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Home My WebLink AboutAgreements/Contracts - FairgroundsWSU Contract No. 28762 K19-206 .44 MASTER FACILITIES USE RENTAL AGREEMENT A. PARTIES This Master Facilities Use Agreement ("AGREEMENT") is made and entered into between Washington State University, an institution of higher education and agency of the State of Washington, by and through WSU Extension and 4-H Youth Development ("RENTER"), and Grant County Fairgrounds, a county entity, whose address is 3953 Airway Drive NE, Moses Lake, WA 98837 ("OWNER") B. RENTAL PREMISES Under this AGREEMENT, OWNER will rent to RENTER the following described premises ("PREMISES"): 4-H building, barns, and former Emergency Management building space as scheduled by RENTER with the Fairgrounds Event Coordinator and/or Director. C. CONSIDERATION There shall be monetary consideration charged for RENTER's use of the PREMISES. The parties' consideration also includes the mutual promises and covenants contained herein, the receipt and sufficiency of which the parties hereby acknowledge. D. DURATION OF AGREEMENT This AGREEMENT shall be effective December 1, 2019 and shall continue through December 1, 2022 ("INITIAL TERM"), unless terminated earlier as provided for herein. At the expiration of the INITIAL TERM, this AGREEMENT may be extended for additional terms of one (1) year upon the mutual written consent of the parties ("RENEWAL TERM"). Either party may terminate this AGREEMENT during the INITIAL TERM or any RENEWAL TERM with not less than thirty (30) days prior written notice to the other party. E. PURPOSE RENTER will use the PREMISES only as provided for the following purpose: In support of 4- H or FFA activities. RENTER shall not assign or sublet the premises without OWNER's prior written consent. F. MAINTAINING THE PREMISES RENTER shall maintain the PREMISES in the same manner Renter found the PREMISES, reasonable wear and tear excepted. If Renter damages the PREMISES and OWNER must WSU Contract No. 28762 expend funds to restore PREMISES to its previous condition, RENTER agrees to pay the reasonable costs of such repair. G. INSURANCE RENTER and RENTER'S officers, employees, and agents, while acting in good faith within the scope of their official duties, are covered by the State of Washington Self -Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against RENTER and its officers, employees, and agents in the good faith performance of their official duties under this AGREEMENT will be paid from the tort claims liability account as provided in RCW 4.92.130. RENTER shall furnish a current certificate of insurance evidencing the foregoing policy of self-insurance, and agrees to name as an additional insured on such policy OWNER and OWNER'S officers, employees, and agents. H. DUTIES OF OWNER OWNER agrees to do the following under this AGREEMENT: Provide use of the PREMISES to RENTER for the duration of this AGREEMENT during agreed upon dates and times. 2. Inspect the PREMISES on a periodic basis to ensure continued suitability for use. DUTIES OF RENTER 1. Clean up and clear the PREMISES after each use, and maintain the premises in its present condition during use, normal wear and tear excepted. 2. Comply with all applicable laws, statutes, and regulations, and OWNER policies, in RENTER's use of the PREMISES. 3. RENTER shall be responsible for provision and set-up of any equipment required by RENTER during RENTER's use of the PREMISES. SPECIFIC USE AGREEMENTS Attached to this AGREEMENT, as Exhibit A, is a template Addendum ("ADDENDUM") for individual facilities use and rental events. The parties will use this ADDENDUM to document specific rental agreements made under the general terms of this AGREEMENT. The template ADDENDUM will establish: (1) the specific building/space rented; (2) the specific time/date of rental; and (3) the OWNER's charge for rental. The parties may, during the life of this AGREEMENT, enter into specific rental and/or facilities use agreements which are not covered by the general terms of this AGREEMENT. Provided however, when the parties document a rental agreement by executing the template Grant County / WSU Master