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HomeMy WebLinkAboutDescendants of the Republic 1776 - The Kidz Dig Rigz Event - Property Use AgreementPROPERTY USE LICENSE AGREEMENT (Parking Lot) GESA Stadium, 6200 Burden Blvd Pasco, WA 99301 THIS PROPERTY USE LICENSE AGREEMENT ("Agreement") is made and entered into this y day of Apr, 1 2023, between the City of Pasco, Washington, a Municipal Corporation (" wner"), and Descendants of the Republic 1776_.("Licensee"), and designates the terms below for and in consideration of the mutual covenants contained herein, and agreement as follows: SECTION I GRANT OF LICENSE Subject to and upon the terms set forth herein, the Owner grants to Licensee a permissive nonexclusive license to use, for the specific purposes provided below, the property as described in the attached Exhibit "A". SECTION II PURPOSE OF LICENSE This license is granted to allow Licensee to utilize the premises for the Kidz Dip, Event which includes vehicle display. vendors, parking and for no other use or purpose without owner's prior written consent. On the days specified in Section III below, Licensee is authorized to set up, stage event and provide clean up and necessary repairs on the subject premises. SECTION III TERM OF LICENSE This license shall be effective Friday May 51h at 1:09pm through Sunday, May 71h at 8:00pm_, 2023, only. SECTION IV LICENSE FEE/DEPOSIT 1. Licensee shall, upon execution hereof, pay to the Owner, the sum of one hundred and fifty dollars ($150.00) in consideration of the grant of this license. 2. Upon execution of this license, Licensee shall deposit the sum of five hundred dollars ($500.00) with Owner as a security deposit. This sum shall guarantee Licensee's performance of its obligations hereunder. If Licensee fails to perform any of its obligations hereunder, Owner may apply the appropriate portion of the security deposit to cure the default or to compensate the Owner for damage sustained as a result of Licensee's default. If Licensee fully performs its obligations under this license, the deposit, or any balance thereof, shall be returned to the Licensee at the expiration of this license. Property Use License Agreement - 1 SECTION V CONDITIONS OF USE AND IMPROVEMENTS All uses and improvements on the premises shall be maintained by the Licensee in good, orderly, and functional condition, free of all litter and debris, obstructions or any condition that may represent a hazard to the public. Licensee shall exercise care to avoid damage to the property and/or improvements. Licensee shall promptly notify Owner of any damage to the premises. SECTION VI SPECIAL CONDITIONS 1. No asphalt penetrations. 2. Event must be complete by 5_00 p.m. Clean-up to follow and be completed by 8:00pm. 3. Submit a Special Event Permit to the City for review and obtain a Special Event Permit from the City. SECTION VII INDEMNIFICATION Licensee shall be responsible for any and all costs, damages, or expenses arising from its use of the premises and agrees to defend, indemnify and hold Owner, its employees, officers and agents harmless from and against any loss, costs, damage, injury, expenses, claims, judgments, and causes of action the Owner may incur arising out of or in connection with the Licensee's use of the premises, except to the extent that such are due to the gross negligence or willful misconduct of Owner, its employees, agents or assigns. SECTION VIII INSURANCE 1. Licensee, at its sole expense, shall place and maintain in effect throughout the term of this License the following insurance (collectively, the "Insurance"): Commercial general liability insurance with limits of not less than $1,000,000 each occurrence and $2,000,000 in the aggregate, written on Insurance Services Office (ISO) occurrence form CG 00 01, insuring against all liability arising out of and in connection with Licensee's use and occupancy of the Premises and with Licensee's exercise of its rights granted under this License, including premises and contractual liability and naming Owner and its employees, officers and agents as Additional Insured using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Certificates of such coverage and endorsements, in form satisfactory to Owner, shall be furnished to Owner prior to exercise of the rights granted by this license and each shall provide that said coverage will not be changed or cancelled without forty-five (45) days written notice to Owner. Licensee's insurance coverage and Vendor's coverage shall be primary as respects Owner. Any insurance, self-insurance or insurance pool coverage maintained by Owner Property Use License Agreement - 2 shall be excess of Licensee's and Vendor's insurance and shall not contribute with it. All insurance shall be placed with insurers with a current A. M. Best rating of not less than A:VII. SECTION IX COMPLIANCE WITH LAW Licensee shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the property or licensee's use thereof. SECTION X TERMINATION This license may be terminated by: 1. Written notice of either party giving not less than thirty (30) days notice of its intent to terminate the agreement. 2. Substantial change in the premises, the laws and regulations and standards applicable to the use of the premises which are inconsistent with the grant of this license. 3. Default by the Licensee of any terms of this Agreement which remain uncured ten (10) days after notice of such default has been given by the Owner; or 4. Expiration of the initial term. SECTION XI GENERAL PROVISIONS For this purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington will apply, and the prevailing party will be entitled to additional judgment against the other of its reasonable attorney fees and costs. SECTION XII FORCE MAJEURE If the Event does not take place, in whole or in part or if either Party cannot perform under this Agreement, due to any act of god or other force majeure event including, but not limited to, severe weather, fire, flood, strike, labor dispute, civil commotion, riot or threat of violence epidemic/pandemic or similar cause beyond the control of the parties, then the parties will negotiate in good faith regarding rescheduling the Event if possible. In the event that rescheduling the Event is not practical, the Parties shall mitigate costs and agree on a reasonable reduction to the Fee. Notwithstanding the foregoing, the parties acknowledge that as of execution of this Agreement, COVID- 19 is deemed a pandemic, and the risks associated with COVID-19 are known and have been accepted by the Parties in deciding to enter into this Agreement. Accordingly, the Parties agree that COVID-19 shall not be deemed a Force Majeure event unless there are subsequent event(s) (e.g. new government orders restricting travel or gatherings) which directly affect a Party's ability to perform under this Agreement. Property Use License Agreement - 3 IN WITNESS WHEREOF, the parties have executed this License Agreement on the date and year first above written. DATED this day of v i' 2023. Owner: Ci of Pasco Sign: N. Zach gA6i, Director Administrative & Community Services Licensee: Descendants of the Renublic 1776 Sign• � �-„�-. �c/� �—�� PhR/ Title: � P"� �hvn,� • S6 5 - 36 2- % 70 Email. 'm ow Property Use License Agreement - 4 fL. Ap r— I CD co (D :1 N CL N cn CD CD yl