HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)K2 3- 0 8 7
2023 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, 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 property (Parking Lot E) for their
event;
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 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 EPHRATA CHAMBER to use the demised premises for
the limited purpose of the Car Show and Shine, Anvthing with Wheels Event, the same to be
held on July 15, 2023.
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
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,
Agreement Regarding Use of County Property for Public Purpose — Page 1 of 3
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 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.
C? 14'�
APPROVED this- day of 2023.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNT, WASHINGTON
EST:
Baf baro J. VasqueX
Approved as to form:
2023.
k of/the Board
Rebekah Kay r,
Chief Civil Deputy Prosecuting Attorney
Danny E. tone, Member
EP TA CHAMBER
By�( 1(� L�'
Rita Witte, Chair
Date:
Agreement Regarding Use of County Property for Public Purpose — Page 3 of 3
Namre
M t �Ner c
oti
April 17, 2023
Grant County Commissioners
35 C St. NW
Ephrata, W. 98823
RE: Ephrata Chamber of Commerce Car Show and Shine, Anything with Wheels event
Grant County Commissioners:
The Car Show committee is putting together another exciting event for the 11th annual Car Show and Shine,
Anything with Wheels, July 15, 2023 6 am to 3 pm.
We will be utilizing "C" street as well as Division as we have done in the past. Permits have been applied or
along with Certificate of Insurance.
We have in the past requested from Grant County, the use of parking lot E to be available and cleared
beginning on Saturday July 15 from 6 am to 3 pm.
We are excited to build this event and hope to see it continue to grow. With the assistance of Grant County,
we can make this happen.
If you have questions or concerns, please contact me at 509-750-6183.
Also please see the enclosed site map that has been sent to the City of Ephrata as well.
Tha ou,
Rita Witte, Director/President
Ephrata Chamber of Commerce
enclosures
Issue Date 5/21/2022 Cert #:0000023925
HENN M
Non Profit Insurance Program
Certificate of Coverage
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES
NOT AMEND, EXTEND ORALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE ACONTRACT
BETWEEN THE ISSUING IN AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
. . . . . . . . . . "-ft - - - - 4# . . . . . !# [.164111 . . . . #f . LIF . RLN . . . . . . . . F# 4 . . . . . .
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of
the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)[
PRODUCER
COMPANIES AFFORDING COVERAGE
Clear Risk Solutions
GENERAL LIABILITY
451 Diamond Drive
American Alternative Insurance Corporation, et al.
Ephrata, WA 98823
PERSONAL & ADV. INJURY
$5,000,000
AUTOMOBILE LIABILITY
ANNUAL POOL AGGREGATE
American Alternative Insurance Corporation, et al.
-INSURED
PROPERTY
American Alternative Insurance Corporation, et al.
Ephrata Chamber of Commerce Inc.
$5,000,000
(LIABILITY IS SUBJECT TC A $250,000 SIR PAYABLE FROM PROGRAM FUND)
MISCELLANEOUS PROFESSIONAL LIABILITY
NONE
Princeton Excess and Surplus Lines Insurance Company
PO Box 275
Ephrata, WA 98823
61112023 ALL RISK PER OCC EXCL EQ & FL
.COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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.
TYPE OFINSURANCE :..POLICY NUMBER POLICY EFF 'POLICY EXP DESKRIPTION LIMITS
-
DATEDATE.
GENERAL LIABILITY
COMMERCIAL GENERAL LIA131LITY N1 -A2 -RL -0000013-13 6/1/2022 6/1/2023 PER OCCURRENCE $5,000,000
OCCURRENCE FORM
PER MEMBER AGGREGATE
$10,000,000
INCLUDES STOP GAP
PRODUCT-COMP/OP
$5,000,000
Ephrata, WA 98823
PERSONAL & ADV. INJURY
$5,000,000
(LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
$50,000,000
AUTOMOBILE LIABILITY
ANY AUTO NI -A2 -RL -0000013-13 6/1/2022
6/1/2023 COMBINED SINGLE LIMIT
$5,000,000
(LIABILITY IS SUBJECT TC A $250,000 SIR PAYABLE FROM PROGRAM FUND)
ANNUAL POOL AGGREGATE
NONE
�I ilia ERTY
NI -A2 -RL -0000013-13 611/2022
61112023 ALL RISK PER OCC EXCL EQ & FL
$75,000,000
EARTHQUAKE PER OCC $1,000,000
FLOOD PER OCC Excluded
(PROPERTY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE
MISCELLANEOU$ PROFESSIONAL LiAsILITY
N1 -A:3 -RL -0000000-13 6/1/2022 6/112023 PER CLAIM $5,000,000
(LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I V.Efflcus I SPECIAL ITEMS
Regarding the Car Show. Grant County is named as Additional Insured regarding this event only and is subject to policy terms, conditions, and exclusions. Additional
Insured endorsement attached.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
WITH THE POLICY PROVISIONS.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
Grant County
....... .. .......
PO Box 37
Ephrata, WA 98823
IN
A
ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
(GENERAL LIABILITY)
Named Insured
Non Profit Insurance .Pro gram (NPIP)
Policy Number
Endorsement Effective
NI -A2 -RL -0000013-13
6/1/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above,
Schedule
Person or Organization (Additional Insured): As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator
Grant County
PO Box 37
Ephrata, WA 98823
Regarding the Car Show. Grant County is named as Additional Insured regarding this event only and is subject to
policy terms, conditions, and exclusions. Additional Insured endorsement attached.
A. With respects to the General Liability Coverage Part only, the definition of Insured in the Liability Conditions, Definitions and Exclusions
section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or
Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury
caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
1. In performance of your ongoing operations', or
2. In connection with your premises owned or rented to you.
B. The Limits of Insurance applicable to the additional Insured are those specified in either the:
I . Written contract or written agreement; or
2. Declarations for this policy,
whichever is less, These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations.
All other terms and conditions remain unchanged.
Includes copyrighted material of the Insurance Services Office, Inc., with its permission