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HomeMy WebLinkAboutAgreements/Contracts - BOCC2023 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose ("Agreement") is entered into by and between GRANT COUNTY, ("COUNTY"), and RICARDO GUTIERREZ, a an individual, for this Basin Summer Showdown event. I. Recitals WHEREAS, the COUNTY is duly organized and operating under and by virtue of the State Constitution and the laws of the State of Washington; WHEREAS, RICARDO GUTIERREZ is an individual; WHEREAS, RICARDO GUTIERREZ desires to utilize COUNTY property (courthouse front lawn) for his event, Basin Summer Showdown; WHEREAS, the Board of County Commissioners ("BOCC") have determined that it is desirable to allow the RICARDO GUTIERREZ use of the demised premises, the same commonly known as the Courthouse and immediate surrounding area and having a street address of 3 5 C Street NW, Ephrata, Washington. II. Agreements Based on the foregoing recitals, the parties to this Agreement hereby agree as follows: 1. The COUNTY does hereby allow RICARDO GUTIERREZ to use the demised premises for the limited purpose of the RICARDO GUTIERREZ Basin Summer Showdown event, to be held on Saturday, July 29, 2023 from 8:00 a.m. - 2:00 p.m. 2. RICARDO GUTIERREZ shall, at its own expense, and at all times material herein, use such demised premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Further, at all times material herein, RICARDO GUTIERREZ shall keep such demised premises free from debris, and preserve a standard of cleanliness as established by the COUNTY. 3. RICARDO GUTIERREZ shall indemnify and hold harmless the COUNTY from and against any and all claims, demands, causes of action, suits or judgments including but not limited to, any claims of insurance carriers, the Department of Labor and Industries, the Department of Social and Health Services, and any federal agency, health care provider or governmental taxation agency, (including costs and expenses incurred in connection therewith), for deaths or injuries to persons or for loss of or damage to property arising out of or in connection with the use and/or occupancy of the demised premises by RICARDO GUTIERREZ, its agents, Agreement Regarding Use of County Property for Public Purpose — Page 1 of 3 servants, employees, or invitees and/or RICARDO GUTIERREZ' s failure to comply with any law of any governmental authority. 4. Insurance. Lessee shall procure and maintain in force, without cost or expense to Lessor, on or before the commencement date of this Agreement and throughout the Agreement term or as long as Lessee remains in possession of the Facility, a broad form comprehensive general liability policy of insurance covering bodily injury and property damage, with respect to the use and occupancy of the Facility with liability limits of not less than $1,000,000, per occurrence. Lessor shall be named as additional insured on all such policies, which policies shall in addition provide that they may not be cancelled or modified for any reason without fifteen (15) days prior written notice to Lessor. Lessee shall provide Lessor with a certificate or certificates of such insurance within (10) days of the execution of this Agreement. 5. Neither this Agreement, nor any claim arising hereunder, shall be assignable or delegable by either party in whole or in part. Further, RICARDO GUTIERREZ shall not assign, transfer, pledge, or lease any part of the demised premises. 6. This Agreement shall be governed and interpreted in accordance with the laws of the State of Washington. In the event this Agreement is in conflict with the provisions of any law or statutes governing the subject matter hereof, such law or statute only to the extent of such conflict shall be controlling. FURTHER: If any portion of this Agreement is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. In case of any dispute the prevailing party shall be entitled to an award of costs and reasonable attorney's fees as costs. 7. The failure of the COUNTY to insist on strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that the COUNTY may have and shall not be deemed a waiver of any subsequent breach or default by RICARDO GUTIERREZ concerning any terms and conditions contained in this Agreement. S. No partnership, joint venture or j oint undertaking shall be construed from these presents, and except as herein specifically provided, neither party shall have the right to make any representations for, act on behalf of, or be liable for the debts of the other. Unless otherwise specifically provided herein, no third party is intended to be benefitted by this Agreement. 9. This Agreement contains the entire agreement of the parties hereto and supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither the COUNTY nor RICARDO GUTIERREZ shall be liable to the other for any representations made by any person concerning the demised premises or regarding the terms of this Agreement, except to the extent that the same are expressed in this Agreement. This Agreement may be amended only by written instrument executed by both parties, or their lawful successors and assigns subsequent to the date hereof. Agreement Regarding Use of County Property for Public Purpose — Page 2 of 3 10. The undersigned warrant that they have the sole right and exclusive authority to execute this Agreement. 11. It is understood and agreed that this Agreement has been executed knowingly and voluntarily and that each party to this Agreement has had full opportunity for legal counsel prior to signing the Agreement. Each party to this Agreement agrees and represents that they have had the opportunity to read this Agreement, have had it fully explained to him or her by their counsel, understands and appreciates the foregoing words and terms and their effect, and signs this Agreement voluntarily of their own free will and accord. APPROVED this day of�Ao, j , 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny E. tone, Member A ST: Barbar J. Vasquez 16rk of,.# e Board Approved as to form: rc� , 2023. Rebekah Kaylor � � 3 Chief Civil Deputy Prosecuting Attorney Date: G O GUTIERREZ Agreement Regarding Use of County Property for Public Purpose — Page 3 of 3 ►"�"'' QD �12-'�'' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Eventsured Customer Service Foresite Sports, Inc. DBA: Eventsured PHONE 888-882-5902 FAX No E-MAIL info@eventsured.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 24 S. Newtown Street Road INSURER A: Houston Casualty Company 42374 Newtown Square, PA 19073 INSURED INSURER B: INSURER C: EACH OCCURRENCE $ 1,000,000 ricardo gutierrez INSURER D: INSURER E: 1645 S Turnagain Ct 1 INSURER F: Moses Lake, WA 98837-2421 (;UVtKAUh5 CERTIFICATE NUMBER: TM275785 RFVISI()N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 1,000 CLAIMS -MADE X OCCUR A X Y H22SE00130/TM275785 07/29/2023 07/30/2023 PERSONAL & ADV INJURY $ 1,000,000 12:01 AM 2:01 AM GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO --F LOC DEDUCTIBLE $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT. 1 $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insureds must be venue managers or municipalities and are added with respect to our insuredt operations only. Waiver of Subrogation (WOS) and Primary & Non -Contributory (PNC) wording applies only when coverage is purchased by the insured, required by written contract and as indicated below. This coverage is with respect to the Car Show (Parked) to be held on 07/29/2023 - 07/29/2023 with 250 attendees at Basin Summer Showdown 121 Alder Street SW Ephrata, WA 98823 . Additional Insureds include: Basin Summer Showdown 121 Alder Street SW Ephrata, WA 98823; City of Ephrata; Grant County, WA. CERTIFICATE HOLDER CANCFI_I__ATIM AC:UKU 1:) (LU'I umo) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Basin Summer Showdown THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 121 Alder Street SW ACCORDANCE WITH THE POLICY PROVISIONS. Ephrata WA, 98823 AUTHORIZED REPRESENTATIVE AC:UKU 1:) (LU'I umo) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD