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RED RIVER VALLEY FAIR ASSOCIATION
<br /> P.O.BOX 797-WEST FARGO,ND 58078-(701)282-2200
<br /> FACILITIES LICENSE AGREEMENT
<br /> This AGREEMENT, made January 21, 2014, by and between the Red River Valley Fair Association, PO Box 797, Fargo, ND 58078—701-
<br /> 282-2200, hereinafter called "FAIR', and Cass County Sheriff's Department, P.O. Box 488, Fargo, ND 58107-0488, hereinafter called the
<br /> "TENANT'. Sheriffs Department contact Mike Argall—701-241-5814.
<br /> Witnesseth: the "FAIR' hereby licenses to said "TENANT' certain space on the Red River Valley Fairgrounds upon the following terms and
<br /> conditions: The portion of the licensed premises is as follows: Midway. The purpose of said rental of the licensed premises by TENANT is as
<br /> follows: EVOC Training.The term of said rental shall commence at 8 am to 6pm daily from June 16-19,2014. The Fair Manager may allow a
<br /> deviation from said starting and ending time periods if the purpose of the rental is inconsistent with said designated times. Any deviation
<br /> allowed by the Fair Manager must be in writing and attached with this contract.
<br /> A. RENTAL FEE/DEPOSIT—The "TENANT' agrees to pay to the"FAIR'the sum of$N/C for the rental of the licensed premises. The
<br /> "FAIR'also requires a cleaning/damage deposit in the amount of$N/C.This deposit is refundable if the building is left in good condition.
<br /> B. PAYMENT-Checks, money orders, bank drafts, and cash with receipt are acceptable. "TENANT' agrees to pay one half(1/2) of
<br /> the contract amount concurrent with the execution of this agreement. Balance of the agreement amount shall be paid no later than
<br /> September 15, 2013. Failure to remit the first one half(1/2)of the agreement amount when due may result in cancelation of the event.
<br /> C. CANCELATION- Reservations canceled 90 days before event will receive a 100% refund less a$100 handling fee. All reservations
<br /> canceled less than 90 days before the event will receive a 50% refund and reservations canceled less than 30 days before the event will not
<br /> receive a refund.
<br /> D. INSURANCE -"TENANT' shall provide evidence of public liability insurance in the form of a "Certificate of Insurance". The limit
<br /> of liability insurance shall be a minimum of$1,000,000 per occurrence. Certificate of Insurance shall name RED RIVER VALLEY FAIR
<br /> ASSOCIATION as the certificate holder. In the event of cancelation of policies before the expiration date thereof, the issuing company will
<br /> mail 15 days written notice to the certificate holder. Said certificate shall be provided before "TENANT' will be allowed to set up on the
<br /> leased premises.
<br /> E. "TENANT'agrees to abide by all the rules and regulations of the Red River Valley Fair Association whether existing at the making of
<br /> this contract or made thereafter, and the"FAIR' reserves to itself the sole and absolute right to construe its own rules and regulations, and to
<br /> determine all matters and differences in regard thereto.
<br /> F. This contract for the space and privileges herein granted, or any part thereof, cannot be assigned, sublet or otherwise disposed of
<br /> without the prior written consent of the"FAIR".
<br /> G. Facility Location Name-When promoting event, "TENANT"must use Red River Valley Fairgrounds as location name.
<br /> H. Smoking Policy - Smoking is not allowed anywhere within the confines of a rental facility. In accordance with the North Dakota
<br /> Century Code Chapter 23-12, sections 09 — 11 — Smoking is not permitted within 20 feet from any entrance, exit, operable window, air
<br /> intakes, and ventilation systems of enclosed areas in which smoking is prohibited. Any individual who smokes in an area in which smoking is
<br /> prohibited under section 23-12-10 is guilty of an infraction punishable by a fine not to exceed fifty dollars. An owner or other person with
<br /> general supervisory responsibility over a public place including "TENANT" of rental facility who willfully fails to comply with section 23-12-10
<br /> is guilty of an infraction and is subject to a fine not to exceed one hundred dollars.
