HomeMy WebLinkAbout20221522.tiffRESOLUTION
RE: APPROVE RENTAL CONTRACT FOR 2022 WELD COUNTY FAIR AND AUTHORIZE
CHAIR TO SIGN ELECTRONICALLY - FLEXX PRODUCTIONS, LLC
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 a Rental Contract for the 2022 Weld
County Fair between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the CSU Extension Service of Weld County / Fair
Board, and FLEXX Productions, LLC, commencing July 22, 2022, and ending August 1, 2022,
with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Rental Contract for the 2022 Weld County Fair between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the CSU Extension Service of Weld County / Fair Board, and FLEXX
Productions, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract electronically.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotatA) Jdo:ok,
Weld County Clerk to the Board
County Attorney
Date of signature: 6/I6/22-
Sc K. James, Chair
1.ta•—•—
eeman, Pro -T,
cc: EX045/snj
7/II /2-2
2022-1522
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County Fair
DEPARTMENT:
Extension /Fair DATE: 5/24/22
PERSON REQUESTING: Jenette Masarie/ Hannah Swanbom
Brief description of the problem/issue:
Weld County Fair Board is requesting approval for Flexx rental agreement for supplies for fair.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Supplies are pipe and drape for all 4-H and Better Living show exhibits, as well as vendor booths,
totaling ($8,680)
Recommendation:
Weld County Fair Board recommends to approve rental agreement with Flexx Productions for
supplies for fair. This has already been reviewed and approved by legal.
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Approve
Recommendation Work Session
Schedule
Other/Comments:
2022-1522
oWoc.°
EXO03cJ
Page 1 of 3
FLEXX
TENTS R EVENTS productions
PARTY RENTALS
1833 E. Harmony #19
Fort Collins, CO 80528
Office: 970.223.1195
Fax: 970226.0528
www.FLEXXoroductions.com
I Customer #: 3322
)
Weld County Phone 970-356.4000
91510th St
Greeley, CO 80631
Operating Delivery/Pick-up Hours: 7:30am-6:00pm (M -SUN)
Operating Will -Call Hours: 9:00am-3:30pm (M -F)
Status: Reservation
Contract #: 23587
Event Beg: Sat 7/23/2022 B:00AM
Event End: Mon 8/1/2022 4:00PM
Operator: AMBER Case
Job Descr: Weld County Guilt Falr 7/23-8/1
Ordered By: Jenette Masarie 970 590-2099
Salesman: AMBER Case AMBER@FLEXXproductions.com
Delivery Fri 7/22/2022 9:00AM
Jenette Masarie 970-590-2099
Island Grove -Events Center
915 10th St
Greeley, CO 80631
Pickup Mon 8/ 1/2022 8:00AM - 5:00PM {
Jenette Masarie 970-590-2099
Island Grove -Events Center
915 10th St
Greeley, CO 80631
AC
del 7/22 9:00am Start
[SEE TECH NOTES]
pu 8/1 8am-5pm
[TECHNICIAN NOTES]
- Some P&D will be set/other areas are a Drop (NEED MAPS ON FILE)
- Set Order.
1) Open Class Exhibit/Quilt Hall (Set by 12:00pm)
2) Drop Additional Parts for this area
3) Vendor Hall (Set by 5:00pm)
4) Drop 4H/Bunkhouse Parts
[CLIENT/PAYMENT NOTES]
- requires 50% non-refundable retainer & signed reservation to officially reserve; pays by invoice
- 45% coupon extended to parts dropped/client setting themselves
-PG approved adjusted T&C's 5/2-
{ Qty
Items Ranted
Each
Price
OPEN CLASS EXHIBIT FLEXX SET
SEE MAP
$250.00
i
50
(Pipe 8 Drape 3' (PerFT))
DRAPE COLOR: WHITE -
$5.00
100
(Pipe 8 Drape 8' (PerFT))
DRAPE COLOR: GREEN
$6.00
$600.00
f
QUILT HALL DISPLAY FLEXX SET
I
SEE MAP
160
(Pipe B. Drape 8' (PerFT))
DRAPE COLOR: GREEN
$6.00
$960.00
OPEN CLASS EXH./HALL
).
