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HomeMy WebLinkAboutC87-132 Agreement with Fool's Gold for entertainment at fair and rodeoC87-132-12 AGREEMENT THIS AGREEMENT made this _ZtQ day of August, 1987, by and between The County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter referred to as "the County"), and FOOL'S GOLD, whose address is C/O Lou Acosta, P.O. Box 845, Avon, Colorado, 81620, (hereinafter "Artist"). 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 Artist 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. Artist agrees to provide outdoor musical entertain- ment to be performed by his band consisting of first class and capable musicians at the following time and date: Saturday, August 15, 1987 11:00 a.m. to 1:00 P.M. 2. In consideration of the faithful fulfillment of the provisions of this Agreement, the County agrees to pay Artist One Hundred Sixty Dollars ($160) for the session contemplated herein. The County agrees to deliver to Artist an Eagle County Warrant for that amount at the close of the perfor- mance. 3. Artist understands and agrees that any failure on his 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. Artist shall be subject to instructions 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, including lighting, 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, this Agreement shall be voided by the County's giving notice to Artist. Likewise, in the event of weather so inclement prior to setup for the performance of Artist as to make a performance impossible or impracticable, the County reserves the right to cancel the performance, in which case no compensation will be due Artist by the County. 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. The County shall have the right to collect all sums paid in advance (if any), and the cost of such collection, upon such termination. 8. Artist is an independent contractor, and his 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. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Clerk of the Board of Richard L. Gustafson, Chairman County Commissioners P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 -2- ti 6 j STATE OF COLORADO ARTIST: FOOL'S GOLD Lou Acosta P.O. Box 845 Avon, Colorado 81620 949-5338 ss County of _� ) �t The foregoing was acknowledged before me this day of August, 1987, by Lou Acosta, as for Fool's Gold. My commission expires Lz 4-7Notary Publ' -3-