Ag Center Form

AGWEST FARM CREDIT AG CENTER CONDITIONS OF USE As AgWest Farm Credit is committed to supporting our agricultural community, the AgWest Farm Credit Agricultural Center (the “Ag Center”) is available for scheduled meetings of Agriculture Groups throughout the Imperial Valley, free of charge. Agriculture Groups are defined for the purposes of this Use Agreement as any nonprofit or for-profit business, organization or community group that puts forth their efforts in the interest of agriculture, nature, land and resources, or involved in the science, art, or practice of cultivating the soil, producing crops, and raising livestock. The Ag Center will accommodate up to 100 people indoors or in the alternate can be partitioned to accommodate two groups of up to 50 people. Also available indoors is a full kitchen with serving area, and outdoors a BBQ with patio area and additional outdoor seating. Restrooms are available. Portable tables and chairs will also be available upon request. The undersigned person, individually or on behalf of an Agriculture Group (the “User”) hereby agrees as follows: TERMS OF USE: A. Requests for Use. 1. Requests for use of the Ag Center must be submitted to the Imperial Branch Office at least one week in advance and be approved by the Imperial Branch Manager or Regional Vice President. A User may request to reserve single or recurring events, and each use shall be subject to the terms of this Agreement and not be in conflict with any meeting or event scheduled by AgWest staff. 2. This Agreement must be completed, signed, and submitted prior to each use, or in the case of recurring events, prior to such first event, or from time to time at AgWest’s request. 3. The person signing this Agreement on behalf of an Agriculture Group represents, on behalf of him or herself, and on behalf of the Agriculture Group, that he/she has the authority to enter into this Agreement and bind the Agriculture Group to the terms hereof. 4. Each User must designate a primary and secondary authorized representative and provide AgWest with contact information for those representatives. 5. Reservations cannot be requested more than 180 days prior to the meeting. B. Access and Guidelines for Use. 1. Schedule. (a) For events or meetings during regular business hours (8:30 a.m. - 4:30 p.m.) a AgWest employee will be in the building and will have access to any rooms needed and additional supplies. (b) For events or meetings after business hours, a AgWest staff member will arrange for group access to the building. The primary or secondary authorized representative identified by User to AgWest shall be responsible for securing the building and turning on the alarm when exiting the premises at the conclusion of the meeting. All access key cards must be returned to the AgWest Imperial Valley Branch Office the following business day. 2. Use of Ag Center. User shall inspect the Ag Center and accept it in its present condition and shall not alter or change the facilities. User shall bring in and remove all equipment used in connection with the function or event for which the Ag Center is being used in such a manner as not to interfere with the normal operation of AgWest, and will remove all such equipment promptly. User shall clean the Ag Center prior to vacating, including, wiping down all surfaces and cleaning any spills on the floors or tables. Paper towels and cleaning solutions are available for use. Tables and chairs must be stacked on carts and retired to the storage area located in the Ag Center. 3. Cleaning Deposit. A cleaning deposit of $250.00 will be charged on all meetings where food and/or refreshments are to be served indoors or outdoors. This deposit may be fully or partially refunded after the event, based on whether additional cleanup is required. Notwithstanding the foregoing, no cleaning deposit will be required for day use meetings during business hours. However, if the meeting room is not left in “ready to use again condition”, as determined in AgWest’s sole discretion after post-event inspection, User may be charged a cleaning fee for such meetings. 4. Right to Cancel; Termination of Agreement. AgWest may at any time, up to and including the time of the scheduled use, cancel without penalty or obligation any reservation for the use of a meeting room if the space is needed for AgWest purposes, or if the User has at any time violated AgWest policies respecting the use of the Ag Center. AgWest may also cancel, without penalty, any reservation on account of any act of God or for any conditions beyond the reasonable control of AgWest such as damage to all or any part of the AgWest premises, any malfunction or suspension of services or utilities, severe weather conditions, a catastrophic event, closing of the building for public use, or for any reason related to the usability or safety of the building. 5. Parking. Meeting/event participants may park in any unrestricted parking space. Guests are to enter through the Ag Center main entrance. 6. Guest Wireless. Wireless access is available in the Ag Center subject to approval by AgWest and AgWest’s Guest Wireless Agreement. 7. Use of AgWest Projector/Screen. A dropdown screen and overhead projector is located on the east side of the Ag Center indoor room and is available for use upon prior request. User understands that AgWest staff may not be available to provide technological assistance during or for the duration of the time of User’s event, meeting, or gathering. User will be responsible for the actual cost of repair and/or replacement of any pieces of equipment which User or an invitee of User damages. 