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HomeMy WebLinkAboutResolution - 1065 - Agreement - Joe Ely Et Al - Tornado Jam - 04/08/1982JS:js RESOLUTION RESOLUTION 1065 — 4/8/82 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 di- rected to execute for and on behalf of the City of Lubbock an Agreement with Joe Ely, through his agent, Chet Hanson of the Brovskey Stewart Group, Barry Fey d/b/a Feyline Presents; and Steve Moss d/b/a Moss Productions, setting forth the requirements of the City concerning the Tornado Jam and related acti- vities now scheduled for May 1st or 2nd, 1982, which agreement, attached here- with, 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 8th day of April 1982. d B cALISTE , MAYOR ATTEST: J 4Eelyn'AGafga, City e ry-Treasurer APPROVE AS /TO CONTENT: eston, Director of—Camm=ity Facilities Underwood, Recreation Superintendent APPROVED AS TO FORM: Joan Sherwin, Assistant City Attorney RESOLUTION 1 065 4/8/82 STATE OF TEXAS § try SFCRETAPY-TREASURER COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: § AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF LUBBOCK, TEXAS, hereinafter called "CITY," and JOE ELY, an in- dividual, represented herein by his agent, CHET HANSON of the BROVSKEY STEWART GROUP of 1209 Baylor, Austin, Texas 78703; INC.aFEYLINE PRESENTS4 which hasr itsCprincipal place of business at 8938 East Union, Suite 250, Englewood, Colorado 80110; and STEVE MOSS, d/b/a MOSS PRODUCTIONS, which has its principal place of business at 2918 Fourth Street, Lubbock, Texas 79415, all hereinafter called "PROMOTERS." WHEREAS, the Board of Parks and Recreation of the CITY OF LUBBOCK has given its permission for PROMOTERS to hold an open air concert at the Buddy Holly Recreation Area; and WHEREAS, PROMOTERS desire to sponsor, promote, and produce an open air concert known as the TORNADO JAM, to be performed on May 1 or May 2, 1982; I. NOW THEREFORE, the CITY and PROMOTERS agree that for the con- sideration hereinafter expressed and subject to the conditions hereinafter set forth that upon the deposit of a cashier's check or certified check payable to the CITY OF LUBBOCK drawn on a bank satisfactory to the CITY in the amount of TWO THOUSAND AND N0/100 DOLLARS ($2,000.00) at the office of the Parks and Recreation De- partment on or before 5:00 P.M. of April 19, 1982, which deposit is a condition precedent to all other agreements set forth here- after, the CITY grants to PROMOTERS permission to use the Buddy Holly Recreation Area in the Lake Two Area of the Canyon Lakes in the CITY OF LUBBOCK, TEXAS, hereinafter called "RECREATION AREA," for the purpose of producing and performing an open air concert and for related purposes, which permit shall be for a term of ten (10) days beginning on April 25, 1982, and ending on May 4, 1982, together with the privilege of operating concessions in the RE- CREATION AREA on the day of the concert performance for sale of such items as novelties, programs, records, soft drinks, confec- tions, food and tobacco products. II. 1. As consideration for the rights and privileges herein granted, PROMOTERS agree to construct three concrete slabs that meet all specifications and requirements of the Parks and Recrea- tion Department of the CITY OF LUBBOCK and which conform to the specifications set forth in Chapter 26 of the Uniform Building Code. Prior to commencing construction of said concrete slabs, PROMOTERS agree to secure the written approval of the Parks and Recreation Department as to the exact location and plans for con- struction of said concrete slabs. 2. PROMOTERS agree that the concrete slabs to be construct- ed as set forth above shall become the property of the CITY. 3. PROMOTERS shall provide and pay for all materials, sup- plies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the construction of said concrete slabs. All materials shall be new and both workmanship and materials shall be of good quality. 