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HomeMy WebLinkAboutRes-2020-035 KVEC Rodeo PosseBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No.2020- 095 RESOLUTION TO AUTHORIZE KITTITAS VALLEY EVENT CENTER EVENT FACILITY RENTAL FEE WAIVERS FOR THE ELLENSBURG RODEO POSSE WHEREAS, the Director of the Kittitas Valley Event Center (KVEC) has the authority to establish the various rates, discounts, packages, policies, and procedures governing the use ofthe KVEC; and WHEREAS, the Kittitas County Board of County Commissioners has the authority to ratify such decisions by resolution; and WHEREAS, KVEC has an interest in providing the facilities for the activities and events produced by the Ellensburg Rodeo Posse as it holds a significant benefit to the Kittitas County Fair, Ellensburg Rodeo, and Patriot Night Under the Lights events as the Posse members are valuable volunteers and advocates ofthese large events; and WHEREAS, KVEC has been the historic home to the Ellensburg Rodeo and the Rodeo Posse for almost a century with the "Posse Barns" being located on the grounds owned and operated by KVEC of Kittitas County; and WHEREAS, this waiver of fees is agreed upon in an annual facility use agreement with the Ellensburg Rodeo Posse and has approved by the Kittitas Valley Event Center Director; and WHEREAS, Kittitas County Board of County Commissioners determine this to be in the public interest of the community whereby the residents benefit from such actions; NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby adopts the Kittitas Valley Event Center facility fee waiver for the Ellensburg Rodeo Posse as described above and within the attached facility use agreement. lfwtDATEDthis day of 2020, at Ellensburg, Washington. SSIONERSBOARD OF COUNTY ATTEST: Commissioner .8/71 of the Deputy Clerk of the Board Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04A72020 Page I of8 VALLEY Kittitas Cou nty, Washin gton Kittitas Valley Event Center License for Use of Resources (Facilities, Equipment and Services) PART I This is a License to Use agreement between Kittitas County, Kittitas Valley Event Center (herein after referred to as "KVEC') and the party named on line I.B.l (herein after refened to as "Licensee"). In consideration of the mutual covenants and agreements stated in Part I and Part II of this document and all attachmsnts hereto, the parties agree as follows: I.A. LICENSE TO USE KVEC RESOURCES KVEC hereby grants to Licensee, and Licensee hereby accepts, a license to use KVEC resources for the purpose of holding a conference andlor event, as described in I.8.8. I.B. CONFERENCE / EVENT INFORMATION l. NAME OF CONTRACTING PARTY (Licensee):Ellensburg Rodeo Posse 2. PRINCIPLE ADDRESS: 13685 Vantage Hwy, Ellensburg, WA 98926 3. AUTHORIZED REPRf,SENTATIVE FOR LICENSEE: Richard Mulder, Ellensburg Rodeo Posse 4. CONFERENCE / EVENT PROMOTED NAME: Posse Events 5. EVENTOCCUPANCY: Rodeo Arena Set up time Event time ORIGINAL4/7/2020 6:00:00 PM 4l14/2020 6:00:00 PM 4l2l/2020 6:00:00 PM 4128/2A20 6:00:00 PM 5/5/2020 6:00:00 PM 5112/2020 6:00:00 PM 5/19/2020 6:00:00 PM 512612020 6;00:00 PM 6/2/2020 6:00:00 PM 6/712020 7:00:00 AM 619/2020 6:00:00 PM 6ll6/202A 6:00:00 PM 6123/2020 6:00:00 PM 6128/2020 7:00:00 AM 6130/2020 6:00:00 PM 717/2020 6;00:00 PM 7ll4/202A 6:00:00 PM 712112020 6:00:00 PM Tue, Apr 7 2W0,6:00 PM - l0:00 PM Tue, Apr 142020,6:00 PM - l0:00 PM Tue, Apr 212020,6:00 PM - 10:00 PM Tue, Apr 282020,6:00 PM - 10:00 PM Tue, May 5 2020,6:00 PM - l0:00 PM Tue, May 122020,6:00 PM - l0:00 PM Tue, May 19 2A20,6:00 PM - l0:00 PM Tue, May 262020,6:00 PM - l0:00 PM Tue, Jun 2 2A20,6:00 PM - 10:00 PM Sun, Jun 7 2020,8:00 AM - 9:00 PM Tue, Jun 9 2020,6:00 PM - l0:00 PM Tue, Jun 16 2020,6:00 PM - 10;00 PM Tue, Jun 23 2020,6:00 PM - 10;00 PM Sun, Jun 282A20,8:00 AM - 9:00 PM Tue, Jun 30 2020,6:00 PM - 10:00 PM Tue, Jul 7 2020,6:00 PM - 10:00 PM Tue, Jul 14 2020,6:00 PM - l0:00 PM Tue, Jul 21 2020,6:00 PM - 10:00 PM lt0na20 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Set up time Event time Page 2 of8 6. AUXILIARY DATES: 