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HomeMy WebLinkAboutResolution - 4912 - Temporary Parks License Agreement-LHCC-Public Facilities For A Public Concert - 07_27_1995Resolution No. 4912 July 27 1995 Item #15 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 and all related documents by and between the City of Lubbock and Lubbock Hispanic Chamber of Commerce to provide public facilities for a public concert, which license 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,A4rxTUftSs4esoIution as if fully copied herein in detail. Passed by the City Council this 2�th da ulY 95 R. LANOSTON, MjkTOR ATTEST: & , D, U �L etty M. Johnson, Ci Secretary 9 AS TO CONTENT: Director Culture & APPROVED AS TO FORM: Dafiald G. Vandiver, First Assistant City Attorney DGV:dp\ccdocs\1hcc.res Julyl7, 1995 Resolution No. 4912 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 "Lubbock Hispanic Chamber of Commerce", hereinafter referred to as "Licensee". WITNESSETH: WHEREAS, Licensee has made application to City to sponsor a concert open to the public on August 19, 1995, to be held at the Landwer House and surrounding 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 "Battle of the Bands", 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 "Battle of the Bands", which concert shall be held between the hours of 12:00 noon through 8:30 p.m. on August 19, 1995, at the Landwer House and the surrounding 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 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 30 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 3 first aid station(s) available during the hours that the events 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 $200.00 per space. (e) Alcoholic Beverage Concession -- Licensee may provide 3 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. FIVE HUNDRED AND NO/100 DOLLARS ($500.00) refundable deposit. Thirty-six (36) hours to clean up after event. Pro -rate FIVE HUNDRED AND NO/100 DOLLARS ($500.00), if necessary. (g) Security -- Licensee shall provide 5 certified security officers to be in attendance at the event during the hours of 12:00 noon until 4:00 p.m. on the day(s) of the event. Licensee shall further add ten additional certified security officers between the hours of 4:00 p.m. and the conclusion of the concert. Additional certified security officers will be provided by Licensee at the request of the Parks Manager 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 Manager 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 Manager 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. (1) Dumpsters -- Licensee agrees to provide ° 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. (m) Cooking Grease and Oil - Licensee agrees to not dispose of cooking grease in dumpsters, on the earth or on the streets. Licensee also agrees to make arrangements to properly collect and dispose of cooking grease. The preferred method is to recycle. 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 other person employed by or admitted to said premised by said Lessee, then Licensee will immediately desist from and correct such violation. If such violation persist 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 day prior to the event. 6. Licensee agrees with the City that it shall hold the City harmless from any and all claims, demands, caused 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 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 "Battle of the Bands" 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 fee of and $750.00 for August 19, 1995. 9. License 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) Landwer House -- City shall make available to Licensee the Landwer House for the purposes of establishing a concert 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 the 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. 4 (c) Electric Power -- City will furnish electricity to the stage area for all music instruments and amplifiers. (d) 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. 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 civic 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. 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. 13. 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. 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 again 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. 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 law. Executed on this 2 7 th day of CIT F R. LANGWON, MAYf)R ATTEST: Betty . . Johnson, dity Secretary APPROVED AS,TO CONTENT: July LUBBOCK HISPANIC CHAMBER OF COMMERCE Robert Dominguez, President ATTEST: Paula K. Montoya, Chairperson �aroly Aliamus, Managing Director Culture & Leisure Services APPROVED AS TO FORM: Z Q 4% -r 'a OL, Donald G. Vandiver, First Assistant City Attorney DGV:dp\cityatt\a-LHCC. Doc July 17, 1995 6 1995. -AA— ►tRINCTER SURTET Of EI RI- ACRE TRACT Of LAND IN SECTION I?.- 114.41CR A. t t RAILROAD COMPANY SURVEY LU/SOCK SOUNTT. TEXAS. Not %-46 so �r Din 4A1 b. & onvo.:Am) J... V&OA M$A L - i I \ 4 ...� .� / r }AST r 02 � / = s L L OGO t AVT LAWS AerCArt LWTS Or SAVET. 0• sure Vt' Aram r!t (P-WAL maAAam? a Atcom scmn p. roue VY e0m SM (C-TSOUNC wnasuT). • r0M0 OAYOY TIIQ lcow"a'm 4000me 1 10. WT V1' e- nil 6FT% C.V. (K) KCOm CALL. 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EXHIBIT A L "MAT l lAT.L atasTUtl mwWTvw OY LAND ILNFVCVW Be KR/7 Ct3rwT TTUT fmq PLAT Are Klewmw WAS PWAKO mm Am ACTUAL tAlVty or Fat F+ow"IT Are nur r.t A/OrflrArcm "mar AVtmos rw rooscl OF "a SUM Tl tK K%r O/ in iOrOw"m Are am". skorwvu ALT IL M) *War L. germ ROBERggTL SgMITH SURVEYING h 93 01-418-u43FB 20 4 PG 36 v A11ot ZA,Nn M1tlON ox n � O V I r EXHIBIT B POLICY ANO_P!ROCEOVBES FOR ALCQNOL ,-ON_ PARK *6_PERTY a �r vf,1 ` SALES AND USAGE TABLE OF CONTENTS PAGE ............................................................................................................ SECTION 1 Definitions..................................I SEC'�T1014 2 Right to Alter Regulations and Rental Rates ..2 /1 I 0 N SE\r 3 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 4 License or Rental Agreement ..................2 SECTIONSPayment 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 1S 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 SECTION2S Solicitations................................7 SECTION 26 Catering i Concessions .......................7 SECTION27 Parking......................................7 SECTION 28 Non -Discrimination SECTION 29 ...........................� First Aid Services ...........................i SECTION 30 Site Clean Up ....... .............. ...........i EXHIBIT C programs records, periodicals, books. ,fisgaiins, pawspapers soft drinks alcoholic bevera 0; flowers, tobaccos, csnnMas, food, novel&i or relstQ merchandise: `Z to hion�,�hoto9r h= o��othec such ides; (3) the term concessions shaft 6 (include the sit donation. or 91 awaY merchandise or products which sra a part or directly related to an slut iied Convention or exhibit for which .g fixed rental is -otherwise charged. 1 J%I 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 Oirector 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 Oirector 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 Oirector 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 (c) Where the pperformapce is otherwise cancelled at the request of the Director and with the .Content_9f 04 Licensee. oft. SECTION 7 - Permits and Llcensis-T _ -J �9 •� It is the responsibility of the Licensee to obtain an ap ropriate permit or license when applicable prior toContract'ior us ng fe of'anpf the facilities of the Parks and R� ecreation 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 proviicede certificates of liability insurance naming the City of Lubbock, its offrs, 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 Ucensee'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 combustion vehicle shall be showed to remain In the area without the approval of the Director. N open flaM4.1evices $41 hvw"ted without the written approval of the �irectbr. In accordance with�SectloA.� ,item 87_ of thi City of Lubkock Code of Ordinances, 'No person mJ_X V factureG_'sfelt,_ Qr I;L" 6 vat_ rework:, or store, possess, or use fkew s. = r SECTION 18 . Restroom Facititles 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.sThe e Director retains the right to approve any vendor supplying suche t oo fac t es 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 types all be placed on Park property without proper approval of the O�rector. 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. 6 SECTION 28 - Non-Dlscrlminatlon 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 shalt 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 1993 airman, s an Recreation oar ATTEST�I Director of Parks and Recreation JC11:d&A-010 Clvie.hs s•pt•rne« 1. tf» 8 4/28/96 Note to File Regarding Council date 7/27/95 per Betty Johnson, City Secretary, this file is closed on waiting for the signed original documents. On January 4, 1996 Sherrie Hogan, Administrative Secretary to City Secretary, checked with Clay Tarpley on status of this original document. Her documentation states "per Clay, the event was cancelled and he doesnt know where original is".