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HomeMy WebLinkAboutAgreements/Contracts - BOCCK19.066 �7f ; 2019 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 EPHRATA CHAMBER OF COMMERCE CAR & TOY SHOW AND SHINE, a non-profit corporation duly formed and operating in the State of Washington, ("EPHRATA CHAMBER"). 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, EPHRATA CHAMBER is a non-profit corporation, duly organized and operating in the State of Washington; WHEREAS, EPHRATA CHAMBER desires to utilize COUNTY Parking Lot "F" ("demised premises") during this year's SHOW & SHINE event for overflow parking; WHEREAS, the Board of County Commissioners ("BOCC") have determined that it is desirable to allow the EPHRATA CHAMBER use of the demised premises, the same commonly known as the Courthouse and immediate surrounding area, and having a street address of 35 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 EPHRATA CHAMBER to use the demised premises for the limited purpose of the EPHRATA CHAMBER event, the same to be held on Saturday, July 20, 2019 from 6:00 a.m. to 3:00 p.m. 2. EPHRATA CHAMBER 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, EPHRATA CHAMBER shall keep such demised premises free from debris, and preserve a standard of cleanliness as established by the COUNTY. 3. EPHRATA CHAMBER 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 Agreement Regarding Use of County Property for Public Purpose — Page 1 of 4 Civil 8\departments\commissioner\2018\Show & Shine 2018 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 EPHRATA CHAMBER, its agents, servants, employees or invitees and/or EPHRATA CHAMBER'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, EPHRATA CHAMBER 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 EPHRATA CHAMBER concerning any terms and conditions contained in this Agreement. 8. 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 EPHRATA CHAMBER 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 Regarding Use of County Property for Public Purpose — Page 2 of 4 Civil 8\departments\commissioner\2018\Show & Shine 2018 Agreement may be amended only by written instrument executed by both parties, or their lawful successors and assigns subsequent to the date hereof. 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 parry 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 14 Tff day of, 2019. OARD OF COUNTY COMMISSIONERS EST: v. Z., B J. Vasquez, , le ,of th oard Approved as to form: �+ q i6 / .2019 / y ---— K in J. McCrae WSBA 4:43087 Civil Deputy Prosecuting Attorney C;R ATJT C OT WTV W A RNWCirTCIN Richard Stevens, Member EPHRATA CHAMBER OF COMMERCE CAR & TOY SHOW AND SHINE Agreement Regarding Use of County Property for Public Purpose — Page 3 of 4 Civil 8\departments\commissioner\2018\Show & Shine 2018 By Rita Witte, Chair Agreement Regarding Use of County Property for Public Purpose — Page 4 of 4 Civil fi Shine 2018 ,