4. PROMOTERS agree that they will indemnify and save the CITY harmless from all claims growing out of any demands of sub- contractors, laborers, workmen, mechanics, materialmen and fur- nishers of machinery and parts thereof, equipment and all sup- pliers incurred in the performance of this Agreement. PROMOTERS shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. S. A representative of CITY who shall be a member of the staff of the Parks and Recreation Department will make periodic visits to the site of the construction of the concrete slabs dur- ing construction to review the work in progress. Such represen- tative shall have the authority to stop the work whenever such stoppage is necessary to insure that construction meets the re- quirements of CITY but he will not be responsible for PROMOTERS' failure to perform the work in accordance with this Agreement. The CITY or the representative will not be responsible for the acts or omissions of the PROMOTERS or their subcontractors or any of the agents or employees of PROMOTERS or their subcontrac- tors or of any other person performing any of the work. III. 1. The CITY agrees that PROMOTERS may erect a temporary fence on the RECREATION AREA subject to the prior written approval of the Parks and Recreation Department as to the exact location of said fence and subject to the duty of PROMOTERS to notify the Parks and Recreation Department one day prior to the installation of said fence of their intention to commence such installation. IV. 1. PROMOTERS agree to provide lighting on the RECREATION AREA that will be adequate to illuminate the entire spectator area during the concert and for a time thereafter until the crowd has left the area. 2. PROMOTERS agree to secure the necessary building permits for the installation of all electrical wiring and to employ the services of a licensed electrician for installation of the tempo- rary meter base. V. 1. PROMOTERS agree to provide at their sole cost and ex- pense security personnel as hereinafter specified, which personnel shall be commissioned peace officers designated as such by Article 2.12 of the Texas Code of Criminal Procedure, V.A.T.S., art. 2.12, A. A minimum of fifteen (15) security officers shall be on duty on the day of the concert performance from 11:00 o'clock A.M. until 8:00 o'clock P.M. B. A minimum of twenty-five (25) security policemen shall be on duty on the day of the concert performance from 8:00 o'clock P.M. until one hour after the concertends- or until the crowd disperses, whichever if later. C. Security personnel shall provide traffic control for two hours before the concert begins and for one hour after the concert ends at the following locations: (1) the entrances and exits of all parking lots (2) the intersection of Canyon Lake Road (also known as Bi -Centennial Drive) and North University Avenue (3) the intersection of Marshall and North University Avenue (4) one security officer at each private residence drive on the north part of the Lake One Area (5) one security officer at the residence drive of the Landwer Party House. 2. PROMOTERS agree that all parking will be restricted to parking lots and legally permitted parking spaces on the public streets and that no public parking will be allowed on parklands. VI. 1. PROMOTERS agree to indemnify and otherwise save harm- less the CITY, its agents, servants, and employees from all claims, demands, penalties, annoyances, losses, causes of action, and suits at law and any and all expense incidental to the investigation and defense thereof, based upon or arising directly or indirectly out of any acts or omissions of the PROMOTERS, their agents, employees, guests, or business visitors in connection with the use of the RE- CREATION AREA or any construction or operation conducted thereon by PROMOTERS, their agents, employees, guests or business visitors. 2. PROMOTERS shall be liable for all damages to property of the CITY situated on or near the RECREATIONIAREA, including but not limited to structures, curbs, sidewalks, sprinkler systems, and vegetation. 3. PROMOTERS shall procure and carry at 'their sole cost and expense throughout the term of this agreement, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Agree- ment whether performed by PROMOTERS or by subcontractors. Certifi- cates of insurance or copies of policies, as hereinafter required, shall be furnished to the CITY by or before April 23, 1982. A. Workers' Compensation and Employers' Liability Insur- ance in the amount of $100,000 for each accident. PROMOTERS shall furnish an appropriate Certificate of Insurance showing that such a policy is in effect throughout the term of this Agreement. B. Comprehensive General Liability Insurance, including spectator liability, in the amount of $500,000 for bodily injuries, including accidential death, to any one person, but limited to $500,000 per occurrence and $300,000 for property damage. The CITY OF LUBBOCK shall be a named insured on such policy, a copy of which shall be furnished to the CITY. C. Products liability insurance in the amount of $500,000 per person and per occurrence, covering any product sold or distributed on the RECREATION AREA by PROMO- TERS. The CITY OF LUBBOCK shall be a named insured on such policy, a copy of which shall be