7. GROUP SIZE:25 8. EVENT ACTIVITY/PURPOSE: Posse Activities I.C. SERVICES AND FEES l. 1. Licensee acknowledges that this agreement is subject to the Group Size, as stated in I.8.7,, and the Event Activities, as stated in I.B.8. In as much as the total license fee and the purpose ofthe use ofsuch facilities are based, in part, upon attendance and activity, KVEC may, at its option, renegotiate the terms o[this contract if the actual number of attendees or the activity is inconsistent with the Group Size, as stated in I.B.7., or the Event Activiry, as stated in I.B.8., or both. 2. FACILITIES AND AMENITIES: 7/2812020 6:00:00 PM 81412020 6:00:00 PM 8/t112020 6:00:00 PM 8llsl2020 7:00:00 AM 8118D020 6:00:00 PM 91812020 6:00:00 PM 911512020 6:00:00 PM 9/22/2020 6:00:00 PM Ilem Rate Qty Rocleo Arena 711,3.00 1.00 Saf es tax 0. C0 0. 00 Tue, JuI282020,6:00 PM - l0:00 PM Tue, Aug 42020,6:00 PM - l0:00 PM Tue, Aug 112020,6:00 PM - l0:00 PM Sat, Aug 15 2020,8:00 AM - 9:00 PM Tue, Aug 18 2020,6:00 PM - 10:00 PM Tue, Sep 82020,6:00 PM - l0:00 PM Tue, Sep 15 2020,6:00 PM - 10:00 PM Tue, Sep 222020,6:00 PM - l0:00 PM Total 7113 . 0C 0.00 3. ADDITIONAL SERVICES/LABOR: Value of this conj:ract: $i113.0C Irr li.eu of. payntent in'L--he anounl- of $7113.00 to the KVEC, the EiLensburg RorJeo Posse agrees 't:r: provicle assrstance with PaLriot Night Aclivities (inc-iuding setup alci lakeCown before ar-rd af Ler event), carry provided KVIjC flag jn parade.s, gr:and entries, and rodeos, and cluring Lhe Kilt-itas County Fair and Rocleo during Lhe 2020 season (Apr i1 to lieptembei:) . ]iee brcakdown is as followsl 23 Posse Practice ridcs i4llr:s flach) at $57.15: $5313.00 3 fuLl day evor)ts {Posse Youth Shows and J.r. Rodeo) at 9600.00 per day: $r800.0c. Dates are sub jecL 1-<; chanqe, based on arena condi,i. ion ar:tl availability. 4. FEES: " a. Commercial Activitics/Admission: A Commercial Activity is defined as any event where spectators are charged an admission fee to the contracted event. For Commercial Activities, total Facilities Use fees will be based on the minimum facility fees listed in I.C.2 or 20o/o of gross admission sales, whichever if greater. Proof of admission sales must be arranged with the KVEC office. " b. Concessions/Commercial Vendors: Licensee will be charged a flat license fee of $30.00 per daylvendor for all outside Vendors. Licensee/Vendor is responsible for removing all trash and grease, and provide own bladder for gray water. An additional $ 100.00 will be charged to Licensee if trash, gray water, and grease are not cleaned up and removed. Licensee is responsible to furnish temporary special event business licenses to commercial vendors tkough the City of Ellensburg, or collect a copy of curre nt City of Ellensburg business license. A map of outside vendor locations, including licensee booth, must be provided to KVEC staff no less than teir (10) business days prior to contracted event. vt012020 Kittitas valley Event center, License Agreement, control Number: 49220-GEAR04072020 Page 3 of8 Fee Exception: When school youth groups, or active 4-H clubs staffa booth and all proceeds go entirely to that organization the daily license fee is waived. KVEC staff will make the final decision whether a group is qualified. Youth Groups lnust contact the KVEC office and sign contract. Event Business License requirements still apply. " c. RV Hook-ups and Dry Camping: KVEC offers RV hookup spaces and vehicle camping or "dry" (no utilities used) tent camping. Areas on the grounds will be designated as o'hook up" or "dry" camping areas, and all vehicles occupying spaces within those areas will be charged accordingly. One designated camping coordinator rnust be responsible for registering and collecting all fees flom campers. KVEC will provide an appropriate log sheet(s). A copy of the completed log sheet must be provided to the KVEC office at the conclusion of the event (within 3 days). Lessee will be billed for all camping, Utilities hookup to any bam, arena, building or any other non-designated area is strictly prohibited. A dump station is available in the north RV lot and is available to licensee's patrons only. The RV/Dry Camping spaces may be reserved at the cost below and will be available for use starting at l0 AM the day prior to the first Event Day, as stated in I.8.5: All Rates include applicable Sales and Lodging Tax. RV hookup (seasonal, water and electricity), event group price; $31.50 per space/night Dry Camping (no water or electric) or Tent: $ 17.85 per spacelnight ' d. Equine Stalls: KVEC will make available non-bedded Equine and Tack Stalls for use by Licensee's attendees, ifapplicable to the event. Stall usage will be billed to Licensee. One designated Stall coordinalor must be responsible for registering and collecting all stall fees. KVEC will provide an appropriate log sheet(s). A copy of the completed log sheet must be provided to the KVEC office at the conclusion of the event (within 3 days). These Stalls may be reserved at the cost below and will be available for use stafting at 8 AM the day prior to the first Event Day, as stated in I.8,5: Equine Stall Fee: $15.75 per stall/day Pens: $10.50 per stall/event Tack Stall Fee: $ 10.50 per day 5. MINIMUM ANTICIPATED FEES: $0.00 Minirnum anticipated fees are based on facilities and services listed above. Additional fees will be assessed to the extent required/utilized as set forth above. I.D. DEPOSITS, PAYMENTS, AND BILLING l. Deposits are non-refundable and based on the Minimum Anticipated Fees (I.C.4) 2. A FIRST DEPOSIT 3. A SECOND DEPOSIT . 4. POST BILL: An invoice for the remaining amount due under this agreement will be issued within (10) business days after the close of the activity. Payment is due within thir1ry (30) days of the invoice date (see I.D.5., Billing and Review of Bills). 5. BILLING AND REVIEW OF BILLS t/t012020 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 4 of 8 " a. Invoices not paid within 30 days will be charged a late payment penalty of 1.5%o for every 30 days late. Accounts ovcr 90 days past due are subject to an additional l8o/o collection charge and will be forwarded to a third-party collection agency. " b. All deposits are non-refundable. . c. Licensee may request, in writing, a review of charges within 20 days of issuance of final bill. After 20 days, charges will not be reviewed until invoice is paid in full. Requests for review must be in writing to be valid. Non-disputed charges must be paid within 20 days of invoice. 6, PAYMENT FORMS KVEC will accept Checks, Cash, Visa and MasterCard. Make checks payable to the Kittitas Valley Event Center 7. TAXES Licensee will be charged applicable Washington State Sales and Use Taxes unless a current State of Washington, Department of Revenue, Sales and Use Tax Division, Exemption Certificate and related account number is provided prior, 8. l'his agreement will not be valid, nor will reservations be guaranteed by KVEC, until it is signed and returned by Licensee to the Kittitas Valley Event Center, 901 E. 7th Avenue, Ellensburg, WA 98926, along with payment of the first deposit (as noted in LD.2), but no later than l/1012020. 9. This agroement is not finalized until it is signed by the KVEC Director. I.E. CANCELLATION OR CHANGES MADE BY LICENSEE L KVEC shall claim as liquidated damages all deposits held and money owed on invoices outstanding if Licensee cancels the conference or event any time after the agreement is signed. Cancellation of this agreement or of any facilities or services must be done in writing. Failure to do so will result in Licensee being billed for the full rental or service charge. 