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Home My WebLink AboutC88-057 Ritchey Rodeo Company� m AGREEMENT BETWEEN THE RZT[HEY BODEO` � THE COUNTY OF EAGLE, STATE OF COLORADO ` THIS AGREEMENT is made and entered i m� May 1988, lzl, and l)e��ee^^^" ^�� day �� , u The coor��l/ ot Eagle, � ou/u o�zpu�o its ��o��d o� {�onotl/ Commissioners (hereinafter the "County") ao�� the Ritchey Rodeo C ` tio»` /her"i'�afta' �ftohey), om��arz]/, a Colorado Corpora- tion, UHEF-EAS, The County is the owner, of oertaYn real prnpe ty located in the Coonty nf EaSle, St-3t` Of �olorado whioh ia ure� and commonly ,efe/�red to os th� '/Eag|� County Fa�rgrnunJs«� said reo� property beiog mnr� partioularly descrfbe� �n Book 220 uo� Page 705, and 8�ok 3O5 at Poge 631, reap��t�ve'Y of �he Ea�le Counfy, Colurad*` r*al property re�ord�; and ' ` � WHEREAS, the 1388 Eag>. County Fair, is sohyduled to he hel� at th* Eag|� Coun�y Fafrgrounds from August Q thrnugh �ugust |� 1888 inolusIve� und ` WH[REAS, in with the 1988 Eagle Coo:ty Fair the County des�rea to u�o thn oreno areo and assoofated facilities at the Eagl� Cuunty Fairgroundc for the intended pu,pu�e Of hav�ng a rod�o of a quality which would quolffy the rodeo to be sanot'oned by thr- (,- 01 o1'ado State Rodeo Association. and ' VHEREAS, Ritchey rap/`esents that it is ready willing anj able to produce the oaliber Of rodeo desired by the'County; ' « THER EF0 � E, fn consfderatfnn of th,= mutual nmvenants and promises oonta�nad ha,efn, the partfes h�retm agree a follows� l. 11"uthurfty i-o Contract The Coontv it is duly authorized to enter Ynto this Agreeman+ pursuen+ to Sections 30-11-101, 30-11-103` and 3O- 11-1O7, C.R.S. aa amended. Rituhay represents it is a Colorado Corporation duly organized and �xfstfog under the lowa of the State of Coloradm and that is duly authorized pursuont to �ts articles of inoor` poratiwn aod bylaws to enter- into this Ag,eemeot for the intended purpose. Ritchey further represents thot the per-son executing this Agreement has be-en duly euthor'zed to aot on behalf of Ritn lie y# 2. Scope of Rodeo Ritchey shall produce three (3) rodeo performances each containing nine events including; Bareback, Saddle Bronco, Bu}lriding, Calf Roping, Steer Wrestling, Ladies Barrel Race, Team Roping, Nixed Team Roping, Old Timer Team Roping, and Womens/ Break Away Roping. Performances are scheduled for Frfday, August 12, 7:00 p.m.; Saturday, August 13, 1:00 p.m.; Sunday" August 14, 1:00 p.m, Ritchey shall provide the necessary personnel for the rodeo performances as follows; are/)o director, announcer, pickup man with horses and equipment, men to operate bucking chutes, man to operate calf chutes, clown for bull-fighting, and timers. The County shall provide lodging 0000mendationo for the rodeo announcer. The County, through agreement with the Colorado State Rodeo Association, shall provide a secretary to handle administrative matters and necessary judges. The Rodeo performances shall be held at the Eagle County Fairgrounds in the rodeo arena. The County agrees to provide and pay for electricity, water, trash removal, local telephone charges, sanitation and other ordinary utility services to the premises during the rodeo events and activities contemplated herein and to the same extent as the County provides to the Eagle County Fairgrounds during the Eagle County Fair. Eagle County shall provide water and watering facilities for livestock, all hay necessary for feeding livestock, and necessary pens for holding livestock. 