HomeMy WebLinkAbout20011737.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL BULL RIDERS EVENT AND
AUTHORIZE CHAIR TO SIGN - LONE TREE PROMOTIONS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Professional Bull
Riders Event between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Lone Tree Promotions, with terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for the Professional Bull Riders Event between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Lone Tree Promotions be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gtetk J LA EXCUSED DATE OF SIGNING
_ M. J. Geile, Ch r
Weld County Clerk to th o. ems
ise, ,
♦ Glenn Vaad, Pr�
..
BY:
Deputy Clerk to the B 'U'N'\ 1q 1-c , 9. L -2
William H. Jerke
AP O D ORM: EXCUSED
David E. Long �Vp�pX
un ttorn1y EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
�n LV'1e Tea 2001-1737B0
7"� X BC0031
AGREEMENT FOR PROFESSIONAL BULL RIDERS EVENT
THIS AGREEMENT is made this /1 day of Ju nt , 2001, by and between
the County of Weld, a political subdivision of the State of Colorado, on behalf of the Weld County
Fair, with offices located at 915 10th Avenue, Greeley, CO 80631, hereinafter referred to as "Weld
County Fair," and Lone Tree Promotions, whose address is 1014 FM Road 369 South, Iowa Park,
TX 76367, hereinafter referred to as "Promoter."
WITNESSETH:
WHEREAS, the Weld County Fair is scheduled to occur July 23 - 31, 2001, and
WHEREAS,Promoter desires to conduct a Professional Bull Riding event during the Weld
County Fair, with performances on July 27 and 28, 2001, at the Island Grove Regional Park
Grandstand Arena("the Facility"), and
WHEREAS,although on July 27 and 28,2001,the Facility is dedicated in its entirety to the
Weld County Fair,the Weld County Fair desires to consent to Promoter conducting such an event
in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the
parties mutually agree as follow:
I. CONSENT TO PROMOTER USING THE FACILITY FOR EVENT: The Weld County
Fair consents to the use of the Facility by Promoter for the purpose of conducting a
Professional Bull Riding event therein, with performances on July 27 and 28, 2001 ("the
Event"). Such consent is for the use of the Facility by Promoter beginning at 12:00 noon on
July 26, 2001, and continuing to and until 11:59 p.m. on July 28, 2001. Such consent is
conditioned upon Promoter executing a use agreement(lease or otherwise)with the City of
Greeley for the use of the Facility, which shall include any necessary clean up.
II. DUTIES OF PROMOTER:
A. Promoter shall pay to the Weld County Fair the sum of$.50 per seat for each ticket
sold for the Event (both nights included), or a lump sum of$2,000, whichever is
greater, with payment and full accounting to be provided no later than August 1,
2001.
B. Promoter shall provide to the Weld County Fair a total of twenty(20)complimentary
tickets to the Event to be used at the discretion of the Weld County Fair Board.
Page 1 of 4 Pages
2001-1737
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C. Promoter shall enter into a use agreement (lease or otherwise) with the City of
Greeley for the Event. Promoter shall provide a copy of such agreement to the Weld
County Fair no later than July 1, 2001.
D. Promoter shall make all arrangements for the Event,excluding the provision and sale
of concessions. Promoter agrees that the sale of concessions during the Event shall
be performed exclusively by the Weld County Fair(with the exception of beer sales,
as explained below). All revenues collected pursuant to such concessions shall be
kept by and shall be exclusively for the benefit of the Weld County Fair.
E. Promoter agrees that beer sales shall be conducted by persons other than the Weld
County Fair pursuant to any necessary liquor or beer license(s) obtained by or
arranged for by such persons.
F. Promoter shall clean up the Facility as required by the City of Greeley, with such
clean up completed no later than 12:00 p.m. on July 29, 2001.
G. Promoter shall obtain any necessary insurance as required by the City of Greeley.
II DUTIES OF THE WELD COUNTY FAIR:
A. The Weld County Fair shall make certain that the Facility is available for the
Promoter's use beginning at 12:00 noon on July 26,2001, and continuing thereafter
to and until 11:59 p.m. on July 28, 2001.
B. The Weld County Fair shall make certain that all concessions begin at the time when
the gates are opened to persons attending the Event.
III. MISCELLANEOUS:
A. No compensation shall be due from the Weld County Fair to the Promoter for the
purpose of Promoter complying with the terms and conditions of this Agreement.
B. Neither the Promoter, nor any agent or employee of the Promoter, shall be or shall
be deemed to be,an agent or employee of the Weld County Fair. The Promoter shall
have no authorization, express or implied, to bind the Weld County Fair to any
agreements, liability, or understanding. The sale of tickets by the Promoter and
promotional activities for the Event shall be Promoter's own endeavor and shall not
bind or obligate the Weld County Fair to any undertaking. Promoter shall be solely
responsible for the acts of the Promoter, its employees and agents.
C. Neither party may assign its rights or duties under this Agreement without the prior
written consent of the other party.
Page 2 of 4 Pages
D. This Agreement is intended as a complete integration of all understanding between
the parties. No changes, alteration, variation or deviation from the terms of this
Agreement, unless made in writing and signed by all parties hereto, and that no
verbal understanding or agreement past, present or future, not incorporated herein
shall be valid or binding on either party and it is further understood and agreed that
all representations regarding this Agreement are contained herein and understood by
the parties hereto.
E. At all times during the performance of this Agreement, the Promoter shall strictly
adhere to all applicable federal, state and local laws that have been or may hereafter
be established,including but not limited to laws and regulations concerning taxation,
health, safety, labor, employment and licensing.
F. Except as herein otherwise provided,this Agreement shall inure to the benefit of an
be binding upon the parties hereto and their respective successors and assigns.
G. If any term or provision of this Agreement, or the application thereof to any person
or circumstances shall,to any extent,be held invalid or unenforceable,the remainder
of this Agreement, or the application of such terms or provisions, to a person or
circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected, and every other term and provision of this Agreement shall be
deemed valid and enforceable to the extent permitted by law.
H. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
Page 3 of 4 Pages
J. Any notice or communication given pursuant to this Agreement shall be given in
writing,either in person(deemed given when actually received)or by certified mail,
return receipt requested(deemed given three(3) days after mailed). Notice shall be
given to the parties at the following addresses:
COUNTY:
Board of County Commissioners of Weld County
P. O. Box 758
915 10th Street
Greeley, Colorado 80631
PROMOTER:
Lone Tree Promotions
1014 FM Road 369 South
Iowa Park, TX 76367
IN WITNESS 'WHEREOF, of the parties hereto execute this Agreement on the day first
above written.
ATTEST: 12 / /1"/ l * COUNTY OF WELD, a political subdivision
��QQ'' of the STATE OF COLORADO:
Weld County Clerk to t �B�:
�. 1 BY:
BY: ,- g; .°�.IJ r � M. J. dreile, Chairman (06/27/2001)
Deputy Clerk to the Bo fau.,' Board of County Commissioners of the
County of Weld
PROMOTER:
LONE TREE PROMOTIONS
•
By:
Title:
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Page 4 of 4 Pages
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