Facilities Use Rental Agreement Page 2 of 4 WSU Contract No. 28762 ADDENDUM attached to this AGREEMENT, the parties acknowledge and agree that the terms and conditions of this AGREEMENT to apply to their specific rental agreement. K. Payment RENTER's payment for specific rental charges shall be due within 30 days after receipt of a final invoice, after the specific rental event. In accordance with official Washington State University policy, RENTER may not prepay OWNER's rental charges. L. HOLD HARMLESS To the fullest extent permitted RENTER's Self -Insurance coverage, and the Tort Claims Act (RCW 4.92.060 et seq.), RENTER shall indemnify and hold harmless, and waive any and all claims against OWNER, and OWNER's officers, employees, and agents from and against any and all liability for injury or damage to persons or property resulting from or arising out of the negligent acts or omissions of RENTER or RENTER's officers, employees, or agents in the performance of its obligations under this AGREEMENT. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, and waive any and all claims against RENTER, and RENTER's officers, employees, and agents from and against any and all liability for injury or damage to persons or property resulting from or arising out of the negligent acts or omissions of OWNER or OWNER's officers, employees or agents in the performance of its obligations under this AGREEMENT. M. APPLICABLE LAWS This AGREEMENT shall be governed by and construed in accordance with the laws of the state of Washington. N. DISPUTE RESOLUTION In the event that a dispute arises under this AGREEMENT that cannot be resolved by the parties, the parties agree to allow the dispute to be resolved by a Dispute Panel in the following manner: each party to this AGREEMENT shall appoint one member to the Dispute Panel, and the members so appointed shall jointly appoint a third member. The Dispute Panel shall review the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Panel shall be final and binding on the parties hereto. The parties shall share equally the cost, if any, to the parties for the services of the Dispute Panel. O. NOTICES All notices required to be given under this AGREEMENT shall be delivered to the following individuals: OWNER IRENTER Grant County / WSU Master Facilities Use Rental Agreement Page 3 of 4 WSU Contract No. 28762 Jill HammondI WASHINGTON STATE UNIVERSITY Administrative Services Coordinator GRANT -ADAMS EXTENSION BOARD OF COUNTY COMMISSIONERS 1525 E. Wheeler Road PO Box 37 Moses Lake, WA 98837 Ephrata WA 98823 EACH INDIVIDUAL WHO SIGNS THIS DOCUMENT BELOW agrees that he/she has read this AGREEMENT, understands it and voluntarily agrees to its terms, and possesses the requisite authority to represent and legally bind the party on whose behalf he/she signs. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON TOM TAYLOR, C AIR ffx(�USeCl CINDY CARTER VICE -CHAIR RICHARD STEVENS, MEMBER ATTR thi day of L, , 2019: r� ARBAAA J. ASQUEZ Clerk of the Board WASHINGTON STATE UNIVERSITY Recommended by State 4-H Office NAME: Title: Date: Approved by NAME: ather Davison Title: Contracts and Real Estate Associate Manager Date: 11/26/2019 Grant County / WSU Master Facilities Use Rental Agreement Page 4 of 4 Exhibit A WSU Contract No. 28762 Addendum #_ Grant County Fairgrounds 3953 Airway Dr NE Moses lake WA 98837-1029 (509) 765-3581 Fax: (509) 766-7940 www.xcfai rerounds.coin xt a ntcou ntyfa irg►•ou ndsaco.gt a n t.wa.us FACILITIES USE AND RENTAL AGREEMENT Agreement Number: (To be assigned by fairgrounds staff) Event Name: Event Date: Lessee: Washington State University, by and through its Grant County Extension Lessor: Grant County Fairgrounds/ Grant County Location(s): Rental Time: Rental Charge: The general terms and conditions of this specific rental agreement are established by the parties' Master Agreement. Signature: Applicant/ Lessee Date: Contact Information Phone #: Fax #: Signature: Fairgrounds Director Date: Contact Information 3953 Airway Drive Moses Lake WA 98837 Phone #: (509) 765-3581 Fax #: (509) 766-7940 Grant County Fiargounds • Cai1 StFair & Fairgmur&\-'01 i\Fxility Use and Rmul Policies 10.16.15 Page 1