2. Licensee agrees to pay as liquidated damages the following amounts for cancelling this agreement. ln retum, KVEC agrses to hold no flr4her clgirns 4gainst Licensee for said cancellation. Cancellation Date Penalty Total Liability Upon Contract Acceptance 25% of Minimum Anticipated Fecs LC.4 After 3/812020 100% of Minimum Anticipated Fees LC.4 $0.00 3. Multiple Event/Facility Contracts: Cancellation Fee LE.2 applies to cancelation of entire agreement prior to first event. Cancellation of an individual event (as indicated in I.8.5) or individual facility (roorn, arena, courtyard, etc.) rental rnade less than 20 days prior to the start of that event will incur a cancelation fee equal to the sum of the facility fees per canceled event listed in I.C.2. I.F. By signature, any person executing this agreement expressly wanants that sftre is an authorized representative of Licensee, as stated in I.B. I . and assumes complete responsibility for fulfillment of all commitments agreed to herein. I have read this agreement, initialed all pages and accept all terms includcd in Part I, Part II, and any addendums, attachments, or schedules herein. 1lt0/2020 Kittitas valley Event center, License Agreement, control Number: 49220-GEAR04a72o20 Page 5 of8 Licensee for KVEC Printed Kady Porterfield KVEC Director trl.taxt*tt&q ez- Date 1 IO PART II II.A FACILITIES ACCEPTANCE/DAMAGES: Licensee accepts the licensed premises in "as is" condition without any obligation by KVEC to alter or make changes in any of its physical facilities. Licensee may at its own expense make alterations, installations, decorations and like items providcd it receives the prior written approval of fVpC to do so. Licensee agrees to pay for any required or requested special and additional sewices, faiilities, equipment, materials, technicians, etc., supplied by KVEC, at prevailing rates and conditions, at the time of each activity. R list of these rates may be obtained from the KVEC ottice. Licensee agrees to pay for any damage, beyond norrnal wear and tear, to any structure, landscaping, equipment, etc. that can bc attributed to the Licensee's use, equipment, staff, or attendees. KVEC will bill all attributed damages to the Licensee and will not be responsible for collection from individuals. Il.B STALL USE: KVEC's sole responsibility shall be io provide a non-bedded stall at the beginning of each occupation period, and to clean the stalls at the end ofthat period. Interim stall care is the responsibility ofthe Licensee/lndividual stall users. Licensee/lndividual stall users are responsible for providing rik.s, shovels, wheelbarrows and other equipment. Stall counts for the purpose of billing are to be verified by representatives of both the Licensee and KVEC for billing to Licensee at the end of each occupation period. II'C. RULES AND REGULATIONS: Licensee covenants and agrees to abide by all rules and regulations established by KVEC and its authorized representatives; to provide any licenses and permits required to comply with federal, state, county and city laws, statutes, resolutions and ordinances; to incur no bills or obligations for labor, materials or otherwise for which KVEC may be or become liable; and to abide by all of KVEC's policies. II'D' INSURANCE: Licensee, on behalf of itself, its agents, partners, employees, members, and insurers, releases and forever discharges, and agrees to defend, indemnifli, and save and hold harmless KVEC, Kittitas County, State of Washington, and its and their Board of Commissioners, agents, employees and all of its and their divisions and departments, by whatever name known [herein "released patties"], from any and all claims, demands, debts, losses, obligations, actions, or causes ofaction, ofwhatever nature ol'kind; whether relating to persons, property, business, or otherwise; which may arise from, or on account of, or be in any way related to, the premises or any portion excepted therefrom; the condition of the premises or the condition of any of its appurtenances, utilities, or facilities; the Event(s), including the termination, cancellation, or promotion thereof, as well as the set-up and tear- down for same; this license; any act or omission on the part of the released parties; any act or omission on the part ofthe Licensee or any ofits agents, partners, employees, members, or insurers, or any participant, spectator, official or other person; and any and all matters related in any manner to the Event(s), including set-up and tear- down, or this Liccnse, even if it is alleged or established that such claim arises in whole or in part