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HomeMy WebLinkAboutCentral Washington Fair Association - Rental AgreementSTA E PAH CENTRAL WASHINGTON FAIR ASSOCIATION RENTAL AGREEMENT YAKIMA POLICE DEPARTMENT DRIVER COURSE TRAINING APRIL 4, 5, 6, 18,19 & 20, 2018 A. PARTIES 2 B. SUBJECT MATTER 2 C. SCOPE OF EVENT 2 D. USE DATES 2 E. FEE TERMS 3 F. SETTLEMENT 4 G. INSURANCE 4 H. INDEMNIFICATION 4 I. GENERAL TERMS AND CONDITIONS OF USE AND OPERATION ... 5 J. FOOD & BEVERAGE/CATERING 7 _A Central Washington State Fair i Yakima Valley SunDome Nig 1301 S. Fair Ave. • Yakima, Washington 98901 • tel: 509.248.7160 • fax: 509.248.8093 • www.fairfun.com • cwsf@fairfun.com Event: YPD Driver Course Training Agreement No: 0418YPD RENTAL AGREEMENT CENTRAL WASHINGTON FAOR ASSOCOATION A. PARTIES: 1. This Agreement is made and entered into this 6th day of March, 2018, by and between the CENTRAL WASHINGTON FAIR ASSOCIATION, hereinafter referred to as "Association," and City of Yakima, located at 129 North 2"d Street, Yakima, WA 98901; 509-575-6000, referred to as "Tenant." 2. This Rental Agreement (and any attachments) is the sole and complete agreement between the parties with respect to the named event and supersedes all prior and contemporaneous agreements regarding the subject matter hereof. The Agreement (or any part thereof) may not be changed, modified, or waived, unless same are signed by the City and Association President and General Manager. Further, should this Agreement reflect any deviation from the Association published rates; such deviation shall not be valid or enforceable unless signed by the Association President and General Manager. B. SUBJECT MATTER: 1. The Association, under the terms and conditions of this Agreement, grants to the Tenant the nonassignable right to use and occupy those Association facilities described as follows: North Parking Lot and Stadium Parking Lot, hereinafter referred to as "facilities," with load -in and load -out through Gate 1 or 15. 2. The Tenant agrees to quit and surrender up the facilities to the Association at the end of the term herein, in the same condition as the_ date of commencement of this Agreement, ordinary wear and tear thereof expected. 3. The parties understand and agree that Tenant shall not by this Agreement acquire any right of any kind whatsoever in any real estate and that the subject matter of this Agreement is a rental to use Association facilities which the parties agree is personalty. C. SCOPE OF EVENT: 1. The aforementioned facilities shall be used solely for the following event, and for no other purpose: Driver Training. 2. The event shall include only those activities specifically authorized herein. No additional activities will be allowed without written permission therefor, in advance, D. USE DATES: 1. Under this Agreement, the term for the use of the facilities shall be: Move in date of, April 4 & 18. 2018; event date(s) of, April 5, 6, 19 & 20, 2018; move -out date of, April 6 & 20, 2018. All property, goods, and effects of Tenant must be removed from the facility by the stipulated move -out date. In the event any property of Tenant shall remain on the premises past the deadline, Association shall have full authority to store such goods at the Tenant's expense for a reasonable time; the place and length of such storage being discretionary with Association. Tenant shall have no claim for damage to or loss of goods in storage and herewith gives Association its specific authority and instruction to sell as surplus at a distress sale any goods not redeemed by it within a reasonable time and to remit to Tenant the balance of the distress sale price of such goods, if any, after deducting its costs for storage, transport, sale, and any other Association expense. 2. Time is of the essence of this Agreement and the time herein granted shall not be extended for any purpose without the express written permission of the Association. If such permission is granted, all additional time shall be paid for by the Tenant according to the schedule of fees administered by the Association. 