<br /> I. It is further agreed that the undersigned pledges and offers to the"FAIR" any and all structures occupied or erected by"TENANT'as
<br /> a guarantee for the payment of the sum herein stated, and in the case of such forfeiture, said"FAIR' shall have the privilege of offering and
<br /> selling same at public auction and apply the proceeds of such public sale to the discharge of the amount due hereunder.
<br /> J. "TENANT' agrees to keep and maintain the licensed premises in as good a state of repair as said licensed premises are at the
<br /> commencement of the "TENANT'S" term, normal wear and tear and damage by the elements alone excepted. "TENANT' agrees to hold
<br /> "FAIR'harmless for the cost of repair of the licensed premises and any other expenses incidental to the occupancy of the licensed premises
<br /> by"TENANT'. This does not apply to reasonable wear and tear caused by normal and authorized use inherent with the event.
<br /> K. "TENANT' shall at its own expense, keep its licensed premises clean, neat and in good order, condition and repair, damage by
<br /> unavoidable casualty expected. "TENANT' shall not commit or suffer to be committed any waste to Fair's property, real or personal, or
<br /> commit any nuisance or do any act or thing which may disturb the quiet enjoyment of any person attending activities on the Red River Valley
<br /> Fairgrounds.
<br /> L. Both parties hereto agree to the following covenants and agreements:
<br /> 1. No sign, partition,apparatus,equipment,fixture or furnishing may extend more than 8 feet above the floor in a building in a licensed
<br /> premise without permission of the Fair Manager.
<br /> 2. No pins or tacks are permitted in drapes,walls,posts,etc.
<br /> 3. No nails of screws shall be placed into the floor.
<br /> 4. All aisles shall be kept clear of displays. No interview, demonstration, distribution of literature, or similar activity shall be permitted
<br /> outside the leased premises.
<br /> 5. No canvassing or solicitation,except by"TENANT'upon the licensed premises,if permitted.
<br /> 6. All structural work or alterations shall be inspected and approved by the Fair Manager. All construction materials such as bunting,
<br /> trees, drapes, etc., shall be fireproofed. All cloth over one yard square, unless it is displayed product, shall be fireproofed. NO
<br /> CREPE PAPER IS PERMITTED.
<br /> 7. Any vehicles and equipment having gasoline or any other flammable fuel reservoirs brought unto the licensed premises shall be
<br /> emptied, fuel caps shall be sealed or taped, and batteries or other electrical sources all be disconnected. Such vehicles and
<br /> equipment shall be subject to inspection by the Fire Marshall and Fair Manager at any time.
<br /> 8. Any special carpentry,electrical,gas,steam,water or drainage connections shall be installed at the"TENANT'S"expense.
<br /> 9. All labor necessary to erect structure for"TENANT'S"use on the licensed premises, is permitted.
<br /> 10. If"TENANT'S"actions create smoke or noxious odors or fumes,they shall be properly vented at the"TENANT'S"expense.
<br /> 11. The"FAIR"shall not be responsible for damage to, loss, or theft of property of the"TENANT'. "TENANT'is encouraged to obtain
<br /> insurance guarding against such losses.
<br /> 12. The"FAIR" requires strict adherence to the laws of the State of North Dakota pertaining to drugs and alcohol. "TENANT'will be
<br /> required to assist"FAIR"so as to prevent the violation of any laws pertaining to illegal drug or alcohol consumption and possession
<br /> by persons attending the function for which the premises have been licensed.
<br /> M. "FAIR'shall designate a certain portion of the premises immediately adjacent to the licensed premises for parking purposes, and it is
<br /> agreed that said parking facilities and spaces will be under the direct control of"TENANT'.
<br /> N. "FAIR"retains first right of refusal for concessions or catering the event.All beverages must be purchased from Red River Valley
<br /> Fair Association. Beverage orders must be submitted two-weeks prior to event date.
<br /> IN WITNESS A ' REO" he rties have caused this contract to be executed the day and year first above written.
<br /> RED RIVER VA Y F IR A OCIATION CASS COUNTY GOVERNMENT
<br /> 41111,1�
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<br /> an 's' ulz , Date Commission Chair Date
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