HomeMy WebLinkAboutAgreements/Contracts - BOCC3
2021 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;
t
WHEREAS, EPHRATA CHAMBER desires to utilize COUNTY Parking Lot',V` ("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 17, 2021 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 3
Civll 8\departments\commissioner\2021\Show & Shine 2021
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, abroad 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 b
g g Y
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 ofthis Agreement is declared invalid
or unenforceable, the remaining provisions shall remain in full force and effect. In caseof
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 b
EPHRATA CHAMBER concerning any terms and conditions contained inthis 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 ofthe parties hereto and supersedes all oftheir
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 3
Civi18\<lepnrtmonts\commissioner\2021\Show & Shine 2021