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G-4 2018 Imogne Pass Run Agreement

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G-4 2018 Imogne Pass Run Agreement Ouray County Administration To: The Board of County Commissioners From: Hannah Hollenbeck, Deputy Clerk of the Board Date: August 28, 2018 Re: 2018 Imogene Pass Run – September 8, 2018 Attached, please find a Special Event Permit and Agreement (SEPA) for the upcoming Imogene Pass Run; the event is scheduled for September 8, 2018. As you know, this is an annual run event and is well organized. An email was sent to EMS, Sheriff, Emergency Management, and the Road Superintendent along with the SEPA with the event schedule. All submittal requirements (race route, sample waiver, certificate of insurance, etc.) have been received by the County. The agreement and submittals were also sent to the United States Forest Service (USFS) Ouray Ranger District. The SEPA is being brought to the Board today to request approval and authorization of the Chair’s signature. Thank you, Hannah SPECIAL EVENT PERMIT AND AGREEMENT OURAY COUNTY, COLORADO This Special Use Permit and Agreement is entered into this ______ day of August, 2018, by and between the Board of County Commissioners of Ouray County (County), whose address is 112 Village Square West, Ridgway Colorado 81432 and Imogene Pass Run, Inc. (Permittee), whose address is 201 Ski Hill Lane, Ouray Colorado 81427. In consideration of the use of County property for the special event organized by the Permittee, and for other valuable consideration, and the mutual promises made herein, the County and Permittee agree as follows: Name of Permittee: Imogene Pass Run, Inc. Address of Permittee: 201 Ski Hill Lane, P.O. Box 1789, Ouray, CO 81427 Authorized Agent: Rick Trujillo (970) 325-4062 [email protected] Name of Event: Imogene Pass Run Date of Event: September 8, 2018 Description of Event: The Imogene Pass Run (IPR) is an annual 17.1 mile point to point mountain foot race from Ouray to Telluride via Imogene Pass within the San Juan Mountains of Colorado. The event begins at 7:30AM at Main Street and 4th Avenue in Ouray. It follows Main Street/Highway 550 to the County Road 361 junction (approximately 0.5 mile), then the County Road 361 to the Lower Camp Bird Mine Complex (Camp Bird 14 Level, approximately 5 miles), then Ouray County Road 26B (Imogene and Tomboy Roads) in Ouray and San Miguel Counties (aka Forest Service Road #869, approximately 11.5 miles) over Imogene Pass to the finish in Telluride. County Property being used for Event: County Road 361, County Road 26B (See attached race route). The terms and conditions of use of County property for this Special Event are as follows: 1. The County, as owner of the Premises described herein hereby grants to Permittee the right to utilize County Road 361 and County Road 26B. 2. Permittee may use the Premises on September 9, 2018. 3. Permittee agrees to have an authorized agent available by cell phone or other communications method at all times during the event and twenty-four hours prior to the commencement of the event in order to address emergencies, changes or alterations to event plans or other contingencies in which immediate communication is desired. 4. Permittee agrees to indemnify the County from any claims for property damage or bodily injury arising from Permitee's occupancy and use of the Premises but solely to the extent such property damage or bodily injury is directly caused by the negligent act or omission of the permitee and to leave the Premises in as good condition as when entered by Permittee, reasonable wear, tear, force majeure, loss or damage not negligently or intentionally caused by the Permittee and permitted use excepted. 5. The Permittee agrees to procure and maintain, at its own cost, during the entire period of this Agreement, a policy of commercial general liability insurance covering the Permittee’s activities pursuant to this Agreement and the Permittee’s liability for property, bodily injury and death, as well as worker’s compensation/employer’s liability coverage to comply with Permittee’s statutory insurance obligations and other applicable employee benefit law. Such commercial general liability insurance shall be a combined single limit of not less than one million dollars ($1,000,000) per occurrence for bodily injury or death, and two hundred fifty thousand dollars ($250,000) for property damage. Such commercial general liability insurance shall name the County as additional insured. Proof of such insurance shall be filed by Permittee with the County prior to the execution of this Agreement by the County. Page 1 of 2 6. The County’s sole remedy for Permitee's default hereunder shall be limited to the recovery of monetary damages only, except that the Ouray County Sheriff may immediately, and without appeal, order event operations to cease if such pose an immediate and present danger to the County, to the personnel of Permittee, or any other users of the Premises. 7. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado applicable to agreements of this nature and hereby Landowner consents to the jurisdiction of said State. 8. This Agreement is entered into as of the date indicated below, represents the entire agreement between the parties, may be executed via facsimile and by counterparts, and may be amended only in writing signed by the parties. 9. Permittee shall obtain waivers from runners at check in, in the form attached. Permittee shall be responsible for obtaining the signed waivers, and maintaining them for a period of two years, and shall provide them to the County upon request. ACCEPTED AND AGREED: Date: Board of County Commissioners Attest: _____________________________ Don Batchelder, Chair Michelle Nauer, Clerk and Recorder By: Hannah Hollenbeck, Deputy Clerk of the Board Page 2 of 2 rA7\'" ()11~· I' ,( • UABIUTY WAIVER, RELEASE AND AGREEMENT FOR THE IMOGENE PASS RUN I understand and assume all riSkS of Injury to my person which may occur while competing In the above named race of Imogene Pass Run, Inc., and/or the Imogene Pass Run (referred to as the IPR), and I, for myself and for my heirs, executor, administrator personal representative, and assigns, do hereby forever waive and release all rights and claims for direct or Indirect damases or losses, whether monetary or otherwise compensatory which I may have asalnst any and all Individuals, employees, officers, sponsors, conb1lct employees, commlnl!e5, corpor.ltkJn, groups, the Town ofTeUurlde, the City of Ouray, Alpine Bank, Telluride and Ouray EMT, USATF, Cl Sports Timing, United States of Amerlea and Mt. Rescue Association Inc. or above-named and unnamed parties harmless and Indemnify them for all claims, damages, judgments, and cost of whatever nature and form. I am advised that the following are some but not all of the special conditions and factors which may be encountered In the IPR and that there may be other hazards: Course elevations are from more than 7,800' to more than 13,100' above mean sea level with attendant low humidity and variable, extreme and rapid temperature changes. Severe storms may be encountered. Ultraviolet radiation exposure should be considered as extreme. The temperature may vary from 30 -80 degree F In Ouray to 30 F and colder along the racecourse with high winds and possibility of lightning, rain, snow or Ice showers likely (particularly above tree line). In general the weather should be considered variable with rapid and potentially extreme temperature changes, precipitation and wind. Most ofthe racecourse uses the Imogene Pass Road beglnnins on Hwy. 550 South of Ouray, Colorado and crosses a hlsh mountain pass known aslmosene Pass continUing on to Telluride, Colorado. The road Is a four-wheel drive road that is not paved. The travel surface may be dlrt,BraVe! or rock, with abrupt elevation changes. sharp tums, steep grades and severe drop-offs. Ice or snow may be encountered on the road surface. The Initial half-mile of the course is on paved streets and hlshway where there may be sravel deposited by rain runoff. The final two blocks of the course also Is on a steep paved street that may have gravel depOsited by rain of vehicular tires. Because ofthe Inaccessibility of most portions of the course to motorized vehicles during Inclement weather there may be delays in providing emergency medical assistance. Transport off the mount for IPR participants Involves motor vehicles with attendant hazardous road conditions, mechanleal failure or accident. I attest that lam In good physical condition and mentally capable of participating In the race for which lam registering and that any and all questions about the race,lncludlng but not limited to the dangers of participating In said event, have been satisfactorily answered. I also acknowledge that should I require transport by vehicle, helicopter or fixed wlnB aircraft to a medical facliity that I must pay for such transportation and any treatment provided. I further agree to abide by request of race officials on matters conoemlng race operations. I understand that the IPR may not be started and may be shortened or ClIncelied at any time In prosress as determined by IPR officials beCiluse of safety considerations. If I have not reached the cutoff point, as described In "conditions", or for my own safely I may be tumed back to Ouray and I will not complete the race. If the Race Director and/or Sheriffs department closes the road over Imogene Pass, I will not proceed beyond that pOint. I hereby grant full permission to any and all of the foresolng, whether named or unnamed entities to use my name, picture of likeness on any media or form and any other records of my partlcipatlnBln any or all events for any publicity and/or promotional purposes without obllsatlon to me or my stJccessors, assigns, et al., or liability by the publisher or promoter.
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