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Home My WebLink About2014-06-27 - North Central Washington Gun Club - General Agreements / General Service AgreementsRANGE USE AGREEMENT 1. PARTIES: The parties to this agreement ("Agreement") are the City of East Wenatchee ("City") and the North Central Washington Gun Club, Inc. ("Gun Club") . a. THE CITY: i. The City of East Wenatchee is a municipal corporation organized according to the laws of the State of Washington. b. THE GUN CLUB: i. The Gun Club is North Central Washington Gun Club, Inc., a non- profit corporation organized according to the laws of the State of Washington. 2. RECITALS: a. The Gun Club owns a firearm range facility located at 2740 Gun Club Road, East Wenatchee. b. The officers of the City's Police Department routinely use the Gun Club facilities for training purposes. e. The City's Police Department has created a firing range on the Gun Club's property that is primarily used by East Wenatchee Police Officers. The area of this firing range is approximately 12,000 square feet. d. To maintain a safe training area and to reduce the risk of fire hazard, the City has used City equipment and employees to apply weed control chemicals to the City's area of use. e. The parties have heretofore proceeded pursuant to a Firearms Use Agreement dated January 1, 2008 having a term commencing January 1 2008 and ending December 31, 2010. f. The parties wish to amend and extend said Firearms Use Agreement .pursuant to this Agreement. NOW, THEREFORE, inconsideration of the terms, conditions, covenants, and performance of the scope of work contained herein, as attached and made a part hereof, the City and Gun Club mutually agree as follows. 1. TERM: The term of this Agreement shall be from January 1, 2014 to December 31, 2017. 2. USER FEE: The City agrees to pay the Gun Club a flat fee of $910.00 annually. 3. AUTHORIZED LAW ENFORCEMENT EMPLOYEES: Each year during the term of this Agreement on or before January 31, the City shall supply the Gun Club a list of authorized LEO's. The Gun Club shall issue a LAW ENFORCEMENT MEMBERSHIP CARD (Card) to each authorized LEO of the City. This card entitles each card holder to participate in scheduled firearms training activities at the Gun Club's facility conducted by the East Wenatchee Police Department. 4. SCHEDULING OF RANGE FACILITIES: Each year on or before January 31, the City shall supply a yearly schedule of dates for intended use. In case of conflicting dates, every effort shall be made to give the City priority and/or an alternative date that is mutually acceptable to the parties. 5. LEO RANGE USE OTHER THAN SCHEDULED EVENTS: Any LEO covered under this agreement may use the range by following the same rules, regulations and policies set forth by the N.C.W. Gun Club for its members. 6. HOLD HARMLESS: The City agrees to defend, indemnify, and hold harmless the Gun Club, its officers, employees, representatives, and agents from and against all claims for bodily or personal injury or property damage resulting from the City's use of the firing range and its performance under this Agreement. 7. ASSIGNMENT: Neither party to the Agreement shall assign this Agreement without the written consent of the other, nor shall the Gun Club assign any monies due or to --become due to the Gun Club hereunder, without the previous written consent of the the City. S. GENERAL PROVISIONS: a. Governing Law: The laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. b. Full Agreement: This Agreement and all attachments form all of the covenants, promises, agreements and conditions, between the parties. All attachments and addendums are incorporated herein by this reference, and shall be a part of such agreement. In the event of discrepancy between the documents such addendums and attachments shall prevail over the Agreement. This Agreement, including all attachments set forth the relationship between the City and Gun Club and specific obligations of the parties. c. Full Force and Effect: If any provision of this Agreement is declared invalid, the remaining provisions shall remain in full force and effect. d. Survivability: The obligation of the Gun Club under all provisions of this Agreement, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agreement, shall survive the completion, termination, or cancelation of this Agreement. e. Executory Use Agreement: This Agreement will be considered valid once signed by both parties. f. Authority: Each individual executing this Agreement on behalf of a party represents and warrants that such individuals are duly authorized to execute and deliver this Agreement. g. Binding Effect: The provisions, covenants, and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns. h. Modification: This agreement constitutes the entire agreement between the parties. Neither party may alter or modify this Agreement without the specific prior written consent of the other party. LESSOR: NORTH CENTRAL WASHINGTON GUN CLUB, INC. a Washington Corporation and authorized by Written Board Resolution #_ /A By: Mike Spr ,Its President Date: lye \I + By: James E. Davis, Its Treasurer D ate: Jwk- -;�-1 X) 14 LESSEE: CITY OF EAST/1%WNATCHEE a -MUNICIPAL CORPORATION 0 Steven C. Lacy, Its May FFri 1 Date: �� ' I Dana Barnard, Its City Clerk Date: ��®�L/ State of Washington County of bul&n I certify that I know or have satisfactory evidence that Mike Sprague and James E. Davis are the persons who appeared before me and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the president and treasurer of the North Central Washington Gun Club, Inc. to be the free and voluntary act of such party for the uses and purposed mentioned in the instrument. ``sNNN►\\\%11111 11 —per �►,,� (j? i CS ' i ~* smi # IllSHNG��`'' State County of Douglas Dated Le - 2l - ) "1 Signature My Appointment Expires I cert' at I know or have satisfactory evidence that St n C. Lacy and Dana Barnard are the perso who appeared before me and said p ons acknowledge that they signed this instrument, o oath stated that they were au rized to execute the instrument and acknowledged it as the or and City Clerk of st Wenatchee to be free and voluntary act of such party for the uses an urposed me oned in the instrument. ted (-P - 'Z 1- 4 Signature My Appointment Expir _C�o STATE OF WASHINGTON ) ss COUNTY OF DOUGLAS ) I certify that I know, or have satisfactory evidence that Steven C. Lacy and Dana Barnard are the persons who appeared before me, and said persons acknowledge that they signed this instrument and on oath stated that they were authorized to execute the instrument and acknowledged it as Mayor and City Clerk of East Wenatchee, to be free and voluntary act of such party for the uses an purposes therein mentioned in the instrument. Dated this �� day of ajl.2- 520 . NOTARY PUBLIC in and for the State of Washington, Shawn M. Murison residing in: Chelan Coun my commission ending: June 1, 2015 I Personnel Number & OMcers Name 1-DO-1 Chief Harrison nd I-DO-2 Asst. Chf Reierson an 1-DO-3 SGT. Coble I-DO-4 SGT. Dierin er an 1-DO-5 SGT. Schreiber ave 1-DO-6 . Gregory ell 1-DO-7 Dki Patterson hristy I-DO-8 Renggli re I-DO-9 DUr. Darnell arin 1-DO-10 Le de eeon 1-DO-I1 Redfield m(Bill) 1-DO-12 Lucas dre 1-DO-13 1-DO-14 Knouf Carrie 1-DO-15 Marshall --amen 1-DO-16 Phillips John 1-DO-17 Robins Mike 1-DO-18 Fauconnier Ben 1-DO-19 Hinkle I-DO-20 Johnson ndon 1-DO-21 howninId il 1-DO-22 Mott k 1-DO-80 Everett ob 1-DO-81 Torres ose 1-DO-82 Auvil ike