furnished to the CITY. D. Automobile insurance providing coverage in an amount of not less than $100,000 for injuries, including ac- cidental death, to any one person, but not less than $300,000 per occurrence, and in an amount of not less than $100,000 for property damage. PROMOTERS shall furnish an appropriate Certificate of Insurance showing that such a policy is in effect throughout the term of this Agreement. E. Property damage insurance covering the facilities and improvements belonging to the CITY OF LUBBOCK on the RECREATION AREA and surrounding lands and streets in the amount of $100,000. The CITY OF LUBBOCK shall be a named insured on such policy, a copy of which shall be furnished to the CITY. 4. Certificates of insurance offered as evidence of com- pliance with the above insurance requirements, should be signed by an authorized representative of the insurance company, and should set forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this contract. (6) A provision that the policy may be cancelled only by mailing written notice to the Parks and Recreation Department of the CITY OF LUBBOCK at P.O. Box 2000, Lubbock, Texas 79457, stating when, not less than ten (10) days thereafter, cancellation of such policy shall not be effective. VII. This Agreement shall be subject to the following general con- ditions: 1. PROMOTERS shall obtain at their own cost all licenses and permits as required by law and pay all taxes, fees, and charges prescribed by law. 2. The concert performance will end no later than twelve o'clock midnight. 3. PROMOTERS shall perform at their sole cost and expense all clean up operations necessary to restore the RECREA- TION AREA and adjacent lakes and parklands to the condi- tions existing thereon prior to any activities undertaken by PROMOTERS in connection with this Agreement, including but not limited to removal of the temporary fence, any vehicles or other abandoned property, and all trash of every kind. Upon satisfactory performance of PROMOTERS' obligations under this paragraph, the CITY shall return the TWO THOUSAND AND N0/100 DOLLARS ($2,000.00) deposit required in Section I of this Agreement less any amount retained by the CITY as reimbursement for damages of any kind that may result from PROMOTERS activities. 4. No person, group or association shall be excluded from use of the RECREATION AREA or any facilities of the CITY OF LUBBOCK because of race, color, creed, or national ori- gin and no rules may be 'promulgated by PROMOTERS which shall discriminate against any person, group, or associa- tion or exclude them from use of such facilities or parti- cipation in activities occurring on such facilities. 5. PROMOTERS may refuse entrance into the fenced spectator area to any person who is intoxicated or who is behaving in such a loud or boisterous manner as to be disruptive to the performance. 6. Representatives of the Parks and Recreation Department of the CITY shall at all times have free access to all parts of the RECREATION AREA. 7. The CITY shall not be responsible for any loss or damages to machinery, equipment, paraphenalia, costumes, clothing scenery, vehicles, exhibit materials, musical instruments or cases for musical instruments or any other property of PROMOTERS or their employees or agents caused by theft, fire, riot, acts of God or any other course of whatever nature or kind. 8. In the event of breach of one or more of the provisions or conditions of this Agreement the CITY may stop all ac- tivities of the PROMOTERS and refuse further permission to use the RECREATION AREA for the purposes expressed herein. The CITY, its agents and employees shall in no way be re- sponsible to PROMOTERS, their agents, employees, or subcon- tractors for taking any action authorized by this paragraph. 9. PROMOTERS shall provide all equipment and facilities neces- sary to operate all concessions and shall receive all pro- fits and revenues resulting from the operation of conces- sions. . 10. The address of the City for purpose of notice or service of process is P.O. Box 2000, Lubbock, TX 79457. The ad- dress of PROMOTERS for such purposes is set forth above. THIS AGREEMENT is entered into this 8th day of April , 1982. ATTEST - Evelyn Gaffga Ci y S .-Treas. APP AS TO CONTENT: r / Weston, Director o Community Facilities ;Km Underwood, ecreati.on Superintendent APPROVEDAS TO FORM: �i .J nhe Swin, Assistant ty Attorney THE CITY OF LUBBOCK BY JO "ELY," B t o h o s ey .( I S wart Group (eviden authority of agent atkAched hereto) FEYLINE RES NTS J, TpCA BY Feyline res ntsy Inc. MOSS PRODUCTIONS BY SSL teve Moss a Moss Productions