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HomeMy WebLinkAboutC87-122 Colorado Midland Band entertainment for fair and rodeoC1 P D DO AGREEMENT C87-122-12 THIS AGREEMENT made this f�- ( day of 0, 1987, by and between The County of Eagle, State of Colora o, by and through its Board of County Commissioners (hereina er referred to as "the County") , andgma raBand, ose address is Box 1098, Basalt, Colorad8�81621. W I T N E S S E T H: WHEREAS, the County is holding its annual Eagle County Fair and Rodeo on August 11th - 16th, 1987; and WHEREAS, the County is desirous of obtaining, and Colorado Midland Band is willing to provide, entertainment for the 1987 Eagle County Fair and Rodeo. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows. 1. Colorado Midland Band agrees to provide outdoor musical entertainment to be performed by its band consisting of first class and capable musicians at the following time and date: Sunday, August 16, 1987 11:00 a.m. - 1:00 p.m. 2. In consideration of the faithful fulfillment of the provisions of this Agreement, the County agrees to pay Colorado Midland Band ($500.00) for the session contemplated herein. The County agrees to deliver said amount in the form of an Eagle County Treasurer's Warrant to Colorado Midland Band at the close of its performance. 3. Colorado Midland Band understands and agrees that any failure on its part to comply with the provisions of this Agreement shall operate as a forfeiture of all or part of the compensation herein provided for, as may be determined by the County. 4. Colorado Midland Band shall be subject to instruc- tions by the County, its officers, employees and/or agents, as to the location at which it shall perform. 5. The County agrees to furnish suitable and necessary stage accommodations reasonably required for the performance described herein. 6. In case of the occurrence of any natural or man-made disaster, or any other event beyond the control of the County, which makes the holding of the Eagle County Fair and Rodeo on August 11th - 16th, 1987, at the Eagle County Fairgrounds, impossible or impracticable; or in the event of weather so inclement prior to setup for the performance of Colorado Midland Band as to make a performance impossible or impractic- able, the County agrees to pay Colorado Midland Band the sum of $200 in liquidated damages. Such sum shall be accepted in lieu of any other remedy. 7. Any criminal conduct, unexcused tardiness or absence which prevents timely starting of the performance required herein, indecency or obscenity, drunkenness or being under the influence of narcotics or hallucinatory drugs, shall be grounds for termination of this Agreement and nonpayment of the sum due hereunder. 8. Colorado Midland Band is an independent contractor, and its members shall not be deemed to be employees of Eagle County for any purpose. 9. In the event of default hereunder, the defaulting party shall pay all costs including reasonable attorney's fees which accrue from enforcing this Agreement, whether by suit or otherwise. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and year first above written. WW' 0 rk of the `Board o my Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD O UNTY COMMISSIONERS i By: Richard L."-us�fso Chairm P.O. Box 8 0 Eagle, Col 0 31 (303) 328-7311 COLORADO MIDLAND BAND By: rankie Thrower P.O. Box 1098 Basalt, Colorado 81621 Telephone: (303) 927-4061 -2-