FLEXX DROP -CLIENT SETS -
-
- I
470
(Pipe 8 Drape 3' (PerFT))
DRAPE COLOR: WHITE
$2.75
Discount / Disc%
$1,292.50
$1,057.50 / 45.00%
40
(Pipe 8 Drape 8' (PerFT))
$3.30
Discount / Disc%
$132.00
$108.00/ 45.00%1
_
VENDOR HALL FLEXX SET
SEE MAP (ASK FOR PLACEMENT OF LAST 2 8X10 BOOTHS, 2 10)(20 BOOTHS, and 20' OF 8'
TALL)
-
. $47.00
. $376.00
- 8
(Pipe 8 Drape Booth '10x10]
SETTING DRAPE COLOR: BLACK - (17) 10' WIDE x 8' DEEP
Printed On Toe S/242022 10:33:t4AM
Software by PoinaoaRental Software www.poinaokental.mm
Modification #2
ContracaParams.rpt (1)
Contract 8: 23587
Weld County
Page 2 of 3
Qty
Items Refried
Each
Price
2
[Pipe & Drape Booth 10x20]
DRAPE COLOR: BLACK -8k20' Booths • ASK FOR PLACEMENT
$58.00
$116.00
20
—[Pipe & Drape 8' (P.erFT)]
DRAPE COLOR: BLACK Behind tables
$6.00
$120.00 I
4H BUILDING
FLEXX DROP -CLIENT SETS
1200
[Pipe 8 Drape 3' (PerFT)]
- - -
DRAPE COLOR: WHITE
$2.75
Discount / Disc%
$3,300.00
$2,700.00/ 45.00%
BUNKHOUSE
FLEXX DROP -CLIENT SETS
$363.00
$297.00 / 45.00
110
'
[Pipe 8 Drape 8' (PerFT))
_ -
DRAPE COLOR: WHITE
$3.30
Discount / Disc%
--7
I�1
1
EXTRA PARTS
LEAVE ON SITE AS EXTRA
$250.00
$250.00
SALE/DELIVERY
Delivery/Pickup Greeley
Delivery/Pickup-Specific Time
Friday 9:00am delivery
$170.00
$170.00
Thank you for your business!
Rental:
Damage Waiver:
Delivery Charge:
$7,509.50
$750.95
$420.00
Subtotal:
Total:
Paid:
Amount Due:
$8,680.45
$8,680.45
$0.00
$8,680.45
I agree that my electronic signature, as represented here, is legally binding. I hereby represent, warrant acknowledge, agree and attest Thal all contracts and documents submitted using my
electronic signature have been signed by me, the Customer/Lessee/Guarantor (or the CustomefslLessee's/Guarantor's duly authorized representative) identified in this Contract. I
understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwrkten signature. I certify that my electronic signature is
for my own use, that I will keep It confidential, and that I have not assigned. licensed, delegated or shared it for use by any other party(ies). I agree to the electronic storage of this record
and understand that viewing it requires a computer with access to the intemet and a modem web browser. I understand that if I withdraw my consent to the electronic storage of this record
and wish to obtain a paper copy, 1 must request one in person and may be charged a fee. By entering my electronic signature using the provided interface, I declare that I: 1. have read and
understand this Contract (including as applicable, the Lessor's brm(s) of Damage Waiver, Temporary Structures, Tables and Chairs, and Delivery and Acceptance Addenda andlor
Certificate(s) each of which is incorporated herein as it fully set forth); 2. am, or I am authorized to sign this Contract (including such Addenda and Certificates) on behalf of, the
Customer/Lessee/Guarantor identified in the Contract; 3. agree to be bound by the terms and conditions of the Contract and such Addenda and Certificates; 4. PERSONALLY
GUARANTEE the full and prompt payment and performance of all obligations of the Customer/Lessee arising hereunder and/or thereunder. and 5. understand that Point of Rental provides
this e -signature service as a convenience and is not a party to the Contract.
