HomeMy WebLinkAboutTri-City Dust Devils 2014 Fireworks AgreementPROPERTY USE LICENSE AGREEMENT
(Fireworks)
THIS PROPERTY USE LICENSE AGREEMENT ("Agreement ") is made and entered into
this 31 day of )AQ f-- 2014, 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 2014 calendar year. (The last
day listed in each series is allowable for clean-up and repair only.)
Wednesday and Thursday, June 18 and June 19
Saturday and Sunday, June 21 and June 22
Thursday and Friday July 3 and July 4
Saturday and Sunday, July 12 and July 13
Saturday and Sunday, July 19 and July 20
Saturday and Sunday, August 2 and August 3
Saturday and Sunday, August 9 and August 10
Thursday and Friday, August 14 and August 15
Saturday and Sunday, August 30 and August 31
Monday and Tuesday, September 1 and September 2
NOTE: All are "no boom" displays.
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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.
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 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 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.
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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 raring of not less than A: VII.
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 this 3 /
day of MQ / 2014.
Licensee: Tri -City Dust Devils
By:
President
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