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HomeMy WebLinkAboutResolution - 4254 - Agreement - SPBC Inc - End Of Summer Concert, Buddy Holly Recreation Area - 09_09_1993Resolution No. 4254 September 9, 1993 Item #28 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Temporary Parks License Agreement by and between the City of Lubbock and South Plains Broadcasting Company, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: A), cl�CL Betty Jo ns n, City Secretary APPROVED/AS TO CONTENT: Lee Osborn; Director of Parks an Recreation APPROVED AS TO FORM: C 47. C. Ross, Jr., City Attorn y JCR:da/AGENDA-D1/A-Z102.res September 1, 1993 STATE OF TEXAS § COUNTY OF LUBBOCK § TEMPORARY PARKS LICENSE AGREEMENT This Agreement entered into by and between the City of Lubbock, hereinafter referred to as "City" and South Plains Broadcasting Company, Inc., hereinafter referred to as "Licensee". WITNESSETH: WHEREAS, Licensee has made application to City to sponsor a concert open to the public on September 18, 1993, to be held at the Landwar House and surrounding fenced area located in Yellowhouse Canyon Park; and WHEREAS, the City of Lubbock Parks and Recreation Department's mission is to provide public facilities for recreational activities affecting the community as a whole; and WHEREAS, the public concert to be known as the "End of Summer Jam", is a public activity particularly attractive to the young people of the City of Lubbock; and WHEREAS, Licensee desires to undertake the sponsorship of said above mentioned concert and to enter into this agreement; NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties herein contained and other good and valuable consideration herein set forth, the parties do hereby agree as follows: 1. Licensee does hereby agree to sponsor a concert open to the general public to be known as the "End of Summer Jam", which concert shall be held between the hours of 12 noon through 9:00 p.m. on September 18, 1993 at the Landwar House and surrounding fenced area, all as described and set forth in Exhibit A and B attached hereto and made a part hereof for all purposes. 2. Pursuant to the provisions of Ordinance 9641 of the City of Lubbock, Licensee has applied to have alcoholic beverage sales in conjunction with the above mentioned contract and to this end has been furnished a copy of the policies and procedures for alcoholic sales and usage on park property, a copy of which is attached hereto as Exhibit C and made a part hereto for all purposes, and has agreed to abide by and be subject to said policies and procedures. 3. Licensee does, as a condition to the sponsorship and use of City property described in Exhibit A and B attached hereto, agree to undertake the following activities: (a) Restroom Facilities -- provide a minimum of thirty Porta Potties to be located on the East side of the properties described in Exhibit A and B for usage during this event. Licensee to bear all costs for these units. (b) First Aid Station -- Licensee agrees to make arrangements with the Red Cross to have two first aid stations available during the hours that the event is in progress upon the property described in Exhibit A and B. In addition, Licensee shall have telecommunications sufficient to contact emergency medical services through 911, if necessary. (c) Concessions -- Licensee will provide up to twenty concession spaces in close proximity to the stage area for the sponsored event, the purpose of which shall be to offer for sale to the general public, food, soft drinks, souvenirs and general concert memorabilia. Booth spaces shall be rented for $300 per space. 9t aprovide (d) Alcoholic Beverage Concessions -- Licensee m� yy p ovide three alcoholic beverage stands for sale of alcoholic beverages to the general public. It shall be Licensee's responsibility to obtain a license alcoholic beverage caterer who will obtain the necessary permits from the Texas Alcoholic Beverage Commission for sale of beer and other alcoholic beverages at such event. Licensee agrees that it shall be responsible and furnish individuals to examine the identification of each person purchasing alcoholic beverages and to see that a wrist band is placed on the individual for future convenience of the individual. (e) Litter -- Licensee shall be responsible for the removal of all litter from the grounds at the conclusion of the event. (f) Security -- Licensee shall provide ten certified peace officers to be in attendance at the event during the hours of 12:00 noon until 3:00 p.m. on the day of the event. Licensee shall add five additional certified peace officers between the hours of 3:00 