HomeMy WebLinkAboutCentral Washington Fair Association - Rental Agreement YPD Driver Training May 2019YA&IMA POLICE DEPARTMENT DRIVER TRAINING
162019
A. PARTIES ......... ........ -- ............. ......... . — —... 2
C. SCOPE OF EVENT, . . . . a ....................................... 2
D. USE DATES2
E. FEETERMS— .......... : — � ........ ........... --- 3
F. SETTLEMENT ..................... ......... — 4
G. INSURANCE .......
H. INDEMNIFICATION---- ... ---- .... — ............ 4
GENERAL TERMS AND CONDITIONS
OF USE AND OPERATION ................ 5
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Central Washington State Fair Yakima Valley Sun Dome 'SUNDORIE
1301 S. Fair Ave. - Yakima, Washington 98901 - tel: 509.248.7160 - fax: 509.248.8093 - www.fairfun.com - cwsfCa)fairfun.com
Event: YPD Driver Course Training Agreement No: 0519YPD
RENTAL AGREEMENT
CENTRAL WASHINGTON FAIR ASSOCIATION
A. PARTIES:
1L This Agreement is made and entered into this Gm day of March, 3019' by and between the CENTRAL
WASHINGTON FAIR ASSOCIATION, hereinafter referred to as "Association," and City of Yakima,
located od129North 2^~Street, Yakima, VVA989O1; 5O9-575'60GU'referred tnas^T*nund."
2. This Rental Agreement (and any attachments) is the sole and complete agreement between the parties
with respect huthe named event and supersedes all prior and contemporaneous agreom*ntom0apding
the subject matter hereof. The Agreement (or any part thereof) may not be ohenged, 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.
1.The Association, under the Vennu and conditions of this Agreement, grants to the Tenant the
nonauuignab|e right to use and occupy those Association facilities described as follows: North Parking
Lot, hereinafter referred to as "facilities," with 1pad-in and load -out throu h ate 1 or 15,
2. The Tenant agrees to quit and surrender up the facilities to the Association at the end of the henn
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 e rental to use
Association facilities which the parties agree iupersonalty.
1L
The aforementioned facilities shall be used solely for the following event, and for no other purpose:
Driver Training.
3~ The event shall include only those activities specifically authorized herein. Woadditional activities will
Underbe allowed without written permission therefor, in advance.
goods, and effects ofTenant must boremoved from the facility bythe stipulated move -out date. In the
event any property of Tenant shall remain on the premises past the deadline, Association shall have
h/U authority to store such goods o1the Tenant's expense for a reasonable time; the place and length
ofsuch storage being discretionary with Association. Tenant shall have nnclaim for damage toorloss
of goods in donego 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 oa|o price of such goodu, if any, after deducting its costs for storage,
transport, sale, and any other Association expense.
2 Time is of the euoonoo 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 ohnU 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 of8am-4pm. Any load -in after 4pmwill baa$2Oper hour fee. You must also give GFPok
load -in.
E. FEE TERMS:
1. Rental Fee: The Tenant agrees to pay to the Association for the use of the facilities the following:
RENT: North Parking Lot @ No Charge
Event to be completed by 5:00 pm each day. Plaza I restrooms to be opened for Tennant use.
A non-refundable Rental Deposit has been waived.
Final rental fee payment/event settlement shall be made no later than May 17t', 2019.
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 JIM working, gagg.folloyin g 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 after event is complete.
2. Reimbursable Costs: The Tenant agrees to pay to the Association at settlement for the following:
ALL PERSONNEL, •: AAD TECAMCAL COSTS-nJIM-REffiff
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 furnish 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 EJ 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
fee of one and one-half percent (1.5%) on the balance outstanding per month until paid.
F. SETTLEMENT:
i. Final rental fee paymentievent settlementbe made no later than May 17,
2019.
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 o Iv accept B
personal check it it is more than ten� t� Worki
ng days prior to the event date.
G. INSURANCE:
9. 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
Theabove 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 return the premises
to their proper working condition.
MINNEREqCAARIULqA,ilsTk
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 of
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 acts, errors, or omission of 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 sole negligence of the Association.
2. The Tenant hereby expressly waives any and all claims of whatever nature against the Association for
any and all loss or damage to peens or property sustained from any cause whatever prior to, during,
or subsequent to the recital perldd 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.
r • r • •MTMr ••
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
shallnot 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, W ISHA, 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 government 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
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 small 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.
8. 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 all
liability for any loss, 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 drive 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 partthereof, 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.
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 attorneys' 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, corn 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.
a 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
approval is obtained from Association, Tenant shall be responsible for securing all necessary permits,
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licenses, etc.
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 Function(s) EstimAw Gueets
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.
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.
A WCENTRAL WA HINGTON FAIR ASSOCIATION
CENTRAL
WA HNGT'
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staG eral geManar
CITY CONTRACT NO. Manager
RESOLUTION NO:� Alf -A
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City Manager
3
Date I
0519YPD — Driver Course Training — North Parking Lot
III