2005/05/18 Council Agenda Packet

r LICENSE FOR USE OF CITY PROPERTY This License, made and entered into this day of May, 2005, by and between the City of Everett, a municipal corporation under the laws of the state of Washington, hereinafter referred to as"City", and the Silver Lake, Everett Kiwanis, whose address is 1704-142nd Pl. SE, Mill Creek, WA 98012 hereinafter referred to as"Licensee". WHEREAS, the Licensee desires to use City property for the Pacific Northwest BBQ Championship (the"Event"); and WHEREAS, the Event will benefit the citizens of the City; NOW, THEREFORE, the parties mutually agree as follows: 1. The City hereby licenses and permits Licensee to hold the Pacific Northwest BBQ Championship on the off-street parking lot on the north side of the Wall Street Building, 2930 Wetmore Ave., Everett, Snohomish County, Washington (the "Property"). 2. This License commences at midnight on May 29, 2005 and expires at 6:00 p.m. on May 30, 2005. 3. Licensee shall defend, indemnify and hold harmless the City, its officers, agents and employees, from and against any and all claims, actions, demands, suits, expenses, losses or liability resulting at any time from injury to or death of any person or persons, and/or damage to any and all property, including the parties hereto, arising from, contributed to, or caused by the Licensee's use of the Property. 4. The City may terminate this License immediately for any breach. This right is an addition to any other rights at law or in equity arising by reason of such breach. 5. In case of termination of any manner herein provided, the Licensee shall have no claim or redress of any character against the City, nor shall such termination release the Licensee from any obligation or liability of the Licensee hereunder with respect to any matter or thing occurring prior to such termination. • 6. Licensee shall not assign this License or any of the rights hereunder. 7. Licensee shall comply with all applicable City, County, State and Federal regulations and laws and acquire all permits required by law. 8. Licensee shall provide commercial liability insurance coverage during the term of this License with $1,000,000 combined single limits and must provide the City with either an endorsement naming the City of Everett, its officers, employees and agents as an additional insured or a copy of a blanket additional insured clause in effect for Licensee's insurance policy.