p.m. and 5:00 p.m. and shall further add ten additional certified peace officers between the hours of 5:00 p.m. and the conclusion of the concert. Additional certified peace officers will be provided by Licensee at the request of the Director so that three officers will be present per one thousand attendees. (g) Parking -- Licensee shall provide as a condition to the utilization of the park property, which is the subject matter of this agreement, private land immediately South of the park property for off-street parking of automobiles during the time of the concert. Licensee shall certify to the director that this property has been secured for off-street parking prior to undertaking the event or entering on the park property for the purposes of sponsoring the event. (h) Liability Insurance -- Licensee shall provide a policy of general liability insurance in the face amount of $1,000,000 naming the City, its officers, agents and employees as additional insureds, which policy K shall cover the events to be undertaken by Licensee as herein set forth. A certificate of this insurance policy shall be delivered to the director prior to the event taking place and said policy shall provide that it will be noncancelable without first giving the City ten days written notice of such fact. (i) Bands -- Licensee agrees to arrange for and provide live bands to perform at various times during the hours that the concert is to be conducted. Licensee shall be responsible for and shall make all necessary arrangements for the housing, food, backstage facilities, and all other items necessary for furnishing these live bands at the concert and City shall have no responsibility whatsoever in this regard. (j) Promotion -- It shall be the responsibility of Licensee to advertise and promote this concert to the best of its ability and the City shall have no responsibility whatsoever for any such activity. 4. It is expressly understood and agreed that only the premises described in Exhibit A and B are to be used by Licensee and that Licensee is an independent contractor and the City shall exercise no supervision or control over the employees of Licensee or others in the service of Licensee, save and except what is necessary and proper for the health, safety and welfare of the general public. 5. It is agreed that Licensee will comply with all laws, Federal, State and Local, including all ordinances of the City of Lubbock, and all rules, regulations and requirements of the Police and Fire Departments, and any and all requirements specifically made by the Fire Marshall in connection with the performances to be given hereunder, and shall obey any other regulations of any municipal authority of the City of Lubbock; and Licensee will obtain and pay for all necessary permits, licenses, taxes on tickets used in connection with the performance hereunder, and will not do or suffer to be done anything on said premises during the term of this agreement in violation of any such laws, ordinances, rules or requirements, and, if the City calls the attention of said Licensee to any such violation on the part of said Licensee or any person employed by or admitted to said premises by said Lessee, then Licensee will immediately desist from and correct such violation. If such violation persists after notice is given Licensee, the City may immediately terminate this agreement. It is further agreed that if any pyrotechnics are to be used, the Licensee must notify the City of Lubbock Fire Marshall at least ten days prior to the event. 6. Licensee agrees with the City that it shall hold the City harmless from any and all claims, demands, causes of action or damages in any way arising as a result of the use by Licensee of the park facilities described in Exhibits A and B. 7. Licensee agrees to take no action that would in any manner deface or destroy any of the available facilities of City, and further agrees to make full restitution or payment for any such damages which may occur as a result of the activities which take place during the time or date of rental by Licensee. Licensee shall assume full responsibility for any damage done to dressing rooms, dressing 3 room doors, or other stage facilities which may occur during the time of rental by Licensee. 