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Home My WebLink AboutDust Devils Fireworks PULA 04.29.21PROPERTY USE LICENSE AGREEMENT Fireworks) TH)); PROPE USE LICENSE AGREEMENT (" Agreement") is made and entered into this U ? day of ly, '/ 2021, between the City of Pasco, Washington, a Municipal Corporation ("Owner"),ndTri-City Dust Devils ("Licensee"), and designates the termsbelow forand in consideration of the mutual covenants contained herein, and agreement as follows: SECTIONIGRANTOFLICENSE Subject to andupon the terms set forth herein, the Owner grants to Licensee a permissive nonexclusive license to use, for the specific purposes provided below, thepropertyas described in the attached Exhibit "A". SECTIONIIPURPOSEOFLICENSE 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 (forwhich licensee is the leaseholder). On the days specified in Section III below, Licensee and Licensee's fireworks vendor are authorized to set up, stage fireworksdisplay and provide clean up and necessaryrepairs on the subject premises. SECTIONIIITERMOFLICENSE This license shall be effectivefor the followingdates during the2021 calendar year. (The last day listed in each series is allowable for clean-upandrepair only.) Tuesday, Wednesday, May 4, 5 Saturday, Sunday, June 19, 20 - See email last page Saturday, Sunday, June 26, 27 Saturday, Sunday, July 10, 11 Friday, Saturday, July 23, 24 Saturday, Sunday,Augustl4, 15 Saturday, Sunday, August 28, 29 Friday, Saturday, Sept 10, 11 Sunday,Monday,Sept l2, 13 Saturday, Sunday, Sept 18, 19 NOTE: All are "no boom" displays. Any scheduled date in this section may be changed by the Licensee with 14 days prior notice to the City. PropertyUse License Agreement - 1 04.21.21 - See email last page 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, advising of the dates that fireworks will be displayed. Any change in date(s) as allowed for in SECTION III are subject to new public notification 10 days prior to the new date(s). 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 equivalent 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. Property Use License Agreement - 2 04.21.21 3. Certificates of such coverage and endorsements, in form satisfactory to Owner, shall be fumished 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. 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 _2 i day of " f 2021. Owner- * RatkAdmz'Wstralfive By: N. ch & Community Services Director Lice '-Ci t Dev' B Derrel Ebert, VP/General Manager Property Use License Agreement - 3 04.21.21 EXHIBIT A PROPERTY USE LICENSE FIREWORKS) 3C D+ AREA OF LICENSE r HATTRIC-01 HAP CERTIFICATEACORCERTIFICATEOFLIABILITYINSURANCE DATE(MMIDDIYYY1f) 12/31/2020 THIS CERTIFICAT= IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE"'--SES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER O cT Brenda Hatch, CIC Alliant Insurance Services, Inc. PHONE : ( 509) 343-9287 FAX No :[509 325-1803818WRiversideAveSte800GNo, Spokane, WA 99201 L . Brenda.Hatch@alliant.com INSURED INSURER a : t000'lNorthwest Baseball Ventures I LLC dba Tri-City Dust Devels INSURER C : Baseball 700 W Mallon INSURER D : Spokane, WA 99201 INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE Iuiuiilnitiri I POLICY NUMBER 1 tiuinnrr`rivs 1 ria 1 Lmffs COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Ppa LOC X .,, Event A I AUTOMOBILE LIABiLfrY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUUT OSyN.. X AUTOS ONLY X AUTOS yONLY A X UMBRELLA LIAB X OCCUR EXCESS LIAR CLAIMS -MADE X DED X RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below UB751976 1/1/2021 1 111/2022 1/1/2021 ' 111/2022 1/1/2021 V1/1/2022 MED EXP 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required The City of Pasco is additional insured as respects general liability, but only as respects the liability arising out of the negligence of the named insured. Umbrella follows form City of Pasco 525 N 3rd Ave Pasco, WA 99301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From:Sandy Kenworthy To:Derrel Ebert Subject:RE: Dust Devils Fireworks Agreement Date:Monday, June 14, 2021 10:00:00 AM Derrel, Thanks for the update. I will file your email with the agreement. Sandy Kenworthy 509.543.5757 This e-mail and any response to this e-mail may be a public record under RCW 42.56 and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. Original Message----- From: Derrel Ebert <debert@dustdevilsbaseball.com> Sent: Friday, June 11, 2021 10:26 PM To: Sandy Kenworthy <KENWORTHYS@pasco-wa.gov> Subject: RE: Dust Devils Fireworks Agreement NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Sandy, I wanted to give you a heads up that we will not be having our fireworks show on the 19th of June and instead will have that show on July 6th. We will send out a new announcement in the Herald next week. Thanks Sandy! Derrel DERREL EBERT Vice President - General Manger GESA STADIUM 6200 Burden Blvd, Pasco, WA 99301 Phone: (509) 544-8789 | Fax: (509) 547-9570 Original Message----- From: Sandy Kenworthy [mailto:KENWORTHYS@pasco-wa.gov] Sent: Thursday, April 29, 2021 3:32 PM To: 'Derrel Ebert' Subject: Dust Devils Fireworks Agreement Derrel, Attached is the fully executed Fireworks Agreement. Thanks. cid:image003.png@01D73D0C.C669E6D0]<http://www.pasco-wa.gov/> Sandy Kenworthy Admin Assistant II 1 Sandy Kenworthy From:Derrel Ebert <debert@dustdevilsbaseball.com> Sent:Tuesday, August 3, 2021 10:14 AM To:Sandy Kenworthy Subject:RE: Dust Devils remaining fireworks NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Yes that is correct Sent from my Verizon,Samsung Galaxy smartphone Original message From:Sandy Kenworthy KENWORTHYS@pasco wa.gov> Date:8/3/21 9:56 AM GMT 08:00) To:Derrel Ebert debert@dustdevilsbaseball.com> Subject:RE:Dust Devils remaining fireworks Thanks Are you adding August 12 in place of Sept 12? Sandy Kenworthy 509.543.5757 This e mail and any response to this e mail may be a public record under RCW 42.56 and subject to inspection and copying by the public upon request.Accordingly,there can be no expectation of privacy. 2 From:Derrel Ebert debert@dustdevilsbaseball.com> Sent:Tuesday,August 3,2021 9:04 AM To:Sandy Kenworthy KENWORTHYS@pasco wa.gov> Subject:Dust Devils remaining fireworks NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Sandy, In an effort to make sure we don’t mess anything up with our dates I wanted to send you our remaining five dates to ensure we are on the same page. August 12,14,28 September 10,18 I am also going to send out another public notice in the paper to ensure the public has a chance to know the final dates. Thanks! Derrel DERREL EBERT