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HomeMy WebLinkAbout32nd District Agric. Assoc. 08 ~!AR2~ AGREEMENT TERMINA nON Please complete this form when the attached agreement is no longer in effect. Return form to the Sf. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. , .. , . The agreement with 3pi bs\.hd Ptjri ~ Ass-~{')f\.. , No. r.J - O?oo5 ~D~ 1 \ ;}.-?J 1-oS- was completed on Signature: , and final payment has been made. ~II~ . rrr J\ &VMf\ Q-;+q -015 113NnOJ n ;.Hl31::! VH\1 \lJJi . .;JO AU::! lE: :6 I4Y b- MVW lllIll Department: Date: Revised 8-7-03 City of Santa Ana Clerk of the Council . FORM F-31 REVIEWED N-2005-027 AGREEMENT NO R-086-05 DATE: February 10, 2005 F AIRTIME: INTERIM: xx .' APPROV RENTAL AGREEMENT THIS AGREEMENT by and between the 32"' District Agricultural Association hereinafter called the Association, and CITY OF SA-1\'T A ANA hereinafter, called the Rentor WITNESSETH: 1. THAT VlHEREAS, The Rentar desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: January 1, 2005 - December 31, 2005 2, NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the spacers) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement: Parking Lot "H" 3, The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever: Officer Training 4. Rentar agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: In-Kind Trodc Please see Exhibits "A" "'B" IO.C" and "E" which are incorporated and made part of the Rental Agreement 5. Association shall have the right to audit and monitor any and all sales as well as access to the premises. 6. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers' Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted. 7. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder. 8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association. 9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto, 10, The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto. 11. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association. 12, Special Provisions: The Event Services Policies & Procedures handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Renter acknowledges that they have read the Event Services Policies & Procedures handbook and agrees to abide by said Policies & Procedures. 13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (ifrequired) by the Department of Food and Agriculture and Department of General Services, IN WITNESS WHEREOF, This agreement has been executed in duplicate, by and on behalf of the parties hereto, the day and year fIrst above written. City of Santa Ana 20 Civic C,en,ter plaZ,a, M-~23 , Santa A~_~2702 / "'-j_ 'd -~ By ,'_________-''-'L~ v ------:: Title If8vid M. Ream, (ity l\-lanager \ -,,1\ /\3-- 320d District Agricultural Association 88 Fair Drive Costa Mesa, CA 92626 By Title By ;~~l ~:3ters, Chie: of Police ~~~ Patricia M. Healy, Clerk of t Approved as to Form: By By Title La AGREEMENT: R-086-05 DATED: February 24, 2005 WITH: CITY OF SAc'\'T A Al\A PHONE: (714) 245-8052 EXHIBIT "A" DA TE(S) OF EVENT: January 1, 2005 and ending on December 31, 2005 EVEl\T !'iA..'VIE: Officer Training LOCATlON(S): PARKING LOT "R" @ $525.00/day ..,...................................................,........................ $in-kind trade HOURS: 8am - 5pm E<:TnTATED ATTE)',l)A,,",CE: IS RENTER AGREES: . That this agreement covers all officer training to take place at the 'Orange County Fair & Exposition Center during the year 2005. . To contact the Event Sales and Services Department@ (714) 708-1572 prior to scheduling any training sessions to insure that the location is available. . An Orange County Fair & Exposition Center written Confirmation approving each date and specific location is required prior to a renter promoting or advertising an eyent. This avoids any miscommunication between your patrons and the Orange County Fair & Exposition Center. . To pay the District in the manner of trade out services. Trade out services could include, but not limited to: Educational display for the annual Youth Expo taking place in AprillMay or the annual Orange County Fair in July. . To provide proof of insurance for the year 2005. . To notify the District of any accident that takes place during the training, The Public Safety Department can be reached by phone at (714) 708-1588, 24 hours a day, or they can be located at Gate 5 off Arlington Drive between the hours of 6 am - 12 midnight. . To reimburse the District for any out of pocket expenses related to this event. . That any and all equipment, materials, and vehicles will be removed from the parking lot after the final day of training or after each single session day, . Alcohol brought on grounds by exhibitors, attendees, or show personnel is strictly prohibited. . Loud noises or skidding are not allowed in the parking lots at any time due to the vicinity of the adjacent residential housing tracks, City Hall, and city