8. City grants to Licensee a nonexclusive license and privilege to operate as an independent contractor and to sponsor a public concert to be known as the "End of Summer Jam" upon the park property described in Exhibits A and B attached hereto and made a part hereof. Licensee agrees to pay to City as a monetary consideration for the license herein granted and the privileges herein extended twenty percent of its net profits up to six thousand dollars and twenty- five percent of its net profits received above six thousand dollars. For the purpose of this agreement, net profits shall be arrived at by totalling Licensee's total receipts from ticket sales, beer sales and concession booth rentals subtracting therefrom the following expenses: (a) Security expense; (b) Restroom rentals; (c) Band contract expenses; (d) Sound system expenses; (e) First aid station expenses; (f) Parking control expenses; (g) Promotion advertising expenses; (h) Insurance expenses. 9. Licensee shall maintain proper books of accounts showing all receipts and expenses and shall present said books of account to City for its review or audit upon request. 10. City shall provide the following service to Licensee during the term of this license agreement: (a) Portable Stage -- City shall set up and take down a portable stage to be located at the concert site. (b) Landwer Party House -- the City shall make available to Licensee the Landwer House for the purposes of establishing a concept headquarters and rest area for performing artists. Licensee, however, agrees upon completion of the concert that it shall leave the Landwer House in as clean and stable a condition as it received same. (c) Litter Barrels -- City agrees to locate approximately thirty litter barrels throughout the concert site described on Exhibit A and B attached hereto and made a part hereof. Cl (d) Electric Power -- City will furnish electricity to the stage area for all music instruments and amplifiers. (e) Site Maintenance -- City agrees that it will prepare the site for Licensee's concert use. In this regard it is anticipated that the only necessary preparation will be police of the grounds for litter prior to the event. (f) Security Fencing -- The City will provide security fencing for the concert site, which fencing will be six foot high top with three strands of barb wire. (g) Barricades -- City will provide sufficient barricades for Licensee's assistance in off-street parking control. 11. In the event that the City shall be prevented from performing any of its obligations due under the terms of this Agreement by an act of God, by acts of war, riot or civil commotion, by an act of the State, by strikes, fire, flood or by the occurrence of any other events beyond the control of the City, then in such circumstances the City shall be excused from any further performance or obligation under the terms of this Agreement. 12. Licensee shall, upon the conclusion of this concert or within a reasonable period of time thereafter, meet with the Director, review all revenues and receipts obtained by Licensee, review all expenses of Licensee and determine net revenues produced by the concert. 13. Licensee shall pay to the City the consideration herein set forth upon the proper determination of the facts and figures as set forth in paragraph 12 above. 14. In the event there is a conflict between any of the provisions of this Agreement and the policy set forth in Exhibit C attached hereto and made a part hereof, then in such event the terms of this Agreement shall control over the provisions of the exhibit. 15. City may cancel this Agreement, without liability to itself for such action, upon the occurrence of any of the following: a. Filing by Licensee of a voluntary petition in bankruptcy. b. The institution of bankruptcy proceedings against Licensee. C. The appointment of a receiver of Licensee's assets. d. The abandonment by Licensee of its obligations under this Agreement. e. The default by Licensee in the performance of any covenant or agreement herein required to be performed by Licensee and 5 Licensee's failure after notice of such default by City to forthwith correct such default. 16. This Agreement embodies the entire understanding of the parties and they be altered or amended only in writing signed by both parties hereto. 