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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)K2 3- 0 8 7 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 (Parking Lot E) 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 Car Show and Shine, Anvthing with Wheels Event, the same to be held on July 15, 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. 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 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. C? 14'� APPROVED this- day of 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNT, WASHINGTON EST: Baf baro J. VasqueX Approved as to form: 2023. k of/the Board Rebekah Kay r, Chief Civil Deputy Prosecuting Attorney Danny E. tone, Member EP TA CHAMBER By�( 1(� L�' Rita Witte, Chair Date: Agreement Regarding Use of County Property for Public Purpose — Page 3 of 3 Namre M t �Ner c oti April 17, 2023 Grant County Commissioners 35 C St. NW Ephrata, W. 98823 RE: Ephrata Chamber of Commerce Car Show and Shine, Anything with Wheels event Grant County Commissioners: The Car Show committee is putting together another exciting event for the 11th annual Car Show and Shine, Anything with Wheels, July 15, 2023 6 am to 3 pm. We will be utilizing "C" street as well as Division as we have done in the past. Permits have been applied or along with Certificate of Insurance. We have in the past requested from Grant County, the use of parking lot E to be available and cleared beginning on Saturday July 15 from 6 am to 3 pm. We are excited to build 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 509-750-6183. Also please see the enclosed site map that has been sent to the City of Ephrata as well. Tha ou, Rita Witte, Director/President Ephrata Chamber of Commerce enclosures Issue Date 5/21/2022 Cert #:0000023925 HENN M Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE ACONTRACT BETWEEN THE ISSUING IN AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. . . . . . . . . . . "-ft - - - - 4# . . . . . !# [.164111 . . . . #f . LIF . RLN . . . . . . . . F# 4 . . . . . . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)[ PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al. Ephrata, WA 98823 PERSONAL & ADV. INJURY $5,000,000 AUTOMOBILE LIABILITY ANNUAL POOL AGGREGATE American Alternative Insurance Corporation, et al. -INSURED PROPERTY American Alternative Insurance Corporation, et al. Ephrata Chamber of Commerce Inc. $5,000,000 (LIABILITY IS SUBJECT TC A $250,000 SIR PAYABLE FROM PROGRAM FUND) MISCELLANEOUS PROFESSIONAL LIABILITY NONE Princeton Excess and Surplus Lines Insurance Company PO Box 275 Ephrata, WA 98823 61112023 ALL RISK PER OCC EXCL EQ & FL .COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFINSURANCE :..POLICY NUMBER POLICY EFF 'POLICY EXP DESKRIPTION LIMITS - DATEDATE. GENERAL LIABILITY COMMERCIAL GENERAL LIA131LITY N1 -A2 -RL -0000013-13 6/1/2022 6/1/2023 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 Ephrata, WA 98823 PERSONAL & ADV. INJURY $5,000,000 (LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO NI -A2 -RL -0000013-13 6/1/2022 6/1/2023 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TC A $250,000 SIR PAYABLE FROM PROGRAM FUND) ANNUAL POOL AGGREGATE NONE �I ilia ERTY NI -A2 -RL -0000013-13 611/2022 61112023 ALL RISK PER OCC EXCL EQ & FL $75,000,000 EARTHQUAKE PER OCC $1,000,000 FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOU$ PROFESSIONAL LiAsILITY N1 -A:3 -RL -0000000-13 6/1/2022 6/112023 PER CLAIM $5,000,000 (LIABILITY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I V.Efflcus I SPECIAL ITEMS Regarding the Car Show. Grant County is named as Additional Insured regarding this event only and is subject to policy terms, conditions, and exclusions. Additional Insured endorsement attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Grant County ....... .. ....... PO Box 37 Ephrata, WA 98823 IN A ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance .Pro gram (NPIP) Policy Number Endorsement Effective NI -A2 -RL -0000013-13 6/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above, Schedule Person or Organization (Additional Insured): As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator Grant County PO Box 37 Ephrata, WA 98823 Regarding the Car Show. Grant County is named as Additional Insured regarding this event only and is subject to policy terms, conditions, and exclusions. Additional Insured endorsement attached. A. With respects to the General Liability Coverage Part only, the definition of Insured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations', or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: I . Written contract or written agreement; or 2. Declarations for this policy, whichever is less, These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc., with its permission