Prinked On Tuo 524/2022 10,33:14AM Software by Pnintat.RemL Software www.pointof rental.com
Modification lit
Contract-Perernaspl (1)
Contract #: 23587 Weld County Page 3 of 3
For good and valuable consideration, you and Steadfast Event Solutions, LLC. NNa "FLEXX Productions' (also referred to in this Contract as'FP. 'Lessor: 'we: 'us' and 'owl agree es Mims:
1. As used herein. "P.1' means your Reservation, Contract, Order or other dollar writlng included herewith, idealising the tern(s) being rented to you hereunder, Contract" means P.t together with these Tarts and
Cmdtias; 'Rented Item(s)" or 'lards)' means the item(s) rented to you, as trended on P.1 (including any Intruclons' podded pa Section (or '§I 4 of this Contract); 'Site' teens the location where the nerds) isfare to be
delivered andlor used (d applicable), as set forth on P.1: and 'Customer; and lessee: 'you' and your' mean the customer, renter or lessee identlied on P.1.
2 You agree to rend the Rented Items) horn FP for the periods) spedfed on P.1 (the 'Term"), and b pay FP the rental met) set loth on P.1 (the 'Rent'), together with any otter charges accruto hereunder, wWoo
proration, reduction or setoff, for the entire schedaed Term and until the Rented Item(s) is/are retuned to and accepted by FP. Renal rates are la normal use of the Rased penis) on a per -event bas's. The Rent wil be increased
for any additional time or use. You vil not be rolled b any cancellation right or reduction of Rem or other amounts corning due hereuder for time in transit, Adis) of God. event(s) of force mejeure or any other periods) of
muse. We have estimated the Rent basal on your estimate of tle length of the Term (the 'EsWated Rend. You agree to pay FP. (AIM any Deposit specified on P.1 (or if none, 35% of the Estimated Rent) upon reservation; and
n at least 10 days before the Tam cdarnences. 100% of the remaining Estimated Rent (together with the Deposit. IM 'Prepayment"): and (b) al other amounts caring due hereunder won demand by FP. You agree that (a) FP
may deduct any amount you axe us from any Prepayment (b) no Interest will amue on any Prepayment: and (c) no Prepayment ova be deemed a In t of your Balky under ce in connection with his Conrad. I your event is
canceled more than 30 days prior to your origin* sdtedted delivery dale, FP may. but mil not be obligated to. permit rescnedu4g of your Rental or refund a portion of your Prepayment Prepayments are °demise
nonrefundable. Anything with in or on arty Rented Itenys) upon return we at our option. be deemed surrendered and abandoned.
S. You ail ensure the Site Is dean, safe, secure and fn for delivery and use of the Rented Item(s). If we agree to provide any services (ndudhg
delivery. setup, 'radiation andlor retrieval) of any hem(s), you agree to: (a) pay our regular charge(s) for the same. and la al waing time: (b) be present at the Site at the agreed tinsels); and (c) ensure our personnel have tul
aaess to the Site at a0 tines. We Ml not be reppartide for mishaps or delay(s) caused by you. you agars or employees or any other parties, including provides of other goods or services ('Other IwnaiOas) ix whCt you agree
W 'sdendly, defend and hold harmless FLEXX Productions. l you are not present upon our delivery, setup. imsalation or retrieval of any Itern(s), you agree to accept the statements d our representatives regarding the same
(Including the saws, condtinn, praely and quantities of time Item(s) and the Seel.
4. Upon the earlier of your receipt or the delivery to the Site. d ee Rented Item(s) unless you thereupon reject Wean, you represent, warrant acknowledge and agree that (a) each Item: (I) is complete and in good
order, smidgen and repair, n is appropriate for your purposes and in d ways acceptable to you: and (u) was selected (not based on any recommendation by ust, carefully examined canted and tested by you or your agent(s):
and @) you: @ have received, reviewed and understand al laws, des. regulations, training. imtrudbro. user manuals. maintenance requirements, and other hfamatbn, if any. IMndimg d eppticade EPA OSHA ASME. IBC.
