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City of Puyallup Pioneer Park Pavilion 330 S Meridian Puyallup, WA 98371 Office: (253) 841-5518 PIONEER PARK PAVILION RENTAL AGREEMENT Name or Group Person in Charge Address City Zip Work/Home Phone Cell Phone E-mail Address Alternate Contact Phone Check if: One Time Only Weekly Circle: Sun Mon Tue Wed Thu Fri Sat Starting Date Ending Date Set-up am/pm Event From am/pm To am/pm Clean up Until am/pm Total Number of Hours Per Use Tables Required # (49 max) Chairs Required # (400 max) Purpose of Use Number of People Expected: Adult Youth Admission Fee to be Charged Yes No $ per (Person/Couple) Will Items be Available for Sale? Yes No Describe Will Alcoholic Beverages be Available for Consumption (whether sold or not)? Yes No Applicant/Organization Comprehensive Liability Insurance Amount $ Insurance Co. Name Policy The Pioneer Park Pavilion is a Non-Smoking Facility. The undersigned hereby applies to the City of Puyallup for use of the above facility and certifies the information is correct and furthermore agrees to abide by all ordinances, policies, and rules and regulations, which may apply. The applicant shall indemnify and hold harmless the City of Puyallup, its elected and appointed officials, its employees and agents from and against any and all claims, demands, suits, actions, payments and judgments as a result of injury or death of any person or property damage to any property sustained by applicant or any other persons which arise from or in any manner grow out of any act or omission on or about said facility by applicant, its agents, guests, or employees, in the execution of this rental agreement including any and all expenses, legal or otherwise, incurred by the City or its representatives in the defense of any suit or claim. Such indemnity shall not include claims arising as a result of the sole negligence of the City of Puyallup, its elected and appointed officials, its employees and agents. The document entitled Pioneer Park Pavilion Rules and Fees is incorporated herein by this reference. Signed Date OFFICE USE ONLY Date Application Received By Deposit Amount $ Receipt # Date Balance Received By Balance Amount $ Receipt # Date Damage Deposit Rec’d By Deposit Amount $ Receipt # Date Linen Rental Rec’d By Linen Rental $ Receipt # Equipment Setup Fee By Setup Fee Receipt Approved By Date ---PAGE BREAK--- PIONEER PARK PAVILION RULES AND FEES Availability: 8:00 am to 1:00 am Friday and *Saturday *Rentals booked into 2027 & thereafter – 8:00 am to 12:00 am Friday and *Saturday** 8:00 am to 11:00 pm Sunday through Thursday 1. This approved reservation form authorizes the designated group use of the facility. The person in charge must have this form in their possession during the event. 2. “Force Majeure - Neither Party shall be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions strikes, freight embargoes, and unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor due to any likely or unforeseeable conditions stated above.” 3. Facility deposit: 50% of total fee payable upon reservation. Balance due 60 days prior to the rental date. Not refundable unless time period is re-rented. 4. Noise Restrictions - live bands, DJ music, or amplified voice from inside of the Pavilion shall not violate the levels set forth in WAC 173-60-040 between 10:00pm and 7:00am. Noise levels must be under 70 dBA outside of the building. Violation of Puyallup’s noise ordinance can result in event cancellation. 5. Do not tamper with AV equipment, circuit breakers, light plugs or rest room fixtures. 6. Satisfactory Commercial General Liability insurance in the minimum amount of $1,000,000 per occurrence shall be required for all events scheduled at the Pioneer Park Pavilion. The Commercial General Liability Insurance must name the City of Puyallup as an “ADDITIONAL INSURED”. If alcohol is being served the liability insurance shall include coverage for “liquor liability” with limits of not less than $1,000,000 per occurrence. The insurance policy shall contain, or be endorsed to reflect that the Applicant’s insurance coverage shall be primary insurance as respect the City of Puyallup. Any insurance, self-insurance, or self-insured pool coverage maintained by the City of Puyallup shall be excess of the applicant’s insurance and shall not contribute with it. The Certificate of Insurance and acceptable endorsement, shall be furnished to the City of Puyallup before use of the facility. 7. Vehicle access to the building from the south side only. No vehicles on the north patio or the floor of the building. 8. No outside banners advertising events except where specifically designated or provided for such purpose. Inside decorations allowed as approved by the Parks and Recreation Department. 9. Rentals allowed up to 200 calendar days per year by any single party. 10. Prioritization is first come, first served. Reservations may be taken 18-months in advance on a rolling 18-month period. 11. At the discretion of the Parks and Recreation Director, renters may be required to provide security personnel for their event. 12. The Pioneer Park Pavilion is a non-smoking facility. 13. The use of the Pioneer Park Pavilion extends to the use of the Building and North Patio area. Use of Pioneer Park will be limited to current park hours. 14. The City of Puyallup may refuse rental or terminate this agreement at any time if in the opinion of city staff the rental may create a nuisance, pose a health or safety risk, or if applicant or event attendees violate any law, rule, or regulation. 15. Applicant waives any action or claim for damages relating to the subject matter of this agreement, or arising from an alleged breach of this agreement, or a revocation of the agreement hereunder. Such claims shall include, but are not limited to, lost opportunities and consequential or incidental damages. THE CITY SHALL NOT BE LIABLE TO APPLICANT OR OTHERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF THE CITY'S PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, BREACH OR DEFAULT UNDER THIS AGREEMENT, OR THE USE OF, INABILITY TO USE OR RESULTS OF USE OF THE LICENSE UNDER THIS AGREEMENT, EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Pioneer Park Pavilion will not be available to any group or organization that promotes discrimination, or has a record of discrimination on the basis of race, creed, color, national origin, families with children, gender, marital status, age, sexual orientation, or the presence of any sensory, mental or physical disability. Permission to use the facility does not constitute an endorsement of a group’s philosophies, policies, or beliefs. * The Pioneer Park Pavilion is not available for full-day rentals on Saturdays mid-April through mid-October.