as a result of the negligence, including gross negligence, or other fault ofany ofthe released parties referred toabove, or from a defective condition, of whatever nature or kind, related in any manner to the premises, or any part of the KVEC, including water, lighting, electrical, HVAC, and sound system. The indemnity obligation stated above includes all costs ofdcfending the released parties including but not lirnited to all attorneys' fees and litigation expenses. Licensee agrees to secure insurance for the respective dates, as specified in I.8.5, 1.8.6, and I.8.7., with coverage in the minimum amount noted below, unless KVEC, in its sole discretion, specifies otherwise. The KVEC, Kittitas County, State of Washington, and its and their Board of Commissioners, agents, employees and all of its and their divisions and departments, by whatever name known shall be named as additional Ut0/2a20 Kittitas Valley Event Center, License Agreement, Control Number: 49220-GEAR04072020 Page 6 of8 insured in said policy and declaration certificate(s). Licensee shall provide a Certificate of Insurance with Endorsement to KVEC twelve (12) days prior to each Event or said F,vent(s) may be subject to cancellation at KVEC's discretion and without recourse by Licenscc. Licensee hereby waives any claim for damages or compensation which might arise out of such termination. This insurance will provide both general liabitity protection and protection for any damage by whatever person or entity to the premises. Licensee further understands, as a condition of this license, that KVEC has the right, but not the dufy, to lequire any participant in the Event(s) to provide proofofinsurancc satisfactory to KVEC. In the event there is any change in such insurance, of whatever nature, KVEC will be immediately notified. Minimum Insurance Required: $ I ,000,000 per occurrence / $2,000,000 aggregate Il.E. EXISTING SYSTEMS: KVEC will furnish built-in public address systerns and sound, heat or air conditioning, and light as provided by existing equipment and fixtures in the licensed premises during activity hours only. Any additional facilities or equipment required to lurnish additional electrical cunent or sound to meet the needs of Licensee will be paid for by Licensee, provided, however, that none shall be installed unless agreed to by KVEC in advance. No unauthorized hookups to any utilities shall be allowed on premises without approval of KVEC. ILF. PARKING: Designated parking for each event will be assigned by KVEC administration. Traffic control and RV/Carnping verification is the sole responsibility of the licensee. If due preparation and care is not exercised by Licensee, KVEC reserves the right to provide needed personnel, at the expense of the Licenscc, to meet KVEC expectations oftraffic and public safety needs. In all instances fire lanes shall be kept open and parking shall not obslruct fire hydrants or fire stations. ll,G. MUSICAL ENTERTAINMENT: Licensees who fall undct the definition of Commercial Activity and provide musical entertainment, other than professional entertainment, rnust provide KVEC a copy of ASCAP, BMI, and/or SESAC permits. II.H. UNUSABLE FACILITIES: In case the licensed premises shall become unusable because of fire or other unavoidable casualty, this Contract shall terminate. If such termination occurs before thc license begins, KVEC will refund to Licensee any deposit heretofore paid by Licensee after deducting ftom such deposit any expenses incurred to that time by KVEC in connection with this Contract. In the event such termination occurs during the term of this license, Licensee will pay to KVEC a prorate portion of the consideration plus any expenses incuned by KVEC to that tirne in connection with this Contract; and KVEC will refund any part of the consideration alrcady paid by the Licensee which exceeds such amount. In the event of such termination, Licensee hereby waives any claim fbr damages or compensation which might arise out of such termination. II.l. DEMOLITION, RECONSTRUCTION: KVEC reserves the right, notwithstanding any clause in a Facility License Agreement, and without penalty, to cancel that agleernent if KVEC wishes to develop or renovate any portion of the facilities. Notification of cancellation shall be in writing and shall be timely. ln the event that a Facilities Lease Agreement is cancelled for this reason, Licensee shall not forfeit any deposit received to secure the use of a space or facility. II.J. 