3. You can guarantee an early load -in day by reserving the building for 50% of your contracted rate; or if the building is not rented within 10 days prior to your event, you can load in for no cost between the hours of Sam-- 4pm. Any Toad -in after 4pm will be a $20 per hour fee. You must also give SFP at -2- at least seventy-two (72) hours advance notice of this so we can arrange appropriate staffing for your load -in. E. FEE TERMS: 1. Rental Fee: The Tenant agrees 10 pay to the Association for the use of the facilities the following: RENT: North Parking Lot & Stadium Parking Lot (0 No Charge Event to be completed by 5:00 pm each day. Plaza 0 restrooms to be opened for Tennant use. A non-refundable Rental Deposit hes been waived. Final rental fee payment/event settlement shall be made no later than April 20th, 2018. SIGNED CONTRACT MUST BE RECEIVED BY ASSOCIATION WITHIN FOURTEEN (14) BUISNESS DAYS OF ISSUE DATE OR CONTRACT IS VOID. Contingency Deposit: The Association shall refund this deposit to the Tenant, less any reductions necessary due to costs incurred by Association, no earlier than ten (10) working days following the close of the event. Tenant can request to pick up deposit refund check from office when it is ready otherwise it will be mailed on the tenth working day atter event is complete. 2. Reimbursable Costs: The Tenant agrees to pay to the Association at settlement for the following: ALL PERSONNEL, EQUIPMENT AND TECHNICAL COSTS TO BE REIMBURSED AT PREVAILING RATES. The Tenant agrees to pay to the Association, on demand, any sum which may be due for additional services, accommodations, or materials furnished by the Association at the request of the Tenant. The Association may require orders by the Tenant, or its authorized representative, for any such services, accommodations, or materials, to be in writing. The Tenant certifies that Cliff Moore or his specified designee is the agent of the Tenant and shall have full authority to bind the Tenant with respect to any other written or verbal orders for goods and services which that agent deems necessary to enable the Tenant to obtain the full utilization of the premises. Any under or over payment will be reconciled after the event. 3. Personnel and Equipment: 3.1 The Association will furnish at its expense: a) A clean building and light for ordinary use of said premises, when required in the opinion of the Association, for the purpose aforesaid. 3.2 The Tenant agrees to fumish the following at their expense: a) The Tenant hereby agrees that all facility -related personnel, necessary to operate the premises for the event herein specified, shall be provided by the Association but shall be paid for by the Tenant as an additional service by the Association. The Tenant will reimburse the Association for all equipment and services supplied for the event by the Association at Tenant's request. The Tenant will reimburse the Association for event personnel, equipment, and services provided at prevailing rates. b) The Tenant understands and agrees that the cost reimbursements stipulated above are in addition to the Association's rental rates stipulated in Paragraph E.1 of this Agreement and shall remit payment upon presentation of invoice therefor, provided however, that the Association, at its sole option, may make such charges therefor as are known at the time of settlement and demand payment at such time from gate receipts. 4. Late Payment: Any account due and unpaid under this Agreement shall be assessed a late payment -3- fee of one and one-half percent (1.5%) on the balance outstanding per month until paid. F. SETTLEMENT: 1. Final rental fee payment/event settlement shall be made no later than April 20, 2018. 2. The Tenant agrees to pay all sums when due, in legal tender, cash, credit card, certified check, or by bank cashier's check, at the office of the Association. The Association will oniv accept a personal check if it is more than ten (10) workincf dans prior to the event date. G. INSURANCE: 1. The Tenant agrees to provide a Comprehensive General Liability insurance policy with limits in the amount of One Million Dollars ($1,000,000.00) Combined Single Limit General Aggregate and One Million Dollars ($1,000,000.00) Occurrence for bodily injury to one or more persons and property damage. This policy of insurance shall be maintained by Tenant to cover Tenant's occupancy of Association facilities, including the move -in and move -out operations. Such insurance policy shall include, but not be limited to, all of the usual coverages commonly referred to by the insurance industry as: > Premises/Operations Liability • Products/Completed Operations Liability • Blanket Contractual Liability • Personal Injury Liability, including coverages A, B, and C The above insurance policy shall: a) Name the Central Washington Fair Association, its officers, agents, and employees, and the Board of Yakima County Commissioners; as additional insureds thereon; b) State that it is Primary Insurance on behalf of the Association, regardless of what other insurance the Association may maintain; c) Include a "Cross Liability" (severability of interests) clause; d) Provide the Association with not less than thirty (30) days advance written notice of any termination of or material change to the policy. 