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HomeMy WebLinkAbout2019 - Parkway Pile Up - Beer Garden Agreement 06/29/2019, Parkway Pile Up - Clearwater Steakhouse IncEAST WENATCHEE BEER GARDEN AGREEMENT 1. PARTIES. The parties to this Agreement are the City of East Wenatchee and Clearwater Steakhouse, Inc. 2. EVENT DESCRIPTION. The City grants Clearwater the right to use public right-of-way to operate a beer garden during the Parkway Pile Up on June 29, 2019. Clearwater may set up a beer garden at the location specified in Exhibit A. 3. EXPENSES. Clearwater is solely responsible for all costs and expenses associated with its operation of the Beer Garden. 4. EVENT SETUP and OPERATION. Clearwater may set up the beer garden at 4:00 p.m. on June 29, 2019. Clearwater may sell liquor consistent with its state liquor license between the hours of 4:30 p.m. and 9:00 p.m. 5. PERMITS, LICENSES and PERMISSION. Clearwater is responsible for the procurement and expenses of all licenses and permits required for use and operation of a beer garden for the purpose stated. 6. ALCOHOLIC BEVERAGE SALES. Clearwater may serve, distribute, consume or possess alcoholic beverages on the premises, only under state and local laws. Clearwater agrees it will check a customer's driver's license and will then issue the customer a bracelet verifying he or she is old enough to be served alcohol. Clearwater may not give a bracelet to anyone under the age of 21. 6.1. It will not sell alcohol to anyone not wearing a bracelet. 7. STAFFING AND OPERATIONS. Clearwater agrees to provide the following staff and services: 7.1. Clearwater must designate a representative to be the primary contact person with the City for all issues related to the operation of the Beer Garden. 7.2. The City will designate a representative to be the primary contact person with Clearwater for all issues related to operation of the Beer Garden. 7.3. During hours of operation, Clearwater must have on location at least two individuals as managers of the Beer Garden. 7.4. Clearwater shall notify the City of the names and contact information for Beer Garden Agreement Page 1 of 5 all Clearwater's managers and their hours of duty. Their role will be to patrol the area to preserve the Beer Garden as a place where the public can enjoy food, spirits and entertainment in a lively, wholesome and legal manner. 7.5. All persons dispensing alcoholic beverages must be at least 21 years old. 7.6. Clearwater must keep the beer garden neat and presentable during all open hours and clear the beer garden area of debris and leave the beer garden site "broom clean" at the end of the event. 8. INSURANCE. Public liability insurance and dram shop insurance in an amount not less than $1 million is a prerequisite to operation of the Beer Garden. Clearwater must provide a copy of the policy to the City by June 29, 2019. The policy must be purchased from an insurance company acceptable to the City and must name the City of East Wenatchee, its officers, employees and agents as additional insured. 9. CLEANUP. Clearwater must completely remove the beer garden by 10:00 p.m. on June 29, 2019. City staff will inspect the location of the beer garden to confirm it has been cleaned and returned to its pre- beer -garden condition. If the property has been damaged or if the City incurs other expenses because of Clearwater's failure to adequately perform its obligations, then a detailed list will be compiled. Clearwater agrees to reimburse the City for any costs or expenses it incurs with Clearwater's failure to return the premises in a clean condition. 10. RIGHT TO TERMINATE. The City reserves the right to terminate this agreement if it determines the continued operation of the Beer Garden presents an immediate hazard to the health, safety or welfare of the public or if the City determines Clearwater has violated any ordinance or law or committed a material breach of this agreement. 11. INDEMNITY: Clearwater agrees to defend, indemnify and hold harmless the City and its employees, directors, officers, members and agents against all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and costs), causes of action, suits, claims, demands or judgments arising from (i) injury to, or death of, any person or damage to property alleged to have been caused, in whole or part, by Clearwater's operation of the Beer Garden, or (ii) a default in the performance of any obligation on Clearwater's part to be performed under this agreement. If any action or proceeding is brought against the City by any claim for which Clearwater must indemnify the City, Clearwater, upon notice from the City, Clearwater must defend the same at Clearwater's expense by counsel satisfactory to the City. 12. ASSIGNABILITY. Clearwater may not assign its rights under this Agreement. 13. COLLATERAL CONTRACTS. Clearwater is responsible for all other contracts, obligations, and expenditures made with using the Beer Garden operation. By way of illustration and not limitation, these contracts may include licenses, insurance, special furnishings or decoration, staffing, signage, etc. 14. NONEXCLUSIVE AGREEMENT. Clearwater acknowledges this agreement is Beer Garden Agreement Page 2 of 5 nonexclusive and that the City reserves the right to establish one or more Beer Garden locations throughout the Parkway Pileup event area. Further, Clearwater acknowledges this agreement applies only to this year' s event. It is not a continuing agreement and does not grant Clearwater any priority or other right to participate in future events. 15. WAIVER. No waiver by either party of any breach of the terms and conditions shall operate or shall be construed to affect any other breach of such terms and conditions. No delay or omission by either party to exercise any right or power accorded to it under the terms shall impair any such right or power or shall be construed to be a waiver of their privilege to exercise any such right or power, and any such right or power may be exercised from time to time as often as it may be deemed expedient. 16. APPLICABLE LAW. Washington law governs all questions relating to the execution, validity, interpretation, construction and performance of this Agreement. Should any provision require judicial interpretation, the parties agree the court interpreting or construing the same shall not apply a presumption that the terms shall be more strictly construed against one party by the rule of construction that a document is construed more strictly against the party who itself or through its agent prepared the same. 17. LIMITATION OF LIABILITY. the City is not liable for incidental, consequential, indirect, special or punitive damages of any kind or for loss of revenue or loss of business arising out of or for this agreement, regardless of the form of the action, whether in contract, tort (including negligence) or otherwise and the City's liability shall not under this agreement exceed the amounts paid by Clearwater to the City under this Agreement. 18. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS. This Agreement and the documents referred to constitute the entire agreement of the parties and supersede all prior understandings. No change, modification or addition of this agreement shall be enforceable unless in writing and signed by the party against whom enforcement is sought. 19. INSPECTION. The City reserves the right to enter upon and inspect the Beer Garden premises during the Event. Clearwater, by signing this Agreement, agrees that Clearwater has read, understands, and consents to all the terms and conditions in this Agreement Beer Garden Agreement Page 3 of 5 and all other rules, regulations or policies separately provided. CITY OF EAST WENTCHEE ATTEST: By: Beer Garden Agreement Page 4 of 5 CLEARWATER STEAKHOUSE, INC. Signature: Owner Date: 06/26/2019 Federal Employee ID No.: 83-2120468