HomeMy WebLinkAboutResolution - 4432 - Temporary Parks License Agreement - KCC #3008 - Cinco De Mayo Family Event - 03_24_1994Resolution No. 4432
March 24, 1994
Item #32
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 Knights of Columbus Council #3008 of Lubbock, which
temporary agreement is attached hereto, 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:
&--tt-' �js::�
etty NY. Johnson, City Secretary
24th day of March 1994.
APPROVED AS TO CONTENT:
Rust lack, Park Maintenance
Superintendent
AP )AS TO FORM:
a.
Dbirg
d G. VanidKer, FiYst
Assistant City Attorney
DG V:dp1G:\cCdocsTRKREC.Rcs
March 10, 1994
Resolution No. 4432
March 24, 1994
Item #32
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 the Knights of Columbus Council #3008, hereinafter referred to as "Licensee".
WITNESSETH:
WHEREAS, Licensee has made application to City to sponsor a concert open to the
public on April 30, 1994 and May 1, 1994, to be held at the Landwer 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 "Cinco De Mayo Family Event", 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 "Cinco De Mayo Family Event", which concert shall be held between the hours of
12 noon through 8:00 p.m. on April 30, 1994 and May 1, 1994, at the Landwer 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) Security Fencing -- The Licensee will provide security fencing for the concert
site, as set forth in Exhibit B, which fencing will be six foot high topped with three
strands of barb wire.
(c) First Aid Station -- Licensee agrees to make arrangements with the Emergency
Medical Personnel 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.
(d) Concessions -- Licensee will provide up to thirty 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 $200 per space.
(e) Alcoholic Beverage Concessions -- Licensee may provide 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.
(f) Litter -- Licensee shall be responsible for the removal of all litter from the grounds
at the conclusion of the event.
(g) Security -- Licensee shall provide ten certified security 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 security officers between the hours of
3:00 p.m. and 5:00 p.m. and shall further add ten additional certified security
officers between the hours of 5:00 p.m. and the conclusion of the concert.
Additional certified security officers will be provided by Licensee at the request of
the Director so that three officers will be present per one thousand attendees.
(h) 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.
(i) 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 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.
(j) 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.
(k) 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.
2
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 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 "Cinco De Mayo
Family Event" 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 a guaranteed flat fee of $750.00 per day.
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) 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
concert performing artists. Licensee, however, agrees upon completion of the
concert that it shall leave the Landwer House in as clean and good condition as it
received same.
(b) 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.
3
(c) Dumpsters -- City agrees to locate dumpsters throughout the concert in addition
to the litter barrels.
(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) Barricades -- City will provide sufficient barricades for Licensee's assistance in
off-street parking control.
11. (a) 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.
(b) In the event the Licensee shall be prevented from performing any of its
obligations to the City under the terms of the Agreement 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 Licensee, then in such circumstances the Licensee shall be excused from any further
performance or obligation to the City under the terms of this Agreement, however, this
subparagraph shall not be construed as relieving Licensee from its obligations under Paragraph 6
of this Agreement.
12. Licensee shall, upon the conclusion of this concert or within a reasonable period of
time thereafter, not exceeding one week, pay to the City the consideration herein set forth.
13. 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.
14. 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 Licensee's failure after
notice of such default by City to forthwith correct such default.
15. This Agreement embodies the entire understanding of the parties and they be
altered or amended only in writing signed by both parties hereto.
4
16. This Agreement has been executed in accordance with the laws of the State of
Texas and shall be construed in accordance with Texas law.
ATTEST:
24th day of March 1994.
KNIGHTS OF COLUMBUS COUNCIL #3008
KENEAL SWENSON, FINANCIAL SECRETARY
ATTEST:
Betty A Johnson, My Secretary Dale Robert Rhodes, Jr. Trustee
APPROVED AS TO CONTENT:
us ack
Park Maintenance
Superintendent
APPROVED AS TO FORM:
Donald G. Vandiver
First Assistant City Attorney
M V/dp/C&A-D5/A-PRKREC.doc
March 10. 1994
5
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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
SECTION7
Permits and Licenses .........................4
SECTION
8
Insurance Requirements .......................4
SECTION8.1
Hold Harmless................................4
SECTION
9
Liability for Licensees Property ............4
SECTION
10
Reserved.....................................4
SECTION
11
Advertising of Events ........................5
SECTION12
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
SECTION18
Restroom Facilities ..........................6
SECTION19
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
SECTION25
Solicitations .... ..... 0.... 0................7
SECTION
26
Catering & Concessions .......................7
SECTION
27
Parking ... .............................7
SECTION
28
Non -Discrimination ...........................8
SECTION
29
First Aid Services ...........................8
SECTION30
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
$600.0O during a calendar year. 1099s 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
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
mint 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 personsattending events at the Lubbock
Parks Area whose conduct becomes objectionable, disorderly, or disruptive,
shall be subject to e-ection 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
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 completel 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.
E.
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 shalt 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.
7
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
notif 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
and place appropriate containers,
section of this agreement
Adopted this �_ day
ATTES
Director of Parks and Recreation
JCR:dsA-D I0/0VIC.doc
September 1. 1993
of the Licensee to clear the area of all litter
unless otherwise stated in special services
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