'I'ICKETS: If l,icensee's use of the licensed premises involves an event tbr which tickets are sold to the public, then the event will be defined as a Commercial Activity and subject to the Commercial Use license fee of 20 percent ofticket sales. The manner ofpurchasing, selling and accounting for such tickets shall be set forth by KVEC, unless otherwise agreed to herein above. 501 Non-profits are exempt from the Commercial Use License Fee. II.K. PROMOTION AND ADVERTISING: KVEC shall have no responsibiliry, of whatever nature or kind, to promote or advertise in any manner whatsoever the Event(s). Neither Licensee nor any of its agents or employees shall, in any promotion or advertisement for the Event ol otherwise, in any way state, suggest, or imply that KVEC or any of its employees, agents, or departments, is in any way affiliated with the Event(s). This restriction shall not prohibit statements which indicate merely where the event is to be held, All advertisements or promotions whether in visual or audible form that includc the faciliry name shall use "Kittitas Valley Event Center". Il.L. PERSONNEL: It shall be the responsibility of Licensee to provide all personnel needed during the term, except that KVEC has the right to provide personnel for designated positions. Licensec agrees to pay for any services, facilities, cquiprnent, materials, technicians, security, electricians, or other persons, services, or items provided by KVEC in order to properly operate the premises. Such shall be paid for at the prevailing rates at the time of the activity(s) or as otherwise specified herein and shall, where appropriate, include overtime pay. If KVEC determines that all or any of the personnel or other items listed herein are needed to operate the prcmises, such determination shall be conclusive as between the parties, and Licensee, and its agents and employees, shall in no way interfere with the personnel designated by KVEC. Nothing herein shall be deemed to rendcr KVEC responsible for the Evcnt(s). In addition to all other personnel Licensee desires to have present, it shall specifically be the 1^0/2020 Kittitas valley Event center, License Agreement, control Number: 49220-GEAR04072020 Page 7 of8 responsibility of Licensee to ensure that adequate emergency medical personnel is present at all times during the Event(s). Seven (7) days prior to the beginning of the term, Licensee shall inform KVEC of the emel.gency medical personnel it is to supply. Prior to the Event(s), KVEC shall notifu Licensee of the personnel to be supplied by KVEC. Nothing herein shall be construed to create an employer/employee relationship or partnership between KVEC and Licensee or any other person or entity mentioned hereunder and no such other person or entity shall have any claim, of whatever nature or kind, for any benefits of whatever nature or kincl against KVEC. Licensee will at all times maintain workers compensation insurance on all its employees. Il.M. EVEN'I' MONITORING: KVEC reserves the right of entry onto the licensed premises for the purpose of monitoring compliance with all stated policics and conditions of the license agreement. Furlher, KVEC reserves the right of entry to perform repairs or improvements providing that the entry shall not unreasonably interfere with Licensee's operation of their event. KVEC rcserves the right to determine a condition of emergency and to act accordingly. ' If event is runs later than I I :00PM, licensee must hire a bonded security agency to supply security within the premises for the duration ofLicensee's event. A copy ofthe signed security agency contract must be returned to KVEC office no less than two weeks