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Home My WebLink AboutAgreements/Contracts - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC REQUEST suaMrrrED BY:Barbara Vasquez CONTACT PERSON ATTENDING ROUNDTABLE: Barbara Vasquez CONFIDENTIAL INFORMATION: DYES 0 NO oATE:5/23/2024 PHONE: / / i Sweets LLC, as part of the Grant County Museums annual Living Museum Event taking Place June 8, 2024 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? Fm -1 YES ❑ NO ❑ N/A DATE OF ACTION: a Z APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: WE / • • N / / i Sweets LLC, as part of the Grant County Museums annual Living Museum Event taking Place June 8, 2024 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? Fm -1 YES ❑ NO ❑ N/A DATE OF ACTION: a Z APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: K24-139 2024 AGREEMENT REGARDING USE OF COUNTY PROPERTY FOR PUBLIC PURPOSE This Agreement Regarding Use of County Property for a Public Purpose ("Agreement")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 STREET SWEETS LLC, duly formed and operating in the State of Washington, ("STREET SWEETS LLC"). 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, STREET SWEETS LLC is a business, duly organized and operating in the State of Washington; WHEREAS, STREET SWEETS LLC desires to utilize COUNTY property (Grant County Museum) for their event; WHEREAS, the Board of County Commissioners ("BOCC") have determined that it is desirable to allow the STREET SWEETS LLC use of the demised premises, the same commonly known as the Grant County Museum and immediate surrounding area and having a street address of 742 Basin 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 STREET SWEETS LLC to use the demised premises for the limited purpose of the Grant County Museum — Living Museum event, the same to be held on June 8, 2024. 2. STREET SWEETS LLC 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, STREET SWEETS LLC shall keep such demised premises free from debris,and preserve a standard of cleanliness as established by the COUNTY. 3. STREET SWEETS LLC 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 STREET SWEETS LLC, its agents, N:\00 Contracts and Agreements\Museum - Living Museum - Street Sweets LLC 06082024.doc— Page 1 of 3 servants, employees or invitees and/or STREET SWEETS LLC'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, STREET SWEETS LLC 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 STREET SWEETS LLC 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 STREET SWEETS LLC 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. NA00 Contracts and Agreements\1\4useum - Living Museum - Street Sweets LLC 06082024.doc— 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 Z� day of , 2024. BOARD OF COUNTY COMMISSIONERS ATT: " Ba tsar J. Vasquez, Fof the oard q � Approved as to form: 2024. t r Prosecuting Attorney a OUNASHINGTON (1) ka Cindy Cartkr,Chair STREET SWEETS LLC By Tiffany M 9. NA00 Contracts and Agreements\1\4useum - Living Museum - Street Sweets LLC 06082024.doc— Page 3 of 3 Brittany E. Lutz From: Barbara Vasquez Sent: Friday, May 24, 2024 8:20 AM To: Brittany E. Lutz; Rebekah M. Kaylor Subject: Fwd: Living Museum Vendors 6/8/24 Get Outlook for iOS From: grantcomuseum <grantcomuseum@mail.com> Sent: Thursday, May 23, 202411:47:45 AM To: Barbara Vasquez <bvasquez@grantcountywa.gov> Subject: Living Museum Vendors 6/8/24 Barbara Vasquez for Prosecuting Attorney I, John Carranco, Director of the Grant County Historical Society and Museum, Ephrata Washington, am requesting to sub -lease County property to vendors to take part in our Annual Living Museum Celebration on June 8, 2024. Vendors Include: Sweet Streets Ice Cream --Tiffany, Owner -509-906-1465 Amy's Artistic Expressions --Amy, Owner -209-764-5373 Columbia Basin Carriage Club --Linda, Secretary -509-350-9100 American Legion --Food Service -Mike Montaney-509-989-4417 Email Sent on 5/23/2024 Thank you , John Carranco 509-754-3334 (Cell)