HomeMy WebLinkAboutAgreements/Contracts - BOCCK23-086
2023 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, 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;
WHEREAS, EPHRATA CHAMBER desires to utilize COUNTY property (courthouse front lawn)
for their event; ,
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 3 5 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 Sage n Sun event, the same to be held on Friday and Saturday,
June 9 - 10, 2023.
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
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,
Agreement Regarding Use of County Property for Public Purpose — Page 1 of 3
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, 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, 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 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.
%. 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
EPHRATA CHAMBER 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 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 may be amended only by written instrument executed by both parties, or their
lawful successors and assigns subsequent to the date hereof.
Agreement Regarding Use of County Property for Public Purpose — 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 day of , 2023.
BOARD OF COUNTY COMMISSIONERS
AT ST:
r je"
Bar' ara J. Vas uezCl kof t oard
Approved as to form:
2023.
Rebekah Ka or,
Chief Civil Deputy Prosecuting Attorney
GRANT COUNTY, WAS-KINGTON
Rob J
Cindy Carter, mice -Chair
m
Danny E. tone, Member
EPHRATA CHAMBER
B?,,,I�,
y.
Rita Witte, Chair
Date:
Agreement Regarding Use of County Property for Public Purpose — Page 3 of 3
h c7, mbn r f
0 nrnerce
C! o n
April 15, 2023
Grant County Commissioners
35 C St. NW
Ephrata, WA 98823
RE: Ephrata Chamber of Commerce Sage -N -Sun 111th Festival
Grant County Commissioners:
The Sage -N -Sun Festival committeeis putting together another exciting event for the 111th Festival. Lest year
we began with a Tribute Band to Creedence Clearwater Revival which was a huge success. This year we are
bringing in a Tribute Band to Aerosmith as our Saturday night entertainment. The Wenatchee Youth Circus
will join us again as last year they were so well received.
We will be utilizing "C"' street as well as Division as we have done in: the past. The Beer Garden will again be
on Division and C streets. Permits have been applied for through both the City and Liquor Board,
We have in the past requested the use of the surrounding parking lots around the courthouse on the south
side for the Wenatchee Youth Circus and north side for entertainment along with lots E & F to be available
beginning on Friday the 9th.
We would also like to use the Courthouse power between the hours of 6 am to 11:30 pm on Friday June 9 and
from 8 am to midnight June 10.
We are excited tobuild this event and hope to see it continue to grow. With the assistance of Grant County,
we can make this happen.
If you have questions or concerns, please contact me at 509-750-6181
Also please see the enclosed site map that has been sent to the City of Ephrata, Liquor Board and Bureau of
Reclamation.
. Voul
Rit � kit'.\Dt: ectorlPres ent
Ephrata Chamber of Commerce
enclosures
June 9-10, 2023 Sage -N- Sun Festival
Fact Sheet for Ephrata Chamber of Commerce Sage -N -Sun
June 9., 2023 Street Closures 6 am to 11 am June 11, 2023
Close "C" St. from I" SW to Is'
Close Division St. from Basin to T" St,
Close Alleys on Division from Basin to D St.
June 9, Vendors set up as well as Vip Productions for stage, lighting and sound
3 PM Start of Festival
Beer Garden, opens
5 pm Music begins
Ilpm Closed for evening
June jWh
11 am Parade
12 pm Festival opens
Beer Garden opens
Wenatchee Youth Circus performs
3 prn Wenatchee Youth 'Circus performs
5 pm Music
11 Prn Beginning of teardown and cleanup
We are asking our local merchants to participate by having sidewalk sales and food as well.
Questions or concerns contact Rita
Contacts:
Rita Witte 750-6183
Kerry Moser 750-9530
Susy Anderson 398-1812 parade coordinator
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Bureau of Reclamation
Washington State
�, �� Liquor and Cannabis Board
Licensing and Regulation
PO Box 43085
Olympia WA 98504-3085
Phone (360),664-1600
Fax.- (360) 753-2710
For Office Use Only
License No.:
Date: / I
Amount Ree'd, $
Initials:
11
Application for Special Occasion License for a Nonprofit Society or Organization
A Special Occasion License allows a nonprofit society or organization to sell spirits, beer, and wine by the individual
serving for on -premises consumption at a specified event. You may request to sell spirits, beer and wine in original,
unopened containers for off -premises consumption 'in combination with this privilege. For more information about Special
Occasion Licenses, please visit our FAQ
Alic a t
I must be submifted at least 46 days before the event. The Liquor and Cannabis Board may not be able
R Q
to process your application *n, time for your event if you do not. apply at least, 45 days before: the event.
