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Home My WebLink AboutShelton Farmers Market IVII.LUnUdLI ff17-U44 • AGREEMENT FOR PARKING LOT USE BETWEEN MASON COUNTY and the City of Shelton WHEREAS, THIS AGREEMENT made this day by and between Mason County, 411 N Fifth Street, Shelton,WA 98584,(hereinafter"MC"),and Shelton Farmers Market,PO Box 1061,Shelton,WA 98584 (hereinafter"SFM"). WHEREAS, MC is the owner of District Court Building(Ten) 10, which is a vacant building located at 414 W Franklin Street, Shelton, WA 98584. SFM desires to use the Building (Ten) 10 parking lot to accommodate vendors,participants and spectators for the Shelton Farmers Market. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. The initial term of this AGREEMENT shall be for the use of the parking lot facilities on the dates of June 1,2019 and June 15,2019 only.The term,mutual promises and covenants contained herein of this AGREEMENT may be extended or modified by written consent from both parties,MC and SFM. 2. Immediate revocation in the event of a violation of any of the terms and conditions of this AGREEMENT; 3. In the event such use shall become, for any reason, dangerous or any structure of obstruction permitted shall become insecure or unsafe,will result in immediate revocation,without notice. 4. If any use or occupancy for which this AGREEMENT has been revoked is not immediately discontinued, MC may remove any such structure or obstruct or cause to be made such repairs upon the structure or obstruction as may be necessary to render the same secure and safe,or adjourn any special event the cost of expense of which shall assessed against SFM, including all professional fees associated with enforcement of the collection of the same. 5. SFM accepts and agrees to use the parking lot "as is". MC will not be required to maintain the parking lot and any improvements to the parking lot shall be at the expense of SFM.Prior to making any significant repair or modification to the parking lot,SFM shall obtain the consent of MC.SFM acknowledges that in the event of demolition and/or renovation of Building (Ten) 10 during the period of this AGREEMENT, the parking area may be altered or damaged. During the period of demolition and/or renovation MC may give SFM written notice and suspend SFM's use of the parking lot during the demolition/renovation period.MC shall not be required to repair the parking lot as a result of any such damage. MC shall not be responsible for repaving the lot, should it become damaged while being used by SFM. 6. SFM agrees to provide a minimum of a 20(twenty)foot emergency access for Law Enforcement, Fire and Medic units on ALL of the affected streets. The 20 (twenty) foot access shall not be encroached upon by any booth or activity. SFM will ensure that all fire hydrants and Fire Department Connections are accessible and NOT obstructed by vehicles or displays. 7. SFM will ensure that"Responsible Parties"are readily identifiable by the use of, and waring of a high-visibility vest,or other means of identification,by Emergency Services Personnel(Law,Fire, EMS), if necessary. 8. If there are temporary vendors participating in the SFM event, SFM agrees to submit a listing of all temporary vendors and their contact information to Frank Pinter. Any food vendors cooking food using portable gas-fueled equipment shall provide not less than one(1)fire extinguisher rated 2A, 1 OB:C(5#Dry Chemical).Vendors utilizing deep-frying equipment shall provide a Class"K" fire extinguisher IN ADDITION TO the fire extinguisher required above. Portable LPG cylinders (5 gals or more) used for fuel for gas-fueled equipment shall be stored not less than 5 feet from open flame or equipment. Electrical appliances and extension cords, if used, shall be free of mechanical defects,the size(ampacity)of the cord shall not be less than the appliance supplied by the cord. 9. Must ensure adequate clearance on all sidewalks for pedestrians per ADA requirements. Maintain access/control of participants in the event of a fire/medical response. 10. SFM will provide sufficient event personnel for crowd control and parking requirements. 11. All animals much be under physical control of owner. Pet waste must be immediately cleaned up and disposed of. 12. SFM shall be responsible for providing sufficient sanitation facilities, additional trash receptacles and any required minor maintenance of the parking lot such as trash removal. SFM shall provide for post even clean up,and agrees to pay MC for all work at the County's actual cost for labor and materials for any clean up necessary following the even using the County's rates for performing such work. 13. SFM agrees to comply with Mason County Code 9.44.041, which prohibits smoking on County facilities,and 14. The consumption and/or sale of alcohol is prohibited on all MC facilities and/or properties, including but not limited to Building 10 Parking Lot located at 414 W Franklin Street,Shelton,WA 98584. 15. To the fullest extent permitted by law,SFM and its employees,vendors,participants,agents and/or volunteers agree to indemnify, defend and hold MC and its departments, elected and appointed officials,employees,agents and volunteers,harmless from and against any and all claims,damages, losses and expenses,including but not limited to court costs,attomey's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom),which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of SFM, its employees, vendors, participants, agents and/or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this AGREEMENT; or 3) are based upon SFM's and its employees, vendors, participants, agents and/or volunteers use of, presence upon or proximity to the property of MC. This indemnification obligation of SFM shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of MC.This indemnification obligation of SFM shall not be limited in any way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and SFM hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of SFM are a material inducement to MC to enter into this AGREEMENT, are reflected in SFM's compensation,and have been mutually negotiated by the parties.MC reserves the right,but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of SFM's indemnity obligations under this l AGREEMENT. SFM agrees all SFM's indemnity obligations shall survive the completion, expiration or termination of this AGREEMENT. In the event SFM enters into subcontracts with vendors to the extent allowed under this AGREEMENT, SFM's vendors shall indemnify MC on a basis equal to or exceeding SFM's indemnity obligations to MC. 16. SFM agrees to provide evidence of the insurance required herein no later than ten(10)days before the event, satisfactory to MC, consisting of: Certificate(s) of Insurance naming Mason County as an additional insured. Limits shall be no less than$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Any actual or alleged failure on the part of MC, under these requirements, to obtain proof of insurance required under this AGREEMENT in no way waives any right or remedy of MC, in this or in any other regard. 17. SFM will pay a total of twenty-five($25)dollars for use of the Building 10 parking lot on 6/1/2019 and 6/15/2019. If both parties agree to extend the duration of this AGREEMENT, compensation for the use of the Building 10 parking lot by SFM will be renegotiated for future dates. 18. Non-Compliance with any of the above may result in closure of the booth or activity until compliance is realized. IN WITNESS WHEREOF, COUNTY and the City of Shelton have executed this AGREEMENT as of the date and year last written below. SHELTON FARMERS MARKET BOARD OF COUNTY COMMISSIONERS SHE TON, WASHINGTON MASON COUNTY, WASHINGTON Miles Batchelder Randy Neatherlin, 'stri #1 Commissione SFM Primary Contact's Kevin Shutty, strict#2 Information: Commissio r, Chair Miles Batchelder, Administrator, Shelton Farmers Market, PO Box 1061, Sharon Trask, District#3 Shelton, WA 98584, Commissioner, Vice-Chair 360-764-6381, drybedcreek@gmail.com Approved as to form: Timothy Whitehead Chief Deputy Prosecuting Attorney