services. Such noises can be cause for termination of your event and removal from the premises. . Damage or skid marks left on the parking lot asphalt will be itemized and invoiced. Payment will be due prior to any new activity taking place at the Exposition Center. . To limit speeds to 40 mph. . Parking lot usage will be conducted in a safe manner, with consideration of other activities taking place at the Exposition Center. To ensure safety within and around your event, the District may, at the expense of the renter, construct a barrier around the perimeter of the driving portion of the event. Renter will be responsible for further necessary precautions in and around the event. California Fair Sen;ces Authority Exhibit"B" lNSURk1'\CE REQUREMEKTS 1. Evidence of Covera!!e The contractor/renter shall provide a signed original evidence of coverage fa:; the term of me agreement protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Citrus Fruit Fairs, or California Exposition and State Fai:-, their directors, ofrlcers, agents, servants, a..ld employees, from occurrences related to operations under the contract. This may be provided by: A. Insurance Cenificate - The contractor/renter provides the fair w'ith a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets rorth the rollowwg: 1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Citrus Fruit Fair, or California Exposition and State Fair, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned." 2. Dates: The dates or inception and expiration orthe insurance. For individual events, the specific event dates must be listed, along with all set.up and tear down dates. 3. CoveralZes: a. General Liabilitv _ Commercial General Liability coverage, on an occurrence basis, at least as broad as the current insurance Service Office (ISO) policy form #CG OOOL Limits shall be not less than $5,000,000 combined single limits per occurrence for Fainime Carnival Rides; $3,000,000 combined single limits per occurrence for Motorized Events All Types; $3.000,000 combined single limits per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 combined single limits per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events: $1,000,000 combined single limits per occurrence for Rodeo Events All Types Vlithout any Rough Stock Events; $2,000,000 combined single limits per occurrence for Interim Carnival Rides, Concerts with over 5,000 attendees, Raves All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, and Simulators; $1,000,000 for all other contracts for which liability insurance (and liquor liability, if applicable) is required. b. Automobile Liabilitv _ Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident ror contracts involving use or contractor vehicles (autos, trucks or other licensed vehicles) on rairgrounds. c. Workers' Comoensation \V orkers' Compensation coverage shall be maintained whenever contractor/renter has employees, as required by law. d. Medical Maloractice - Medical Malpractice coverage \"ith limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e. Liauor Liabilitv - Liquor Liability coverage \\'ith limits or not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. 4. Cancellation Notice: A statement by the insurance company that it will not cancel or reduce the limits or coverages of said policy or policies \.vithout giving 30 days prior ",..ritten notice to the named certificate holder. 5. Certificate Holder: . For Individual Events Only - Fair, along with fair's address, is listed as the certificate holder. . For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder. 6. Insurance ComDan\': The company providing insurance coverage must be accep~able to the California Department of Insurance. OR F~\ised 10/1/03 L\ILis-urai..ce Req:uirements October:l., ;Z003.v"}Jd -1- EX"Hffirr "E" Sound Level Standards Events held at the Orange County Fairgrounds must comply with sound standards as outlined in the 1980 Settlement Agreement between the Fair the City of Costa Mesa's permanent injunction. A summacy of the sound standards is as follows: Sound Level Standards Sound Level 55 dB(A) 50 dB(A) 55 dB(A) 50 dB(A) Time Period 7:00am-lO:3Qpm 10:30pm -7:00am Dav of Week Sun, - Thurs. Sun, - Thurs, 7:00am-ll:00pm 11 :OOpm - 7:00am Fri. - Sat, Fri. - Sat. The sound levels shall not exceed: (1) The sound standard for a cumulative period of more than thirty (30) minutes in any hour; or (2) The sound standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or (3) The sound standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or (4) The sound standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour; or (5) The sound standard plus twenty (20) dB(A) for any period of time. The sound level shall be measured in the residential neighborhoods surrounding the Fairgrounds. The contractor shall work with the District to ensure compliance with the applicable sound level standards.