HomeMy WebLinkAboutAgreements/Contracts - BOCCK19-125 4,(, 61
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 THE AMERICAN LEGION,
ART SEMRO POST 28 AND AMERICAN LEGION AUXILLARY ART SEMRO UNIT 28!1 non-
profit corporations duly formed and operating in the State of Washington, "AMERICAN LEGION,'
hereafter ("TAL POST 28 & ALA UNIT 28").
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,, TAL POST 28 & ALA UNIT 28 are non-profit corporations, duly organized and
operating in the State of Washington;
WHEREAS,, TAL POST 28 & ALA UNIT 28 conducts an annual Patriot Day event, and it is the
desire of TAL POST 28 & ALA UNIT 28 to utilize COUNTY property and buildings ("demised
premises") during such annual Patriot Day event;
WHEREAS, the Board of County Commissioners ("BOCC"), have determined that it is desirable to
allow the TAL POST 28 & ALA UNIT 28 annual Patriot Day 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.
II. Atireements
Based on the foregoing recitals, the parties to this Agreement hereby agree as follows:
1. The COUNTY does hereby allow TAL POST 28 & ALA UNIT 28 to use the demised
premises for the limited purpose of The Patriot Day event on Wednesday, September 11,
2019.
3>1 - M PROVIDED:
M (a) Advance coordination must take place between TAL POST 28 & ALA UNIT 28 event
Ef <1 planners and Kevin Schmidt of Grant County Facilities & Maintenance (754-2011 ext.
IRf
Cn -41% M 3272), or his designated representative, for facility preparations,, including reserving spaces
Cn co
0 in Parking Lot A for the Fire Department's truck to display a large United States Flag as a
backdrop for the Grant County Memorial, as well as closure of the Courthouse steps.
(b) Set Up - can begin September I I' at 3:00 p.m. with total closure of the Courthouse steps not
occurring before 4:45 p.m. The spaces needed in Parking Lot A will be reserved by Facilities
& Maintenance by 3:00 p.m. the day of the event (see (c)(4) below):
Agreement Regarding Use of County Property for Public Purpose — Page I of 4
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(c) Facilities Access - TAL POST 28 & ALA UNIT 28 event access will encompass the use of:
(1) The Courthouse lawn area;
,(2) The Courthouse steps;
(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 TAL POST 28 & ALA UNIT 28 event
planners will need to supply its. own 3 -phase power equipment;
(4) Spaces yet to be determined in Parking Lot A but will include space for the fire truck,
and at least two spots adjacent to each. side, and another two spots in. the middle of the
lot;
(5) Any debris, garbage, spills, etc. resulting from the event must be cleaned and/or removed
from the premises by 8:00 p.m. on Wednesday, September I I th; and
(6) Restroom facilities are available to the public in the nearby Law & Justice Building.
(d) Restrictions - No banners, signs, anchor ropes, etc. will be affixed to Courthouse
. structure. Grant County, no longer permits anyone to hang or attach any, batiners, signs,
I p arachutes, anchor ropes, etc. to the pillars or Courthouse structure. This is to protect the
work completed on the historical rehabilitation..
2. TAL POST 28 & ALA UNIT 28 shalt, 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, TAL
POST 28 & ALA UNIT 28 shall keep such demised premises free from, debris, and preserve
a standard of cleanliness as established by the COUNTY,
3. TAL POST 28. & ALA UNIT 28 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 TAL POST 28 &
ALA .UNIT 28 'its agent . s servants.,, employees. or, invitees and/or TAL POST 28 & ALA
UNIT 28,'s failure to comply with any law of any, governmental authority.
4. Insurance. Lessee shall procure and maintain in force, without cost of 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 inj-ury and property damage, with respect to the
use and occupancy of the Faculty with liability limits of not less than $1,000,000, per
Agreement Regarding Use of County Property for Public Purpose — Page 2 of 4
Civil 8\departments\comtnissioner\2019//American Legion Art Semro Unit 28
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, TAL POST 28 & ALA UNIT 28 shall not assign,
transfer, pledge, or leasea.ny,part of the demised premises.
6. This Agreement shall be governed and interpreted in accordance with the laws of the State of
Washington. Agree,ton. 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. FURTBER: 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 fail -Lire 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 TAL
POST 28 & ALA UNIT 28 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 be'nefitted 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 TAL POST 28 & ALA UNIT 28 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
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.
Agreement Regarding Use of County Property for Public Purpose — Page 3 of 4
Civil 8\departrnetits\commissioner12019//American Legion Art Setnro Unit 28
APPROVED this 1?%Xtay o 4?pe—, 2019.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY,, WASHINGTON
Richard Stevens,, Member
ATT T:
Barbarla. Vasqjez,, Clerk of the Board
Approved as to form:
2019.
J
Kevin J./M� Crae, WSBA #43087
Deputy Prosecuting Attorney AMERICAN LEGION AUXILLARY
JanqMontaney,
Americanism Chairman,,
American Legion Auxiliary,
Art Semro, Unit 28
Agreement Regarding Use of County Property for Public Purpose — Page 4 of 4
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25 July 2019
Grand County Commissioners
PO Box 37
Ephrata, WA 98823
RE: Permission for use of Courthouse steps, lawn, and small area of parking lot
Dear Commissioners;
On December 18, 2001, Congress passed Public Law No. 107-89 designating September
I lt" as "Patriot Day". For several years, American Legion Auxiliary, Art Semro Unit 28
and The American Legion, Art Semro Post 28 have held a special ceremony on September.
11th at the courthouse and would very much like to maintain that tradition.
This year the ceremony will take place at 5:15pm, lasting approximately 30 minutes. We
would need to close off a portion of the front steps of the courthouse at 4:45pm to facilitate
setting up the PA system. We'd need to close it completely no later than S:lOpm. Our
plan includes placing approximately 25-50 chairs in the lawn area to provide some seating.
We also plan for the Fire Department to place one of their trucks in the parking lot on the
north side of the courthouse (just off 1St Ave NW (across from the Methodist Church)) to
facilitate their displaying a large United States Flag as a backdrop for the Grant County
Memorial (on north side of the courthouse lawn. We would need you to please close off
the parking spaces that are adjacent to this site (would be approximately 2 at the far
northeast corner of parking lot, and probably 2 spots in the middle of the lot).
The truck would NOT come on the lawn.
We also are hoping that one of you will be able to be a part of the ceremony by placing a
flag (which we will provide) in a flower basket by the memorial. There will be an
opportunity for one of you to speak, if you wish. If a Commissioner is speaking, I'll need
to know the name so I can ensure the program and MC's script is correct plus.
We look forward to working with you in putting on a ceremony which will honor all the
men and women of our emergency services, military, and their families whose service
allows us to enjoy the freedoms of the United States of America. Please contact me,
760-1433 with any questions or concerns you may have.
For God and Country,
Jane Montaney, Americanism Chairman,
American Legion Auxiliary, Art Semro Unit 28
204 Maringo Road Ephrata, WA 98823
jmontanevgyahoo.com (509)760-1433