BROCKTON FAIR LICENSE AGREEMENT

Transcription

1 BROCKTON FAIR LICENSE AGREEMENT BAS Holding Corp., a Delaware Corporation, having an address of 1958 Broadway, Raynham, MA (hereinafter, the Licensor ), and the following party who is the Licensee, for good and valuable consideration acknowledged as received and sufficient, do hereby enter into this License Agreement. Licensee Name: Licensee Address: Licensee Telephone: Licensee Licensee F.I.D or SSN: Driver s License No. 1. LICENSE 1.1 The Brockton Fair will be conducted at the Premises known as the Brockton Fairgrounds, located on Belmont Street, Brockton, Massachusetts, from 6/29/18 to 7/8/18 (License Period). The Licensee is hereby licensed to enter the Premises, during the License Period, for the limited purpose stated in this License Agreement and at all times subject to the terms and conditions expressed in this License Agreement. By signing this License Agreement the Licensee agrees to be open, and remain open, for business at its assigned Vendor Outdoor Space for the entire duration of the Brockton Fair. 1.2 Vendor Outdoor Space. The Vendor Outdoor Space means a specific open space that is assigned to the Licensee by the Licensor. The Licensee requests that it be assigned Vendor Outdoor Space(s) that meet the following requirements (minimum 10 feet of front footage): For each Vendor Outdoor Space, please provide dimensions (must include awnings and trailer hitches): #1 feet (width) x feet (depth) #4 feet (width) x feet (depth) #2 feet (width) x feet (depth) #5 feet (width) x feet (depth) #3 feet (width) x feet (depth) #6 feet (width) x feet (depth) Electrical Power Requirements: (See attached Electrical Order Form) The Licensee is permitted to enter the Premises only during the License Period and only for the purpose of using its assigned Vendor Outdoor Space to sell the following listed products and/or services: NO ALCOHOLIC BEVERAGES MAY BE SOLD BY THE LICENSEE. Page 1 of 10

2 1.3 House Trailer Space (Optional). The House Trailer Space means a specific open space that is assigned to the Licensee by the Licensor for the purpose of parking a trailer for living accommodations. House Trailer Spaces are optional and require payment of a separate fee. o Licensee requests that it be assigned (insert number) House Trailer Space(s). (Check box only if a House Trailer Space is being requested) VENDOR OUTDOOR SPACE MAY NOT BE USED FOR HOUSE TRAILERS OR LIVING ACCOMMODATIONS. 1.4 Motor Vehicle Parking. The Licensor will provide two parking passes (per Vendor Outdoor Space), which shall allow the Licensee to park its motor vehicle in designated parking lot areas, during the conduct of the Brockton Fair. Additional parking passes may be purchased for a fee of $25 each. Vehicles that are not parked in the designated parking lot areas will be towed at the Licensee s expense. 2. LICENSE FEES 2.1 The Licensee shall pay the Licensor the following License Fees. License Fees must be paid by cash, bank check, or money order no personal checks. Licensee Fee amounts are for the duration of the License Period, unless stated otherwise: Total License Fee for all Vendor Outdoor Space ($80.00 per front foot): $80 x feet = $ Electrical Power For Each Vendor Outdoor Space: (See attached Electrical Order Form) Each House Trailer Space (if applicable): $35.00 per day. 2.2 The Licensee shall pay a nonrefundable deposit of 50%, of the License Fee, for the total Vendor Outdoor Space, upon signing this Licensee Agreement. The remaining balance of the License Fee is payable upon arrival, at the Brockton Fair. 3. INSURANCE AND INDEMNIFICATION 3.1 Insurance Certificate. No less than 3 business days before the Licensee intends to enter the Premises, the Licensee shall deliver to Licensor an original certificate of insurance evidencing the following type of insurance and coverages as minimum requirements (a sample of the certificate of insurance is posted on the Brockton Fair website): Commercial General Liability insurance with limits of liability of $1,000, per occurrence and $2,000, aggregate, insuring against property damage, bodily injury and personal injury with affirmative coverages for insured contracts. Motor vehicle liability coverage with limits of liability for damage to property, bodily injury and personal injury no less than $1,000, combined single limit. Worker s compensation insurance with minimum coverages as required by law. The certificate of insurance shall name Middleborough Agricultural Society, BAS Holding Corp., and Brockton Fair Caterers, Inc. as additional insureds. Page 2 of 10

