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07-26-2007 PARK HYATT BEAVER CREEK RESORT CATERING CONTRACTPARK HYATT BEAVER CREEK RESORT PO BOX 1595 PAKK IIYA'fT DEAVEK CAULK- July 26, 2007 CATERING CONTRACT AVON, CO 81620- US Telephone: (970) 949-1234 Fax: (970) 827-6796 ALL RESERVATIONS AND AGREEMENTS are made upon, and are subject to, the rules and regulations of the Hotel and the following conditions: Your private function has been booked on a first option tentative basis: GROUP NAME: FUNCTION NAME: CONTACT NAME: ADDRESS: PHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: TOWN OF AVON TOWN OF AVON PARTY CATHERINE HAYNES GENERIC GENERIC, CO 81620 (970) 748-4025 chaynes@avon.org Day Date Function Time Set Up # of guests Room Rental Friday 12/7/2007 DINNER 07:00 PM - BANQUET 300 $ 0 AND 12:00 AM ROUNDS DANCING OF 10 DEFINITE BOOKING Once you sign and return this letter, along with the required deposit of $10,000.00, your reservation will be confirmed and considered a definite booking. This signed contract and deposit of $10,000.00are due on 7/30/2007. MINIMUM REVENUE COMMITMENT Based on the approximate number of guests set forth above, a minimum of $15,000.00 in combined banquet food, beverage and meeting room rental will be spent at your function. This minimum does not include service charges, tax(group is tax exempt but must provide tax exempt number/ertificate) or any other miscellaneous charges incurred. Should your final count drop below the approximate number of guests listed above, we will be happy to advise you on additional alternatives in food and beverage which will bring you back up to the agreed upon minimum revenue figures for your function. CANCELLATION POLICY Either the Hotel or Group may cancel this contract without cause at any time prior to the event by paying to the other party liquidated damages (agreed not to constitute a penalty) based on the following scale: More than six(6) months from arrival date $6,000.00 Less than six(6) months to one(]) month from arrival date $9,000.00 Less than one(l) month u to arrival date $11,250.00 Cancellations made under this provision shall be made by the canceling party to the non-canceling party by written notice and payment of the liquidated damages due at that time. GUARANTEE COUNTS In arranging for private functions, the final attendance must be received by the Catering Office no later than 11:00 a.m. three (3) working days prior to the commencement of the function. This number will be considered a guarantee, not subject to reduction, and charges will be made accordingly. Please provide the guarantees on the following days*: Da of Function: Guarantee due on the recedin : Saturday, Sunday, or Monday Wednesday Tuesday Thursday Wednesday Friday Thursday Monday Friday Tuesday *National Holidays are not considered working days and should be taken into consideration when submitting guarantees. The Hotel will be prepared to serve 5% more than the guaranteed number of attendees and cannot be responsible for service to more than 5 % over the guarantee for groups of up to 1,000 persons. For groups more than 1,000 persons, a maximum of 50 person overset will apply. If the guarantee is raised within the 72 hours, the 5% over set will not apply, and the guarantee then becomes the set. TAXES All federal and local taxes / charges which may be imposed or be applicable to this agreement and to the service rendered by the Hotel are in addition to the prices herein agreed upon, and the Customer agrees to pay them. Groups that are tax exempt in the State of COLORADO must provide a copy of the Town of Avon tax exemption certificate at the time of signing this agreement to qualify. FOOD AND BEVERAGE No food and beverage of any kind may be brought into the Hotel by the Customer or any of the Customer's guests or invitees. Special Dinner menu @ $40.00/pp + 20% Service Charge Special Drink Ticket Pricing- (1) Ticket is valid for one call cocktail or one beer or one wine or one soda @ $5.00/per ticket + 20% Service Charge. Each guest will be give (2) Drink Tickets. Hyatt offers the following types of alcohol beverage service: x By the coupon: Price for alcoholic beverages is charged by the coupon. x Cash Bar Please check the desired type of alcohol beverage service required. CONTINGENCY Performance of the agreement is contingent upon the ability of the Hotel to complete same and is subject to labor, disputes, strikes or picketing, accidents, government (federal, state, local) requisitions, restrictions upon travel, transportation, food, beverage or supplies and other causes, whether enumerated herein or not, which are beyond the control of the Hotel. In no event shall the Hotel be liable for the loss of profit or other similar or dissimilar collateral of consequential damages, whether based on breach of contract, warranty or otherwise. In no event shall the Hotel's liability be in excess of the total amount of the food and beverages contracted heretofore. PAYMENT ALL LOCAL/SOCIAL EVENTS MUST BE COMPLETELY PRE-PAID 72 BUISNESS HOURS PRIOR TO THE FUNCTION. Minimum spend of $15,000.00 +20 % Service Charge =$18,000.00 Payment Schedule: I" Deposit of $10,000.00 is due on 7/30/07 2nd Pre-payment of $8,000.00 is due on 11/27/07 Final guarantee numbers and any additional pre-payment is due by noon on 12/02/07 $18,000.00 ISAMINIMUM ONLY. CLIENTIS RESPONSIBLE FOR ANY CHARGES ABOVE $18,000.00 Payment shall be made 72 hours advance of the function in the form of cash or certified check. SERVICE CHARGE A 20% Service Charge and applicable taxes shall be added to all food and beverage. 10 percent of which is to go to service personnel and/or bartenders engaged in the function, and 10 percent is retained by the hotel to off set employee wages and benefits. LIABILITY The Customer agrees to be responsible for any damage done to the function rooms or any other part of the Hotel by the Customer, his guest, invitees, employees, independent contractors or other agents under the Customer's control. The Hotel will not assume or accept any responsibility for damage to or loss of any merchandise or articles left in the hotel prior to, during or following the Customer's function. PERMITS/LICENSES In the event that the Customer's function requires a permit or license from any governing body, local, state or federal, the Customer is solely responsible for obtaining such license or permit at Customer's expense. EVENT ROOM The Hotel reserves the right to assign another room for the Customer's functions in the event the room originally designated for such function shall be unavailable or inappropriate, in the Hotel's sole opinion. AGREEMENT The agreement shall be considered accepted once both parties have signed below. It is our understanding that you are empowered by your organization to make these arrangements. A signature delivered by facsimile or electronic means will be considered binding for both parties. Date: Signature: PEACH DUTY PARK HYATT BEAVER CREEK RESORT Date: Signatu : Printe ' TOWN OF ON DR 0160 102i951 COLORADO DEPARTMENT OF REVENUE DENVER CO 802E1-001--, CERTIFICATE OF EXEMPTION FOR COLORADO STATE SALEVUSE TAX ONLY THIS LICENSE 15 NOT TRANSFERABLE USE ACCOUNT NUMBER LIABILITY INFORMATION ISSUE DATE for all ref erences 98-03947-0000 144 00" N 0901811 SEP 06 2000 I 400 BENCHMARK RD AVON CO Ilrrl~rrrilrllrrr~lrlll~rrilrrrl~ir~irrrlrirl~l~r~irirl~llr~~l CITY OF AVON AVON CITY OF PO BOX 975 AVON CO 81620-0975 Executive Director Departmenr of Revenue