EC. IEEE. ASSP. ANSI and other applicable standards (aledively, 'Instructions"); (1 wil luly amply therewith; (e) will use each Item only for its Intended purpose. O a reasaad° and safe mama: (n) wD timely give all
atonable notice(s) to, and obtain all applicable licenses, au0orizatios. permits and approves from. aA affected parties. including gwemmenal authorities, utilities, cable companies and the owners) of the Site. end emcee that
a0 underground lines, cables and conduits ara clearly and properly narked before using airy WM') to disturb the ground surface. For this purpose, comact 611 and go to watCobradoal Sorg• at least 3 tuskless days in
advance: (v) suit immediately cease using any Item that is damaged, breaks down or proves defective (a 'Malhmction'): (vi) wal promptly notify the police if ay hamlet Ware stolen or Snored in any acddenc and (v6) al ensure
that aQ others camly with this Contract. You suit nottly us Ymed'ately If any d the brmoiro shall prove incorrect or mieleadtmp at any lime.
5. In the event of a Malfunction as darned h § 4, you agree to immediately notify and return the MWAmdianng Item to, FP. and provided such
Madvndion did not resat from or h connection with any wrongful or negfgent ad(s) or omission(s) of. or any breach of this Contract by, you or anyone you permit to use, occupy or otherwise deal with any Rented Item(s) (hduding
year guests and invitees), we may. at our option: (a) repair der Malfunctioning Item; (b) provide you with a comparable item; a (c) solely with respect to the Malfunctioning Item, return the unused portend the Rent and anal this
Contract The bregoig remedies are EXCLUSIVE. We we have no other obligation(s) regarding Malfunctions al of which you wake (hclu04g whhoul limitation, all direct indirect indudmal and consequential damages).
G Except with reseed to Items we rent from one or more third parties (each a TPO') and den re ent to you (-Re-Rented Itr IWI, FLEXX
Productions arms and will retain tide to all Rented Items at al times. You al have exclusive contra over the Rented Item(s) during the Term; peed however, to your obligation to h0y and timely empty with this Contract al al
times. You SHALL NOT: (a) permit the taldrg a existence of any len. dainm. security interest or enootrance on any such Item: lb) have arty title or ownership hterest in or with reseed to any Rented Demist: or (c) loan, transfer.
sublease repair stop, surrender or assign any Rented Item or this Contract without our prior written consent. We may substitute. see and/or assign any Rented Item(s) andlor all or any part of our interests therein andlor
in this Contract al any tire, h riich event you wD atom to the assignee, who MA not be responsible for any pre-exttbg obligations or liabilities of FP.
7. SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS. AND MAY MOVE. SHIFT, TIP. SINK OVERTURN, LEAK. OR COLLAPSE. PARTICULARLY DURING SEVERE WEATHER AND/OR ON
STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (B) PROVIDE ALL APPLCABLE FAMILIARIZATION. TRAINING.
INSTRUCTIONS AND WARNINGS TO ALL USERS. OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented diem is used reasonably. safely and : (I) foe to intended purposejs): n Mtn
its rated capadty; ('w) at the Site (n) by property trained. Qualified, certified. FAMILIARIZED andla Icemed las applicable) ADULTS; and (v) otherwise in full compliance with this Convect and al applicable taws, nits end
regulations. a al Imes.
a SAFETY PRECAUTIONS: You wit not, m wil you permit anyone else to abuse. misuse, overuse, conceal, place in storage with any third party, repair, modify or damage any Rented lent YOU ALSO AGREE TO:
(A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED REM (S) ARE SUPERVISED BY A COMPETENT ADULT AT LEAST tit YEARS OF AGE AT ALL TIMES; (B) POST AN OSHA -COMPLIANT
EVACUATION PUN ON OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED REM'S); and (C) EVACUATE, AND permit FP to delay dame, Installation ANDK)R USE of, or dbmamde and/or
rebieve ANY or al rented Items) (without obligating us to do so) U arty hazard ii chsti g setts Imitation, severe weather) ours or threatens.
