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G-5 2017 Imogene Pass Run Agreement

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G-5 2017 Imogene Pass Run Agreement Ouray County Administration To: The Board of County Commissioners From: Hannah Hollenbeck, Deputy Clerk of the Board Date: August 22, 2017 Re: 2017 Imogene Pass Run – September 9, 2017 Attached, please find a Special Event Permit and Agreement (SEPA) for the upcoming Imogene Pass Run; the event is scheduled for September 9, 2017. 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 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, 2017, by and between the Board of County Commissioners of Ouray County (County), whose address is 541 Fourth Street, Ouray Colorado 81427 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 9, 2017 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, 2017. 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. ADD SUCH OTHER TERMS AND CONDITIONS AS ARE APPLICABLE FOR THE EVENT. ACCEPTED AND AGREED: Date: Board of County Commissioners Attest: _____________________________ Chair Michelle Nauer, Clerk and Recorder By: Hannah Hollenbeck, Deputy Clerk of the Board Permittee _____________________________ Date: By: Rick Trujillo, Authorized Agent Page 2 of 2 rA7\'" ()11~· I' ,( • RECEPTION#. 198168,07/0212008 0112:08'30 PM, I OF 2 PAGES, MICHELLE NAUER, OURAY COUNTY. CO. CLERK & RECORDER RESOLUTION NO. 2008-038 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO TO RESTRICT THE USE OF CERTAIN ROADS DURING THE IMOGENE PASS RUN WHEREAS, the Imogene Pass Run ("IPR") is an annual foot race in Ouray County, Colorado that begins In Ouray, Colorado and then continues up Ouray County Road 361 ("CR 361") to the top of Imogene Pass; and WHEREAS, representatives of the IPR appeared before the Board of County Commissioners of Ouray County, Colorado on March 31 , 2008 to request the Board's consideration to temporarily close CR 361 during the race; and WHEREAS, representatives of the IPR stated to the Board that currently there are approximately 1,100 participants in the race and that there are concerns about the possibility of conflicts between the race participants and motor vehicles on CR 361; and WHEREAS, pursuant to the provisions of C.R.S. §42-4-106(6)(b), the Board has the authority to temporarily close to vehicular traffic any portion of a road during a specified period of time for the purpose of special local events or civic functions when, in the opinion of the Boards, such temporary closing Is necessary for the safety and protection of persons who are to use that portion of the road during the temporary closing; and WHEREAS, pursuant to C,R,S, §18-9-117 the Board is empowered to make such orders, rules and regulations for the administration, protection and maintenance of county-owned property as it deems appropriate, Including restrictions on vehicles as to place, time and manner of use; and WHEREAS, the Board has determined that the temporary closing of CR 361 is necessary for the safety and protection of the participants of the IPR and the Board adopts this resolution pursuant to the authority granted by C.R.S. §§18-9-117 and 42-4-106(6)(b). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO, AS FOLLOWS: 1. On the Saturday after Labor Day of each year, from the hours of 7:00 a.m. to 9:00 a.m., CR 361 from the intersection of Highway 550 to the Intersection of CR 361 and Ouray County Road 26 ("CR 26") shall be closed to public use, except for local traffic for access to and from their residences along, or accessed from, CR 361. 2. On the Saturday after Labor Day of each year, from the hours of 7:00 a.m. to 2:00 p.m., CR 361 from the intersection of CR 26 to the top of Imogene Pass at the Ouray County line shall be closed to public use except for local traffic for access to and from their residences along, or accessed from, CR 361. 3, "Public use" shall mean all use by members of the general public by any and all motorized means. "Public use" shall not include local traffic for access to and from a residence located along. or accessed from, CR 361; law enforcement; and official race personnel. 4. Appropriate sign age and barriers or other traffic control devices shall be placed on CR 361 and CR 26 regarding the closure described herein. Page J 0/2 5. The rules and regulations pertaining to the temporary closure of CR 361 during the Imogene Pass Run, as described herein, may be enforced by any Colorado peace officer pursuant to the provisions of C.R.S. § 18-9-117. A violation of these regulations is a Class 3 misdemeanor. APPROVED AND ADOPTED THIS _3!«.:'(}=:......~_ DAY OF _J=.;:;II-'...II.l!::=-___" 2008. BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO D .. «... 0&.... ~ •• •• 1'\ esf:·.:r.., " A4i ••' (/1 ' .:. : '. ..4 --(~ •: . tc1 ~t!,. .i., , "..:('") K. Keith Meinert, Chair =' ' . : . ""- '"' :0. , h,(;\ .
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