prior to thc scheduled event. Il.N. ALCOHOL: Licensee is responsible for complying with all laws of the State of Washington and the City of Ellensburg concerning the consumption ofalcoholic beverages on public property. ' Licensee must apply for a Washington State Liquor Control Board Banquet Perrnit. Applications are available on line at the Washington State Liquor Control Board website. ' Proof of approved Washington State Liquot Control Board Banquct Permit OR WSLCB Special Occasion License must be submitted to KVEC no less than two weeks prior to the scheduled event. ' If alcohol is being served, licensee must hire a bonded security agency to supply security within the premises for the duration of Licensee's event. A copy of the signed security ug.n"y .ont u"t must be retumed to KVEC office no less than two weeks prior to the scheduled event. II'O. INCIDENT REPORTING: KVEC management is to be notified immediately of any incident that occurs during the event. Please report all injuries or accidents to persons, property. violence, theft, fire, or hazardous contlitions of any kind. II'P' ASSIGNMENT: No portion of this license, or any rights or responsibilities thereunder, may be assigned or delegated by Licensee without the prior written approval of KVEC. Licensee has no right to sublet any portion of the premises without the prior written approval of KVEC. II.Q. DISCRIMINATION: Licensee, in its use of the premises, shall in no way discriminate in any manner on the basis of sex, race, national origin, sexual ori€ntation, religion, age, disability, or otherwisc, and shall abide by all applicable state, federal, and local laws governing same. II.R. AMENDMENTS AND REVISION: This Contract cannot be amended, modified, supplemented, or rescinded except in writing signed by KVEC and Licensee. No waiver of any provision of this Contract shall be valid unless such waiver is in writing and signed by KVEC. ILS. BINDING: This Contract shall be binding upon and inure to the benefit of the parties hereto ancl their respective successors and assigns. II.T. ENFORCEMENT: The failurc by KVEC to enforce at any time any of the provisions of this License Agreement, or any rights with respect thereto, or to exercise any election herein provided shall in no way be considered to be a waiver of any such provisions, rights, or elections, or in any manner affect the validily of this License Agreement, and shall not preclude KVEC from availing itself of such at any time. II'U. VENUE AND CHOICE OF LAW: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. ll.V. ADA COMPLIANCE; Licensee will establish and implement policies and procedures, take all needed steps, and provide all necessary personnel to ensure that the Activity(s) are accessible to individuals with disabilities as required by law. This will include, but not be limited to, informing individuals with disabilities of accessible areas in and features of the premises. Il.W. ACTIVITIES AND ADVERTISINC: The Licensee shall keep allactivities and advertising mafters within the space designated and shall place no advertising on the outside of the permanent buildings without the KVEC's llt0l2020 Kittitas Valley Event Center, License Agreement, Control Number;49220-GEAR04072020 Page 8 of8 permission. All advertisement that includes KVEC as the location must announce or list the facility location as 'oKittitas Valley Event Center", unless express written permission is obtained from KVEC. This License Agreemont constitutes the entire understanding and agreement among the parties horeto with respect to the subject matter hereof and contains all of the agreements among the parties with respect to the subject matter and supersedes and replaces all agreements, both oral and written. There are no other arrangements, understandings, restrictions, representations, or wananties among the parties hereto. Kittitas Valley Event Center 901 E 7th Street, Suite 1, Ellensburg, WA 98926 509 -962 -7 639 o r 1-800-426-5340 Fax 509-962-7010 www.kittitasvalleyeventcenter.com Email: eventcenter@co.kittitas.wa.us urc/2020