The fee for each Special 0008SIron License is. $60.00 per day, per alcohol service area. Special Occasion License
holders are limited to 12 single -day events per calendar year.
zarion tnTormaEion
Society or OrganizatloWs Name:
(as ft appears ori your tax doouments) -Ephrata Chamber of Commerce,
112 Basin St. SW Ephrata WA — - 98823 Grant
Organisation's Street Address city State Zip Code County
Organization's 9 -digit U #, or Tax I 601132883 Previous Special Occasion license number: 363196
Nonprofit Contact Name,
(must be at least 21 yrs old) Rita Witte
Date of Birth: 011,2.8/119,54 (mmldd/yyyy) Email*. ephratawachamberQgrnailxom
*Approved special occasion license will be emailed to this address
Phone No...- (509) 754-4656 Ddvee*s License 53690273B
2. Event Information
Name of Event: Saa-e-N-Sun Festival
Describe the nature of the event: Annual music/entertainmentIvendor festival with an outdoor beer garden
i.e. Fundraiser., Beer Garden, Dinner Box/Swag Pick-up
,auction)
Do you intend to sell spirits, beer, and/or wine for off -premises consumption: Yes $ 'No
if, will the auction be-,. 'in-person silent in -person live
-A
Do you intend to auction alcohol?:P, Yes No
select all that apply)
Intersection of Division and C St., Ephrata WA Adjacent to the Grant
Name of premises where event will be held: County Courthouse 35 C St. NW, Ephrata
Address: Street intersections of Division and C St.. will be blocked off. This will be held in the street
CRY.,
State:
Inside City Limits? M Yes tj No
County:
On Tribal land" 0.1 Yes No.
5000 -
Zip Code:
On Port. Authority land? Yes 01 leo
Estimated number of people attending the event: 7000 Estimated number of attendees under age 21: 2000
Date(s) alcohol will be Time(s) alcohol will START being sold Time(s) alcohol will STOP being sold*
sold A.M
06/09/2023 4 P.M. 11 A.M.
P. W
06/1012023 12 A.M. P. M, A. M. P.M.
* tCohot may not be consumed after 2:00 AM
If you have more than two event dates, please attach a list of all additional dates and times along with this application.
3. Outdoor Alcohol Service
When alcohol is served outdoors, it must be served in an enclosed area.
Will alcohol be served outdoors? Yes No — if no, proceed to Section 4
If yes, attach a site map clearly indicating alcohol service areas. CLICK HERE for site map examples and instructions.
If yes, are you asking that minors be allowed in the enclosed service area? 0 Yes $ No
If yes, this application will take 60 days to process and you must attach a completedl Dl.;ccitaOro
Ame I Occajion All
&es OutdoorEvent Addendum.
4. venues. AKirin g Authon"zation
Is the event being held on church or school property, a military facility., or a liquor licensed premises*? Yes No
If yes, have an appropriate official or manager from the venue sign the below authorizations.
-- ----- - ---------- -- - -------------------- -------------- -------- - --------- - ------------------------- - ------- --- ---------- -
I am an official or manager of the venue and I authorize the sale of liquor at. this event.
Name Title Phone Number
i.
signature Date
*The liquor from a liquor licensed premises where a special occasion event is being held is specifically prohibited from
the event area during the event
5. Wineries,, Breweries,. Distilleries,, and Spirsifts Distributors
Are you receiving donated alcohol from a. winery, brewery, distillery, or spirits distributor? Yes No
If yes, from who?
II
If yes, please attach a copy of your 6011(c)(3) or (6) determination letter with, this application. Only certified
501(c)(3) and (6) organizations registered by the IRS may, receive -donated product from a winery', brewery, distillery, or
spirits distributor. Visit ourFA Paq
9 e for more information about donations.
Are any wineries, breweries, or distilleries going to be present at your event? Yes a No
If yes, name(s) of participating winery, brewery or distillery:.
----------
It is illegal for a third party (e.g. a prornoter) torun an event on your behalf in exchange. for a percentage of the profits.
Allowing a third party to receive part of the proceeds may prevent your nonprofit from obtaining Special Occasion
Licenses. Misrepresentation of facts may also be cause for denial (RCW 66.24.010).
I affirm and understand that all proceeds from alcohol sales at this event will only be retained by the non-profit
oroanization submitting this aoolication.
The fee for each Special Occasion License is $60.00 per day, per alcohol service area. Special Occasion License
holders are limited to 12 single -day events per calendar year.
9
Mail your, completed application and check madepayable to WSLGB to, Or overnight to:
WSLB WSLCB
PO Box 43085 1025 Union Ave BE
Olympia, WA 98504-3085 Olympia, WA 98501-1539
I certify that all of the information provided in this application is true and correct.
K4
re of fi-onprofit 0 noa ion member
t � �
Print Name
Date
*41
Remember to attach:
Payment payable to WSLCI3
A site map, if you are serving alcohol outdoors
The Special Occasion All Ages Outdoor Event Addendum, if you are requesting minors have access to the enclosed
sennce area at an outdoor event
A copy of your 501 (c)(3) or (6) determination letter, if you are receiving donated product from a winery, brewery,
distillery, or spirits distributor.
LJO 265 rev 3/23