3. Compensation Eagle County shall pay to Ritchey, for services, stook and labor delivered and performed under this agreement, the sum of three thousand, eight hundred dollars ($3,800.00) by Eagle County Warrant at the end of the last performance on August 14, 1988. Eagle County, through the CSRA, shall collect from each cowboy and pay to Ritchey a $9.00 rough stock charge or a +6.00 stock charge for timed *vents for each contestant in each event where the respective stock is used. 4, Accounting Records Ritchey will at no time he responsfhlc for and will not collect fees or other monies related to the rodeo form individual sPertaturs or individual cnn+=q+An+= S. Insurance Ritchey shall procure and maintain in force, at its sole expense, public liability insurance. Such coverage shall be adequate to protect against liability for claims for injury or, damages arising out of, related to, or resulting from the performances and/or slack of the rodeo events and activities contemplated herein' in a minimum amount of One Hundred Fifty Thousand Dollars ($150`000.00) for each person injured, Four Hundred Thousand Dollars ($400,000,OO) for any one accident. The County shall be named as an additional insured on such l�^ pn oy. Zn addition to the foregoing insurance, Ritchey shall provide and maintain in force worker's compensation insurance for all of its employees. Ritchey shall provide certificates of such insurance to the County Attorney no later than 10 days prior to the first s*hedul& rodeo performance contemplated herein. 8. Ritchey shall hold harmless and indemnify the County` its boards, commissions, officers and employees, against all expenses, looses, liabilities and claims of every kind, including reasonable attorney's fees, by or an behalf of any person or entity arising out of either a failure to pay for labor materials or services use, consumed or rendered for the intended purpose set forth herein or failure to comply with any law or any governmental authority or a failure by Ritchey to perform any of the terms of conditions of this Agreement. 7. Ritchey is an independent contractor, and neither it not its officers, employees or members shall be deemed agents or employees of the County for any purposes whatsoever. It is the expressed intent of the parties hereto to enter into an arms- length agreement, and is not to be construed as a partnership, joint venture or any other type of contractual arrangement, S. Nis:ellaneous 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 1988 Eagle County Fair impossible, this Agreement may be voided by the County upon giving notice to the Ritchey. This agreement shall be governed by and construed in accordance with the lawr of the State of Colorado, Ritchey shall not sublet nor assign this agreement without the prior written consent of the County which may be withheld for any purpnse. All written notices shall be given by certified moil to the following addresses` as applicable; Board of County Commissioners County of Eagle, State of Colorado c/o Eagle County Manager P.O. Box 850 Eagle, Colorado 81631 Grant Rit(,- hoy RftC,h�y Rodeu Company 130,21 Sable Blvd. Th rovisiono o thic Agr ment oha- ll :-�:tend to and be bfnding upnn the resp, -�- c:tfve parties h tm, thair ouocessor�; and No' mod ffi Cat fon or we1ver of this Agreement or of any oovenant, oonditioo, mr provfs/on |/erein coil tained sha|| b val�d unless in writ ng �nJ duly ex outed by tI rty fm -be oharged therewith. ThIa wri+ten a,,e�ment 1�!mbndfec Hl- whole between the part �Ier 0. und th re a r � no induoemrnt�, prumi�eo, terms, oondftiono, nr mude or entered into either by the �ounty or the Rod Commitfee other than thosc oonta;ined h�r�1n. A|l agre ments h re sever�hle, mnd io �he �v�nt that any of tham ohall be h�ld fnvalid by a o�urt Vf oompetent �urisdiof7nn, th7-3 A q,eem terproted as if such invalfd a I'll eot *r oov�nant were n*t con lie h= re, in, IN WTTNE3S W h�re to h t d thi A qr nt thi s day of , � ------------ COUNTY OF EAGLE , STATE OF COLD�ADD, By and Throuc-4h Its Board of County Attes+: by� - G,eorge A�rGotes, C alrman Attest : by