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HomeMy WebLinkAbout1999-05-17 - East Wenatchee Chamber of Commerce - General Agreements / General Service Agreements LICENSE AGREEMENT 1. Identification of Parties. This License Agreement is entered into on July 1, 2010 by and between the City of East Wenatchee("City") and the United States Sprint Boat Association("Licensee"or"LJSSBA"). 2. Description of Property. The City has a leasehold interest in certain real property situated in Douglas County, Washington("the Land"), which is more particularly described in Exhibit A attached to this Agreement and incorporated by reference. 3. Authority. RCW 67.28.120 authorizes the City to,jointly with any other person,operate tourism-related facilities, whether located within or without such municipality. 4. Race Event. A Sprint Boat race consists of a boat with engines that range from 500 to over 1,000 horsepower racing around a 15' wide by 3' deep track of water (approximately 800,000 gallons) shaped like a maze over a span of 4 acres of flat ground with a 70 foot offset, fenced in chain link. Boats race against the clock one at a time on the track. A race event consists of all the activities necessary to prepare for a day of scheduled boat races, at least one full day of scheduled boat races, and of all the activities necessary to clean up after a day of scheduled boat races. A race event begins 48 hours before the first scheduled race and ends 24 hours after the final scheduled race. Races for the first race event shall occur on September 4, 2010. Races for the second race event shall occur on July 2, 2011. Races for the third race event shall occur on September 3, 2011 5. Contingencies. In regards to the September 4, 2010 and the July 2, 2011 race events, all grants, obligations, considerations, conditions, and agreements set forth in this License Agreement are contingent upon the City receiving a Special Events Permit from Douglas County. In regards to all race events subsequent to July 2, 2010, all grants, obligations, considerations, conditions, and agreements set forth in this License Agreement are contingent upon the owner of the Land receiving a Conditional Use Permit from Douglas County. Collectively, these contingencies shall be known as "Government Approvals." In the event any Governmental Approvals are not granted, canceled, expire, lapse, or are otherwise withdrawn or terminated by any governmental authority so that the Land cannot be used to conduct sprint boat racing,this Licensing Agreement shall automatically terminate. In regards to all race events, the City shall, at its sole cost and expense, secure the necessary water rights to supply the race track with enough water to operate a race event. In the event the City is unable to secure the necessary water rights for a race event,this Licensing Agreement shall automatically terminate. 6. Grant of License. The City grants to Licensee a license("License")to use the Land to conduct sprint boat race events. ("Permitted Use"). Licensee may not use the Land for any other purpose or business without obtaining the City's prior written consent. License Agreement Page 1 of 6 3. Checking irrigation system; adjusting and fixing, as needed; 4. Tree care. Any materials costs, such as irrigation pipe, sprinkler heads, turf, landscape materials, etc. that are purchased by the City in providing landscaping maintenance will be reimbursed by the Chamber within thirty days following presentation of an invoice for payment. The Chamber shall be responsible for irrigation and electrical installation and monthly charges for usage. II. DURATION This Agreement shall become effective upon the City Administrator's execution of a written statement of Commencement of Agreement following completion of the Community Park. It is anticipated the Community Park will be completed in June, 1999. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party. III. ADMINISTRATION The Chamber shall designate an individual each year who shall be the Chamber liaison between the City and the Chamber for the duration of this Agreement. The City Administrator or his designee, shall be the City liaison between City and the Chamber for the duration of this Agreement. Both parties shall be deemed independent contractors for all purposes, and the employees, volunteers, or subcontractors and employees of subcontractors of either party, shall not in any manner be deemed to be employees of the other party. IV. INDEMNITY AND HOLD HARMLESS The City and its designated personnel, employees, and agents, are authorized by the Chamber as its agents to perform the services and functions authorized and contemplated by this Agreement. In accepting this Agreement, the City shall indemnify, defend and hold harmless from and against any and all claims, losses, actions, damages or liability, or any portion thereof, to persons or properties arising out of or in connection with the City's performance of the work required and described in this Agreement; provided, that with respect to the performance of said required work and as to claims against the Chamber, its officers, agents, board members and employees, the City expressly retains its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for herein does not extend to any claim brought by or on behalf of any employee of the City. THESE WAIVERS ARE MUTUALLY NEGOTIATED BY AND BETWEEN THE CHAMBER AND THE CITY. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. V. AMENDMENTS The City and the Chamber may, from time to time, request changes in the service to be performed under this Agreement. Any such changes that are mutually agreed upon by the City and the Chamber and approved by the City shall be incorporated herein by written amendment to this Agreement. It is mutually agreed and understood that no alteration or variation of the terms of this Agreement shall be valid, unless made in writing, and signed by the parties hereto, and any oral understandings or agreements not incorporated herein shall not be binding on either party. VI. SEVERABILITY Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and if there is any conflict between any provision of this Agreement and any statute, law, public regulation, or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. DATED this I L.." day of ` �'���� 1999, EAST WENATCHEE CITY OF EAST WENATCHEE CHAMBER OF COMMERCE By_ By V' ky arlen, President even y4, M or CZ86]21.I AGR/0070.001-065