17. This Agreement has been executed in accordance with the laws of the State of Texas and shall be construed in accordance with Texas Texas law. Executed on this % s day of —(; �- gT,w,e iC 1993. CITY LUI$BOCK OUTH PLAINS BROADCASTING jI--- INC. . LA APPRO D AS TO CONTENT: 62� L e Osborn, Director of Parks and Recreation APPROVED AS TO FORM: �4z � / �� CZRoss, Jr., City Attorney JCR:da/l-D1 o/A-PRKREC.doe September 1, 1993 HA tKI. �2 lLK IMUKANGE LACHANUE -1 INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE THIS IS NOT AN INSURANCE POLICY- THIS IS ONLY A YERIPICATION Or INSURANCE, IT DOES NOT IN ANY WAY AMEND. EXTEND OR ALTER THE COVERAGE PROVIOED BY THE POLICIES LISTED bE-LOW- Nomed In:urea South Plains Broadcasting Col Inc. 7578-36-2; Address D B A Radio Station K V Y O Policy A- Gen. Ueb. P.O. Box 64670 Lubbock, Texas 79464 Agent Policy/ - AutoUsitl. Policy 1- CARGO This is to certify that policies for the above named insured ore in force as follows: Policy 10 - vvonr Comp. OWNED AUTO- MOBILES, IF COVERED This Interim Certificate As To Evidence of Insurance shall expire sixty days from M_, 9-1— 19 g � unless cancelled prior to such date by written notice to the named insure4 IM Id PlAnse issue n Permanent CArtific_hte COVERAGE COMBINED LIMITS OF LIABILITY COVERED NOT COVER COVERED IL LIABILITY ❑ ❑ Owned Bodily Injury $ 000 each person ❑ ❑ Hired $ 000 eoch occurrence ❑ ❑ Non -Owned Employer's Non -Ownership Property Damage $ 000 each occurrence ❑ ❑ Contingent Liability Single Limit Liability for Coverages checked ® above $ ,000 each occurrence GENERAL LIABILITY M&C - OLT Bodily Injury $ .100 each persons* Owners 8 Contractors $ 000 eoch occurrence ® ❑ Contractual * $ 000 onnVol 0941e9 ile products + a a Elevators Property Damage $ 000 each occurrence ® ❑ Products pnd/Or $ onnvolo99r000te Completed Operations__ _ Produch*** Single limit Liability for Coverages checked (K above $ 1,000 ,000 each occurrence $ 2,000 annual a1000 products i i agpre ❑ ❑ CARGO $ 000 each vehicle $ 000 each occurrence ❑ ElCOMPvvoRICION Statutory Y * Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Urdinan Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied specific endorsement providing additional Contractual Coverage. ❑ae,v�bvd eo�criPr,pn 6.00. ❑ wa +ed YEAR, MAKE. TYPE OF BODY, LOAD CAPACITY j IDENTIFICATION NUMBER POLICY NUMBER Umbrella Liability LAS DIG SNO% $ 000 retained limit $ each occurrence $ aggregate If this Interim Certificate As To Evidence Of Insuronce is to be cancelled prior to the expiration date, we shall provide Z tom. days advance notice in writing to whom this certificate is issued. Named Additional Insured: The City of Lubbock, its officers, Agents, and employees Certificate issu v: Homo Lease/ Loon And City of Lubbock Number Address P.O. B o x 2000 Lubbock, Texas 79457 Countersigned Authorize; Repre"niotive # * Not Applicable in Texos. * * * In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations, PERIMETER SURVEY Of A 2122 ACRE TRACT Of LAND IN SECTI(Vf a7 BLOCK A T T RAILROAD COMPANY SURVEY LU68OCK COUNTY TEXAS 'I.• R..r V• Sa. Ir w.N •.� Sows Onu PI,.n) r-- —_ — __ __ — __ _ __ — I L T- LEGE30 1� •r •r SCALE: r . 304. IQAYT LINES MMATC LRRTS OF SURVEY. 0. roUMD Vt' RNOM ME (PNYLCAL MOKR<MT Or RECORD oatT1 0. fou D L/S' OWN 000 (CONTROLLRIO MorammTI A. fouo RAaAOAD 94W (CONTROLLING MONLOCM11 •• SET Vt• 010M ROD WIN CAP. (RC) • RE CORD CALL. (M) . M[ASkOlM SutvEYORs REPORT: INS SURVEY O St"CT'To ARTY FACTS WHCN MAY RE WLOSCO MY A FULL AND ACCURATE TITLE SEARM RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT THIS TRACT. VISIWU EVDEb" Or COIDITIoNS AFFECTSNG INS TRACT 4 AS WWII ON THIS PUT. MONUARNTS 14DICATEO AS FOLIO SURVEY WY THIS SVEY ARE NOT *PTIYSICAL MOMuiMTS Or RECORD ONJaTT' UNLESS $0 NOTED. FOUND MOMIALMTS ARE ACCC/TCO MY THTS SURVIVOR AS CONTROLLING EVIDENCE OUE TO SUJWSrAXTNL AGREEMENT WITH RECORD DOCUMENTS. REARnCS RELATIVE TO THE RECORD CALL OF Tot EAST Ltd Of SAID SECTION 17. OLOCa A. L RORn L. SMNTN. REOKTp[0 NIOFCSSTOMM LAID SUNKYOR. 00 NLK07 CDST/T TWAT IN$ PLAT NO OESCNPtQM WAS P'OWAKD rROM AI ACTIML 96OWT of TIC PRO►ERtY AND THAI M WORMATgM "Man REPMESENTS M roft" OF THU %Av" 10 M MOST Of MT ONOWLEM AND 90". A&T15. MN�SS .' I ROGERT L. SMITH.- Rll.t. SSM S'y CITY Of LUWROCR P 0 ERT 93SgMITH SURVEYING LUgg880C55K. TEXAS 73433 •TT JBOB 93070643F8 20 PC 36 Exhibit A No Text POLICY AND PROCEDURES FOR ALCOHOL SALES AND USAGE ON PARK PROPERTY TABLE OF CONTENTS PAGE SECTION 1 Definitions .......... .......................1 SECTION 2 Right to Alter Regulations and Rental Rates ..2 SECTION 3 Authority....................................2 SECTION 4 License or Rental Agreement ..................2 SECTION 5 Payment of Fees ..............................3 SECTION 6 Authorized Refunds ...........................3 SECTION 7 Permits and Licenses .........................4 SECTION 8 Insurance Requirements .......................4 SECTION 8.1 Hold Harmless................................4 SECTION 9 Liability for Licensee's Property ............4 SECTION 10 Reserved.....................................4 SECTION 11 Advertising of Events ........................5 SECTION 12 Broadcast or Telecast ........................5 SECTION 13 Public Address Announcements .................5 SECTION 14 Crowd Control and Security Personnel .........5 SECTION 15 Observance of Laws and Regulations ...........5 SECTION 16 Objectionable Conduct............... ......... 