HomeMy WebLinkAbout32nd District Agric. Assoc. 08
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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Please complete this form when the attached agreement is no longer in effect.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.
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The agreement with 3pi bs\.hd Ptjri ~ Ass-~{')f\.. , No. r.J - O?oo5 ~D~ 1
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Signature:
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Department:
Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
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FORM F-31
REVIEWED
N-2005-027
AGREEMENT NO R-086-05
DATE: February 10, 2005
F AIRTIME:
INTERIM: xx
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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 /
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By ,'_________-''-'L~ v ------::
Title If8vid M. Ream, (ity l\-lanager
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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.