HomeMy WebLinkAboutRes 2014-09-07 Disc Golf Special Event Permit.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-09-07
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF ANNA AND THE ANNA EDUCATION FOUNDATION FOR A
SPECIAL EVENT PERMIT TO SPONSOR A FUNDRAISER DISC GOLF
TOURNAMENT ON SATURDAY, NOVEMBER 1, 2014 STARTING AT
SLAYTER CREEK PARK.
WHEREAS, the Anna Education Foundation has submitted a Special Event Permit
application to conduct a Disc Golf Tournament event on Saturday, November 1, 2014
located at Slayter Creek Park: and:
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City
shall enter into a Special Event Agreement (the "Agreement) incorporating the terms
and conditions of said permit;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposed as if set forth in
full.
Section 2. The City Council hereby approves the Special Event Permit and
authorizes the City Manager to execute and sign the Special Event Agreement attached
hereto as Exhibit 1.
PASSED by the City Council of the City of Anna, Texas, on this 23rd day of September
23, 2014
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Nalh Wilkison, City Secretary ,,`�"""""""'%/%,.� ayor, Mike Crist
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EXHIBIT 1
AGREEMENT
This Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City"), Anna
Education Foundation and is entered into on this 23`d dayday of September, 2014.
Section 1. Summary
The Anna Education Foundation will be conducting a Disc Golf Tournament event on Saturday,
November 1, 2014 located at Slayter Creek, in accordance with the provisions of this
Agreement.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
City shall mean the City of Anna, Texas.
Anna Education Foundation shall mean the Anna Education Foundation.
Section 3. General Requirements
The Fundraiser Disc Golf Tournament will be located at the Disc Golf Course and facilities
located at Slayter Creek Park.
Anna Education Foundation will provide at a minimum an insurance policy of $1,000,000 naming
the City as an additional insured and a copy of the Certificate of Insurance will be submitted to City
Hall one week before the event start date.
All building codes shall be adhered to.
Any violation of the terms and conditions of this Permit may result in the immediate revocation of
this Permit and the imposition of fines as allowed under Ord. No. 601-2012.
Anna Education Foundation as the organizer of this Event, you and all invited guests are required to
observe the Noise Regulations outlined in Part If, Article 29, Section 1(Noise Regulations) of the
Anna City Code of Ordinances.
Section 4. Licenses and Permits
Anna Education Foundation shall obtain and pay for any and all permits, licenses, disposal fees, or any
other costs required for the events and to fiulfill this Agreement.
Anna Education Foundation must comply with all federal and state laws, and local ordinances while
organizing and participating in the event.
Section 5. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the City has no right of control, supervision, or direction
over any work performed by the Anna Education Foundation relating in any way to the Anna
Education Foundation undertaking, promoting, operating, and performance of any other activity
related to the Disc Golf Tournament event including but not limited to its employees or its
subcontractors, nor does the City have any control, supervision or direction of the means, methods,
sequences, procedures, and techniques utilized to conduct the Disc Golf Tournament event. There
shall be no j oint control over the Anna Education Foundation event agrees to fully defend, indemnify
and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any
other cost or expense arising or growing out o� associated or in connection with the Anna Education
Foundation event The indemnification includes, but is not limited to, attorney fees incurred by the
City in defending itself or in enforcing this Agreement By entering into this Agreement, Fundraiser
Disc Golf Tournament waives all rights and remedies in law or in equity except to seek enforcement
of specific performance of the obligations under this Agreement This provision is not intended to
and does not waive any of the City's governmental immunities, including immunity from suit and
liability. It is expressly understood and agreed that any participation in the presentation of or
conducting of the Fundraiser Disc Golf Tournament event by any City Official or City employee is
not authorized by the City and shall not be authorized by the City, unless such authorization is by
written agreement, duly adopted by the City.
THE FUNDRAISER DISC GOLF TOURNAMENT DUTIES TO DEFEND, INDEMNIFY,
AND HOLD HARMLESS THE CITY EXPRESSLY APPLY EVEN IF A CLAIM,
PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST
OR EXPENSE ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY
WITH THE FUNDRAISER DISC GOLF TOURNAMENT EVENT IS CAUSED OR
ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY
CITY OFFICIAL OR EMPLOYEE. THE OBLIGATIONS UNDER THIS SECTION 5 OF
THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Section 6. Insurance
Fundraiser Disc Golf Tournament event sball procure and maintain for the duration of the contract
insurance to cover claims for injuries to persons or damages to property, which may arise from or in
conjunction with the presentation of or conducting of the Fundraiser Disc Golf Tournament event or
in any way related to the Anna Education Foundation undertakings performed
In connection with the Fundraiser Disc Golf Tournament event, including but not limited to coverage
for Anna Education Foundation, its agents, representatives, employees, subcontractors, volunteers,
and other participants. The form, coverage and limits of such insurance, together with the
underwriter thereof in each case, must be acceptable to the City and the Fire Marshal but regardless
of such acceptance it shall be the responsibility of the Anna Education Foundation to maintain
adequate insurance coverage at all tunes, and to require that each contractor, vendor, or other
participant in the Disc Golf Tournament event does likewise. Failure of the Anna Education
Foundation to maintain adequate coverage shall not relieve the Anna Education Foundation of any
contractual responsibility or obligation. Each policy shall name the City as an additional insured and
provide that there will be no alteration or modification which reduces coverage in any way prior to
30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a
certificate of insurance, shall be filed by Anna Education Foundation with the City Secretary. Proof
of adequate coverage must be provided to the City as soon as practicable after this Agreement
becomes effective, and the Anna Education Foundation is encouraged to discuss the limits and types
of coverage that will be acceptable to the City and Fire Marshal before submitting such proof to the
City to reduce the potential that the City or Fire Marshal rejects same as insufficient.
Section 7. Amendment
This Agreement may not be amended except pursuant to a written instrument signed by both
parties.
Section 8. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified
mail, return receipt requested, at the addresses listed below:
City of Anna
Philip Sanders, City mer
City ofAnna
111 N. Powell Parkway
Anna, Texas 75409
Anna Athletic Booster Club
Greta. Adams
501 S Sherley
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the information listed
in this section.
Section 9. No Waiver of Immunity; No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the City under Texas
law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not
intended to cute or grant any rights, contractual or otherwise, to any other person or entity.
Section 10. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and the Anna
Education Foundation and supersedes all prior negotiations, representations and/or agreements,
either written or oral with respect to the Fundraiser Disc Golf Tournament event"
Section 11. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to interpretation and
performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court
of competent jurisdiction in Collin County, Texas.
Section 12. Severability
The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision,
sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to
any rule or regulation having the force and effect of the law, such decisions shall not affect the
remaining portions of this Agreement.
Section 13. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute
over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not
to be more strictly construed against one party than another, regardless of which parry originally
drafted the section in dispute.
Section 14. Force Majeure
If a party is prevented or delayed from performing any of its obligation hereunder due to a natural or
manmade event or condition not caused by such party and beyond such party's reasonable control,
then such party's performance of those obligations shall be suspended until such time as the event or
condition no longer prevents or delays performance. If any event or condition results in the creation
of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be
bound to conclude, terms and conditions for collection of those excess amounts.
Section 15. Assignment
It is understood and agreed that Anna Education Foundation shall not assign, sublet, or transfer any of
the rights and duties under the terms of this Agreement without the prior written approval of the
City.
Section 16. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of such
Agreement shall begin as soon thereafter as practicable, or as specified herein.
SIGNATURES:
Anna Education Foundation
LOW
Greta Adams, Representative
City of Anna, Texas
Philip Sanders, City Manager