8. Fire Alarms, Etc. User hereby acknowledges that they have been shown the location of the fire alarms, fire exits, and fire extinguishers in the event of an emergency and they are responsible for disseminating this information, as well as all usage restrictions and prohibited acts contained in this Agreement to all guests/attendees. C. Food and Beverage Restrictions. 1. Users will need to provide their own food stuffs, juice, soda, or coffee if refreshments/meals are planned for the meeting. The kitchen shall be used to serve catered food only. No cooking is permitted unless otherwise agreed to by AgWest in advance. 2. Beer and white wine may be allowed with prior consent of AgWest and subject to the following: a) User must have liquor insurance liability coverage naming AgWest as an additional insured and proof of insurance must be provided by delivering a certificate of insurance and/or copy of the insurance policy including all endorsements ; b) if User is hiring a company to provide and serve alcohol, User must provide AgWest a full copy of the contract with the third party provider at the time the meeting request is made along with proof of the provider’s insurance coverage. 3. No red, orange, grape or like colors of Kool-Aid or juice are allowed. Light colored juices such as orange juice, apple juice, or soda, are allowed. 4. All trash in connection with any food and beverage service must be placed in the trash dumpster located northeast of the Ag Center. 5. Advanced notice is required in the event User wished to use the outdoor BBQ, refrigerator, stove or other kitchen appliances. D. Prohibited Acts. 1. There is NO SMOKING allowed in the Ag Center or any other area on the premises within 25 feet of the building. 2. No controlled substance or tobacco use is permitted on or about any AgWest property. 3. Use of the Ag Center for political campaigning is not permitted. 4. Meetings involving the sale, advertisement or promotion of commercial products or services of the solicitation for future sale of commercial products, are prohibited. 5. Approval to use the Ag Center is not transferable to another person or group. 6. The number of attendees in the Ag Center shall not exceed 100. 7. No object may be attached to the walls of the Ag Center. User will not put any holes into or use any substance that would leave residue on doors, windows, walls, furniture or fixtures or equipment in and about the Ag Center. 8. User shall not, and shall not allow any guests, to play on the tractor monument or run or play in the landscaped areas or the parking lot. E. Compliance. User, at User’s expense, shall comply with all municipal, state and federal laws, statutes, ordinances, rules, regulations and orders, including, but not limited to, all accessibility and COVID-19 laws, orders, regulations and guidance, relating to User’s use of the Ag Center. User will use best efforts to obtain compliance with the terms and conditions of this Agreement by all persons involved with or attending any meeting under this Agreement. AgWest reserves the right to enter any facility or meeting room on AgWest business at any time when deemed reasonably necessary by AgWest. F. Insurance. User must provide General Liability insurance of $1MM per occurrence and $2MM aggregate with AgWest Farm Credit listed as additional insured. Proof of General Liability insurance meeting these requirements (including AgWest Farm Credit named as an additional insured) must be provided to AgWest in advance of any usage through a Certificate of Insurance and/or copy of the insurance policy including all endorsements. G. Indemnity and Damages. An inspection of the Ag Center and surrounding premises will be done by AgWest staff following each use. All Users and persons attending User sponsored events using the Ag Center take the premises "as is" and assume all risks of loss, damage, or injury, including death or property damage, resulting from the use by User of the Ag Center under this Agreement. AgWest "facilities" and "premises" includes not only the Ag Center but the entire building, parking lot and grounds. AgWest assumes no liability whatsoever for any property placed by the User or any person attending a User sponsored event in or about AgWest buildings or properties. User agrees that all persons on AgWest premises because of User's event (participants, members, invitees, etc.) are under the direct and complete control of User. As such, User is liable for all damages resulting from a participant's use of AgWest’s facilities. User shall reimburse AgWest for all damages to its facilities or equipment resulting from the use of the same. THE USER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND AGWEST, ITS BOARD, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND LEGAL COSTS) RESULTING FROM ANY SUIT, CLAIM, LOSS OR ACTION BROUGHT AGAINST AGWEST, ITS BOARD, OFFICERS, AND/OR EMPLOYEES WHICH ARISES OR RESULTS DIRECTLY OR INDIRECTLY FROM THE USE OF AGWEST’S FACILITIES UNDER THIS AGREEMENT BY USER OR ITS SPONSORS, SPECTATORS, PARTICIPANTS, MEMBERS, OFFICERS, DIRECTORS OR AGENTS. H. Addendum to Agreement. From time to time, AgWest may make addendum(s) to the Agreement for the purpose of adding, deleting or otherwise revising certain terms of the Agreement. Such addendum(s) will specifically cite the term(s) being revised, purpose for the revision and the addition, deletion or revision to said term(s). Any addendum shall be fully incorporated into the Agreement and become a part hereof.