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Carnival Agreement
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2020-03-03 10:00 AM - Commissioners' Agenda
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Carnival Agreement
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Last modified
2/27/2020 12:56:13 PM
Creation date
2/27/2020 12:55:50 PM
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Meeting
Date
3/3/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
i
Item
Request to Approve an Agreement for Operation of Carnival and Related Facilities at the Kittitas County Fair
Order
9
Placement
Consent Agenda
Row ID
60407
Type
Agreement
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(c)Approval of all amusement rides and concessions shall be at the sole <br />discretion of the County.Only Licensee and wholly owned equipment will be used to service <br />this agreement.Any request for sub-contracting must be submitted by June 15 of each year with <br />type of equipment and who owns equipment explained.Failure of Licensee to submit the listings <br />as required by this paragraph shall constitute a breach of this agreement. <br />(d)The Licensee,with written consent of the County may add additional or <br />substitute amusement rides,of their own,up to seven (7)days prior to the fair when,in the <br />opinion of the County,such addition or substitution would materially enhance the overall quality <br />of the fair. <br />6.5 Annual Review.There will be an annual review for a period of forty-five (45)days after the <br />close of each fair during which either party may cancel this agreement.Written notice of such <br />cancellation shall be effective if mailed to the other party within the same time period by <br />certified or registered mail. <br />6.6 Approvals ConditionaL Any approval by County under this agreement is conditioned upon <br />the amusement rides and concessions meeting the requirements of all federal,state and local <br />laws and the County reserves the right at any time without liability or penalty,to disapprove any <br />ride or concession upon its sole determination that there is or may be a violation of any law.The <br />responsibility and cost of obtaining any and all permits as may be necessary to assure <br />compliance with law shall be borne entirely by the Licensee. <br />6.7 Compliance with Law Required.Licensee covenants that its carnival and all amusement <br />rides,novelty and game concessions,and food concessions or those of any sub-licensee or <br />subcontractor shall strictly comply in all ways with every provision of this agreement,and with <br />applicable city,county,state and federal laws,rules and regulations,in any matter concerning the <br />operations contemplated by this agreement.Licensee further covenants that in operation of its <br />carnival and in the operation of all amusement rides,sideshows,and concessions under this <br />agreement there shall be no obscene,immoral or objectionable devices or practices,shows,or <br />exhibits of any kind whatsoever.Licensee will immediately upon demand of the county close <br />and remove from the fairgrounds any such device or practice,show or exhibit that is operated in <br />violation of any city,county,state or federal law,rule or regulation,or which is,in the County's <br />opinion,in any manner obscene,immoral or otherwise objectionable.Licensee agrees to save <br />the County and its elected and appointed officials,officers,employees,agents and volunteers <br />harmless from any liability or damage for closure or removal from the fairgrounds.Such closure <br />or removal will in no way reduce the amount of money due the County from Licensee under this <br />agreement. <br />6.8 Exclusivity of Licensee's Rights.The County shall not permit any commercial carnival <br />offering mechanized amusement rides,except animal rides,to be operated on the fairgrounds <br />during the fair,except that of Licensee,unless Licensee fails to comply with the terms and
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