9. You agree to maintain al insurance FP may require. including at least (a) public and host liquor lability insurance with minimum limits of 41.000,000 per occurrence: (b) property dotage/inland marine instance
coveimg al Rented hams for the ful (new) replacement cost thereof; and (c) workers' cargensation and employers lability insurance. NI such policies shat, to the maximum extent possible: (I) name FP as an additional hired
and loss payee; (7 waive subrogation against FP; (Il be primary and nonnranbibutory; (N) include a severedfny of Interests clause and such other provisions as we may require. You irrevocably appoint Steadfast Event Solutions,
LLC as your agent and atlorneyin-act for purposes of submitting. negotiating and settling china and payments on al sat parties.
10. no warranties: FP IS NOT THE MANUFACTURER OR DESIGNER OF ANY of the REM(S) referenced IN THIS CONTRACT. ALL OF WHICH ARE PROVIDED "AS -IS". NEITHER FP NOR ANY TPO, MAKES
ANY WARRANTYIies), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTYDES) OF MERCHANTABILITY SUITABILITY FRNESS FOR A PARTICULAR PURPOSE FUNCTION, DESIGN, oUALfTY, CAPACITY.
FREEDOM FROM DEFECTS AND/OR CONTAMINATION AND/OR GOOD AND WORKMANLIKE PERFORMANCE. AS WELL AS ANY WARRANTY(les) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) referenced HEREIN. NOR DOES FLEXX PRODUCTIONS OR ANY TPO MAKE ANY WARRANTIES) AGAINST
INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WANE. NO DESCRIPTIONS, SPECIFICATIONS. DEPICTIONS OR AMERTISEktENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY fp, NC. OR
ANY TPO. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
11. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU: (A) ASSUME ALL RISKS. INCLUDING WITHOUT LIMITATION. RISKS) OF PERSONAL and body INJURY,
ILLNESS. LOSS, PROPERTY DAMAGE AND CONTAMINATION OF. T0. ANDIa ARISING W CONNECTION WITH, the ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES,
CLAIMS. DAMAGES, losses, ass and expenses (Inducing attorneys' lees) ARISING from andbr IN CONNECTION WITH THE SELECTION. PROVISION, INSPECTION, DESIGN. MANUFACTURE, USE, LOADING,
UNLOADING, TRANSPORTATION, DELIVERY, SETUP, INSTALLATION, DEINSTALLATION, MALFUNCTION, COLLAPSE. STORAGE, CONTAMINATION, CLEANING, SERVICING, MARREN/14CE, REPAIR, AND/OR
RETRIEVAL them', WHETHER OR NOT YOUR FAULT (collectively, 'risks'); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY; DEFEND AND HOLD HARMLESS, Steadfast Evens Solutions, LLCr EACH
TPO, and their respective owners, shareholders, members. managed. offices. directors. pothers. agents, ail -Slates, employees, Insurers. snbmgees. representatives, suaessas and assigns leach. an inderrvtae'). br. from and
against ail such RISKS, as wel as al otter liabilities, claims, damages, losses, costs and expenses (including without Irritation. attorneys' fees) arising from anma 'n connection with the Rented Item(s). this Contract andlor any
breach hereof by you. you agent, employees, contractors. guests. invitees, sublessees. successors andla assigns: and except only as provided h § 5. (CI WAIVE al rights and remedies available under the Uniform Commercial
Cork. as welt as al dieU• indirect inddentel. oonsequemal. general, spedal, exemplary and punitive damages. against each and every Irdemrdee.
12 You agree to protect. properly maintain and care br each Reined Item al all times• keep t safety and securely stored and locked when not h use, and retum t to Flea Productions on time al the end of the Tema,
complete, dean. fee of contamination burns. sus. lain. discoloration and debris, and h gad andlon. properly seMced and maintained and it applcade. hA of the appropriate hrd, fluids and lubricants. If you pal to do so.
ten in addition to your other obligations arising under this Contract, you w10 pay us: (a) Rent for each succeeding he renal period until al Reed Items) have been returned or repa[ed as rerouted; and (bl al costs and exposes
we incur in connection with such flue Metdso without limitation, all costs of dealing, repairs, maintenance andra replacement(s) afro the Rented Item(s)). Certain Items may be delivered on pallets. or in crates, cartons or
boxes, and may be staU.ed. bagged. racked, fdded. rolled andla strapped (Packed"). Upon ream. you will ensure that all Rented Items are properly Packed. YOU AGREE NOT TO PACK ANY RENTED REM UNLESS R IS
COMPLETELY DRY. 01PROPER PACKING MAY RESULT IN MOLD. MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE .
17. If and only if, we have offered, and you have elected to purchase our Optional UNITED Damage Waives (*LOW) and paid the non-refundable USW Fee se forth on P.1 before to Term ammences, them solely nth
respect to larn(s) covered by LDW ('Covered Items"). your Nabliry for the cast m repair or replace such Covered Items wal be treed as set forth in our Damage Waiver Guide and Addendum, the terns of which you hereby
acknowledge and agree to. You may decline LOW if you provide the property damage I Hand marine insurance referenced h § 9. LDW IS NOT INSURANCE. NOR tS R A WARRANTY.
14. We may: without hurler notice a IabiMy to you. inspect and/or monitor tin person or electronically. including via GPS andlor telematla) any tans) a any time, and all Information obtained we be our property. You
consent b such inspedon(s) and monitoring and wake al Mints with respect thereto. You hereby grant to FP a perpetual, royalty bee, worldwide, right and large to create, edit display. and Bstribute one or more images of your
event(s) that Include one or more Rented 'Moth). If any perfomance required of us is delayed or impaired as a result of any act or mission oflby you, any Other Provider(s) a any 'Ad of God.' event of face maieure, or any other
event fact or circumstance beyond our reasonable coned. we suit be excused from such performance. You waive the benefits d e0 statutes of Imitations regarding our rights and remedy AI ammo) due hereunder but not
limey paid we bear interest at the lesser of (a) 18% per annum: or (b) the highest rate perrniled under applicable law until paid. You authorize us to surni all amounts due and caring due hereunder to any debit a credit cad(s)
you provide. You agree to pay us the maximum awful Marge for any deck you write which is returned unpaid. Our maximum liability in ooenectbn with this Contract is Mated to the Rent we actually receive from you hereunder for
the Item(s) identified on P.1. You we pay a0 sales. use and other axes. as wel as aA lolls, fees, lees. assessments, and other charges related to the Rented Item(s) anndor this Contract. If any legal action is ornamented in
correction herewith. we wil be added to recover from you our associated attorneys' fees, costs and expenses tl we preval. Neither our exercise. m our alure or delay h the exercise, of try MJMS or remedies athlete° ceder cr
in comedion with this Contract we constitute an election or waiver of any of our rights a remedies, al of which are cumulative.
15. Your Rental shall be deemed a 'her rental. Accordingly, you obligation to pay al Rent and other sums corning due under this Control when due and to otherwise perform as required hereunder shall be absolute and
unandtional end shah not be suds:I to any present ce Mure abatement reduction, setoff, amesetion defense, counterclaim, aassdasn, htemmaon, deferment or recoupment for any reason. If you or any guaranty shall:
(a) fail to fully and Wreh/ nom. pay, perform or amply with this Contract, any other agemenl(s) iOther Contralti') between you and FP, andla arty of your obligations arising tted:uder a h connection (1)herewilh: (b)
provide any incorrect or misleading information to us; (c) become insolvent or banlwpt a (0) dle or cease conducting business: t FP shall deem Itself insecure; or if any Rented Iemis) shall be bat or, sinless covered by LOW per
§ 13, damaged. you we be in default under •this Contract and such Other Contract(s). whereupon, we may with or without legal process or notice land without labety to you), b the maximum extent permitted under applicable law:
(i) anal to Term ad/or the subject Contract(s) (and/or your rights to use and possess the Rented Decals)); (i) seek relief from stay; (i) recover, empty, lock, restrict shut down. dsnssanble ad/or disable such dent's) without
being gully or breach. trespass a wrongful interlerence. or lade br any injuries or property damage (for whkh you agree to hdemriy, defend and hold harmless each trdennitee): (ipew your obligations (tyeremader on
your behalf. mddut being throated to do so; (v) purchase replacement tem(s); bit recover hum you andla any guarantor our associated direct and indirect damages, losses, casts and expenses tirdudng without limitation, Rent
fa the entire scheduled Temp, overtime, ions of use, Merest. attorneys' fees, m ievalfrepossession costs, and collection cosh): andlor (vi) pursue any one or more other dohs andor remedies available (thereunder, at law andror
Li equity, all of Mich are cumulative.