5 SECTION 17 Machinery, Flammable Liquids and Electricity ...........................5 SECTION 18 Restroom Facilities ..........................6 SECTION 19 Equipment Usage ..... ........................6 SECTION 20 Signs, Posters and Literature ................6 SECTION 21 Alterations of Park Premises .................6 SECTION 22 Abandoned Equipment or Articles ..............6 SECTION 23 Copyright Infringement .......................7 SECTION 24 Bookings, Protection Clause ..................7 SECTION 25 Solicitations .... ...........................7 SECTION 26 Catering & Concessions .......................7 SECTION27 Parking ... ..............................7 SECTION 28 Non -Discrimination ...........................8 SECTION 29 First Aid Services ...........................8 SECTION 30 Site Clean Up................................8 EXHIBIT C SECTION 1 - Definitions (a) The Parks and Recreation Department of the City of Lubbock, and County of Lubbock, Texas hereinafter called Parks and Recreation Department, means any hall, meeting room or other facilities in the Parks and Recreation Department falling under the jurisdiction of the Parks and Recreation and City of Lubbock. (b) The Parks and Recreation Director will herein after be referred to as director. (c) License as used herein means the written agreement issued to an applicant by the City under the authority and condition as herein provided, including any amendment or supplement to such an agreement. (d) Licensee as used herein includes any person, association, public organization, partnership, business trust, company or corporation who is granted a contract to use any part of the Parks and Recreation Facility in accordance with the provisions of these regulations. (e) Non -Commercial Events. A non-commercial or non-profit event is a function sponsored by any of the following categories when the entire net proceeds are bestowed on or retained by the sponsoring organizations. Organizations claiming non-profit status must present a certificate of registration by Secretary of State of Texas upon request. Examples: 1. Local non-profit chartered civic organizations. 2. Local non-profit fraternal organizations. 3. Local governmental organizations. 4. Local non-profit educational organizations. 5. Local non-profit religious organizations. 6. Local chartered charitable organizations. 7. Local organizations qualifying under section 501 of the Internal Revenue Service Code. (f) Gross receipts as used in these regulations shall mean income from sales minus excise taxes or sales taxes levied by the City, County, State or Federal Government. Any deductions from the gross receipts shall be substantiated by submission of a statement of such deductions. (g) Concessions as used herein shall mean the use and occupancy of any part of the Parks & Recreation area for the: (1) sale or dispensing of programs, records, periodicals, books, magazine, newspapers, soft drinks, alcoholic beverages, flowers, tobaccos, candies, food, novelties or related merchandise; (2) cushions, photographs or other such articles; (3) the term concessions shall not include the sale, donation, or giving away merchandise or products which are a part or directly related to an authorized convention or exhibit for which a fixed rental is otherwise charged. SECTION 2 - Right to Alter Regulations & Rental Rates The City of Lubbock and the Parks and Recreation Board reserves the right to change, alter, amend or cancel any and all of these regulations. Rental rates are subject to change when new contracts are issued. SECTION 3 - Authority The Parks and Recreation Director as referred to in these regulations shall have full responsibility for the operation of the Parks and Recreation Department, and shall act on behalf of the Parks and Recreation Department and the City of Lubbock, in all matters pertaining to the park facilities. Director shall be responsible for the efficiency, discipline and good conduct of the staff. The Director shall be authorized to recommend rental contracts subject to the rental schedules contained in these regulations or adopted by the Parks and Recreation Board and City Council. The right is reserved by the Director of other duly authorized representatives of the Parks and Recreation Department to enter the Park Area and all parts thereof at all times. SECTION 4 - License or Rental Agreement All license agreements for use of park property for the sale of alcoholic beverages shall be