Loading...
HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)K19-058 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 SAGE'N' SUN, INC., a non-profit corporation duly formed and operating in the State of Washington, ("SAGE 'N' SUN"). 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, SAGE 'N'SUN is a non-profit corporation, duly organized and operating in the State of Washington; WHEREAS, SAGE 'N' SUN conducts an annual recreational event, and it is the desire of SAGE 'N' SUN to utilize COUNTY property and buildings ("demised premises") during such annual recreational event; WHEREAS, the Board of County Commissioners ("BOCC"), have determined that it is desirable to allow the SAGE 'N' SUN annual recreational event to be held on a portion 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. Based on the foregoing recitals, the parties to this Agreement hereby agree as follows: 1. The COUNTY does hereby allow SAGE 'N' SUN to use the demised premises for the limited purpose of the SAGE 'N' SUN recreational event, the same to be held on Thursday, June 6, 2019 through Sunday, June 9,2019. PROVIDED: (a) Advance coordination must take place between Sage 'N' Sun event planners and Kevin Schmidt of Grant County Facilities & Maintenance (754-2011 ext. 3272) and Undersheriff Ryan Rectenwald (754-2011 ext. 2017), who is spearheading the Chief for a Day event. (b) Dates/times — Must coordinate as indicated above; also: (1) Chief for a Day takes place on Thursday, June 6t' and the stage must be completed that day before 12:00 noon. No vendors will be allowed on the premises prior to or during Chief for a Day. The time vendors can begin accessing the premises after the Chief for a Day event will be at the time that is pre -arranged with and approved by Undersheriff Rectenwald. Agreement Regarding Use of County Property for Public Purpose — Page 1 of 4 Civil 8\departments\commissioner\2019\Sage n Sun 2019 (2) Set up can begin Thursday, June 61 at 7:00 a.m. and tear down must be complete by Sunday, June 91h at 5:00 p.m. (3) Sound system testing will not begin until 4:30 p.m. on Friday, June 7`n (4) Music testing will not begin until close of business on Friday, June 7th at 5:00 p.m. (c) Facilities access — Sage 'N' Sun event access will encompass the use of: (1) The Courthouse lawn area; (2) The water system; (3) The electrical under the stairs (Note: should 3-phase power be required, use Parking Lot A on the Courthouse facility map. The map is located on the County's website). Grant County does not have this power equipment, so Sage 'N' Sun event planners would need to bring in its own 3-phase power equipment; (4) The locking storage room underneath the Courthouse main entry stairs (a key will be checked out through Facilities & Maintenance which must be returned the following Monday); (5) All debris, garbage, spills, etc. resulting from the Sage 'N' Sun Family Festival event must be cleaned and/or removed from the premises by 5:00 p.m., Sunday, June 9". (d) Restrictions (1) No pools allowed. Any type of swimming pool or water -trough type apparatus is prohibited on the Courthouse lawns. Efforts to reduce damage to the lawns must be taken by Sage 'N' Sun event coordinators when considering the desires/set-up of vendors. (2) No banners, signs, anchor ropes, etc. affixed to Courthouse structure. Grant County no longer permits anyone to hang or attach any banners, signs, parachutes, anchor ropes, etc. to the pillars or Courthouse structure. This is to protect the work completed on the historical rehabilitation. 2. SAGE 'N' SUN 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, SAGE 'N' SUN shall keep such demised premises free from debris, and preserve a standard of cleanliness as established by the COUNTY. 3. SAGE'N' SUN 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 Agreement Regarding Use of County Property for Public Purpose — Page 2 of 4 Civil B\depanmentslcom issioner12019\Sage n Sun 2019 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 SAGE 'N' SUN, its agents, servants, employees or invitees and/or SAGE 'N' SUN's failure to comply with any law of any governmental authority. 4. Neither this Agreement, nor any claim arising hereunder, shall be assignable or delegable by either party in whole or in part. Further, SAGE 'N' SUN shall not assign, transfer, pledge, or lease any part of the demised premises. 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. 6. 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 SAGE 'N' SUN concerning any terms and conditions contained in this Agreement. 7. No partnership, joint venture or joint 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. 8. 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 SAGE 'N' SUN 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. 9. The undersigned warrant that they have the sole right and exclusive authority to execute this Agreement. 10.1t 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. Agreement Regarding Use of County Property for Public Purpose — Page 3 of 4 Civil 8\departmmnts\commissionerl2019\Sage n Sun 2019 APPROVED thisj, ay of 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Tom Taylor, Ch ir -C�- uk&Lo� Cin Carter, Vic -Chair Richard Stevens, Member 2019. Kevin 0. McCrae Deputy Prosecuting Attorney SAGE 'N' SUN FESTIVAL, INC By Cj vl John Cole, President Agreement Regarding Use of County Property for Public Purpose — Page 4 of 4 Civil 8\departments\wmminioner\2019\Sege n Sun 2019