3 3.2 Indemnity. In consideration for Licensor executing this License, Licensee hereby covenants and agrees that Licensee shall indemnify and hold harmless the Middleborough Agricultural Society, BAS Holding Corp. as the real property owner of the Premises, and Brockton Fair Caterers, Inc. (the foregoing, including their respective employees, agents, officers, directors, shareholders, trustees, beneficiaries, members and managers are collectively, the Insured Parties ) from and against any and all claims, losses, expenses, liabilities, damages and personal injuries of every form and nature (including indemnity for reasonable attorney fees and costs) that arise from or relate to the Licensee s activities at the Premises. 3.3 Risk of Loss. The Licensee expressly assumes all risk of loss to personal property and for personal injury from whatever causes. THE LICENSEE SHALL BE SOLELY RESPONSIBLE TO SUPERVISE ITS ACTIVITIES ON THE PREMISES TO ENSURE THAT ITS ACTIVITIES ON THE PREMISES ARE UNDERTAKEN IN A SAFE MANNER, AND TO ENSURE THAT THE PREMISES ARE AT ALL TIMES IN A SAFE CONDITION FOR LICENSEE S INTENDED PURPOSES. THE LICENSEE SHALL INSPECT THOSE AREAS OF THE PREMISES WHICH IT IS USING AND SHALL PROMPTLY REPORT ANY UNSAFE CONDITIONS TO THE LICENSOR. 3.4 Waiver of Subrogation. Licensor and Licensee each waive any and all rights to recover against the other, and against the Insured Parties (defined above), for all claims, losses, expenses, liabilities, damages and personal injuries of every form and nature (collectively, Claims ) that such waiving party might incur, but only to the extent the waiving party is actually reimbursed by insurance policies for such Claims. 4. GOVERNMENT PERMITS 4.1 Government Permits. If the Licensee s activities on the Premises requires any permits, licenses or other approvals from any governmental authority (collectively hereinafter, Permits ), the Licensee shall acquire all required Permits, before entering the Premises and shall at all times comply with the terms and conditions of such Permits. Without limiting the generality of the foregoing, the Licensee shall take note of the next listed Permits: * BOARD OF HEALTH PERMITS The Health Inspector, from the City of Brockton, will be at the Brockton Fairgrounds to issue BOH permits. For more information, contact the BOH directly at, (508) * BUILDING PERMITS Building permits are obtained from the City of Brockton Building Department. For further information call (508) * PROPANE PERMITS Propane use and storage requires a Permit. The valves on propane tanks must be off when not in use and the tanks must be CHAINED, in upright position, to avoid tipping. Please use CHAINS only, no ropes, bungees, etc. A properly sized and inspected fire extinguisher must be present. Permits for propane tanks will be available at the First Aid Office, prior to the Brockton Fair opening. Date and time will be posted at the Fair s office. Fee for Permit is $45.00 and cash, certified check, or money order is required. Any questions may be directed to Brockton Fire Department Fire Prevention Bureau at (508) * MASS SALES AND USE TAX REGISTRATION CERTIFICATE The Massachusetts Sales and Use Tax Registration Certificate, Form ST-1, must be obtained and conspicuously displayed. See the Mass DOR website for more information. Page 3 of 10

4 5. MISCELLANEOUS 5.1 General Terms and Conditions. The License Agreement is executed in Massachusetts and shall be construed in accordance with Massachusetts law. Licensee is prohibited from entering Premises for any purpose other than as expressly provided herein. This is a revocable, non-exclusive license given to the Licensee and shall not be construed as a lease or tenancy of any kind. The Licensee shall not be in exclusive possession of its licensed space. The Licensor may revoke this License at any time, by oral communication or by writing, without necessity for cause or prior notice to the Licensee. Any License fee shall be non-refundable in the event this License is revoked by the Licensor. Licensee agrees to immediately vacate the Premises (including removal of its personal property) upon the expiration of this License or its earlier revocation by the Licensor. The Licensor makes no express or implied warranties concerning the condition of the Premises or the fitness of the Premises for Licensee s intended use, or any other matter. Licensor is not providing any services to Licensee unless expressly stated in this License. The Licensee shall not interfere with the use of the Premises by others. The Licensee may not assign its License or this License Agreement and may not sub-license or allow any third party use. No right to bring invitees or others is permitted unless authorized by the Licensor. Without limiting the generality of the foregoing, Licensee shall not alter or disturb the Premises in any fashion or perform any construction at or to the Premises. Licensee shall cause no waste of the Premises. 5.2 Rules and Regulations. While on the Premises, the Licensee shall adhere to the directions of Licensor s employees and agents. Licensee shall comply with any written rules and regulations that the Licensor may issue from time-to-time. 5.3 Prohibited Items. All persons attending the Brockton Fair are advised that their entry is subject to search at any time, at the discretion of the Licensor. By entering or seeking to enter the Brockton Fair all persons are expressly consenting to such searches. The Licensor reserves the right to refuse entry, or to revoke entry after made without return of any entry fees or License Fees, to any person found to have prohibited items or who refuses a search. Enforcement will be without exceptions. Prohibited items include, without limitation: coolers, alcoholic beverages and illegal drugs, knives of any size, weapons or objects that could be used as a weapon, bicycles and pets. No storage will be provided for prohibited items. This License Agreement is entered into in Massachusetts and is dated as of the date signed below by the Licensor. LICENSEE: By Name: Title: Date LICENSOR: Middleborough Agricultural Society By Name: Title: Date Please return signed License Agreement to: Brockton Fair P.O. Box 172 Raynham, MA brocktonfair@yahoo.com Page 4 of 10

