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FACILITY USE AGREEMENT (City of Sumner)

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FACILITY USE AGREEMENT
PAGE - 1
FACILITY USE AGREEMENT
This facility use and indemnification agreement (hereinafter "Agreement") is entered into
by and between the City of Sumner (“Sumner”) and , both
of which are Washington municipal corporations (collectively, the “Parties”). In consideration of
the mutual promises and covenants contained herein, the Parties hereby agree as follows:
Facility Use. Sumner owns and maintains the Bill Heath Sports Complex Baseball Field
(the “Property”). Sumner executed a services agreement with Elysian One Sports,
Inc (“E|L1”) to schedule and manage the use of the field for recreational and
community activities. All fees for field and/or field like use will be paid directly to E|L1
in accordance with said services agreement.
1. Term of Agreement. The term of this Agreement shall commence on ________ (Effective
Date) and shall expire 1 year from the Effective Date unless otherwise terminated in the
manner hereinafter provided.
2. Access and Use. Field use and scheduling will be administered entirely by E|L1 and is
subject to change based upon availability, but the hours of use shall at all times be in
accordance with Sumner Municipal Code 12.60.050.
3. Rules and Regulations. agrees to at all times conduct its
operation in a safe and prudent manner and in strict compliance with all applicable local,
state and federal rules, regulations, and restrictions. Each team or group is required to
follow and sign Sumner's Youth Sports Head Injury Policies and Sudden Cardiac Arrest
Awareness form, included below, and Sumner’s nondiscrimination policy as outlined in
SMC 12.60.045. It is further understood and agreed that the Property will be
returned to Sumner in the same condition in which originally
found it prior to use. If unsafe conditions are observed, shall
not use the field and shall be required to notify E|L1 and Sumner immediately and in
advance of any use.
4. Insurance. shall carry and maintain, for the duration of this
Agreement, General Liability insurance against claims for injuries to person or damage to
property which may arise from or in connection with the use of the Property. Evidence of
insurance must (1) be sent to the City of Sumner and (2) include the actual policy provision
(Endorsement) that documents the “City of Sumner” is the Certificate Holder and an
additional insured for primary and non-contributory limits of liability (the mere statement
of additional insured status on an Acord or other certificate of insurance does not meet this
requirement). The General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
5. Indemnification. shall defend, indemnify and hold harmless
FACILITY USE AGREEMENT
PAGE - 2
the City of Sumner, its officers, officials, employees and volunteers from and against any
and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or
damage to property, which arises out of the use of the Property or from any activity, work
or thing done, permitted, or suffered by in or about the
Property, except only such injury or damage as shall have been occasioned by the gross
negligence of the City of Sumner.
6. Assignment. shall not assign, convey or transfer this Agreement
or any interest herein, without the prior written consent of Sumner.
7. Notice. Any notice, declaration, demand or communication to be given by a party to this
Agreement to the other shall be in writing and transmitted to the other party by personal
service or certified U.S. mail, return receipt requested, postage fully prepaid, addressed as
follows:
To Sumner: City of Sumner
1104 Maple St.
Sumner, WA 98390
Attn: City Clerk
To : ___________________
___________________
___________________
The mailing and certifying of any such notice as herein provided shall be sufficient service
thereof. All notices given in compliance with this section shall be deemed effective two (2)
business days following the deposit thereof in the U.S. mail, irrespective of the date of
actual receipt of such notice by the addressee. Either party may by notice change its
address for notice.
8. Applicable Law/Construction/Venue. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Washington. In the event this
Agreement is in conflict with the provisions of any law or statutes governing the subject
matter hereof, such law or statute only to the extent of such conflict shall be controlling.
The venue of any action brought to interpret or enforce any provision of this Agreement
shall be laid in Pierce County, where the Property is situated.
agrees to follow Sumner Municipal Code 12.60.045 entitled
“Community Athletic Program Nondiscrimination Policy”
9. Entire Agreement/Amendments. This Facility Use and Indemnification Agreement
contains the entire agreement of the parties hereto and supersedes all of their previous
understandings and agreements, written and oral, with respect to this transaction. This
Agreement may be amended only upon the consent of both Parties. Any amendments shall
FACILITY USE AGREEMENT
PAGE - 3
be in writing and shall be ratified and executed by the Parties in the same manner in which
this Agreement was originally adopted.
10. Waiver. The waiver by any party of any breach of any term, covenant, or condition of this
Agreement shall not be deemed to be a waiver of any subsequent breach of the same term,
covenant, or condition of this Agreement.
11. Severability. If any provision of this Agreement shall be held or determined to be invalid,
the remainder of the Agreement shall not be affected thereby.
12. Counterparts. This Agreement shall be effective whether signed by all Parties on the
same document or signed in counterparts.
13. Termination. This Agreement may be terminated at any time by Sumner if any section of
the agreement is not being followed, and for any reason by either party by providing the
other with sixty (60) days written notice of the intention to terminate the same.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF SUMNER
By:_______________________ By:_______________________________
Title: Title:
Dated: Dated:
Approved as to Form:
______________________________
City Attorney
YOUTH SPORTS GROUP COMPLIANCE STATEMENT
For RCW 4.24.660 (as amended in 2015)
Youth Sports Head Injury Policies and Sudden Cardiac Arrest Awareness
City Of Sumner
requests the use of the City of Sumner - Bill Heath Sports
Complex Baseball Field for the following dates:
Date
Activity Facility
_______________________, a private non-profit youth sports group, verifies all coaches,
athletes and their parents/legal guardians have complied with mandated policies for the
management of concussions, head injuries and sudden cardiac arrest awareness as prescribed by
RCW 4.24.670, RCW 28A.600.190 and RCW 28A.600.195.
The _______________________’s required insurance shall be as follows:
General Liability insurance shall be at least as broad as Insurance Services Office (ISO)
occurrence form CG 00 01 covering premises, operations, products-completed operations
contractual liability and coverage for participant liability. The City of Sumner shall be named as
an additional insured on _______________________General Liability insurance policy using
ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement
providing at least as broad coverage. The General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Proof of insurance and
additional insured endorsement are attached.
_______________________ shall defend, indemnify and hold harmless the City of Sumner, its
officers, officials, employees and volunteers from and against any and all claims, suits, actions,
or liabilities for injury or death of any person, or for loss or damage to property, which arises out
of the use of Premises or from any activity, work or thing done, permitted, or suffered by User in
or about the Premises, except only such injury or damage as shall have been occasioned by the
sole negligence of the City of Sumner.
Signed:________________________ _________
Representative of _______________________ (Date)
Note: Access to City of Sumner facilities may not be granted until all requirements of
this application are complete and approved by the City of Sumner and/or E|L1.
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FACILITY USE AGREEMENT (City of Sumner)

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Completed 16 July 2020

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