Amendment to Rodeo Contract between KC & Ellensburg Rodeo

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_______Rodeo Contract Amendment Page 1 AMENDMENT TO RODEO CONTRACT BETWEEN KITTITAS COUNTY AND ELLENSBURG RODEO ASSOCIATION This Contract amendment, dated __________________, 2018 is made and entered into by and between KITTITAS COUNTY (“County”), a subdivision of the State of Washington, and the Ellensburg Rodeo Association (collectively “the parties”). WHEREAS, the parties executed a contract on _____________________________; and WHEREAS, the parties wish to amend section 13 of said contract. NOW THEREFORE, in consideration of their mutual benefits, the parties mutually agree to amend section 13 of their above‐mentioned contract as follows with all other provisions remaining in full force and effect: 13. MAINTENANCE: The County shall perform such maintenance necessary to maintain the Rodeo Arena in full operating condition. The Association shall designate their Grounds Director to work closely with the Event Center Director concerning repair and maintenance for the Rodeo Arena and the other leased grounds. The parties shall tour the grounds at a mutually agreeable time, but no later than April 1st of each year, to designate and identify the needed maintenance. The Parties will develop a mutually agreeable “punch list” of maintenance items which will be the County’s responsibility for completing. The County shall have until July 1st of each year to complete the punch list items. The Parties shall meet again at a mutually agreeable time after July 1st of each year to review the County’s progress completing the maintenance punch list. Any items which remain on the punch list as incomplete after July 1st, as mutually agreed in writing by the Parties, may be completed by the Association. Notice of the incomplete punch list items as mutually agreed by the Parties must be submitted to the Kittitas County Auditor and the Kittitas County Board of County Commissioners no later than July 15th of the current year. Direct costs, including but not limited to materials and any professional contractor costs, but excluding any Association or volunteer labor costs related to the punch list items completed by the Association may be deducted from the Rental Fees as described in Section 4 of this Agreement. No deductions from the Rental Fees shall be allowed for labor, administrative, or other costs not related to materials. All costs in this section for items which may remain on the “punch list” after July 1st and which may be completed after that date by the Association, as mutually agreed, shall not exceed $25,000.00. The County agrees to conduct weed control and minor maintenance on the various properties surrounding the Fairgrounds that are owned by the Association in return for the use of those grounds and structures at times other than during the period of the Association’s occupancy. The Association shall not be held responsible for the normal repair, maintenance, servicing or supply of materials to the leased premises. However, the Association shall be responsible for the general cleanliness and garbage removal of any waster or litter created or caused through the execution of this agreement, excluding animal waste and bedding, and shall return the leased portions of the facility to the County in the condition in which they were received.