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The Coal Reserve — Somerset, KY

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RENTAL CONTRACT

(Revised August 30, 2016)


 

1. RENTAL AGREEMENT 


This agreement is between the RENTAL PARTY and Frank H. Ikerd III and Charlotte Ikerd (OWNERS). The word "EVENT" is used here-in to refer to the above-listed "EVENT INFORMATION," including EVENT DESCRIPTION, EVENT DAY AND DATE, RENTAL PARTY, NUMBER OF TOTAL ATTENDEES, ACCESS AREAS, OFFICIAL EVENT START TIME, OFFICIAL EVENT END TIME, ADDITIONAL ACCESS TIME(S). The RENTAL PARTY agrees to the payment and cancellation policies and terms shown on the “Invoice and Acceptance of Agreement” (INVOICE).

After payment of the INVOICE is received in full, the OWNERS hereby agree to allow RENTAL PARTY access to the specific ACCESS AREAS of their private property, THE COAL RESERVE, located at 517 East Racetrack Road, in Somerset, Kentucky, for the specific NUMBER OF TOTAL ATTENDEES, on the exact EVENT DAYAND DATE, from 30 minutes prior to the OFFICIAL EVENT START TIME until 30 minutes after the OFFICIAL EVENT END TIME, for the purpose of RENTAL PARTY's specific event activity (EVENT DESCRIPTION). 


The RENTAL PARTY and their guests have no rights to the OWNERS property, other than being allowed access to it during their EVENT, as specified herein. Event Attendees are expected to conduct themselves in a polite manner at all times. The OWNERS reserve the right, at their discretion, to ask anyone to leave their property, or have security officers remove someone from their property, at any time, for the safety of EVENT attendees, vendors, OWNERS, and OWNERS' property. 


IF ADDITIONAL ACCESS TIME is purchased, access to the ACCESS AREAS will be allowed for deliveries, set-up and event decoration, and other activities related to preparation for the EVENT, only during the specific ADDITIONAL ACCESS TIME(S), as scheduled. 


This contract is for USE OF the specific ACCESS AREAS as described above, only. It is the responsibility of the RENTAL PARTY to make arrangements for all tables, chairs, and other items they need for their EVENT. 


No discount will be given if there are fewer attendees than expected 


Immediately following the EVENT, the RENTAL PARTY is to return the OWNERS' property, grounds, facilities and buildings to the state it was in when provided to RENTAL PARTY. 



2. ARRIVALS, DELIVERIES AND VENDOR RESTRICTIONS 


Unsupervised access to THE COAL RESERVE's building, parking lot and grounds is not allowed. 


Deliveries and set-up must be done during the ADDITIONAL ACCESS TIME(S). Unexpected walk-in’s arriving at other times will not be allowed access. 


Upon arrival, all vendors must check in with the event supervisor who will direct them to the area designated for their use. At that time, vendors should explain their setup plans, in detail, to the event supervisor. Under NO CIRCUMSTANCES are independent contractors allowed to push buttons or switches, open bay doors or other doors, access closets, drawers or rooms, move any furniture, hang any items from fixtures or ceilings, run cables or electric lines, or place any items anywhere, without the approval and supervision of the event supervisor. 


Storage of vendor's items on OWNERS' property prior to the EVENT DAY AND DATE is not allowed, unless vendor's items are set-up during ADDITIONAL ACCESS TIMES, in their specific areas of use. All vehicles are to be parked in the main parking lot with lined parking spaces, accessed just off East Racetrack Road through the "coal wall" entrance. THE COAL RESERVE’s parking area accommodates approximately 100 vehicles. 


All items must be carried into the ACCESS AREAS from the parking lot by hand, mechanical cart or other pre-approved device. 


The small drive around the THE COAL RESERVE's building is used for valet parking, only. Vehicles are only allowed to drive around the building when access for valet parking service has been purchased. Motorized vehicles are not allowed beside or around THE COAL RESERVE's building at any time. Our driveways are not to be blocked. Driving and parking on the grass is not permitted. It is the RENTAL PARTY’s responsibility to ensure their friends, family, guests and independent contractors dispose of cigarette butts, cigars, tobacco, gum and trash in the appropriate disposal containers. Cigarettes, cigars, tobacco, gum and trash are not to be dropped on or stuck to the OWNERS' property. 


Animals and pets of any kind are not permitted on the OWNERS property, grounds or in THE COAL RESERVE's building, unless they are approved prior to the EVENT DAY AND DATE. Failure to obtain prior approval and/or to disclose the presence of an animal or pet on the OWNERS' property will result in immediate removal of the animal or pet and the person who is in possession of the animal or pet, and a $100 per instance fee will be charged to the RENTAL PARTY. 


The RENTAL PARTY agrees that any agreement made between the RENTAL PARTY and an vendors is the RENTAL PARTY’s responsibility. Any resulting invoices and payments to the vendor is to be paid by the RENTAL PARTY. Such agreements and resulting invoices are of no concern or expense to the OWNERS. 


All vendors and their agents who are present on the OWNERS' property must be dressed appropriately at least thirty minutes before the OFFICIAL EVENT START TIME, and must conduct themselves in a professional manner at all times. Only professionally dressed workers are allowed in areas where guests are located. No dirty aprons are allowed outside of kitchen or catering prep areas. Smoking breaks for vendor staff should be taken in designated smoking areas, only. 


The RENTAL PARTY and musicians are expected to adhere to volume-level restrictions as requested by the event supervisor. 


If an item delivered to the OWNERS' property by RENTAL PARTY or on The RENTAL PARTY's behalf are not approved, RENTAL PARTY will make sure those items are immediately removed from the OWNERS' property, or RENTAL PARTY agrees to pay charges for having the items removed. 


The RENTAL PARTY, their guests, agents and vendors, equipment and vehicles brought onto the premises by them, or brought by others on their behalf, must be removed from the premises at the end of the EVENT or at a time scheduled in advance with our facility director. The OWNERS take no responsibility for items left after an EVENT. 


3. USE OF EQUIPMENT, DOORS, SWITCHES AND UNDESIGNATED AREAS 


Stereo and DVD player equipment can be operated by RENTAL PARTY. All other light switches, thermostats, door locks, bay doors, buttons, TVs, projectors, fireplaces, fountains, and other in-house equipment is to be operated by the event supervisor or approved staff, only. 


The large (garage-style) bay door openers are to be operated by the event supervisor, only. Items are NOT to be left sitting under open bay doors. If damages occur to the bay doors because of items are left under them, RENTAL PARTY agrees to pay for the cost to repair of the bay doors. 


Closets, mechanical areas, and other spaces that are not listed in ACCESS AREA descriptions are “off-limits” at all time. 


The main entrance/exit doors in the Hangar are NOT to be propped open. 


Air conditioning will be ineffective if the large double doors in the Hangar and Heritage East and Heritage West are used. These doors are not to be opened or closed without prior approval from the event supervisor. 


4. EVENT DECORATING AND SAFETY POLICY 


Rentals, equipment, decor and other items must be approved by the event supervisor. 


Tents are not allowed on the OWNERS' property. 


We do not allow excessive decorations (i.e., bunting on railing and stair-rails) and decorations (i.e. tape, nails, screws, etc.) that are likely to cause damage to the walls or woodwork of THE COAL RESERVE's building, the contents of THE COAL RESERVE's building, the surrounding property, or guests on OWNERS' property. 


Placement and installation of all decorations is to be done by you, your vendors and agents, with an event supervisor present. 


Boxes should be checked for insects and rodents before bringing them into OWNERS' property. 


Table decorations, centerpieces, and flower arrangements must be completely assembled before delivery to the THE COAL RESERVE's building. 


Existing decor items, furniture, chairs, tables, works of art and other items are NOT TO BE MOVED and items are not to be put in a drawer or closet without permission of the event supervisor. 


Items are not to be placed on floors, stairways, in front of doors, or in other areas, or wired to or hung from the railings, walls, ceilings, lights or other fixtures without approval of the event supervisor. 


All trash, debris and packing materials must be cleaned up completely before leaving the premises after event set-up and decorating. 


Immediately following the EVENT or during ADDITIONAL ACCESS TIME(S) scheduled in advance, all décor items must be dismantled, gathered and removed from the premises. Any unclaimed decor items and decor items that are left more than one week after an EVENT will be considered abandoned and will be disposed of or will become the property of the OWNERS. 


