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HomeMy WebLinkAbout2017-110-E ES - Event Center for venue rental for Active Shoot Incident training DocuSign Envelope ID:3B5E78D3-FFF7-4007-AF36-1CAECE97A85F „ . c� . — RESERVATION AGREEMENT -E -/ENT TEN ER 200 S. Elliott Road, Chapel Hill, NC 27514 EXTRAORDINARY VENTURES Phone: 919-928-5718 Cyndi Whisnant, Event Center Director Cyndi@.evnc.org *www.events.evnc.org Event Host's Contact Information Event Host's Name Bonnie Hammersley Phone: 919-732-8181 Name of Organization/Event: Orange County Emergency Services–ASIM Training Event Planner's Name: Kirby Saunders Phone: 919-245-6135 office Event Planner's Primary Contact Email: ksaunders@orangecountync.gov Event Host's Billing Address: 510 Meadowlands Drive, Hillsborough, NC 27278 Event Details Agreement signed Date of Event(s): Tuesday,Wednesday,Thursday, Mar 28,29,30,2017 Event scheduled Room (s) Reserved: Great Hall, Kitchen, Franklin, Columbia, Board Room Expected Attendance: 70 Alcohol:_Yes_x_No Event invoiced Rental Items: Yes_x_No (Described in Attachment A: Rental Items) Set up map created Hours including Set-up/Clean-up Beginning Time in the space: 7:30am Ending Time in the space: 5:30pm 25%received Event Charges Second Installment Basic Event Price: $ 2,400 Final payment received Additional Rental Items: $ 0 Police Security $ 0 Proof of insurance Security Deposit $ 0 Officer scheduled Total Event Charges $ 2,400 *Can be billed after event The Cleaning Crew scheduled Three-step Payment Schedule Due Date Amount Security deposit 1. Reservation Fee:25%of Total Charges returned 2. Confirmation Charge:25%of Total Charge 3. Final Payment: Remainder of Total Charges Methods of Payment Cash,checks, credit cards and money orders are accepted Checks should be made payable to:Extraordinary Ventures, Inc. Security Deposit will be deposited and held until after completion of the event and returned unless damages occur or there is a breach in the Rental Policy Agreement. Host will be provided a 5%discount on Total Event Rental Charges if full payment is made at the time of initial reservation or within 5 business days of initial reservation. r DS Page 1 of 5 Event Host's Initials: Event Center Director's Initials:_CW__ DocuSign Envelope ID:3B5E78D3-FFF7-4007-AF36-1CAECE97A85F Extraordinary Ventures Event Center Rental Policy &Agreement This`Agreement"establishes the pertinent rules and regulations regarding the use of the Extraordinary Ventures Event Center("Event Center'). You are asked to initial each page to indicate that you have read and agree to the terms on that page. You signature on the last page indicates that you accept and agree to the terms as a whole. Section I. Reservations, Payments, and Cancellation Reservations:To reserve a date and time for an event at the Event Center("reservation"),the Host must read this Agreement,sign and date it confirming full understanding of all terms, conditions, responsibilities, rules and regulations, and submit payment to cover the Non-refundable Reservation Fee of 25%of Total Event Charges to the Event Center Director. Until all steps outlined above are completed, a reservation is not confirmed and the Event Center Director at their sole discretion may book the space to another party. Payment: Payment must be made in full at the time of the initial reservation or in installment payments according to the Three-Step Payment Schedule as shown on Page 1. Full payment for the entire event, including the Security Deposit, must be received by Event Center Director no later than 30 days prior to the event. All late payments must be approved by the Event Center Director.Any late payment may be subject to a late payment fee of 20%of the amount then due.Any payment that is returned for insufficient funds,or for any other reason,will be subject to a$200 or 50%fee,whichever is greater, and the Event Center Director may at their sole discretion cancel a reservation and collect the owed funds plus the penalty fee. Event Cancellation Policy: If an event is canceled by Host within 5 business days of initial reservation, any amounts paid by Host will be returned by Event Center without consequence. If an event is canceled by Host anytime thereafter,the Non-refundable 25%Reservation Fee (the payment that reserves a spot on the Event Center calendar)will not be returned under any circumstance. If an event is canceled by Host within 90 days of the date of the event,the Non-refundable Confirmation Charge will be forfeited. There are no exceptions to this policy!All cancellation requests must be received by Event Center Director in writing. Section II. Event Center's Rights and Responsibilities On-site Management: Event Center agrees to provide Event Center staff to meet with Host at a time mutually agreed by Host and Event Center Director on the day of Host's event.Event Center staff will open the facility, provide Host or Host's designee with an additional tour of the space which has been reserved for Host's event (if so required), and answer any questions that Host may have at that time. Event Center does not undertake to provide staff availability for the entire duration of Host's event. Lock-up duties for all evening events will be performed by cleaning staff subcontracted by Event Center. Emergency Contact Information: In case of an emergency, serious problem, or if facility must be vacated earlier than scheduled in Host's reservation, Host will contact Event Center Director Cyndi Whisnant at(Cell) 919-612-2032 or(Home) 919-929-5858. (Event Hosts- Please use these number only in the case of an emergency). Multiple Bookings: Event Center reserves the right to book more than one event in the Event Center facility on the same day and time.All due consideration will be given to avoid conflicts which could result from noise or traffic concerns. To ensure that no conflicts of this nature arise, Host may elect to pay a higher rate to have exclusive use of the entire facility. Host and attendees of Host's event are restricted to the rental areas listed in this Agreement. Photo Release: Host grants permission to Event Center, at Event Center Director's discretion, to take photographs of Host's event, and event attendees; grants Event Center the right to make use of said photographs in its publications, including website, without payment or other consideration;agrees that these materials will become the property of the Event Center and waives any right to royalties or other compensation arising or related to the later use of the photographs; and further agrees that Event Center may use the photographs for any lawful purpose, including publicity,illustration,advertising,and Web content. r DS Page 2 of 5 Event Host's Initials: Event Center Director's Initials:_CW__ DocuSign Envelope ID:3B5E78D3-FFF7-4007-AF36-1CAECE97A85F Section III. Host's Rights and Responsibilities Event Marketing: The permitted use of Event Center facility as a venue by Host does not signify or constitute an affiliation between Extraordinary Ventures, Inc.or Extraordinary Ventures Event Center and the event Host or an endorsement/approval of the event or event Host by Extraordinary Ventures, Inc.or Extraordinary Ventures Event Center.When advertising/marketing Host's event,whether in print,electronically, or orally,Host may not refer to Extraordinary Ventures,Inc.or Extraordinary Ventures Event Center as being a"supporter,""host,"or"affiliate"of Host or Host's event.Host may in no way state or imply that Extraordinary Ventures,Inc.or Extraordinary Ventures Event Center supports Host's stated or unstated mission or the particular event being held at the Extraordinary Ventures Event Center. Further,Host is only permitted to use the physical address("200 South Elliot Rd.,Chapel Hill,NC 27514")when describing the venue location. Police Security: Police security enforcement is required at most evening social events at EV.Without exception,all events including alcohol are required to have extra police security guards present.Police security will be contracted by Event Center on behalf of the Host and at the Host's expense.The decision on how many hired police security guards to have at an event will be in the sole discretion of the Event Center Director. The full cost of such police security enforcement will be paid by the Host and is listed on Page 1 of this Agreement. Alcohol and Insurance: Social events held at Event Center often require insurance. If an event is reasonably expected to include alcohol- whether furnished by the Host,one or more of the guests,or brought on to the premises by another party- insurance is mandatory. For events requiring insurance, Event Center must receive a current Certificate of Insurance showing proof of one million dollars of commercial general liability coverage. If alcohol is involved, liquor liability coverage must also be included. The Certificate of Insurance must name Extraordinary Ventures, Inc., Spike, LLC, and Avison Young, Inc. as additional insured. Host further agrees to hold harmless, defend, and indemnify Extraordinary Ventures,Spike LLC,and Avison Young,Inc. A copy of the Certificate of Insurance must be submitted to the Event Center Director a minimum 30 days prior to the event date to give Event Center time to verify the insurance. Event Center Director retains the right to cancel any event and retain all payments received if said Certificate of Insurance is not submitted on time. Capacity:It is Host's sole responsibility to accurately declare the expected attendance for Host's event and to make every effort to adhere to this attendance total.If actual attendance of an event turns out to be greater than the declared expected attendance,Host is required to inform Event Center Director promptly. If the attendance exceeds the declared expectation on Page 1 of this Agreement and such information is not provided to Event Center Director promptly, Host will be subject to additional charges at the discretion of the Event Center Director. All rooms at Event Center have legal maximum occupancy limits for number of individuals allowed at any time. It is the Host's responsibility to know the occupancy limit for each room reserved and to adhere to the limit for the safety of all. If, at any time, attendance exceeds the legal maximum occupancy limit,the Host is considered in breach of this Agreement and the event must be ended promptly. There are no exceptions to this policy! Section IV. Security Deposit and Specific Damages Security Deposit:A refundable Security Deposit will be included in Event Charges on Page 1.The purpose of the Security Deposit is to cover any damages,additional clean