2. The parties agree that each shall and does hereby waive all rights of subrogation against each other for loss or damage to their respective property arising out of fire, lightning, and perils of Extended Coverage in, on, or about the facility. Tenant agrees that any policy of insurance acquired pursuant hereto, or sought to be applied to the term hereof, by Tenant, shall contain a Waiver of Subrogation clause consistent with the terms of this paragraph. 3. The Tenant shall not do, or permit to be done, anything in or upon any portion of the premises, or bring or keep anything therein or thereupon, which will, in any way, conflict with the conditions of any insurance policy upon the building or any part thereof, or in any way increase any rate of insurance upon the building or on the property kept therein. 4. Tenant hereby assumes sole and complete responsibility and liability for any damage to the premises or facilities thereof, which is done by, or at the encouragement or incitement of, Tenant or any party on or using the premises at Tenant's request or with Tenant's permission. This assumption of responsibility includes responsibility for damage caused, encouraged, or incited by an attendee, act, performer, crew member, or worked employed by or under contract with Tenant, and also includes such damage caused or done by persons working for such person. In the event of any damage covered by the terms of this subparagraph, the Association shall be entitled to take from ticket proceeds, at the time of settlement, the estimated cost of repair of such damage and to hold such sum and apply such sum to repairs as are, in the Association's judgment, necessary to retum the premises to their proper working condition. H. INDEMNIFICATION: 1. The Tenant agrees to indemnify, defend, and save harmless, the Association, its officers, agents, and officials, against any and all claims and to pay legal costs, fees, and charges in defense thereof, for injury to person or property damage, including claims of employees of Tenant or of any contractor or subcontractor of Tenant resulting directly or indirectly from any act, incident, or accident occurring in, upon, or about the premises of the Association as a result of the negligent acts, errors, or omission of -4- the Tenant or its agents, or arising in connection with the operation, use, or occupancy of the premises by Tenant. Tenant shall not, by this provision, be required to indemnify the Association for loss or damages, or costs incurred in defense, which arise out of the negligence of the Association. 2. The Tenant hereby expressly waives any and all claims of whatever nature against the Association for any and all toss or damage to persons or property sustained from any cause whatever prior to, during, or subsequent to the rental period by reason of any defect, deficiency, failure, or impairment of the premises, including but not Limited to, the water supply system, heating system, wires leading to or inside the premises, gas, electric, or telephone systems, automatic sprinkler system, or from any other source whatsoever. GENERAL TERf!IS AND CONDITIONS OF USE AND OPERATIONS: 1. Public Safety: a) The Tenant agrees that at all times it will conduct its activities with full regard to public safety and will observe and abide by all applicable regulations and requests by duly authorized governmental agencies responsible for public safety to assure such safety. b) The Tenant hereby assumes full responsibility for the character, acts, and conduct of all persons admitted to the premises, or to any portion of said premises, with the consent of the Tenant or with the consent of any person acting for or on behalf of the Tenant. 