HomeMy WebLinkAboutResolution - 4560 - Temprorary Parks License Agreement - Knights Of Columbus Council #3008 - Concert - 07_28_1994Resolution No. 4560
Item #21
July 28, 1994
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:
etty M. khnsonVCity Secretary
APPROVED AS TO CONTENT:
Rusty Pjadk, Park Maintenance
Supe fntendent
APPROVED AS TO FORM:
Dba, ld G. Vandiver, First
Assistant City Attorney
DGV:dp\G Accdocs\BOTB. Res
June 13, 1994
Resolution No. 4560
Item #21
July 28, 1994
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 August 14, 1994, to be held at the Buddy Holly 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 "Back to School Bash ", 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 "Back to School Bash ", which concert shall be held between the hours of 12 noon
through 8:00 p.m. on August 14, 1994, at the Buddy Holly 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 as
needed on 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 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 two 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 Parks Department Superintendent 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 Parks Department Superintendent 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 Parks Department Superintendent 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.
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(1) Dumpsters --Licensee agrees to provide six dumpsters throughout the concert site
to be located as needed on the properties described in Exhibit A and B for usage
during this event. Licensee shall bear all costs for these units.
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 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 "Back to School Bash
if 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 services to Licensee during the term of this license
agreement:
(a) 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.
(b) Electric Power -- City will furnish electricity to the stage area for all music
instruments and amplifiers.
(c) 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.
(d) 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 two weeks, 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:
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.
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.
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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.
Executed on this 28th day of -- —Juu l 1994.
K CI OF LU UC N1�(i S OF COL 43308
ATTEST:
Betty NT Johns n, City Secretary
APPROVED AS TO CONTENT:
Rusty Alfft
Park Maintenance Superintendent
APPROVED AS TO FORM:
�o
mv� N-)
Wrald G. Vandiver,
First Assistant City Attorney
DGV/dp/Cd A-D5BOTB.doe
June 13, 1994
ATTEST:
Dale Robert Rhodes, Jr., Trustee
ARY
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