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HomeMy WebLinkAboutC97-174 L&L AmusementsAGREEMENT BETWEEN L & L AMUSEMENTS AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this s- ?e�9 74 day of , 1997, by and between the County of Eagle, State of Colorado (hereinafter referred to as "County"), by and through its Board of County Commissioners, and L & L Amusements (hereinafter referred to as "Contractor"). WHEREAS, the County is the owner of certain real property located in the County of Eagle, State of Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 1997 Eagle County Fair and Rodeo is scheduled to be held at the Eagle County Fairgrounds on July 26 -August 3, 1997; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: AUTHORITY TO CONTRACT 1. The County represents it is duly authorized to enter into this Agreement pursuant to Section 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. 2. Contractor represents that he/she is duly authorized to enter into this agreement for its intended purposes. �K1 1 0 e • 3. Contractor agrees to provide a minimum of fifteen (15) adult and children amusement rides, games, food and confection concessions beginning July 30 and continuing through August 3, 1997. 4. County will receive the following sponsor fee commitment: 10% of the first $20,000.00 of total ride gross; 15% between $20,001.00 and $25,000.00 of total ride gross; 20% for all revenues over $25,001.00 of total ride gross 5. Contractor represents to the County that it will maintain a general liability insurance policy in effect relative to the performance of its duties hereunder, in the minimum amount of Five Hundred Thousand Dollars ($500,000). 6. Contractor shall carry Comprehensive Motor Vehicle Insurance in the minimum amounts of $150,000/$500,000 for bodily injury, and $500,00 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 7. Proof of insurance is to be provided to the County thirty (30) days prior to the commencement of this Agreement. INDEPENDENT CONTRACTOR 8. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will be an independent contractor and not an employee of Eagle County for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Colorado Revenue and Tax laws, Colorado Worker's Compensation law and the Colorado Unemployment Insurance laws. 9. Contractor will retain sole and absolute discretion in the judgement of the manner and the means of carrying out Contractor's activities and responsibilities hereunder. 10. Contractor agrees that it is a separate and independent enterprise from Eagle County, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. 11. This agreement shall not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 7 MISCELLANEOUS 12. Contractor agrees to hold harmless and indemnify the County against any liability arising out of the negligent acts of its employees or agents. Likewise, the County agrees to hold harmless and indemnify Contractor against liability arising out of the negligent acts of its employees or agents. 13. Contractor shall have exclusive control of the operations of all shows, riding devices, and concessions; the feature and character of which shall be satisfactory to County. 14. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right or cause of action arising under or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 15. In the event of any litigation between the parties hereto regarding the interpretation of the Agreement or the obligation, duties or rights of the parties hereunder, or if suit or otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, than and in any of such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 16. This Agreement shall not be assignable without the prior written consent of the parties hereto. Any such attempted assignment shall be void. 17. This Agreement constitutes the entire agreement between the parties hereto. Any amendments, additions, alterations or modifications to the terms or conditions of the Agreement shall be in writing and signed by both parties. 18. County agrees to provide Contractor with suitable location and exhibition site located at the Eagle County Fairgrounds, 0246 Fairgrounds Road, in Eagle, Colorado. 19. County agrees to furnish the necessary water and police protection during the term of said exhibition as may be required by Contractor. 3 NOTICE 20. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: Board of County Commissioners County of Eagle, State of Colorado P.O. Box 850 Eagle, Colorado 81631 (970)328-8605 L & L Amusements Bill & Holly Leavitt 42825 Northwest Grand Avenue Morristown, AZ, 85342 IN WITNESS REOF, the parties hereto have executed this Agreement this -306L- day of , 1997. COUNTY OF EAGLE, STATE OF 001CORA'Do COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Clerk to the Board of ohnnette Phillips, airm County Commissioners ATTEST: CONTRACTOR By: (Print Name): L e ` Title: Gg