in writing on a standard form agreement approved by the City Attorney. License agreements concerning the Landwer House and surrounding areas must be approved by the City Council. Federal regulations require reporting of all payments in excess of $600.00 during a calendar year. 1099's will be issued at the end of the calendar year to any Licensee or Vendor where payments have exceeded this amount. In order to comply with these regulations, the taxpayer identification number is required before payments can be issued to the Licensee or Vendor. The Licensee may be required to furnish in writing any information requested by the Director to determine which facilities, arrangements, and special services and/or equipment might be necessary to the staging and proper management of any event. In exhibitions or concerts, Licensee must furnish drawings as to locations, and dimensions of all exhibit booths and equipment indicating utility requirements. These requirements must be approved by the Parks and Recreation Director. 2 All set-up information, in an out times and actual event times must be submitted, in writing, at least 60 Days prior to the event. Due to staff scheduling requirements, these times must be adhered to by the Licensee or else an overtime fee will be charged. It is understood that the Licensee will appoint one (1) individual to coordinate all activities with the Parks and Recreation Staff. SECTION 5 - Payments of Fees Tentative Dates will be held for a period of two (2) weeks only. A contract must then be signed and deposit made or the date/dates will be released. However, should a second request be received for tentative dates, a contract must be signed and the required deposit made within twenty-four (24) hours of notification or the date/dates will be released. Fifty percent (50%) of the minimum rental fee shall be paid upon execution of the contract and must be returned with the signed rental agreement within ten (10) days. The balance of the rental shall be required one week prior to the event. Fees for any special services and equipment needed shall be paid prior to the completion of the final event. Any exception to this policy shall be approved by the Director. The Director, if he deems necessary, may request that full rental and other fees be paid in advance for use of any facilities. In the event of cancellation by the Licensee, without the written approval of the Director, all monies previously paid by the Licensee as a deposit or a rental shall become property of the City of Lubbock and shall not be refundable. All rental fees shall be paid in lawful money of the United States by cash, certified check, or money order. Payment of all Federal, State, County, or City taxes and licenses in connection with any attraction shall be the responsibility of the Licensee. The Director may, on occasions, for the protection of the Lubbock Parks and Recreation Department, collect all such taxes and directly pay them over to the proper Federal, State, or other government units. When contracts are initiated less than 60 days in advance of event dates, the deposit will be the total amount of the rental rate. Extra charges will be due on the last day of the event. SECTION 6 - Authorized Refunds Refund of advance rental deposit may be authorized where: (a) Licensee gives written notice of cancellation, at least twenty-one days prior to the date reserved. (b) Where the scheduled performance is cancelled under any of the terms of the regulations governing the management of the Parks and Recreation Department. 3 (c) Where the performance is otherwise cancelled at the request of the Director and with the consent of the Licensee. SECTION 7 - Permits and Licenses It is the responsibility of the Licensee to obtain any appropriate permit or license when applicable prior to contracting for use of any of the facilities of the Parks and Recreation Department. SECTION 8 - Insurance Requirements The Licensee shall be required to obtain all appropriate policies of insurance issued by companies authorized to do business in the State of Texas. Said Licensee must also provide certificates of liability insurance naming the City of Lubbock, its officers, agents and employees as additional insureds covered under said policies. A. Limits to be determined by the Director and set forth in each written agreement for use of park property. B. The insurance policies shall contain an endorsement providing contractual liability coverage to insure the liability assumed herein. C. The Director shall be provided with a certificate evidencing all such insurance as specified herein and any other