2. Rules and Regulations: a} The Tenant will abide by and conform to all rules and regulations adopted or prescribed by the Association for the protection, control, and management of the premises. The premises and the keys thereto shall be at all times under the charge and control of the Association. The Tenant shall not permit the premises to be used for lodging rooms or for any improper, immoral, or objectionable purpose and will not allow use of any space hereby rented without the approval of the Association in writing. The Tenant will not, in any way, obstruct or interfere with the occupancy or use of other renters or persons on the premises. b) It is the policy of the Association, in compliance with the Yakima County Fire Code, to maintain clear aisles 3. Laws and Ordinances: The Tenant and their contractors including but not limited to stagehands, riggers, and production crew shall comply with all laws of the United States, the State of Washington, County of Yakima, OSHA, WISHA, Labor & Industries, the ordinances and all lawful order of the police and fire department or other municipal authorities. In addition, Tenant will obtain and pay for all necessary permits and licenses and will not do, nor suffer to be done, anything on said premises during the term of this Agreement in violation of any such laws, ordinances, rules, or orders. 4. Fire/Casualty: In case the said premises or any part thereof shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render fulfillment of the terms of this Agreement by the Association impossible, including, without limitation thereto, the requisitioning of the premises by the United States govemment or any arm or instrumentality thereof, or by reason of labor dispute, then and in that event, this Agreement shall terminate and the Tenant shall pay for said premises only up to the time of such termination at the rate herein specified and the Tenant hereby waives any claim for damages or compensation should this Agreement be so terminated. 5. Vacation of Premises: In the event that the above described facilities are not vacated by the Tenant on the date specified at the end of the time for which said facilities are to be used by the Tenant in accordance with this Agreement, then the Association shall be and is hereby authorized to move from said facilities, at the expense of the Tenant, any and all goods, wares, merchandise, and property of any and all kinds and description which may be then occupying the facilities on which the term has expired, and the Association shall not be liable for any damages or loss to said goods, wares, merchandise, or other property which may be sustained, either by reason of such removal or the place to which it may be removed, and the Association is hereby expressly released from any and all claims for damages of whatever kind or nature. For such additional period beyond the term of this Agreement, if any property of the Tenant remains in or on said premises, the Association shall be entitled to charge the sum per day as provided herein above, as the payment to be made for the time for move -in and move -out. 6. Electrical Connections and Fees: In the event extra lights, or other than regular house lights, or electrical power, shall be required by the Tenant, the same shall be paid for by the Tenant at the - 5 - current rates in effect at said facility. All electrical connections must be made by a representative of the Association or by an electrical contractor approved by the Association. Multiple plugs, such as twin sockets, cube taps, etc., will not be permitted. Any such connection shall be rewired by the electrical contractor to conform to all applicable codes, ordinances, and statutes of the County of Yakima and the State of Washington. In some instances an inspection by a Washington State Electrical Inspector may be required and any inspection fee will be the responsibility of the Tenant. 7. Seating Capacity: The Tenant shall not admit to said facilities a larger number of persons than can safely and freely move about in said facilities and the decision of the Association in this respect shall be final. It is further understood and agreed that Tenant will permit no chairs or seats to be or remain in the passageways or fire exits in said facilities, and Tenant shall keep all passageways and fire exits clear at all times. The sidewalks, ground entries, passages, vestibules, halls, abutting streets, and all ways of access to public facilities at said facilities shall not be obstructed by Tenant or used for any purpose other than for ingress to or egress from the facilities. S. Water: The Association agrees to furnish water by means of the appliances installed for ordinary toilet or janitor purposes, but for no other purpose unless otherwise specifically provided for in this Agreement. Water closets and water apparatus shall not be used for any purpose other than those for which they are constructed and no sweepings, rubbish, rags, paper, or other substances shall be thrown therein. Any damage resulting to such apparatus on account of misuse of any nature or character whatsoever shall be paid by Tenant. 