up expenses or monetary losses incurred by Event Center in relation to an event that, in the opinion of the Event Center Director, exceeds normal wear and tear. Damages, if any, are determined at the sole discretion of the Event Center Director. Security Deposits will be returned no earlier than seven business days after an event has taken place. Host's understanding and acceptance of the Event Center Security Deposit policy is confirmed by their signature on Attachment B:Security Deposit. Event Duration: The date and hours of Host's event reservation are established on Page 1.After the Agreement is signed, there will be no flexibility given to event's duration,without prior written approval of the Event Center Director.The event's duration must include sufficient time at the beginning to set up or assemble (including the work of caterers, time to set up rental equipment, etc) and sufficient time at the end for disassembly. At the specified end of an event, all activities, functions, meetings, congregations, speeches, social interaction, music, and/or festivities must cease, all persons in attendance must promptly leave the premises, and general clean up by the Host must be completed promptly. Failure to abide by this policy will result in a$200 fee for every half-hour of delay being deducted from Host's Security Deposit total. Host's Clean Up Responsibilities: Disassembly and general clean-up at the end of an event is the sole responsibility of the Host. Disassembly and general clean-up includes picking up trash in all areas,taking event trash and garbage to the on-site dumpster, removing all event materials and personal items from the building,and performing all other duties in order to return the premises fully and completely to its original condition and cleanliness. Importantly, the kitchen area must be returned to its original condition and cleanliness by thoroughly cleaning all work areas, stove, oven, sinks,floor,dishwasher and microwave.Additional kitchen clean-up requirements are listed below.Absolutely nothing belonging to the Host or any guest must be left behind on the Event Center premises. Failure to fulfill these responsibilities will result in a$200 fine or up to 50%of the Total Event Charges IN ADDITION TO total loss of Host's Security Deposit. r DS Page 3 of 5 Event Host's Initials: Event Center Director's Initials:_CW__ DocuSign Envelope ID:3B5E78D3-FFF7-4007-AF36-1CAECE97A85F Kitchen Usage and Clean Up: Kitchen usage is limited to preparation only. This means that food may be assembled and may be warmed or kept warm using the oven and microwave. Perishables and beverages may be chilled in the refrigerator or freezer.All areas must be cleaned thoroughly after use. In addition,all food and other items used for an event must be removed from the refrigerator,oven, microwave,stove, and kitchen area. Leaving a dirty/untidy kitchen will result in a$300 fee being deducted from Host's Security Deposit total. Rental Equipment Delivery & Pick Up Inventory Fee: The Host will be charged an automatic fee of at least $200 per day for any props, displays, decorations, equipment(rental or otherwise), personal items,foodstuffs or materials used in an event that are dropped off earlier than arranged or left on the premises after an event is complete,without prior approval of the Event Center Director,in writing. No Smoking: Event Center is a 100% Smoke-Free facility. Smoking is absolutely prohibited on the premises at any time.This includes all outside areas such as the parking lot and grounds in addition to inside the facility. There are no exceptions to this policy!To ensure the cooperation and comfort of Host's attendees, Host agrees to advise its attendees of the smoke free policy. If additional clean-up of cigarettes or cigarette butts is required,a$200 fee will be deducted from Host's Security Deposit total. No Beer Kegs: Beer kegs, no matter the size or variety, are absolutely prohibited on the entire physical premises of Event Center at any time. There are no exceptions to this policy!Failure to abide by this policy will result in a$300 fine IN ADDITION TO total loss of Host's Security Deposit. Unauthorized Decorations: Event Center prohibits decorations from being attached to walls, ceilings or floors without the prior express permission of the Event Center Director.All decorations must be removed promptly at the end of the event.All flames,glitter, and fog machines are deemed unsafe and are absolutely prohibited.The cost of damages due to unauthorized decorations will be deducted from the Host's Security Deposit total. Property Damage and Host Liability: The Host and all guests and attendees are required at all times to follow all rules and policies of Event Center as well as obey all state and federal laws and take whatever precaution necessary to avoid harm to any party. Extraordinary Ventures, Inc., Extraordinary Venture Event Center and partners assume no responsibility for damages to the facility or its contents or the loss or damage of any materials brought on the property at any time.The Host assumes full responsibility for the conduct of all persons in attendance, including subcontractors,and for any damages done to any part of the premises or theft of property.The cost of damages to the premises or theft will be deducted from the Host Security Deposit and may exceed the security deposit amount. Event Center retains the right to pursue legal action to recover damages from negligent/accidental behaviors that exceed the security deposit amount. Excessive Noise: Excessive noise from events caused by loud music and/or bands, etc., is not allowed. If an event is engaged in excessive noise,either the Event Center Director or police security officers present may order a reduction of the noise level.If noise levels are not reduced, the event may be terminated at the sole discretion of the Event Center Director.Additionally,a$500 fee will be deducted from Host's Security Deposit total. Animals: Pets are not allowed in the building at any time without the express approval of the Event Center Director. Professionally-trained service dogs assisting individuals with disabilities are permitted. Section IV. General Provisions Notice:Any notice required or permitted by the terms of this Agreement must be in writing. Indemnification: The event Host agrees , to the extent provided by North Carolina law, to defend indemnify and hold harmless Extraordinary Ventures,Inc., Extraordinary Ventures Event Center,Spike, LLC.,and Avison Young, Inc.from all claims associated with the Event Host's use at 200 S. Elliott Rd.Chapel Hill,NC,except for those actions caused in whole or in part by the negligent or intentional act or omission on the Part of the Event Center. Dispute Resolution:The parties will resolve any claim or dispute arising out of or relating to this Agreement through binding arbitration before one arbitrator conducted under the rules of the American Arbitration Association or JAMS in the state and city in which Event Center is located. The laws of the State of North Carolina will be the governing law.The arbitration award will be enforceable in any state or federal court.In any arbitration or litigation arising out of or relating to this Agreement or the enforcement of any arbitration award,the prevailing party will recover attorneys'fees and costs including expert witness and arbitration fees and pre-and post-judgment interest. Each party will be responsible for attorneys'fees and interest associated with the other party's efforts to collect any monies owed under this Agreement. Force Majeure: If acts of God or government authorities,natural disasters,or other emergencies beyond a party's reasonable control make it illegal or impossible for such party to perform its obligations under this Agreement,such party may terminate this Agreement upon written notice r DS Page 4 of 5 Event Host's Initials: Event Center Director's Initials:_CW__ DocuSign Envelope ID:3B5E78D3-FFF7-4007-AF36-1CAECE97A85F to the other party without liability. Assignment: Event Host may not assign or delegate its rights or responsibilities under this Agreement without the Event Center Director's prior written approval. Severability: If any provision of this Agreement is held to be invalid or unenforceable that provision will be eliminated or limited to the minimum extent possible,and the remainder of the Agreement will have full force and effect. Rescission:In light of the specialized nature of the event space rental business, Event Center reserves the right to terminate this agreement,at any time and without cause,by providing fifteen days written notice to Event Host.If Event Center exercises this right of rescission,Event Host will be provided a refund of all amounts paid for event's reservation,without deduction of any sort,within five business days of having provided notice of rescission. Waiver:If either party agrees to waive its right to enforce any term of this Agreement,it does not waive its right to enforce any other terms of this Agreement. Entire Agreement:This Agreement,including any Attachments hereto,constitutes the entire agreement between the parties,supersedes all other written/oral agreements between the parties concerning its subject matter,and may not be amended except by a writing signed by Host and Event Center Director. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Event Center shall at all times remain in compliance with all applicable local,state,and federal laws,rules,and regulations including but not limited to all state and federal anti-discrimination laws,policies,rules,and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Event Center affirms that Event Center is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Event Center certifies that Event Center has not been identified,and has not utilized the services of any agent or subcontractor,on the list created by the State Treasurer pursuant to G.S. 147-86.58. I certify that I have been authorized to act for and to execute this agreement on behalf of the Event Host.The Event Host has carefully read the Rental Policy&Agreement statement and agrees without exception to abide by all the stated policies, rules and regulations therein. ,¢DocuSigned by: b (��, Event Host: bt&in,tt, lk ��5-- I Date: 3/14/2017 0637994B755E477... Event Center Director Cynthia C.Whisnant Date: 1-27-17 Voted 2016 PEOPLE'S 2016 mission of Extraordinary Ventures is to provide jobs for adults with developmental disabilities. We thank you for your support. To learn more about what we do,visit www.EVNC.org. Page 5 of 5 Event Host's Initials: Event Center Director's Initials:-CW-_