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HomeMy WebLinkAboutTri-City Dust Devils - Property Use License Agreement PROPERTY USE LICENSE AGREEMENT (Fireworks) THIS PROPERTY USE,LICENSE AGREEMENT ("Agreement") is made and entered into this / 3 day of Pta C 2013,between the City of Pasco, Washington, a Municipal Corporation("Owner"), and Tri-City Dust Devils ("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 staging of fireworks displays in conjunction with baseball games at the stadium (for which licensee is the leaseholder). On the days specified in Section III below, Licensee and Licensee's fireworks vendor are authorized to set up, stage fireworks displays and provide clean up and necessary repairs on the subject premises. SECTION III TERM OF LICENSE This license shall be effective for the following dates during the 2013 calendar year. (The last day listed in each series is allowable for clean-up and repair only.) Friday, Saturday and Sunday, June 14, June 15 and June 16 Wednesday and Thursday, July 3 and July 4 Saturday and Sunday, July 13 and July 14 Saturday and Sunday, July 20 and July 21 Saturday and Sunday, August 3 and August 4 Saturday and Sunday, August 17 and August 18 Saturday and Sunday, August 24 and August 25 Saturday and Sunday, August 31 and September 1 Monday and Tuesday, September 2 and September 3 NOTE: All are"no boom"displays. SECTION IV PUBLIC NOTIFICATION At least 10 days prior to the first fireworks display of the year,Licensee shall cause public notice, in such form as should be approved by Owner beforehand, to be given to all property owners, within one mile of the staging premises, advising them of the dates that fireworks will be displayed. Property Use License Agreement- 1 03.01.13 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 and to assure that fireworks staging is conducted only within the "area of license" as shown on Exhibit"A". Licensee shall exercise care to avoid damage to the turf or irrigation systems. Licensee shall promptly notify owner of any damage to the premises. SECTION VI 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. SECTION VII INSURANCE 1. Licensee, at its sole expense, shall place and maintain in effect throughout the tern 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 insureds using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equalivent coverage. 2. Licensee shall provide evidence that its fireworks vendor has in place and in effect, for all fireworks performances it will provide during the term of this License, 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 vendor'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 insureds using ISO Additional Insured- Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 3. Certificates of such coverage and endorsements, in form satisfactory to Owner, shall be furnished to Owner 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 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. Property Use License Agreement-2 03.01.13 SECTION VIII VENDOR LICENSE Licensee shall provide evidence to Owner that its vendor is currently licensed by the Washington State Fire Marshall to use fireworks and of all required insurance by no later than 30 days prior to each event. SECTION XI TERMINATION This license may be terminated by: 1. Written notice of either party giving not less than 90 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 X 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. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date and year first above written. DATED r4its- day of lAadi4 2013. Owner: ' f Pasc• Licensee: Tri-City Dust Devils B By: -G�� Y' C. y Ma -- President Property Use License Agreement-3 03.01.13 1 EXHIBIT A PROPERTY USE LICENSE (FIREWORKS) F - 4s r " 4 ■ w V ►. ., say g I r III I ::I P, '''--'''''' ': ' '. vw„, IN , s.. p t i i 4. to t - a fF . f i li ' , I , M 3 .� j f $ IJ 1 Jjj I t i