Town of Wickenburg

LETTER OF AGREEMENT

Town of Wickenburg Rental Facilities Contract

Section 1 GRANT PERMISSION

In consideration of the Renter's promises herein, the Town hereby gives permission to the Renter to enter the facility of the Town listed in the contract for the use of an event, all on the terms and conditions herein set forth, which Renter promises to comply and abide within.

Section 2 DESCRIPTION OF PROPERTY

Property of Town that Renter is here by permitted to enter is listed on the contract. Any use of any facility not permitted in the contract is a violation of the contract and Renter will forfeit their deposit if in violation of contract.

Section 3 RENTAL FEES

The Renter shall pay the Town for this rental the amount listed on the contract at least 30 day prior to the event(s) listed on the contract.

In addition, the Renter shall:

a. Pay the refundable deposit for the rental facility listed in the contract.
b. Pay for any utility hookup used.
c. Return the rental facility to conditions as found prior to event.
d. Rental payment must be made or cancelled at least 30 days prior to the start of the event or renter will be charged for the event date.

Section 4 TOWN RESPONSIBLITIY
The Town agrees to provide the event with:

a. Trash containers for this event for trash control;
b. Fully stocked restrooms and trash can liners.

c. Return any portion of the Renter's deposit not used within thirty (30) days after the scheduled event if the key has been returned.
d. Town reserves the right to close facility at any time due to weather conditions.

Section 5 RENTER RESPONSIBILITY

All facilities used by the Renter shall be maintained by the Renter during the event, providing a safe facility for all users, and all areas shall be restored to original condition of cleanliness and appearance before vacating the premises. This includes the entire rental facility listed on the contract and parking areas. Any area damaged or not cleaned properly will cause renter to forfeit the original deposit. In addition, the Renter will receive an additional invoice for any cleaning or repairs performed by the Town of Wickenburg at a rate of $40 per hour per employee.

a. NO CONSUMPTION OR USE OF ALCOHOL is allowed in the center or anywhere on Town property unless you receive an approved alcohol permit.
b. No lighting, wiring or scenery is to be changed. The burning of candles, the use of any open flame or the use of non-fireproof materials for decorating purposes, is as a general rule not permissible in a public building. Prior clearances must be obtained from the Manager and approved by the Wickenburg Fire Chief.
c. Town of Wickenburg personnel are to have access to all facilities at all times during the event.
d. Renter must return the key immediately following the end of the rental period. If a renter fails to do so the renter forfeit’s the original deposit.

Section 6 SITE INSPECTIONS

The Town will conduct a pre-use site inspection one day before the rental period begins. The Town will also conduct a post-use site inspection no later than the following morning after the rental period ends.

Section 7 INDEMNIFICATION OF TOWN

Renter will at all times indemnify the Town against all actions, claims, demands, liabilities, and damages which may in any way be imposed on or incurred by Town as consequence of, or arising out of, any act, default or omission on the party of Renter or any of its officers, employees, or agents for the use of the premises or any rights arising from this agreement.

Section 8 COMPLIANCE

Renter shall comply with all rules and regulations of the Federal, State, County, and municipality relating to use of the premise. 

Section 9 TERMINATION

This permission is exclusive to Renter only during the days specified herein and Renter shall have the privilege hereunder only in accordance with this Agreement. Renter further agrees the premises shall be clean and free of debris and the Town shall not be required to remove litter, waste or trash, and if trash, waste or garbage is such that the Town must clean up and collect same, the Town shall be entitled to reasonable value of such services from the Renter, which shall be subtracted from the Renter's deposit. The Town shall provide one or more trash receptacles for placement of litter and garbage and notwithstanding the foregoing, the Town will pick up from the "Dempsey Dumpster" type trash receptacles, the accumulated trash on a regular basis as determine by the Town.

Section 10 INSURANCE

A certificate of insurance, showing coverage of 1 million ($1,000,000) general liability, and 2 million ($2,000,000) general aggregate, and naming the Town as additional insured is required for any individual, group, organization or business using Town facilities when any of the following applies

a. The general public is invited to attend, observe and/or participate.
b. Sales of merchandise and/or food will take place.
c. Sale of alcoholic beverages will take place.

Verification of Coverage

Vendor shall furnish the Town with a declarations page (Endorsement) of the liability insurance policy at least thirty (30) prior to the scheduled event, as well as any amendments or riders in order to verify contractual insurance requirements are being satisfied.  All certificates and endorsements are to be received and approved by the Town's Risk Manager thirty (30) days prior to the scheduled event.

Section 11 ALTERATIONS AND ADDITIONS

Renter shall not make any structural, arena fill removal or addition (if using rodeo grounds}, or interior/exterior alterations and additions to the Premises without prior written consent from the SPECIAL EVENTS AND FACILITIES RENTAL MANAGER OR APPOINTEES{S). Renter shall provide to the Town, in writing, any changes that need to be addressed with the facility. Any such modification, improvements, changes shall be approved if deemed appropriate by the Town, and constructed to Town standards. Such improvements shall be the Tenant's financial responsibility and will become the property of the Town after installation. Renter shall request approval from the Town. THE TENANT SHALL NOT MAKE any structural, exterior/interior alterations and additions WITHOUT WRITIEN CONSENT BYE THE TOWN.

Section 12 DEFAULT

Each Agreement of Renter herein contained is material and of the essence of this agreement, and if Renter shall default or permit a breach in whole or in part of any covenant, Agreement or stipulation hereof to be kept by it, Town may give Renter notice of such breach and default and Renter shall have twenty-four {24} hours after the notice within which to cure or rectify such breach or default, then it shall be lawful for Town, without further notice, to declare this Agreement terminated and demand possession of the premises from the Renter, without prejudice or any claim for damages or breach of contract. If Renter shall default or permit a breach in whole or in part of any covenant, Agreement or stipulation hereof to be kept by it, Town shall deny future contracts with said business, organization, or person.

Section 13 IMMIGRATION LAW WARRANTY

As required by A.R.S. 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S . 23-214{A). Contractor further warrants that after hiring an employee, Contractor verifies the employment eligibility of the employee through the E-Verify program. If Contractor uses any sub-contractors in performance of the Service, sub-contractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. 23-214(A), and sub­ contractors shall further warrant that after hiring an employee, such sub-contractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Contract that is subject to penalties up to and including termination of the Contract. Contractor is subject to a penalty of $100 per day for the first violation,

$500 per day for the second violation, and $1000 per day for the third violation. Town, at its option, may terminate the Contract after the third violation. Contractor shall not be deemed in material breach of this Contract if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. 3-214(A). Town retains the legal right to inspect the papers of any Contractor or sub­ contractor employee who works on the Contract to ensure that the Contractor or sub­ contractor is complying with the warrant y. Any inspection will be conducted after reasonable notice and at reasonable time s. If State Law is amended, the parties may modify this paragraph consistent with State Law.