HomeMy WebLinkAboutAgreements/Contracts - BOCC (003)K 19-060 5
AGREEMENT REGARDING USE
OF COUNTY PROPERTY
This Agreement ("Agreement") Regarding Use of County Property is entered into by and
between Grant County, ("COUNTY"), and Ephrata Farmers Market Association, Inc., a Washington
non-profit corporation ("EFMA").
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; and
WHEREAS, EFMA desires to conduct a weekly event entitled "Ephrata Farmers Market", and it is
the desire of EFMA to utilize COUNTY property and/or buildings ("demised premises") during such
event; and
WHEREAS, community events appeal to local citizens and tourists; and
WHEREAS, the Board of County Commissioners ("BOCC"), have determined that it is desirable to
allow EFMA to utilize 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. On Saturday June 7th and Saturday July 201h the Ephrata Farmer's Market
will be held in Parking Lot A or the lawn area near Parking Lot A.
H. Agreements
Based on the foregoing recitals, the parties to this Agreement hereby agree as follows:
1. The COUNTY does hereby allow EFMA to use the restroom facilities for purposes limited
and collateral to the Ephrata Farmers Market, the same to be held beginning Saturday, June
1, 2019 and each Saturday, from 9:00 a.m. through 1:00 p.m. through October 26, 2019.
All other uses are expressly prohibited without the prior written consent of the COUNTY.
2. EFMA shall, at all times material herein, use such demised premises in accordance with
applicable laws, ordinances, rules, regulations and requirements of governmental authorities.
3. EFMA 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
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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 EFMA its agents, servants, employees
or invitees and/or EFMA' failure to comply with any law of any governmental authority.
4. EFMA shall procure and maintain, for the duration of this Agreement, comprehensive
general liability of not less $1,000,000.00 per occurrence. Such policy shall provide that is
not be cancelled, materially changed, or renewed without prior approval of the COUNTY.
EFMA shall provide a certificate evidencing such coverage and identifying the COUNTY, its
appointed and elected officials, agents and employees, as express third party beneficiaries
and/or as an additional insured regarding such insurance policy as obtained by EFMA.
PROVIDED: Any insurance, self-insurance, or insurance pool coverage maintained by the
COUNTY shall be excess of EFMA' insurance and not contribute with it.
5. Neither this Agreement, nor any claim arising hereunder, shall be assignable or delegable by
either party in whole or in part. Further, EFMA 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 EFMA
concerning any terms and conditions contained in this Agreement.
8. 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.
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 EFMA 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
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amended only by written instrument executed by both parties, or their lawful successors and
assigns subsequent to the date hereof.
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 2 2 Moday of , 2019.
A TEST:
B rb�JWsque r o e Board
Approved as to form: r
This -1 day of / I , 2019
Kevin J. c 'rae
Civil Deputy Prosecuting Attorney
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BOARD OF COUNTY COMMISSIONERS
GRANT ASHINGTON
Tom Taylor, Chair
je:IL GU'k'0(
Cindy Carter, Vice mohair
Richard Stevens, Member
EPHRATA FARMERS MARKET
ASSOCIATION, INC.
By: Cak��
Nicole Meaney, C mmi air