not charge an admission or any other fee to persons wishing to observe any activities it conducts at the Range. However, FCAA may charge Range participants a reasonable fee for participating in events FCAA conducts during Approved Use of the Range. FCAA may post advertising and other promotional material, related to FCAA's activities at the Range, at the established sign near the shelter designed for such purposes. Any N advertising or other promotional materials posted by FCAA must be removed immediately after the conclusion of the event being advertised. FCAA will not be allowed to sponsor or partner with private or commercial companies to host shoots or other competition. FCAA shall manage and conduct all activities during its Approved Use of the Range in a fair, professional, and competent manner and to the satisfaction of the City. 6. Utilities. The City shall supply to the Range water, propane, and electricity at the City's expense, provided that FCAA may use only such quantities of water, propane, and electricity as are reasonably necessary for the performance of its duties to maintain the Range. The City shall also remove trash and debris from the City's supplied trash containers in the area of the Range on an as needed basis, and shall be responsible for cleaning the Range toilet facility, shelter, grills, and tables on an as needed basis. 7. No Liens. FCAA agrees to pay or cause to be paid promptly all bills and charges for material, labor or otherwise in connection with or arising out of any work undertaken at the Range on behalf of FCAA; and agrees to hold the City free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Range or any part thereof and from and against any expense and liability in connection therewith, and to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's, materialman's or other liens against the Range arising out of any payment due or alleged to be due for any work, labor, services, materials or supplies claimed to have been furnished at FCAA's request in, on or about the Range and to indemnify the City against any lien or claim of lien attached to or upon Range or any part thereof by reason of any act or omission on FCAA's part. 8. Insurance. FCAA shall maintain at all times during the term of this agreement a "commercial general liability" insurance policy with a Combined Single Limit of $1,000,000.00 covering its activities hereunder, including all use of the Range by FCAA, which policy shall name the City as an additional insured. A certificate of insurance for this policy shall be submitted to the City, within ten (10) days of signing this agreement. 9. Termination. Either party may terminate this agreement, at its option, by providing the other party with at least thirty (30) days advance written notice of such termination. The City may terminate this agreement without prior notice at any time in order to protect public health, safety or welfare, or City property. The City's obligations under this Agreement are contingent on the appropriation by the City Council of funds sufficient and intended for performance of such obligations. In the event such funds are not appropriated, this Agreement will automatically terminate and be of no further force and effect. 3 10. Assignment. FCAA shall not assign this Agreement or any part thereof without the prior written consent of the City. 11. General Conditions. It is further agreed between the parties as follows: A. That in entering into this agreement, FCAA and/or its employees, agents or representatives acquire no status, rights or benefits of an employee of the City, it being expressly understood and agreed that FCAA shall perform all undertakings and professional services herein prescribed and contemplated as an independent contractor. B. That this agreement may not be enlarged, modified, or altered, except in writing, signed by the parties as an amendment hereto. C. That no waiver of any breach of this agreement shall be held or construed to be a waiver of any subsequent breach thereof. D. This agreement shall be governed in all respects by the laws of the State of Colorado. E. Each and every term and condition in this agreement shall be deemed to be a material element of this agreement. 12. Indemnification. Any liability incurred by FCAA in connection with this agreement, its performance hereunder, or the use of the range, shall be solely the liability of FCAA, and the City shall incur no liability by reasons thereof. FCAA agrees to indemnify the City, its officers, agents, representatives, successors and assigns and hold them harmless against any and all liability or claim of liability arising from any negligent act or omission of FCAA, its employees, officers, agents or representatives, or any failure by the same to comply with and properly carry out the provisions of this agreement. 13. Default. In the event either party should fail or refuse to perform according to the terns of this agreement; such party may be declared in default thereof. In such event, the party declaring the default may elect to: (a) terminate the agreement and seek damages; or (b) avail itself of any other remedy at law or equity. In the event of default of any of the terms and conditions herein, by either party, which shall cause the party not in default to commence legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorneys fees and costs incurred because of the default. IN WITNESS WHEREOF, this agreement is signed as of the dates set forth 4 below, and effective upon last signing. Date: 4 f A6/01 By: gAW 1'C`aL\,k1 Ci Irk <' O Approved a . By: r Assisffht City Attorney Date: CITY OF FORT COLLINS, COLORADO a m cipal corporation By: / v..nx Jj&es . O'Neill I , CPPO D ec r of Purchasing and Risk Management Attest: By: m (Secretary President) `Treace c FORT COLLINS ARCH E ASSOCIATION By: afoya, Presid AC-6-RA CERTIFICATE OF LIABILITY INSURANCE OP ID B� DATE(IAMIDDIYY) ORTC-1 07/30/0�2 OUTDOORSINSURANCE.COM, INC. P.O. Box 6336 Wheeling WV 26003 Phone:866-695-9040 Fax:740-695-9053 Fort Collins Archery Assoc. PO Box 270493 Ft. Collins CO 80527-0493 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Philadelphia Indemnity Ins Co INSURERB: Certificate No 03-121-1 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDIYY POLICY EXPIRATION DATE MWDDIYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR PHPK052658-121-1 07/01/03 07/01/04 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 1,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ a $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS the following lessor is named as an additional insured CERTIFICATE HOLDER I W I ADDITIONAL INSURED: INSURER LETTER- CANCELLATION FTCOLLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Fort Collins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Park and Recreation PO Box 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND U NE INSU , S AGENTS OR Fort Collins CO 80522-0580 REPRESENT Es. AUTHORIZE EPRES TAT OUTDOORS CE wa Vrcu cav krrar) VAL;EKU CUKPUKATIVN 788B IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGORD 25-5 (7197)