Birdseed and fresh flower petals are allowed ONLY in the lawn areas outdoors. 


Synthetic flower petals, rice, confetti, bubbles, bubble machines, fog machines and silly string are not permitted on the OWNERS' property. 


Wax candles with flames are allowed, but must be in approved containers that limit spillage of wax. Candles are NOT TO BE MOVED UNTIL WAX IS COOLED to avoid any wax spillage on tables and linens. The RENTAL PARTY will be invoiced for any cleaning or repairs that need to be done due to spilled wax, and RENTAL PARTY agrees to pay for such damage. 


Sparklers are NOT allowed indoors, on porches, on decks or on paved areas. Only "Wedding style" sparklers (with limited emissions) are allowed in the lawn areas. outdoors. All wires and debris from sparklers must be gathered and disposed of safely, and are NOT to be left on the lawn or paved areas. 


Floating lanters are not permitted on the OWNERS' property. 


Fireworks are not permitted on the OWNERS' property. 


Firearms and other weapons are not permitted in and around the OWNERS' property except for those being carried by a security or police officer on active duty. 


The RENTAL PARTY agrees to conduct all activities on the OWNERS property in compliance with all applicable laws. 


It is the RENTAL PARTY’s responsibility to ensure their friends, family, guests and vendors conduct all activities on the OWNERS' property in compliance with all applicable laws. 


The OWNERS reserve the right, at their discretion, to ask anyone to leave their property, or have security officers remove someone from their property, at any time, for the safety of EVENT attendees, vendors and/or OWNERS' property. 


Activities in and around THE COAL RESERVE’s buildings may be photographed and video recorded by OWNERS. Photos and videos made by OWNERS remain the property of OWNERS. 


5. FOOD AND NON-ALCOHOLIC BEVERAGE SERVICE 


The RENTAL PARTY is allowed to provide food and beverages for their event, at their own expense. 


The word "CATERER" is used here-in to refer to the RENTAL PARTY's self-catering activities, or to refer to a licensed caterer and their staff. 


Unless the Kitchen or Catering Area is rented, food must arrive in ready-to-serve containers. Food prep is not allowed in the Hangar mini-bar area. Only those areas designated by the event supervisor are to be used by the CATERER. 


Hot chafing dishes are not to be placed on wooden furniture without protecting the finish from heat damage. 


Ice for beverages is not provided, unless Stoker Lounge is rented. Caterer's large drink containers and other items are not to be stored in the Stoker Bar area. 


Drink decanters are not to be used unless they are positioned on tables with drip plates placed beneath the spigots. 


Any spills and breakages are to be cleaned up by CATERER and safely disposed of. The floor should be dried immediately, using dish rags, towels, brooms and mops provided by CATERER. 


If guests alert CATERER to any problems with bathrooms or other areas, CATERER agrees to do their best to immediately remedy the situation if they are capable of fixing it (i.e., get more toilet paper or hand towels, plunge a clogged toilet, mop up spills, etc.), or they will contact the event supervisor immediately to let them know of the problem. 


Under no circumstances is CATERER or their staff to state or imply to guests that they are an employee of THE COAL RESERVE. 


NOTHING but water is to go down the drains. All plate/food scraps are to be completely removed from pots, pans and plates before putting them into a sink or dishwasher. Operation instructions for the dishwasher will be provided if the Kitchen is rented. 


Immediately at the conclusion of the EVENT and before leaving the premises, the CATERER is responsible for cleaning of all ACCESS AREAS of any food-related spills and messes. All areas are to be returned to the condition they were in when the CATERER arrived for setup. If rented, the Kitchen and Catering Prep Area floors must be mopped. 


The CATERER is to make every effort to complete clean-up in the time allowed. 


All food-related trash is to be removed from the property. 


If cleanup is not adequate, the RENTAL PARTY will be invoiced $50 per hour for the time it takes to complete cleanup work and return the food related areas of the facility to the condition they were in when CATERER arrived for setup. 


The RENTAL PARTY agrees to pay for repairs or replacement of any of the OWNERS' property that is broken or damaged during or in connection with CATERER’s services and activities at this EVENT within 10 days of being invoiced by the OWNERS for the repair or replacement. 


6. ALCOHOLIC BEVERAGE SERVICE 


Alcoholic beverages all allowed only if served by a STAR-certified bartending staff. Guests under 21 cannot be served alcoholic drinks. 