insurance which the Director may require. This certificate shall be submitted at least 21 days prior to the event. D. All insurance policies must contain a statement that they shall not be cancelled without first giving City ten (10) days written notice of such fact. SECTION 8.1 - Hold Harmless The Licensee shall hold the City, its officers, agents and employees harmless of and from any and all claims, demands and causes of action of any nature whatsoever, in any manner arising out of the use made by Licensee of park property. SECTION 9 - Liability for Licensee's Property Neither the City of Lubbock nor its employees shall be liable for any loss, damage, or injury to properties of any kind that are shipped or otherwise delivered to or stored in or on the premises. Due to limited storage space in the Parks and Recreation Department, Licensees must obtain permission from the Director to ship properties/merchandise prior to the event. Failure to do so may result in refusing to accept shipment. SECTION 10 - Reserved M SECTION 11 - Advertising of Events All advertising of paid attractions The Licensee shall not announce events Recreation facilities until contracts have executed by the City of Lubbock. SECTION 12 - Broadcast or Telecast must state total admissions prices. scheduled at the Parks and been properly approved and It will be the responsibility of the Licensee to inform the Director when telecasts or broadcasts will be conducted. The Director shall negotiate special rates for these events. SECTION 13 - Public Address Announcements The Parks and Recreation Department reserves the right to make public address announcements during public attractions at intermissions. These messages and announcements will usually pertain to future attractions and such other announcements relating to the welfare and safety of those attending events. SECTION 14 - Crowd Control and Security Personnel It shall be the responsibility of the Director to determine the number of crowd control and/or security personnel required for each event and to approve the services of said personnel for the Licensee. It shall be the responsibility of the Licensee to pay for the crowd control and security personnel. Security shall be required at any event where alcoholic beverages are served. SECTION 15 - Observance of Laws and Regulations The Licensee shall comply with all City, County, State, and Federal laws and regulations. Violations by the Licensee or its agents or employees may result in cancellation of the license and/or discontinuation of use of the facility. SECTION 16 - Objectionable Conduct Any performer, person or persons attending events at the Lubbock Parks Area whose conduct becomes objectionable, disorderly, or disruptive, shall be subject to ejection from the premises. The Licensee shall hold the Lubbock Parks and Recreation Department and the City of Lubbock harmless from any claim for such action. SECTION 17 - Machinery, Flammable Liquids and Electricity No person shall use any engine, motor or other type of machinery within the Parks Area, or use any gas or other flammable liquid or chemical without the approval of the Director. All electrical connections of any kind must be approved by the Parks and Recreation Director. No gas or internal 5 combustion vehicle shall be allowed to remain in the area without the approval of the Director. No open flamed devices shall be permitted without the written approval of the Director. In accordance with Section 11, item 87 of the City of Lubbock Code of Ordinances, "No person may manufacture, sell, or give away fireworks, or store, possess, or use fireworks." SECTION 18 - Restroom Facilities It shall be the responsibility of the Director to determine the number of restroom facilities required for each and every event for which an agreement to use park property is executed. The Director retains the right to approve any vendor supplying such restroom facilities for events on park property. Licensee shall be responsible for all costs associated with the rental or acquisition of such facilities. Licensee shall also see that all such restroom facilities are in place and ready for use prior to the event for which Licensee has received permission to use park property. SECTION 19 - Equipment Usage No person may use or transport any equipment, furniture or other articles which are the property of the Parks and Recreation Department without the approval of the Director. As used in this section, the word "equipment" is to include all items of inventoried equipment which are moveable or portable. SECTION 20 - Signs, Posters and Literature The hanging of