9. Responsibility for Property in Building: The Association assumes no responsibility whatsoever for any property placed in said facilities by Tenant, its agents, or others using the facilities under this authority, and the Tenant hereby expressly relieves and discharges the Association from any and alt Liability for any Toss, injury, or damage to persons or property which may be sustained by reason of the use or occupancy of said facilities or any part thereof under this Agreement or by virtue of Tenant's agreements with third parties. Any watchmen or other protective service personnel desired by the Tenant must be arranged for by special agreement with the Association at the sole cost and expense of the Tenant. No such personnel shall be allowed to perform any service for Tenant whatsoever on the facilities without Association's express written agreement. Under no circumstances will the Association assume any liability. 10. Damage or Defacement of Building or Premises: The Tenant shall not injure, mar, or in any manner deface the building or premises wherein the facilities are located, and shall not cause or permit anything to be done whereby said building or premises shall be in any manner injured, marred, or defaced; nor shall the Tenant drive or permit to be driven any nails, hooks, tacks, or screws into any part of said building; nor shall it make or allow to be made any alteration of any kind therein. If, during the term of this Agreement, said premises, or any portion thereof, shall be damaged by the act, default, or negligence of the Tenant or by the Tenant's agents, employees, patrons, or any person or persons admitted to said premises by the Tenant, the Tenant will pay to the Association, upon demand, such sum as shall be necessary to restore said premises to their original condition. The parties hereby expressly agree that the value of any such demand shall be deducted from any Deposit. 11. Care of Facility: The Tenant agrees to cause the premises to be kept clean and free of damage during the term of occupancy, except for such common areas as may be regularly maintained and cleaned by the janitorial force employed by the Association. 12. Decorators, Caterers, and Contractors: The Tenant agrees that only decorators, caterers, and contractors approved by the Association shall be employed on the premises. 13. Lost Articles: The Association shall have the sole right to collect and have the custody of articles left on the premises by persons attending any event held in the premises, and neither the Tenant nor any person in the Tenants' party shall collect or interfere with the collection or custody of such articles. 14. Right to Enter: The Association does not relinquish and does hereby retain the right to enforce all necessary laws, rules, and regulations for the management and operation of the premises. The Association retains the right to enter the facilities, or any part thereof, at any time, on any occasion, and for any reason deemed appropriate to Association, without restrictions whatsoever. 15. Interruption or Termination of Show: The Association retains the right to cause the interruption of any event in the interest of public safety and, likewise, to cause the termination of such event when, in the sole and arbitrary judgment of the Association, such act is necessary in the interest of public safety. The Tenant hereby waives any claim for damages or compensation should this Agreement or any event presented hereunder, be so terminated. -6. 16. Nonexclusive Right: The Association retains the right to use and/or rent use of such portions of its facility as may not be covered by this Agreement. 17. Default by Tenant: The Tenant further agrees that, if any default is made in the payment of the Rental Fee or any part thereof at any time above specified, or if any default is made in this Agreement, this Agreement and the relationship of the parties, at the sole option of the Association, shall cease and terminate upon notice of such termination in writing to the Tenant. In case suit is instituted by the Association to enforce compliance with this Agreement, the Association shall be entitled, in addition to the costs and disbursements provided by statute, to such additional sum in lawful money of the United States as a court may adjudge reasonable for attomeys' fees and costs, which sum shall be at least the Association's out-of-pocket costs (including attorneys' fees) for such action. 