16. This Central and any 'Addenda- we provide. (including as applade. our Defivery and Acceptance Certificate. Evacoalim Plan and/or Damage Waiver Guide and Addendum) each of enich is incorporated herein,
constitute(s) the entire agreement between you and FP, superseding al other agreements and representations. The ems of this Contract are severable. If arty provision hereon shall be deemed invalid a unnedartable by any
cat of competent jwsdetlon, such provision we be deleted. and the remainder of this Contract wil remain veld and enforceable. This Contract canon otherwise be modled without err written consent Time is d the essence.
These Terms and Caditys apply to a0 Item(s) Identified on P.1, and to an other items you obtain from us al any time (unless we otherwse agree in writing). This Conrad shat bind and be enforceable by and against you. FP. the
other Indemnitees and their respective pemmited successors end assigns (there being no other third -party beneficiaries hereto). This Contract shall be htapeted and enforced under the laws of Colorado. Al the option of FP.
amulets) with respect b this Contract and/ce is subject matter shal be submitted to bindig arbitration before a singe arbitrator selected by FP at the ogres of the American Arbitration Association located h a nearest to Fon
Collins. CO. Proper venue kx dl other civil legal actions commenced in comedian herewith shah Te surety in the federal, sale and foal courts lasted in or nearest to Urine, County, CO (unless waived by FP). Vol ooraern and
sand thereto and waive al china that such venue hes h an inconvenient forum. EACH PARTY HEREBY WANES RS RIGHT TO TRIAL BY JURY. Digital. electronic, photocopied and acslmted signatures and Odds hereon
will be deemed originals.
17. WARNING: Obtaining. retaining of exercising control over anything of value of another without authorization a by means of threat or
deception, or without the consent of the owner, or knowingly faing to realm said property to the owner a prodder within 72 Ions after the agreed upon time d return may be deemed theft subjecting the violate to CRIMINAL
PROSECUTION AND/OR CIVIL PENALTIES. See C.R.S. §18-4-401. et saat for decals.
Printed On Tue 5/24/2022 I0:73:n 4AM Software by Paintot-Rental Software wmw.poinloteeninicom
Modification #2
Contract-Params.ra (1)
Official Signature Page
Agreement to Terms
I agree that my electronic signature, as represented here, is legally binding. I hereby represent and attest that all contracts,
addenda and documents submitted using my electronic signature have been signed by me, the Customer/Lessee/Guarantor (or
his/her/its duly authorized representative) identified in this Contract. I understand that I am legally bound, obligated, and
responsible by use of my electronic signature as much as I would be by my handwritten signature. I certify that my electronic
signature is for my own use, that I will keep it confidential, and that I have not assigned, licensed, delegated or shared it for use by
any other party(ies). I agree to the electronic storage of this record and understand that viewing it requires a computer with access
to the internet and a modern web browser. I understand that if I withdraw my consent to the electronic storage of this record and
wish to obtain a paper copy, I must request one in person and may be charged a fee. By entering my electronic signature using the
provided interface, I declare that I: 1. have read and understand this Contract; 2. am, or I am authorized to sign this Contract on
behalf of, the Customer/Lessee/Guarantor identified in the Contract; 3. agree to be bound by the terms and conditions of the
Contract; and 4, understand that Point of Rental provides this e -signature service as a convenience and is not a party to the
Contract.
Signature
Weld County
Identified Byjmasarie@weldgov.com
From 204.133.39.9
On 06/06/2022 11:46 AM
RENTAL CONTRACT FOR WELD COUNTY FAIR - FLEXX PRODUCTIONS, LLC
APPROVED AS T SUBSTANCE:
/ ) vv l
cted Official or epartment Head
PPROVED AS TO FU
ING:
of Finan $al officer
APPROVED AS TO FORM:
ounty Attorney
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