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Home My WebLink AboutC97-175 Eagle Valley Wrestling ClubAGREEMENT BETWEEN EAGLE VALLEY WRESTLING CLUB AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT, made thisLS iL' 01 day of2m�—, 1997, by and between the County of Eagle, State of Colorado (hereinaf er referred to as "County"), by and through its Board of County Commissioners/Fair Board; and Eagle Valley Wrestling Club ("Club"). 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 WHEREAS, the County desires to grant to the Club permission to operate the concessions at the Eagle County Fairgrounds for the 1997 Eagle County Fair and Rodeo, and the Club desires to operate the concessions at the Eagle County Fairgrounds for the 1997 Eagle County Fair and Rodeo. 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 Sections 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. 2. The Eagle Valley Wrestling Club, represented by Monty Speakman represents that it is duly authorized to enter into this agreement for its intended purposes. SCOPE AND CONSIDERATION• 3. The Club shall pay the County the equivalent of thirty percent (30%) of all net profits from operating said concessions. Said sum shall be payable to the County by November 3, 1997. An accounting of said net profits is to accompany said payment. 4. The Club agrees that operating the concession consists of serving food and non- alcoholic beverages for the time periods as set forth below: Saturday, July 26, 1997 Sunday, July 27, 1997 Thursday, July 31, 1997 Friday, August 1, 1997 Saturday, August 2, 1997 Sunday, August 3, 1997 6:00 p.m. - 11:00 p.m. 9:00 a.m. - 3:00 p.m. 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. 7:00 a:m. - 4:00 p.m. 5. The Club shall be responsible for providing all food, supplies, and equipment necessary for operation of the concessions. 6. The Club shall be responsible for providing all labor necessary for the operation of the concessions. 7. The Club shall be responsible for keeping the immediate area around the concessions free from trash and waste materials. All trash and waste materials shall be taken to the designated area. 8. The Club shall insure that the concessions are in compliance with all applicable local, federal and state laws and regulations. 9. The Club shall operate the concessions in a professional and sanitary manner and shall not engage, nor allow others to engage in any activity which would reflect adversely on or discredit the Eagle County Fair and Rodeo. 10. The Club shall insure that all required state, local and federal taxes are paid. 11. The Club shall maintain during the Eagle County Fair and Rodeo comprehensive general liability insurance with limits in a minimum amount of $400,000 aggregate per occurrence and $150,000 per person injury or property damage. NOTICE 12. All written notices shall be given by certified mail to the following addresses, as applicable: Board of County Commissioners County of Eagle, State of Colorado P.O. Box 850 Eagle, CO 81631 Eagle Valley Wrestling Club c/o Monty Speakman P.O. Box 30 Bond, CO 80423 MISCELLANEOUS 13. 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 impossible, this Agreement may be voided by the County upon giving written notice to Club, at the address provided herein. 14. This agreement shall be governed by and construed in accordance with 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. Club is an independent contractor and neither it nor 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, which is not to be construed as a partnership, joint venture or any other type of contractual arrangement. 16. Club, shall hold harmless and indemnify the County, its boards, commissions, officers and employees, against all expenses, losses, liabilities and claims of every kind, including reasonable attorney's fees, by or on behalf of any person or entity arising out of either a failure to pay for labor, materials or services used, 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 Club, to perform any of the terms or conditions of this Agreement. 17. Club shall not sublet nor assign this agreement without the prior written consent of the County, which may be withheld for any purpose. 18. The Provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. 19. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 20. This written agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Rodeo Committee other than those contained herein. 21. All agreements herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement of covenant were not contained herein. IN WITNESS OF, the parties here to have executed this Agreement this day of , 1997. � 6AGLf � CO ATTEST: y .:J r Clerk to the Board of County Commissioners ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMIVIISSIONERS F By: ohnnette Phillips, Chair an ENTERTAINER By: (Print Name) : ryl o 0 TY W - S F 1,4 KM A-+) Title: T'�f S/.OS,kJT b E- '-,J C— 1997 EAGLE COUNTY FAIR AND RODEO SCHEDULE OF EVENTS JULY 26 - AUGUST 3, 1997 Saturday, July 26 9:00 a.m. 8:00 p.m. Sundav, July 27 9:00 a.m. Monday, July 28 5:00 p.m. Tuesday, July 29 2:00 p.m. Wednesday, July 30 9:00 a.m. 9:00 a.m. Thursday, July 31 9:00 a.m. 3:00 - 8:00 p.m. 5:00 - 7:30 p.m. 8:00 p.m. Friday, August 1 Team Pennimg Competition, Rodeo Arena Bull Riders Only followed by Texas the Band in concert Junior Rodeo, Rodeo Arena Open Class Western Horse Show, Rodeo Arena 1997 Fair & Rodeo Royalty Contest 4-H / Youth Open Horse Show 4-H In -Building and Open Class Judging 4-H Livestock and Exhibit Hall Competitions Raptor Education Foundation Free Stage Entertainment PRCA Rodeo Eagle River Arts Festival 4-H Livestock and Exhibit Hall Competitions 10:00 a.m. - 8:00 p.m. Free Stage Entertainment 1:00 - 6:00 p,m, Raptor Education Foundation 6:00 p.m. 4-H Fashion Revue 8:00 p.m. PRCA Rodeo Saturday, August 2 8:00 a.m. 9:30 a.m. - 8:00 p.m 11:00 a.m. - 4:00 p.m. 4:00 p.m. 8:00 p.m. Sunday, August 3 Concession Hours 6.00 pm - 11: 00 pm 9:00 am - 3: 00 pm 7:00 am -10.00 pm 7. 00 am -10.00 pm CWHJA Horse Show (Hunter) 7.•00 am -10.00 pm Eagle River Arts Festival 4-H Livestock and Exhibit Hall Competitions Free Stage Entertainment Raptor Education Foundation Preview of market animals, immediately followed by Junior Livestock Auction, sponsored by the Junior Livestock Commission PRCA Rodeo Eagle River Arts Festival 7:00 am - 4:00 pm 8:00 a.m. CWHJA Horse Show (Jumper) 10:30 a.m. - 5:00 p.m. Free Stage Entertainment 1:00 P.M. PRCA Rodeo