18. Event Requirements: The Tenant shall provide the Association, at least thirty (30) days before the first day of the event covered by this Agreement, a full and detailed outline of all event requirements, including stage, personnel, hall, table and chair requirements, and all such other information as may be required by the Association concerning the event covered by this Agreement. In the event this information is not received by the Association, the Tenant is responsible for any expenses incurred by Association in its efforts to secure such information. 19. Additional Provisions: The Tenant agrees that it shall not stage any act or performance in which fire or flame is involved without first having obtained the prior permission of the County Fire Marshal therefor. The Tenant further agrees that it will not use any decorative materials prohibited by State or Federal laws, or building regulations, including but not limited to crepe paper, cellophane, confetti, cotton, com stalks, leaves, evergreen boughs, sheaves of grain, streamers, straw, paper, vines, moss, or any similar flammable or combustible materials, in or about the premises. 20. Copyrights: The Tenant will assume all costs arising from the use of patented, trademarked, franchised, or copyrighted music, materials, devices, processes, or dramatic rights used on or incorporated into the event. The Tenant agrees to indemnify, defend, and hold harmless the Association from any claims or costs, including legal fees, which might arise from questions of use of any such material described above. Tenant specifically agrees to insure that any act or performer(s) brought in the facilities by virtue of this Agreement by Tenant, or under its authority, shall have obtained permission from the owners thereof to use any copyrighted music, songs, lyrics, or dramatic materials prior to their use and shall indemnify and hold harmless the Association for their failure to do so, and shall pay, in the event such failure is alleged or proven, the cost of defense of any such claim, including attorneys' fees, and the value of any judgment thereon rendered against the Association. 21. Objectionable Persons: The Association reserves the right to eject or cause to be ejected from the premises any disorderly person and neither the Association nor any of its officers, agents, or employees shall be liable to the Tenant for any damages which may be sustained by the Tenant through the exercise by the Association of such right. 22. Objectionable Materials or Demonstrations: The Association reserves the right to require the removal of any materials and to prohibit any demonstrations it deems inappropriate or offensive to public health, safety, morals. Such matters include, but are not limited to, "how to" publications, relating to bombs, illegal weapons, the modification of legal weapons, etc. Neither the Association nor any of its officers, agents, or employees shall be liable to the Tenant for any damages which may be sustained by the Tenant through the exercise of such rights. 23. Litigation: In the event arbitration or legal action is initiated with respect to this Agreement, the prevailing party shall recover reasonable attorneys' fees, costs, and expenses, as determined by the arbitrator or trial court, or in the event of an appeal, the appeals court or courts. Such fees, costs, and expenses, shall include any post -judgment collection. This Agreement shall be deemed located at Yakima, Washington, and shall be interpreted and construed in accordance with the laws of Washington, which will be controlling in the event of any dispute arising hereunder. 24. No Partnership: The parties hereto are not partners or joint venturers and this Rental Agreement should not be construed to create such relationship. J. FOOD & BEVERAGE/CATERING: 1. The Association retains the exclusive right to operate all beer, wine and liquors in the facilities and its premises to include the right to designate specific location for placement of serving areas. 