5 ELECTRICAL ORDER FORM Licensee Name: Electrical Outlets: Approximately 120V ac 60 cycle. Please remember to bring an extension cord of at least 150 feet. 120 Volts Quantity Unit Price Total watts (20 amps) $ watts (30 amps) $ Electrical Service Connections: Approximately 208V ac 60 cycle. 208 Volts Single Phase Quantity Unit Price Total 30 amps $ amps $ amps $ amps $ Total Electrical Charges: The Licensee is solely responsible to calculate this Electrical Order Form. The Licensor is not responsible for verifying the Licensee s electrical requirements. Page 5 of 10

6 2018 BROCKTON FAIR VENDOR HOURS OF OPERATION HOURS OF SET UP: Monday, June 25 th Tuesday, June 26 th Wednesday, June 27 th Thursday, June 28 th Friday, June 29 th 10:00 a.m. 5:00 p.m. 10:00 a.m. 5:00 p.m. 10:00 a.m. 5:00 p.m. 10:00 a.m. 5:00 p.m. 10:00 a.m. 4:00 p.m. *All vendors MUST be completed with set up by 4:00 p.m., Friday, June 29 th HOURS OF OPERATION: Friday June 29 th 5:00 p.m. Midnight Saturday June 30th 2:00 p.m. Midnight Sunday July 1 st 2:00 p.m. Midnight Monday July 2 nd 5:00 p.m. Midnight Tuesday July 3 rd 2:00 p.m. Midnight Wednesday July 4 th 2:00 p.m. Midnight Thursday July 5 th 5:00 p.m. Midnight Friday July 6 th 5:00 p.m. Midnight Saturday July 7 th 2:00 p.m. Midnight Sunday July 8 th 2:00 p.m. 10:00 p.m. CONTACT INFORMATION: Brockton Fair Office: Website: brocktonfair@yahoo.com Facebook: ADDRESS FOR UPS/FED EX DELIVERIES: Packages should be picked up at local locations and labeled Hold for Pickup. UPS local center: 200 Oak Hill Way, Brockton, MA Fed Ex local center: 4 Chiefs Way, Randolph, MA Page 6 of 10

7 2018 BROCKTON FAIR Trailer Park Reservation Name: Street Address: City, State, & Zip: Telephone: Vehicle Information Make: Model: Year: License Plate # State: Arrival Date: Departure Date: Rent for trailer park spaces will be $35.00 per day. A payment of $ can be made to cover rental from Monday, June 25 th through Sunday, July 8 th. Please include payment, with reservation form. Page 7 of 10

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9 The Commonwealth of Massachusetts Executive Office of Public Safety and Security Department of Fire Services CHARLES D. BAKER G OVERNOR KARYN. POLITO L T. GOVERNORE DANIEL BENNETT SECRETARY P.O. Box State Road Stow, Massachusetts (978) Fax: (978) PETER J. OSTROSKEY STATE FIRE MARSHAL TO: FROM: MEMORANDUM Heads of Fire Departments Peter J. Ostroskey State Fire Marshal DATE: May 2, 2016 RE: Cooking Appliances under Tents, Canopies and other Temporary Structures The Department of Fire Services has become aware of questions related to cooking under tents, canopies and temporary structures at fairs, carnivals and community events. The Massachusetts Comprehensive Fire Safety Code (527 CMR 1.00) contains provisions related to commercial cooking equipment. Specifically Section requires that such facilities comply with the provisions of code unless exempted by the Authority having Jurisdiction. A number of fire departments have asked for guidance in those situations where the Head of the Fire Department has decided to exempt these types of facilities from certain provisions of the Code related to fire suppression and exhaust systems. At a minimum the following the safety considerations should be addressed if a decision is made by the head of the fire department to exempt these facilities. Tent, canopy, or temporary structure is located at least ten feet from any other structure. Administrative Services - Division of Fire Safety Hazardous Materials Response - Massachusetts Firefighting Academy Page 9 of 10

10 Tents, canopies, or temporary structures must be free standing. Sides may not be fully enclosed during cooking. Cooking equipment should be listed for commercial use. Clearances shall be maintained in accordance with the manufacturer s installation instructions. Occupancy within the tent, canopy, or temporary structure is limited to those persons involved in the food preparation. Food should be served at the outer edge of the tent, canopy, or temporary structure. Suitable barriers shall be provided to maintain a distance of not less than five feet from cooking equipment to areas accessible by the public LP-gas containers shall be located at the exterior edge of the tent, canopy, or temporary structure and secured to prevent tipping, damage or tampering. LP-gas containers should not be secured to the tent, canopy, or temporary structure. The LP-gas container shut off shall be accessible to operators and first responders. In cases of tents or canopies, they shall be flame resistant, and documentation shall be provided. Roofs of temporary structures shall be flame resistant or non- combustible. Storage of combustible items in the tent, canopy, or temporary structure shall be limited. Portable fire extinguisher shall be provided at each cooking location. A minimum of one K Class extinguisher shall be provided for each cooking location with a deep fat fryer. These safety considerations are provided as guidance only. Fire departments should also factor in any unique hazards associated with their particular event. If you need further assistance please contact the Code Compliance and Enforcement Unit at (978) Page 10 of 10