pictures, banners or other items must have the approval of the Director. The Licensee shall not distribute or circulate or permit to be circulated any advertising matter or programs at the entrance to any part of the premises that does not pertain completely to the immediate attraction. Such material must have the approval of the Director. At no time shall any such advertising matter be distributed or circulated on parking facilities or walkways adjacent to the facility. In order to abide by the sign ordinance in effect within the City of Lubbock, no signs of any type shall be placed on Park property without proper approval of the Director. SECTION 21 - Alterations of Park Premises If alterations of the Park facilities are required, said alterations must first be approved by the Director. SECTION 22 - Abandoned Equipment or Articles The City shall not be held responsible for articles left on the premises. 0 The City shall assume no responsibility for losses when such losses were caused by theft or disappearance. SECTION 23 - Copyright Infringement Licensee must accept all responsibility for, and absolve the Lubbock Parks and Recreation Board and the City of Lubbock, its officers, agents and employees from any liability or expense arising out of the use of the compositions of the members of the American Society of Composers, Authors and Publishers or any other copyright owner, that shall be played or sung in connection with any use of the Parks facility whether amplified, televised or otherwise not in the form of a mechanical recording or personal rendition, unless the sponsor of the program has first paid any fee required and the Licensee shall provide satisfactory evidence of such payment to the Director prior to such program. By executing an agreement to use park proeprty, the Licensee does covenant and agree to hold harmless and indemnify the City of Lubbock, its officers, agents and employees from all claims for damages in any way arising for infringment of any right alleged by any copyright. SECTION 24 - Bookings, Protection Clause The Director may deny rental of any of the Park facilities if, in his judgement, a booking conflict appears imminent. A three (3) day protection period between similar events will be exercised at the discretion of the Director and coordinated between all park facilities. The Director reserves the right to increase the number of protection days between similar events. This is in accordance with the usual procedures of public assembly facilities management concerning adequate protection or unfair competition between similar events. SECTION 25 - Solicitations No collections or donations shall be allowed at the Park facilities without the approval of the Director. SECTION 26 - Catering and Concessions The Director reserves the right to approve all catering and concession operations in conjunction with Licensee's use of park facilities. In all cases where the consideration for use of park property for events shall be a' percentage of catering and concession receipts, then such percentage shall be set forth in the agreement for park use. SECTION 27 - Parking City shall designate an appropriate area for parking for each event and Licensee shall cooperate with City in using such designated space for the event in question. II SECTION 28 - Non -Discrimination No person, group, or association shall be excluded from use of the Lubbock Parks facilities because of handicap, race, color, creed, or national origin and no rules or regulations may be promulgated by the Licensees of the Park facilities which will discriminate against any person, group, or association or exclude them from use of the Parks and Recreation facilities or participation in the Parks and Recreation activities. SECTION 29 - First Aid Services First aid services are available through approved organizations at a cost to the Licensee. The Licensee shall be responsible for payment of any and all fees for these services and it shall be the responsibility of the Organization providing the service to collect said fees. The Licensee shall notify the Director prior to the event when these services will be utilized. The Parks and Recreation Department is not responsible for the services provided by any of the approved organizations. SECTION 30 - Site Clean-up It will be the responsibility of the Licensee to clear the area of all litter and place appropriate containers, unless otherwise stated in special services section of this agreement. Adopted this .day of r� 1993 airman, s and -Recreation oar ATTES . ee Osborn, Director of Parks and Recreation JCR:de/1-D 10/CI VIC.doc September 1, 1993