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Home My WebLink AboutAgreements/Contracts - BOCCME K20-073 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. The County reserves the right to utilize Parking Lot A if there is an event scheduled by the City to utilize C Street. In that event, the Ephrata Farmer's Market will be held in Parking Lot A or the lawn area near Parking Lot A. II. 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 27, 2020 and each Saturday, from 9:00 a.m. through 1:00 p.m. through October 31, 2020. 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 Agreement Regarding Use of County Property Property— Page 1 of 3 N:Tivll B\DEPARTMENTS\Commissioners\2019\EphrataFarmer's Market 2020 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 Agreement Regarding Use of County Property Property— Page 1 of 3 NACivil MDEPARTMENTSTommissioners\20 i 9\Ephrata Farmer's Market 2020 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 / g 114 day of , 2020. 40AFR OF COUNTY COMMISSIONERS GR VT CO TY, ASH . GTON TE4ST: Ba bars J. Vasq a lerk the Board Approved as to form: This day of 2020 Kevin J. McCrae Chief Civil Deputy Prosecuting Attorney Agreement Regarding Use of County Property Property— Page 1 of 3 N:\CiviI 8\DEPARTMENTS\Commissioners\2019\Ephratafumer's Market 2020 %,nluy r171"' �A To or, Vice Chair Ri and Stevens, ember EPHRATA FARMERS MARKET ASSOCIATION, INC. N--.Wr , e, , ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MMDD/YWY) 01/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERNTA T Kristina Schrader NAME: Conover Insurance PHONE FAX (509) 547-7960 IC No Ext): (509) 545-3800 AIC, No): (A'C' E-MAIL kristinas@conoverinsurance.com ADDRESS: 1604 West Lewis Street INSURER(S) AFFORDING COVERAGE NAIC M INSURER A: Ohio Casualty Insurance Company Pasco WA 99301 INSURED INSURER B: INSURER C: Ephrata Farmers Market INSURER D: P.O. BOX 188 INSURER E: INSURER F Ephrata WA 98823 rnvooeraGc rFRTIFIrATF NIIMRFR, zU-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LTR TYPE OF INSURANCE INSD XD POLICYNUMBER MM DDYIYWY POLICY EXP MMDDIYYYY LIMITS Ephrata WA 98823 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 15,000 A Y Y BLO57644972 02/24/2020 02/24/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 2,000,000 PRODUCTS-COMP/OP AGG $POLICY PRO JECT LOC POTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Grant County is an additional insured. Form #CG8810 0413 Commercial General Liability Extension with Primary and Non -Contributory -Additional Insured Extension, Additional Insured by Contract, Agreement or Permit and Waiver of Transfer of Rights of Recovery Against Others to Us. Form #CG8860 1208 Each Location General Aggregate Limit with Products -Completed Operations Hazard. reuror I Arrnar V 7Htfif-LU7D AI.VRU I+VRrV RA nv n. nn rrynw rcac�vcu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Grant County PO Box 37 AUTHORIZED REPRESENTATIVE Ephrata WA 98823 V 7Htfif-LU7D AI.VRU I+VRrV RA nv n. nn rrynw rcac�vcu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD