COMMERCIAL RENTAL CONTRACT

Dear Applicant, Three days of bright sunny weather, 18,000 Fairgoers, hundreds of animals, dozens of entertainers, and scores of vendors made the Portland Agricultural Fair 2007 a huge success. Now we are planning the Portland Agricultural Fair 2008 and we are inviting you to be part of it. Attached you will find an application to lease commercial space at the Portland Agricultural Fair to be held on October 10, 11, and 12, 2008. Should you want to be considered as a lessee for the rental of a space at the Portland Fair, please fill out the required information on the attached application and return it as soon as possible. Please send a 50% deposit with your application. All applications will be evaluated and contracts for those applications accepted will be mailed out within a month. Applications that have not been accepted will receive a letter stating so and the 50% deposit will be returned. FEES FOR THE RENTAL OF SPACE ARE AS FOLLOWS: FOOD CONCESSION: $40.00 per front foot* with 2 feet of frontage added on each side of the concession $20.00 per front foot* with 2 feet of frontage added on each side of the concession $20.00 per front foot* (up to 10 feet) with 2 feet of frontage added on side of the concession OUTSIDE SPACE: NON-PROFIT/FOOD NON-PROFIT/ NON-FOOD $10.00 per front foot* (up to 10 feet) with 2 feet of frontage added on each space) side of the concession *Please include all awning/hitch space in calculations. Measurement will be taken on Friday morning 10/10, if space is greater than contracted for, vendor must pay accordingly. PAYMENT SCHEDULE – Now – 50% of total booth fee 8/1/08 – remainder of booth fee Rental fee includes 12 single day passes. Up to 4 additional single-day vendor passes may be purchased for $3.00 per pass. Everyone will need a pass or paid ticket to enter the Fair. PARKING PASSES: No vehicles will be allowed to park on the Fairgrounds. Each vendor will receive two (2) parking passes that need to be presented to have access to the assigned vendor parking lot. No vehicles will be allowed to drive on the grounds 2 hours prior to the fair as well as 1 hour after close of the fair. ALL APPLICATIONS  MUST BE LEGIBLE  CLEARLY STATE THE TYPE OF CONCESSION AND  HAVE A PHOTOGRAPH OR FACSIMILE OF YOUR CONCESSION ATTACHED. Should you feel that there is not enough room on the application form to explain the set-up or operation of your concession, please provide any additional information you may have. Remember, we do not know as much about your product and concession as you do. The telephone number you should call is John – 860-342-0101 or Joyce 860-342-0188. All calls will be directed to the appropriate director. Sincerely, John Amato Coordinator of Revenue and Joyce Murphy Assistant Coordinator of Revenue Directions - Portland Agricultural Fair Portland Exchange Club Grounds Main Street (Rte 17-A) Portland WEB-Site - www.portlandfair.com Set-up Times We will be on the fairgrounds the week of October 6 starting 9:00 am. We invite you to start setting up anytime after Wednesday, October 8, 1:00 PM. Your entire area must be set up by Friday, October 10, 2008 3:00 PM. Food Vendors - The health inspector will be letting you know when he will be performing his inspections. This will take a while. Patience will be appreciated. All vendors must be present. Break down - You may start breaking down your area at 5:00 p.m. October 12, 2008. NO EARLIER All concessions must be removed completely by Monday, October 13, 2008, 6:00 p.m. Trash You are responsible for maintaining the cleanliness of your booth. We will provide a Dumpster and recycle area. It is your responsibility to make sure your trash ends up in the appropriate container. Fair Passes Your worker passes can be picked up at set-up time. Any additional vendor passes may be purchased for $3.00 per pass per day. Everyone needs a pass or must pay FULL gate admission. As stated in the initial application letter: Rental fee includes 12 single day passes. Up to 4 additional single-day vendor passes may be purchased for $3.00 per pass. Vendor Parking During set up days parking will be in the lot directly behind the fairgrounds. While the fair is open, vendor parking will be in the lot east of the fairgrounds next to the long pole barn. Fair personnel will be there to direct you and signs will be posted. Parking passes will be distributed at set-up time. Space is limited. Without a pass, workers must park in the general lot. Fair Hours Friday 5:00 PM-11:00 PM / Saturday 9:00 AM-11:00 PM / Sunday 9:00 AM-5:00 PM Section 1--RULES AND REGULATIONS OF THE PORTLAND AGRICULTURAL FAIR ASSOCIATION, INC. 1. The use of the name Portland Agricultural Fair or Portland Fair, and/ or the Portland Agricultural Fair slogan or logo for any purpose or in any way, is strictly prohibited without written agreement authorized by either the Executive Committee or the Board of Directors of the Portland Agricultural Fair Association, Inc. and signed by the President of the Association Secretary or President not less than 60 days before the proposed use is going to begin 2. No individual, company, or organization shall advertise, sell, distribute in any way promote on the Fairgrounds, any product, service, philosophy, or organization, except from within a space leased by either the Superintendent of Commercial Rentals, Crafts Show Rentals, Antique Show Rentals or the Midway. 3. Acceptance of any donation by the Portland Agricultural Fair Association, Inc. does not entitle the donor to exemptions from the rules and regulations. The Portland Agricultural Fair Executive Board shall be authorized to determine the appropriate public acknowledgement of any donation. 4. The Portland Agricultural Fair Association, Inc. will try to ensure the safety of all exhibits and concessions after arrival on the fairgrounds but will not be responsible for loss or damage. 5. Alcoholic beverages may not be sold or consumed on the Fairgrounds. 6. No pets allowed. 7. No weapons of any kind are allowed on the Fairgrounds Section 2--RULES AND REGULATIONS OF THE PORTLAND AGRICULTURAL FAIR ASSOCIATION, INC. PERTAINING TO THE COMMERCIAL, INDUSTRIAL, AND RETAIL ARTS & CRAFTS DEPARTMENT 1. Any and all business pertaining to concessions must be transacted with the appropriate Superintendent or Assistant Superintendent of Commercial Rentals. 2. All items, actions, or activities (including, but not limited to, hunting knives, guns, brass knuckles, etc.) that are deemed by the Superintendent of Commercial Rentals to be either a threat to safety of Fair patrons or offensive to the image of the Fair, cannot be displayed or sold on the Fairgrounds and will be removed from the fairgrounds. 3. Ear piercing, tattooing and other similar activities are not allowed. 4. THE LESSEE must conduct all business in the space designated for them and cannot sublet any of the space and will not conduct any activity or sell any items not listed in this contract. 5. No microphones or loud speakers are to be used without the permission of the Superintendent. 6. During the Fair, cars, trucks, and/or trailers must be removed from the Fairgrounds by 8:00 a.m. No one will be allowed to drive on the fairgrounds after 8:00 a.m. Cars will be allowed on the grounds 1 hour after closing. 7. No cars, trucks, and/or trailers will be allowed to drive on the fairgrounds until 1 hour after the fair closes on Sunday night. At the discretion of the Public Safety Department and/or Portland Police. 8. Vendors may begin setting up in space assigned by Portland Agricultural Fair Association superintendent of concessions any time after 1:00 PM, Wednesday, October 8, 2008. 9. All concession, arts & crafts, commercial, and industrial booths/displays, must be completely set up by Friday, OCTOBER 10, 2008 at 3:00 P.M. 10. All food vendors will be inspected by the Town of Portland Health Inspector on Thursday, October 9, 2008 beginning at 3:00. All food vendor lessees must be present with their booths completely set-up ready for inspection at this time. 11. All vendors must fix all violations found by the inspectors before they open on Friday, October 10, 2008. 12. The appropriate Superintendent or her /his representative will direct the placement of all concessions in the leased space. 13. The leased space location will be determined by the appropriate Superintendent. 14. THE ASSOCIATION reserves the right to remove from the grounds the product and display facilities of any lessee who violates the terms of this agreement or any of the rules and regulations stated herein. THE LESSEE acknowledges that this provision is essential to maintain the intent and character of the Portland Agricultural Fair. THE LESSEE therefore waives any claim for damage against THE ASSOCIATION and its officers, agents, and representative for the good faith enforcement of this provision. 15. THE LESSEE shall always be personally present at the space during Fair operation hours 16. Food Prices must be posted and readable from a minimum distance of ten feet in front of the concession. 17. All booths must remain open for all hours of the fair. CANCELLATION POLICY 1. Any cancellation of a contract must be done, in writing, to the Treasurer. Refunds will be issued as per the postmark dates listed below: On or before 45 days prior to 10/10/2008 no refund ---45-60 days prior to 10/10/2008 25% refund ---61-90 days prior to 10/10/2008 50% refund --- 91 days or more prior to 10/10/2008 full refund ---Your $50 deposit is non-refundable once a contract has been written. PORTLAND FAIR ASSOCIATION, INC. INSURANCE REQUIREMENTS FOR VENDORS AND EXHIBITORS The Portland Fair Association will not be responsible for any loss, claim, damage, cost or expense to any of the concessions or exhibits at the Portland Agricultural Fair scheduled for October 1012, 2008. Vendors and Exhibitors are required to purchase, at their own expense, the insurance coverages identified below and in an amount equal to or in excess of the policy limits stipulated. All Vendors and Exhibitors agree to supply the Portland Fair Association, Inc. with a valid Certificate of Insurance evidencing said insurance coverages and amounts with insurance companies that have an A.M. Best rating of B+ or better: COMMERCIAL GENERAL LIABILITY INSURANCE with the following minimum limits and extensions of coverage: Personal Injury and Property Damage: $1,000,000 per occurrence $2,000,000 aggregate Coverage Extensions: Premises/Operations Coverage Blanket Contractual Coverage Products/Completed Operations Coverage Broad Form Property Damage Coverage COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE with the following minimum limits and extensions of coverage: Bodily Injury and Property damage: $1,000,000 per occurrence $2,000,000 aggregate WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE Workers’ Compensation: Employers Liability: Statutory $100,000 each accident $100,000 each employee $100,000 policy limit The Certificate of Insurance must state that the Portland Fair Association, Inc. is named as an additional insured under the Vendor’s or Exhibitor’s Commercial General Liability insurance policy. The Vendor’s and Exhibitor’s liability policy must also state that this insurance is primary and non-contributory. The Certificate of Insurance must be received by the Portland Fair Association, Inc. by September 1, 2008. COMMERCIAL RENTAL CONTRACT This agreement made between THE PORTLAND FAIR ASSOCIATION, Inc. hereinafter called THE ASSOCIATION and: Name:__________________________________Phone:(___)___________________ Company:____________________________________________________________ Street:______________________________________________________________ Town:_____________________State:______________________Zip:____________ Hereinafter called THE LESSEE THE ASSOCIATION agrees to leave certain space in a location to be determined by the Commercial Rentals Committee for use during The Portland Agricultural Fair to be held on October 10, 11, 12, 2008 subject to the following rules, regulations, terms, and conditions. 1) Type of Space Outdoor Non-Food ( ) ( ) Food ( ) 2) Size of Space a) Frontage _______________ b) Depth _______________ 2) Utility requirement a) Water ________________________ b) Electric ________Amps ________Volts 4) Products to be sold ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________ 5) Rental Fee – a) Space b) Special Requirements c) Special Requirements d) Total Rental Fee $____________ $____________ $____________ $____________ This contract subject to attached addenda and submission of completed required forms:             6) Local ordinance governing concessions at the Portland Agricultural Fair 7) Town of Portland Vendor Permit 8) Town of Portland Health Permit 9) Insurance Requirements 10) Rules and regulations of the Portland Agricultural Fair, Inc. Section 1 ( see attached sheet) 11) Rules and regulations of the Commercial Rentals Committee Section 2 ( see attached sheet) 12) Rules of Department Revenue Services (supply copy sales tax license) 13) Rules of Department Consumer Protection Rules and regulations pertaining to labeling, packaging and sale of commodities. 14) Rules of Department Consumer Protection (supply copy of license) Rules and regulations pertaining to frozen dessert products. 15) Town of Portland Food and Beverage Requirements 16) Cancellation policy as outlined in section 3( see attached sheet) 17) Specific addenda attached_____________________________________ (over) I have read this contract and attached addenda completely and agree to conduct the herein-named concession in accordance with rules, regulations, terms and conditions of this contract and addenda. I will also direct my employees to follow the said rules, regulations, terms, and conditions of this contract and addenda. This contract is accepted upon condition that the business of the above stated is to be conducted in accordance with rules and regulations of the State of Connecticut, Town of Portland and the Portland Agricultural Fair Association. ACCEPTED BY _______________________________________________________________ DATE_____/_____/______ CT SALES TAX #________________________________ FEE PAID$_____________ CHECK # ______________ ACCEPTED _______________________________________________________________ DATE_____/_____/______ (THE ASSOCIATION (Superintendent of Rentals) BY Copy 1 - Commercial Rentals Superintendent ++ Copy 2 - Lessee ++ Copy 3 - Treasurer TOWN OF PORTLAND, CONNECTICUT Application to Vend at the Annual Portland Agricultural Fair *If food is to be sold, a Food Permit must be issued by the Chatham Health District after completion of paperwork and inspection of food containment apparatus. Please PRINT or TYPE. FULL NAME: ___________________________________________________________ PHONE #: _______________ HOME ADDRESS: _______________________________________________________________________________ CITY / STATE / ZIP: ______________________________________________________________________________ NAME OF PROPRIETOR: _________________________________________________________________________ NAME OF BUSINESS: ________________________________________________ PHONE#___________________ ADDRESS OF BUSINESS: _________________________________________________________________________ EMAIL ADDRESS: _______________________________________________________________________________ CONNECTICUT TAX NUMBER: ___________________________________________________________________ TYPE OF MERCHANDISE VENDING: □ food □ information □ crafts □ other Specify: _____________________________________________________________________________________ Please provide a valid certificate of insurance or one may be purchased through the Fair Association: □ Certificate of Insurance Provided □ Certificate of Insurance Purchased through Fair Assoc. $ ___________ UTILITY REQUIREMENTS: □ Electric _______ (amps) _______ (volts) SIZE OF SPACE NEEDS: □ Booth □ 10’ X 10’ Tent □ Water _______ (gallons per hour) □ Other (list dimensions) _____________________ The undersigned hereby attests that all information supplied with this application is true and accurate. By signing this form, upon being notified of the granting of this application, I understand that I must display the license or permit prominently in my assigned booth visible for public view. I further acknowledge that I will comply with the Town Ordinances and State Statutes which apply; agree to comply with rules and regulations contained therein, and acknowledge that failure to so comply will result in revocation of any license or permit issued hereunder. APPLICANT SIGNATURE: ______________________________________________________ DATE ____________ Please return this form to: Portland Agricultural Fair Association, P.O. Box 862, Portland, CT 06480 DOCUMENTED BY FAIR OFFICER: ______________________________________________ DATE ____________ DOCUMENTED BY FIRST SELECTPERSON: ______________________________________ DATE ____________ APPLICATION FOR THE PORTLAND AGRICULTURAL FAIR OCTOBER 10, 11,and 12, 2008 PLEASE SEND A 50% DEPOSIT BY 6/1/08 TO RESERVE YOUR SPACE PLEASE RETURN TO: Portland Agricultural Fair Association P.O. Box 862 Portland, CT 06480 CONTACT PERSON:_____________________________________________________ APPLICANT:___________________________________________________________ (Name, Company, or Organization) ADDRESS:____________________________________________________________ TOWN:_________________________ STATE:_________ ZIP:______________ PHONE NUMBER: (____)_____________________ Best time to call?: ( )day or ( )night E-MAIL ADDRESS:_____________________________________________________  ATTACH A PHOTOGRAPH OF YOUR CONCESSION IN OPERATION SHOWING FRONT VIEW TYPE OF CONCESSION: FOOD:_______MERCHANDISE:_______ CRAFTER:_________OTHER:____________ SIZE OF SPACE NEEDED: FRONTAGE:______________DEPTH:____________________ (Include all hitches and OPEN awnings, serving areas and space needed. Measurement will be taken on Friday morning 10/10 if space is greater than contracted for, vendor must pay accordingly.) PLEASE PROVIDE A DRAWING OF THE SPACE YOU NEED ON THE BACK SIDE WITH DIMENSIONS.  UTILITY REQUIREMENTS: ELECTRIC: ________ (amps) ________(volts) WATER:___________(gallons per hour) (additonal charge for high usage electricity vendors may apply) INSURANCE REQUIREMENTS: Your insurance certificate will be required LIST ALL ITEMS TO BE SOLD - ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________ DO YOU OWN AND OPERATE THIS CONCESSION: YES:_______ NO___________ If no, please explain the details on the back of this application HAVE YOU RENTED A SPACE AT ANOTHER FAIR IN THE PAST? If yes, which fair __________________________ what year___________________________ RECOMMENDED BY:___________________________________________