Pend Oreille County Fair
Cusick, Washington

PEND OREILLE FAIRGROUNDS
FACILITY USE AGREEMENT

The following agreement and terms set forth herein in said Use Agreement are by and between the Pend Oreille County Fairgrounds Management and

Name: (Lessee)
Address:
City: State:   Zip:
Phone: Today's Date:

Facility:
Rental Dates:

Rental fees must be paid prior to taking possession of the facility. A damage/clean-up fee of will be required at the time of signing the agreement. This fee is completely refundable providing the following requirements are met:

1. All garbage will be hauled off by the Lessee, unless other arrangements have been made and noted in this agreement. Lessee is also responsible for grounds clean up - if litter is left on grounds, all or a portion of the deposit may be withheld.
2. Floors in all buildings used are to be swept and mopped after each event. Mops, buckets and brooms will be provided.
3. Parking lot is to be cleaned. All litter must be removed by the Lessee, unless other arrangements have been made and noted in this agreement.
4. Any damages sustained to the buildings and surrounding property shall be responsibility of the Lessee.

Lessees rights and privileges pursuant to this agreement exist only during the dates of rental herein agreed upon.

Lessee has the duty to immediately notify Fair Management of any damage, alteration, modification, malfunction, loss or theft regarding fairgrounds property, equipment, or fixtures, etc. Lessee agrees not to modify, alter, damage or remove any fairgrounds property, fixtures, equipment. The Lessee hereby agrees to pay repair and/or replacement cost of said damaged property upon demand by Fair Management. The Fair Board, or its authorized designee, shall be responsible for actually making repairs or replacements to fairgrounds property. The Fair Boards duty to repair does not include damage caused by the Lessee. At no time shall the failure by the Pend Oreille County Fair Board to replace or repair Lessee-damaged property cause the Fair Board to be in violation of the terms of this Use Agreement.

The Fairgrounds will pay for utilities such as water and electricity furnished to the fairgrounds.

Camping facilities shall include limited electricity and water. Electric and water hookups are limited to availability. The charge for camping is $12.00 per night per camping unit with hookups and $10.00 per night per camping unit without hookups. Lessee is responsible for handling all camping reservations, parking campers and collecting camping fees. Payment must be received in the fairgrounds office the first Monday following the event. Lessee must notify the fairgrounds office as to how many campsites will be needed. If notification is not made, fairgrounds cannot guarantee space if there are conflicts with the watering and mowing schedules. Water spigots, which are tagged, are irrigation water lines --DO NOT DRINK--  from these spigots.  Potable water spigots are colored blue or silver.

Use of restrooms, entertainment center and park are included, at no cost, with this agreement. The Kitchen is provided at the rates indicated on Schedule 1 attached hereto.

Lessee shall assume and pay all costs and charges incurred in staging events on fairgrounds. Lessee shall vacate the fairgrounds facilities the day following the event by 10:00 a.m., or pay an additional days rent. Lessee will be given twenty-four hours to return all keys or charged $20.00 for each day the keys are out past the deadline.

Lessee shall comply with all state and county fire laws. No open fires are allowed or use of any equipment that might damage the grass. Lessee shall collect and pay all federal, state and county taxes and all income payroll taxes when applicable. The use and possession of the fairgrounds by Lessee shall comply with all local ordinances and state law. Said use and possession by Lessee shall only be conducted in a decent, non-offensive manner and the fairgrounds facility shall be kept only in a clean, sanitary and neat manner.

No alcoholic beverages of any kind or nature shall be displayed or consumed on public view within the fairgrounds with the exception of groups having a banquet liquor license issued by the state liquor board. Intoxicate persons are forbidden on the fairgrounds. Persons violating these regulations are subject to removal from fairgrounds property and are subject to having their right to use the premises revoked.

No person except law enforcement officers shall discharge or shoot any firearms or explosives from or into the fairgrounds. Slingshots, BB guns, air guns and bows and arrows will not be permitted on any part of the fairgrounds. Fireworks and/or above listed weapons or discharge of same is prohibited from the fairgrounds, except for public displays authorized by the Fair Manager and Pend Oreille County Fire Marshall.

Lessee may contract for food concessions or catering. If the concession is operated by any group or concessionaire other than the Lessee, 10% of gross sales are payable to the Pend Oreille County Fairgrounds. Lessee is responsible for notifying Concessionaire of the 10% payable. Concessionaire is responsible for paying directly to the Pend Oreille County Fairgrounds the 10%.

Lessee hereby agrees that during event operation hours, noise levels shall not interfere with the peace and quiet, use and enjoyment of the surrounding neighborhood. Hours of event operation are strictly limited to 8 a.m. until 10 p.m. Sundays through Thursdays and 8 a.m. until 12 midnight Fridays and Saturdays.