2. The Tenant shall not allow or cause, beer, wine, or liquors of any kind to be sold, given away, or used on said premises without the express written consent of the Association. Further, in the event such -7- approval is obtained from Association, Tenant shall be responsible for securing all necessary permits, licenses, etc. 3. Based on the information provided by the tenant, the following food functions will be provided during the event by Spectra Food Services: Not applicable to this event Food Functions} Estimated Guests N/A N/A All Event costs, including alcohol and catering, are to be paid in full on or before ten (10) business days (Monday through Friday) prior to the scheduled event date. The exact due date is stated in the Fee Term and/or Settlement section of the contract. Catering and alcohol charges are based upon your guest guarantee, which is due on or before ten (10) business day prior to the event and will not to be subject to reduction. If no guarantee is received by the required deadline, the estimated guest attendance (taken when event was booked) will be used as the guarantee. To ensure accurate preparation of food quantities, any increase in the final catering numbers are due to the Spectra Food Services Department seventy-two (72) hours/three (3) business days prior to the scheduled event date. Any additional charges, with the exception of alcohol, incurred during the function will be due on completion of the event. Due to Washington State Liquor Laws, additional alcohol orders must be paid prior to serving. Prices will be guaranteed ninety (90) days prior to the event due to fluctuating market prices. We accept MasterCard, Visa, Discover card, cash, or cashier's check as forms of payment. 4. If the Association grants approval for the Tenant to use an outside caterer for this event a 15% fee of the catering invoice Is to be paid to the Association by the Tenant on or before the settlement date noted on page 4 of this contract. IN WITNESS WHEREOF the parties hereto have executed this document as of the day and year first above written. The person(s) executing this Agreement for Tenant hereby certifies and represents they have full authority to do so. This Rental Agreement is the sole and complete agreement between the parties with respect to the named event and supersedes all prior and contemporaneous agreements regarding the subject matter hereof. This Agreement (or any part thereof) may not be changed, modified, or waived, unless same are signed by the Association President and General Manager. Further, should this Agreement reflect any deviation from the Association published rates; such deviation shall not be valid or enforceable unless signed by the Association President and General Manager. CITY CONTRACT NO: e.7Ol 745 — Lt(l l RESOLUTION NO: fl I et CENTRAL WASHINGTON FAIR ASSOCIATION rb Ly�ck Assista t G neral Manag C' + •ore City Manager 3.22-'ZdtZ Date 0418YPD — Driver Course Training — North Lot & Stadium Lot -8- Yaki119 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (MOC) BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONST ITUTE A CONTRACT BET WEEN THE I SSUING INSURER(S), AUTHOR IZED REPRESENTATI VE OR PRODUCER, AND THE CERT IFICATE HOLDER. - — - — - — - — - — - — - — - — - — - — - — - — - — - — — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the MOC must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the MOC, certain coverage may re vire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER. ".;:;:,P1^KMAZV:TFL,,:74.!1.,M.3,-,TAN.r-,7,P7.., 17:',!.-26. ,',,IA173,M4W`IT.117,10. lwr,1,1,YrrTI, GENERAL LIABILITY' — ' ' . ' -- . ' ' , „. , 4 r _ COMMERCIAL GENERAL LIABILITY CIAW171834514 12/01/2017 12/01/2018 GENERAL AGGREGATE $25,000,000 OCCURRENCE FORM PRODUCT -CO MP/OP AGG $25,000,000 PERSONAL & ADV. INJURY $15,000,000 EACH OCCURRENCE $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000 COMPANIES AFFORDING COVERAGE „ Clear Risk Solutions 451 Diamond Drive Ephrata, WA 98823 Phone 509-754-2027 Fax 509-754-3406 CIAW171834514 12/01/2017 12/01/2018 ALL RISK PER OCC EXCL EQ & FL EXCLUDED EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC (Except FZ A&V, which is slim EXCLUDED (PROPERTY IS SUBJECT TO A 25,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE GENERAL LIABILITY CIAW / Munich Re AUTOMOBILELIABILITY / Munich Re PROPERTY CIAW / Munich Re et al. CRIME / PUBLIC EMPLOYEE DISHONESTY CIAW / Munich Re :';•.,.if ':7;::1-,";1. '-?... -f. :{:.1i',1,'4Ii:'-:', t)' $7 City of Yakima 129 N 2nd St Yakima, WA 98901 COVERAGES, . „ „ . THIS IS TO CERTIFY T HAT THE COVERAGES LIST ED 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 COVERAGE AFFORDED BY T HE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE ,,, f MOANUMBER ,,N2kl.7i.qb.ipAXTtEEfFy_*9D..19A.4:t1p1E.gcpf4... .,'.,..t.'r"4 , :...,a• ,4,,-.4NL1..,LIMITS ,y4'w_;q,..-::r, o•. ".;:;:,P1^KMAZV:TFL,,:74.!1.,M.3,-,TAN.r-,7,P7.., 17:',!.-26. ,',,IA173,M4W`IT.117,10. lwr,1,1,YrrTI, GENERAL LIABILITY' — ' ' . ' -- . ' ' , „. , 4 r _ COMMERCIAL GENERAL LIABILITY CIAW171834514 12/01/2017 12/01/2018 GENERAL AGGREGATE $25,000,000 OCCURRENCE FORM PRODUCT -CO MP/OP AGG $25,000,000 PERSONAL & ADV. INJURY $15,000,000 EACH OCCURRENCE $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO CIAW171834514 12/01/2017 12/01/2018 COMBINED SINGLE LIMIT $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE 0t'0 F,V:',1 14f'.);;4fi7:77411zrla :.,,,'ORFA'FAC.;n764.1r.-kr .Z.,"r-F.Yi.i*Alf7M:T;A:i...11T.M41"11-7.1g:',11 .:",Ari:,1°.*.:5:.%.;$,,,,,,..t,A,,..,,,si,-. t. T ..-.,, ,.:1.,,_• .:.[,,--* .1-54—:A CIAW171834514 12/01/2017 12/01/2018 ALL RISK PER OCC EXCL EQ & FL EXCLUDED EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC (Except FZ A&V, which is slim EXCLUDED (PROPERTY IS SUBJECT TO A 25,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE .,...,,,,,s,,a,r,,e1M.A7,g,MM!'", ',4"Sti rn-ali:3,717-Z,V.7,"iV.1 4 -F&D7 t,`",.7-7."1,1,17-7%-',:.C,.:11-715-Mbrratlia. . TF-A:,iiTMIlan-Z,MTIr2r.1`4:77,3,_9;IL',i7W4F Pl!,,,,313,r ',‘,17UF:1 ._,CRIME/PUBLIC,,EMP,LOYEE DISHONESTY - . „ (CRIME SUBJECT TO AS 25,000 PROGRAM SIR) CIAW171834514 12/01/2017 12/01/2018 PER LOSS $1,000,000 Regarding facility use of North Parking Lot and Stadium Parking Lot for Driver Training April 5 and 6, 2018 and April 18-20, 2018. Central Washington Fair Association, its officers, agents, and employees, and the Board of Yakima County Commissioners, are named as Additional Insured regarding this facility use only and are subject to coverage terms, conditions, and exclusions. Additional Insured endorsement is attached. Waiver of Transfer Subrogation is attached. The CIAW MOC is primary and non-contributory. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PROV ISIONS OF TH E MOC. CERTIFICATE HOLDER - . , „ , . . ' AUTHORIZED REPRESENTATIVE Central Washington Fair Association 1301 South Fair Ave Yakima, WA 98901 c:chtilio.CNewpc,,v_Ak_. 3354775 ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How Coverage is Changed It is agreed that the interest of any Additional Insured is recognized as their interests may appear, providing that the certificate of coverage that this is attached to has been issued and is on file with the Company. T he Limits of Coverage applicable to the Additional Insured are those specified in either the: 1. Written Contract or written agreement; or 2. Declarations for this memorandum, whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. Additional Insured: Central Washington Fair Association 1301 South Fair Ave Yakima, WA 98901 Regarding facility use of North Parking Lot and Stadium Parking Lot for Driver Training April 5 and 6, 2018 and April 18-20, 2018. Central Washington Fair Association, its officers, agents, and employees, and the Board of Yakima County Commissioners, are named as Additional Insured regardingthis facility use only and are subject to coverage terms, conditions, and exclusions. Additional Insured endorsement is attached. Wiver of Transfer Subrogation is attached. The CIAW MOC is primary and non-contributory. Other terms: All other terms of your MOC remain the same. 3354776 WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Central Washington Fair Association 1301 South Fair Ave Yakima, WA 98901 If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under this memorandum whether on a primary, excess or contingent basis, the coverage under this memorandum is excess of and does NOT contribute with such other insurance. The coverage under this memorandum is NOT subject to the terms, conditions, or limitations of any other insurance. This condition does NOT apply with respect to excess insurance purchased specifically to be in excess of this memorandum. Any person or organizations as shown in the Schedule above, for whom we make a payment under this coverage must transfer their right to recovery against any other party. After a Claim they must do everything necessary to secure, and nothing to impair these rights. However, we will waive our right of recovery against any person or organization as shown in the Schedule above with respect to which the Insured has waived its right of recovery prior to the Occurrence, Accident or Wrongful Act in an Insured Contract. Other terms: All other terms of your Memorandum of Coverage remain the same. 3354777