The RENTAL PARTY or CATERER must provide all alcoholic beverages, mixers, and condiments. 


Kegs are not allowed on OWNERS' property. 


Bar deliveries and setup should be done during ADDITIONAL ACCESS TIME(S). A small refrigerator is available with rental of Hanger (3 case capacity; 1-2 day chilling recommended). A beer cooler is available with rental of Stoker Lounge (8 case capacity; full case boxes will not fit; minimum of 3-day chilling recommended). 


Guests cannot be charged for alcoholic drinks. 


Personal coolers are not allowed inside THE COAL RESERVE's building. 


Guests who bring alcoholic beverages must deliver them to the bartender upon arrival. 


Beer in cups is not allowed inside THE COAL RESERVE's building. 


Bar sinks are for liquids only. DO NOT pour large amounts of liquids down the bar sinks and DO NOT wash food particles down the bar sinks. 


7. INSURANCE AND ADDITIONAL PAYMENTS 


The RENTAL PARTY agrees to pay for any and all damages resulting from their own actions, or the actions of their guests, friends, family, independent contractors, the contractor’s employees or their agents, before, during or after this EVENT, whether covered by insurance or not. 


It is suggested that the RENTAL PARTY, and each of their vendors, provides the OWNERS with a copy of their general liability insurance certificate, with $1,000,000 of coverage. The certificates of insurance should include a separate endorsement naming “FRANK H. IKERD III & CHARLOTTE IKERD” as an additional insured. 


The RENTAL PARTY shall pay the OWNERS within 10 days of the EVENT, for replacement and/or repair of any of the OWNERS' property that is lost, stolen, damaged and in need of repair due to damage that occurred during or in connection with the EVENT. An invoice from the OWNERS will be conclusive as to the amount RENTAL PARTY shall pay for repair or replacement. 


The RENTAL PARTY agrees to pay the OWNERS no less than $100 for failure to abide by the smoking and trash restrictions defined in this agreement. 


The RENTAL PARTY agrees to pay the OWNERS no less than $100 for failure to abide by the animals and pets policy defined in this agreement. 


The RENTAL PARTY agrees to pay the OWNERS no less than $500 for failure to abide by the fireworks and floating lantern restriction defined in this agreement. 


ACCEPTANCE OF CONTRACT 


When payment is made to the OWNERS, according to the terms of the corresponding/attached INVOICE, this CONTRACT shall be considered to be signed electronically and accepted by the RENTAL PARTY and will become effective between the OWNERS and the RENTAL PARTY. 


The  RENTAL PARTY understands and agrees that that they will save, defend and hold harmless, the OWNERS, in the event that the facilities and items rented in this agreement are not available to the RENTAL PARTY because of reasons beyond the OWNERS' immediate control. 


In the event the rented facilities are destroyed or rendered unuseable by fire, storm, or hurricane, or other casualty not caused by the negligence of the RENTAL PARTY, this agreement shall be at an end at that time, except for the purpose of enforcing rights that may have then accrued under this agreement. 


The RENTAL PARTY agrees and understands that they will save, defend and hold harmless the OWNERS from all claims, losses, injury, sickness, liability, damages, expenses, fees (including attorney fees), costs and judgments that may be asserted against the OWNERS that result from acts or omissions of the RENTAL PARTY, their/his/her employees, guests and/or agents that may occur during or as a result of the use or occupancy of the facilities rented in this agreement. 


The RENTAL PARTY indemnifies and holds the OWENRS harmless for all injuries or damage of any kind caused by facilities rented from the OWNERS, and for all consequential and special damages for any claimed breach of warranty. 


The RENTAL PARTY agrees to all rules and regulations between the RENTAL PARTY and the OWNERS as outlined in this agreement. 


The RENTAL PARTY shall not assign this agreement or sublet any part of the facility or rented property in any way. 


The RENTAL PARTY agrees that it shall not remove any items and equipment that belongs to the OWNERS or is part of THE COAL RESERVE's facilities. 


If any provision of this AGREEMENT shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this AGREEMENT is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 


THIS AGREEMENT with its corresponding QUOTE and INVOICE constitutes the sole, complete, and binding Agreement between the OWNERS and the RENTAL PARTY.


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