If Lessee charges a gate fee for its event, 10% of the gross fees collected are payable to the Pend Oreille County Fair per event and due upon the Monday following the event. Said gate fees include any parking fees collected by the Lessee.

Lessee has examined the premises and accepts the same as its usual condition and as suitable for all Lessees uses and purposes.

This agreement shall automatically terminate and the parties shall be relieved from performing the terms of this agreement upon destruction of the premises by fire, flood, earthquake or other force of nature.

The Lessee hereby agrees to indemnify, save and hold harmless the Pend Oreille County Fairgrounds, Pend Oreille County Fair Board, Pend Oreille County and all agents, officers and employees thereof against any and all claims arising from the conduct or management of or from any work or things whatsoever done in or about the Pend Oreille County Fairgrounds, premises, or any building or structure thereon, equipment thereof during the term of the agreement between the Lesser and the Lessee. The Lessee further agrees to indemnify, save and hold harmless the Pend Oreille County Fairgrounds, Pend Oreille County Fair Board, Pend Oreille County, and any and all agents, employees, and officers there of against any and all claims arising during the term of said agreement as a result of any condition of the premises of any appurtenances thereto, or arising from any act of negligence of the Lessee of any of its agents, contractors, or employees, or concessionaires, arising from any accident, injury or damage whatsoever caused to any person or persons or to the property of any person on, in, and against all cost, counsel fees, expenses, and liabilities uncured in or about any such claims or any action proceeding brought thereon.

Lessee shall furnish to Pend Oreille County Fairgrounds no later than ten (10) days prior to scheduled event a certificate of insurance naming Pend Oreille County and the Pend Oreille County Fair Board as additional insured with the following coverage: $2,000,000 aggregate liability, $1,000,000 each occurrence and $1,000,000 personal injury. Failure to furnish the certificate ten (10) days or more prior to scheduled event will cause the Pend Oreille County Fairgrounds to refuse possession of the premises.

Lessee hereby agrees that the terms and conditions of the Use Agreement cannot be changed, modified or deleted without the express prior written consent of the Pend Oreille County Fair Board or Fairgrounds Management.

Lessee hereby agrees that no portion of this agreement can be assigned, conveyed or transferred without the express prior written consent of the Pend Oreille County Fair Board or Fairgrounds Management and further, that no fairgrounds property or facilities subject hereto can be subleased by the Lessee without the express prior written consent of the Pend Oreille County Fair Board or Fairgrounds Management.

Lessee hereby agrees that any property left behind by Lessee or Lessees guests or concessionaires can be disposed of after thirty days by the Pend Oreille County Fair Board, in a manner within the discretion of the Pend Oreille County Fair Board or Fairgrounds Management.

Pend Oreille County Fair Board and Pend Oreille County shall have at all times while Lessee is in possession and during the term of the Use Agreement, the right to access the Pend Oreille County Fairgrounds and all of the Pend Oreille County Fairgrounds facilities without any consent or prior notice required from Lessee. Said access right shall not be exercised as to unreasonably interfere with Lessees lease rights and purposes of the Use Agreement.

Violation of any terms and conditions of this Use Agreement shall constitute grounds for immediate expulsion of Lessee from the Pend Oreille County Fairgrounds and all Pend Oreille County Fairgrounds facilities at the discretion of the Pend Oreille County Fair Board or Fairgrounds Management. Violation of any terms or conditions of the Use Agreement shall also constitute the automatic termination of the Use Agreement.

The parties hereby agree that service of any notice that may become necessary shall be to the addresses indicated within this written Use Agreement.

Both parties understand that they have read and shall abide by said terms as set forth in the Use Agreement.

Signed this day of  , 200 .

Pend Oreille County Fairgrounds
Schedule 1
Addendum to Facility Use Agreement

EVENT:

RESPONSIBLE PARTY/GROUP:

DATE OF EVENT:

FACILITIES LEASED

CAMPING: $12.00 per campsite per day (water and electricity included) or $10.00 per campsite per day (no water or electricity).
Estimated number of campsites:

SPECIAL REQUIREMENTS:
A rate of $00 per day with a deposit is required as agreed upon by Manager. This includes the use of tables and chairs.

However Lessee will assist in setting up and taking down of tables and chairs. The Fairgrounds will provide garbage cans and liners. Proof of Liability Insurance required prior to rental of ground. Any unauthorized long distance calls will be billed to lessee.

Preparation, repairs and maintenance by Fairgrounds personnel available @ $15.00/man/hour, if needed, I agree to the above-stated terms and rates as presented.

CONCESSIONAIRE AGREEMENT
(only applicable if lessee contracts for concessions or catering)

Name:
Address:
City: State: Zip:
Event: Today's Date:

I understand that gross food concessions sales of 10% are due the first Monday following the above referenced event. I agree to pay this 10% of my gross sales to the Pend Oreille County Fairgrounds.

Signed:
Title:

Receipt #:   Amount:   Date: