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HomeMy WebLinkAboutResolution - 2016-R0100 - Street Use License With Slide The City - 03/10/2016Resolution No. 2016-RO100 Item No. 6.12 March 10, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License, by and between the City of Lubbock and Slide The City, LLC, and related documents. Said License is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 10 , 2016. �� "�)T/- M GERLT, Mayor Pro Tem ATTEST: 0".0 �-' " - --'r Re ecca Garza, City Secr tart' APPROVED AS TO CONTENT: -ZT44." � Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: w RES.St Use Lic-Slide The City, LLC 3.2.16 Resolution No. 2016-RO100 STREET USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this 10th day of March , 2016, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and SLIDE THE CITY, LLC, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use, from 12:00 A.M. until 11:59 P.M. on July 30, 2016, a portion of dedicated street and sidewalks, depicted in Exhibit "A" attached hereto, and hereinafter referred to as the "Property," to conduct the SLIDE THE CITY event, as set forth in Exhibit "B" attached hereto. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are permitted under this license, if any, shall be removed by the LICENSEE and the Property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of $250.00 cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted, including but not limited to necessary police, fire, or emergency medical treatment services, as well as those costs that are covered in the LICENSEE's standard ISO general liability policy. 3. In the event the CITY OF LUBBOCK determines that the License herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would not have been incurred except for LICENSEE'S use herein. 4. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This License is made subject to the condition that, to the extent allowed by law, LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, elected officials, and employees harmless from any and all claims, demands, actions, causes of action and suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or use or occupancy of the Property. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a certificate of general liability insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as an additional insured, said policy covering the uses herein granted. The Certificate will provide 30 day notice of cancellation. Such Certificate of Insurance must include wording which states that the policy shall be primary with respect to any insurance carried by CITY OF LUBBOCK and be endorsed to include a waiver of subrogation in favor of the CITY OF LUBBOCK. Failure of the LICENSEE to maintain the required insurance shall result in the contemporaneous termination of this License without notice to LICENSEE. 7. All of the covenants and provisions of this License shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to return peaceful possession of said Property covered herein upon termination or cancellation of this License. No interest for real property is conveyed or granted by this License. 9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. LICENSEE shall comply with all applicable ordinances of the CITY OF LUBBOCK, Texas in its use and occupancy of the Property including but not limited to obtaining each permit set forth in Exhibit "C" attached hereto and any other permits required by the City Code of Lubbock, Texas. Failure to obtain and maintain all permits required hereby shall result in a revocation of this License by the City without recourse or further notice. CITY OF LUBBOCK By: Qr 4AdI7: — JI GERLT, Mayor Pro Tem ATTEST: D -401. -Ole -f , 11� — Rebe ca Garza, City Secr tart' APPROVED AS TO CONTENT: .off Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: STREET USE LICENSE SLIDE THE CITY, LLC AGREED TO AND ACCEPTED this 10th day of March , 2016. SLIDE THE CITY, LLC By: Title: )1 e Print:.(r f THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared JIM GERLT, Mayor Pro Tem of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � � day of —� „Ipunrrrrpr• c0 QCT: is •-'f 11111111`` THE STATE OF TEXAS COUNTY OF LUBBOCK 01 I/W'k (� Ik" Nota ubhc in and for the State of Texas My Commission Expires: 2 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared L�Aki;LEA1 jk&Y , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as an act and deed of said SLIDE THE CITY, LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisT� day of IAC 32016. co __ ZQ � C License/Street Use Lic-Slide The City,LLC 3.2.2016 Notary Public in and for the State of Texas My Commission Expires: STREET USE LICENSE SLIDE THE CITY, LLC M No Text 4 EVENT OVERVIEW Slide the City is a family fun clay in the sun! The main attraction is a 1,000 foot water slide through the city. In addition, there will be the music, food, and drinks. Slide the City is a weekend event open to the public. Tickets to ride wr t the slide are available for purchase. The event will require the street to " be shut down to vehicle traffic, allowing participants full access to the slide and local stores, In order to make sure local citizens aren't negatively affected by traffic we work with local law enforcement to help with traffic flow. We have lanes blocked off for driveways, egress and entrance, and fire lanes. Storefronts will remain open and benefit from increased patronage Exhibit B SLIDE ELEVATION Streets are chosen that correspond with acceptable grade requirements of the slide. (i.e. I -vent street must have a slope of 10 vertical feet per 100 horizontal feet. Any street over 20 vertical feet is unacceptable.) Participants We anticipate 4,000 - 6,000 Participants and 60-100 volunteers Event SCHEDULE (example) 3:00 am - 9:00 am Setup Begins 9:00 am - 7:00 pm Check in attendees 7:00 pm -.. 11:00 pm Slide is closed and all clean up begins CHARITABLE CONTRIBUTION We are committed to giving back to the community, and will work closely with a local charity in order to raise funds for its good cause. We typically work with local YMCAs or Special Olympics, but if the venue or city we are working with requests a different non-profit, we are more than willing to work with them. INSURANCE M1 A Exhibit B Slide The City will carry insurance for each event and can provide insurance of $1 million per occurrence and $3 million per aggregate. (Can be adjusted to meet the venue's needs). MEDICAL PLAN We plan on hiring EMTs and at least 1 emergency vehicle to have on site. All medical personnel will be provided with event director's direct cell phone number. SAFETY INFORMATION As safety is our main concern, we have established standards and procedures to ensure a safe ride for the sliders: • All participants will receive a mouthpiece with their ticket purchase • All participants are required to use a tube • Everyone must sign a Exhibit B waiver (we can include the city on that waiver as well) • The water levels on the slide are minimal - there is no risk of choking, drowning, etc. Riders must be 46 inches tall to ride • No animals are allowed on the slide • We have foam helmets, which can be worn by participants as an extra safety option. • PH levels are checked and chemicals are added as needed by approved pool technicians at the top and bottom of the slide • A security company will line the perimeter of the slide to regulate proper slide operations • Fencing will be place on both side of the slide to insure no one can jump on in the middle of the slide SLIDE MAP Rvhronms KL dors Foam Helmets 5prelen B — ftv rs Rrinrs Grnet.0 r i � dJ r In(lalables • Pedestrian Fencing tent F 4sys l,.. rchanlf4r` R.anlrej� Stage t[xxl trucks Eldhimms --. -- •-- O c t @j p E Y (aj U co N= ro C O O 'D L a N -p p b c O u Y 7 U O " Cz m N O vii .2 N. Y C m` a O C 0 � Q .i� 4J U 4) E c N O LJ T cYo Ln Ln -C a ` co 0 -a c m v Ln _ 0 > a v c v Y � 3 r- 3 � °c � a Z Y fO-a m o w c mL O E o E 4J "O T E 7 W V1 -Dp vi � 0! C In ` 3 -O u m v v w 0 c (u +� o Q .c �.' o -w O w O 0O InN\ NO L 41 N "D U C 3 O v ''' 41 N m Y C N \ 'C r\-1 O m E O a W N 4 U v LL Y LA Ln f0 3> o O v� u u o O v E Jw a v o} `�°, C 'E a o Y 3 0 v N a '� � c c E a mO N N .p n to _ Om fO Q a, (U v 41 o Q > 0> N 4J N Ln m J l% 41 ;4 a--1 41 N W `O Q. LL E rr a V N Y O- O O O O O V- O O O O O E Nm m o Tm E E E +' E V41 v a c C N a LL m cuN 3 Q N N D u O oz w w cO C OL 41 w La Q FU i+ J Y 41O �... ,N E Ln I- w Ln41 D 'D ` 41 41 'D v u v O O_ a .o m v m m Ln O E o N O N Ln m Z H LL CO + C u > L W Y D U > 0 v E L N 4J � O u — I— tn vi LO O r4 O cnn 4! 41 m ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) kk_./ 1 03/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shantelle Martinez Western States Insurance Agency Inc PHONE 87 East Center FFANo, ac No: (801)798-7462 E-MAIL ADDRESS: Shantelle@westernstatesinsurance.net Spanish Fork, UT 84660 License #: 92455 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Citadel Insurance INSURED Slide the City INSURER B: DBA INSURER C : 59 West 100 South INSURER D: Salt Lake City, UT 84101 INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER, INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-629087 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD S BR POLICY NUMBER MMI IDN EFF MMIDDN EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y SLS10002 07/28/2016 07/31/2016 EACH OCCURRENCE $ 2,000,000 X1 CLAIMS -MADE OCCUR DAMAGE TO RENTED Ea occurrence $ 100,000 -PREMISES MED EXP (Any one person) $ 500 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, X POLICY, jEa LOC PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N I STATUTE ERS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Medical Y SLS10002 07/28/2016 07/31/2016 Medical $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The certificate holder is named as additional insured for this event. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock, TX ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Printed by SBM on March 14, 2016 at 11:22AM