HomeMy WebLinkAboutRes 2010-10-20 Agreement with GACC-Glow Fest Fall 2010.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-10-20
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND
AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND
THE GREATER ANNA CHAMBER OF COMMERCE FOR GLOW FEST AT SLAYTER
CREEK PARK
WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a
Special Event Pennit application to conduct a community event known as Glow Fest at
Slayter Creek Park; and
WHEREAS, the City of Anna Parks Board has reviewed the application and is
recommending that the City Council of the City of Anna, Texas (the "City Council")
approve the Special Event Pennit; 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 tenns and
conditions of said pennit;
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 purposes as if set forth in full.
Section 2. The City Council hereby approves the Special Event Pe nn it 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 12th day of October,
2010.
ATTEST: APPROVED:
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Res. 2010-10-20 Special Event Permit Agreement-GlowFest Faa 2010.000 PAGE 1 OF 1 10-13-10
AGREEMENT FOR SPECIAL EVENT
This Agreement For Special Event ("Agreemenr) is made by and between the City of
Anna ~City"), and the Greater Anna Chamber of Commerce (~GACC") entered into on
this 12 day of October 2010.
Section 1. Scope
According to Anna City Code Ordinances, Part II, Article 47, the City enters into this
Agreement with GACC for use of Public Park Property for the Anna Glow Fest.
Section 2. Definitions
Meanings. For purposes of this Agreement, the follOwing meanings shall apply:
(1) City shall mean the City of Anna, Texas.
(2) GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna,
Texas.
(3) Anna Glow Fest shall mean the community event sponsored by the GACC and
associated events and activities to take place in Anna, Texas on November 6,
2010.
(4) Public Park Property shall mean the pavilion, parking lot and surrounding property
of Slayter Creek Park.
(5) Special Event means any event that operates wholly or partially within the
incorporated City limit's and may require the use of or assistance from any
department or employee of the City, or the use of any City property.
Section 3. General Requirements
3.01 Terms of Special Event Agreement
(1) The GACC has submitted a Special Event Permit application and sought
authorization for the special event from the City of Anna Parks Board
subject to entering into this agreement with the City. Said application is
attached hereto as Exhibit A.
(2) The Council authorizes the Special Event. subject to the following
restrictions:
Parking Restrictions:
All parking for the event will be conducted on premises designed or adapted for parking.
Parking is to be prohibited on all public rights of way (shoulders. grass areas directly
AGREEMENT FOR SPECIAL EVENT PAGE 1 OF5
adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof,
must be utilized to keep patrons from parking in rights of way.
If parking areas are full, Event staff must be in place to direct vehicles to open parking
areas.
Vehicles on Park Property:
Except for deSignated parking areas and other designated areas approved by the
Director of Public Works, motor vehicles are prohibited from driving on Park property.
At the discretion of the Director of Public Works Motor vehicles may be allowed on
some turf areas to deliver equipment but must be immediately removed when the
delivery is complete. The City may prohibit any vehicle or trailer from driving on turf
areas if in the opinion of the Director of Public Works the ground is too wet to support
the weight of the vehicle. Except for small utility vehicles approved by the Director of
Public Works, all motor vehicles are expressly prohibited from driving on or crossing the
concrete walking trails.
The applicant will ensure that all event participants observe these rules and will be
responsible for paying for any damages to park property caused by vehicles driven by
partiCipants of this event.
Vendors and other Participants:
Vendors and other persons or businesses providing entertainment or activities for the
event may only locate on designated areas of the park that have been approved by the
Director of Public Works.
Section 4. Fees
GACC represents that it has submitted a nonrefundable permit application fee in the
amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and
will pay for any additional actual costs incurred by the City of Anna in reviewing such
application that exceeds said amount.
Section 5. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any
other costs required for the Anna Glow Fest and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Anna Glow Fest.
Section 6. Independent Contractor Status! Liabilityl Indemnity
It is expressly understood and agreed that the City has no right of control, supervision,
or direction over any work performed by the GACC relating in any way to the GACC's
undertaking, promoting, operating, and performance of any other activity related to the
AGREEMENT FOR SPECIAL EVENT PAGE20F5
Anna Glow Fest (the 'Work"), 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 complete any the
Work. There shall be no joint control over the Work. The GACC 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 of, associated or
in connection with the Work. 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, GACC 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.
Section 7. Insurance
GACC shall 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 performance of the Work or in any way related to the GACC's
undertakings performed in connection with the Anna Glow Fest, including but not limited
to coverage for GACC, its agents, representatives, employees, or subcontractors and
Special Event participants, attendees and spectators. The insurance policy must be a
Commercial General Liability Insurance POlicy with combined single limits of liability for
bodily injury and property damage of not less than $500,000 for each occurrence if the
estimated attendance of the Special Event is up to a total of 4,999 persons, and
$1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons
or more. Failure of the GACC to maintain the required coverage is a breach of this
contract and shall not relieve the GACC of any other 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 a certificate of insurance shall be
filed with the City's Secretary.
AGREEMENT FOR SPECIAL EVENT PAGE 3 OF 5
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Section 9. 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 GACC
Natha Wilkison, City Secretary Deana Mink, GACC President
City of Anna 807 Interurban Street
111 N. Powell Parkway Anna, Texas 75409
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 10. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the City
under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and
GACC and supersedes all prior negotiations. representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by
both parties.
Section 12. 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 or in the United
States District Court for the Eastern District of Texas, Sherman Division.
Section 13. 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
AGREEMENT FOR SPECIAL EVENT PAGE40F5
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 14. 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 party originally drafted the section in dispute.
Section 15. Force Majeure
If a party is prevented or delayed from performing any of its obligations 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 16. Assignment
It is understood and agreed that GACC 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 17. 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.
IN WITNESS WHEREOF, CDC and GACC have executed this Agreement.
By:~~b£.In.ifV1L
eana Mink Phili~ Sarlders
Greater Anna Chamber of Commerce
~~nager
AGREEMENT FOR SPECIAL EVENT PAGE 50F5