HomeMy WebLinkAboutRes 2013-06-06 Special Event Permit - Daddy Rex.pdfRESOLUTION NO. 2013-06-06
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF ANNA AND DADDY REX TWISTED BBQ FOR A SPECIAL EVENT
PERMIT TO SPONSOR A SUMMER MUSIC NIGHT EVENT ON THURSDAY
EVENINGS STARTING JUNE 27, 2013 THRU AUGUST 22, 2013 ON
INTERURBAN RIGHT-OF-WAY
WHEREAS, the Daddy Rex Twisted BBQ has submitted a Special Event Permit
application to conduct a Summer Music Nights event on Thursdays June 27th
August 22, 2013 on interurban right-of-way; 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 Permit; 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 purposes 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 25th day of June,
2013.
ATTEST:
Kl/-tha Wilkison, City Secretary
Res. 2013-06-06 Special Event Permit & Agreement Cady Rex
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06-25-13
This Agreement (this "Agreement") is made by and between the City of Anna,
Texas ("City"), Daddy Rex's Twisted Barbeque ("DRTB") and is entered into on
this 25th day of June, 2013.
Section 1. Summary
Daddy Rex's Twisted Barbecue will be conducting a Summer Music Nights event
on Thursdays June 27th — August 22, 2013 on interurban right-of-way, 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.
DRTB shall mean Daddy Rex's Twisted Barbeque.
Section 3. General Requirements
The Summer Music Nights will be limited to Interurban Street between Fourth
Street and Fifth Street.
DRTB will provide to 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.
DRTB will provide traffic cones acceptable to the Anna Police Department to
block off Interurban Street between Fourth Street and Fifth Street.
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.
DRTB as the organizer of this Event, you and all invited guests are required to
observe the Noise Regulations outlined in Part II, Article 29, Section 1 (Noise
Regulations) of the Anna City Code of Ordinances.
DRTB as the organizer of this Event, you must be physically present on the
Premises at all times during the Event and at least 30 minutes before any
alcoholic beverages are served or consumed and at least 30 minutes after any
alcoholic beverages are served or consumed.
Section 4. Licenses and Permits
The DRTB shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Summer Music Night events and to fulfill this
Agreement.
The DRTB must comply with all federal and state laws, and local ordinances while
organizing and participating in the Summer Music Night 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 DRTB relating in any
way to the DRTB's undertaking, promoting, operating, and performance of any
other activity related to the Summer Music Night events 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 Summer Music Night events. There shall be no
joint control over the Summer Music Night events. The DRTB 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 Summer Music Night events. 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,
DRTB 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 Summer Music Night events 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 DRTB's 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
SUMMER MUSIC NIGHT EVENTS 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
DRTB 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 presentation of or conducting of the Summer
Music Night events or in any way related to the DRTB's undertakings performed
in connection with the Summer Music Night events, including but not limited to
coverage for DRIB, 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 DRTB to maintain adequate insurance coverage
at all times, and to require that each contractor, vendor, or other participant in the
Summer Music Night events does likewise. Failure of the DRTB to maintain
adequate coverage shall not relieve the DRTB 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 DRTB with the
City Secretary. Proof of adequate coverage must be provided to the City as soon
as practicable after this Agreement becomes effective, and DRTB 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 Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Daddy Rex's Twisted BBQ
Karen Ahrens
121 W Fourth Street
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 create 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 DRTB and supersedes all prior negotiations, representations and/or
agreements, either written or oral with respect to the Summer Music Night events.
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 party 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 DRTB 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:
Daddy Rex's Twisted Barbeque
Karen Ahrens, Part Owner
City of Anna, Texas
Philip Sanders, City Manager
SPECIAL
A PERMIT
S A1 i' A ,
Return form with Deposit to:
Public Works Dept.
3223 N. Powell Pkwy
Anna, TX 75409
972-924-4510
0 R i
Dates of Activi tit 1•� Q, /-p
Reservation Time Block:
Q P
T e of Activi ex lain u ase of activiM ER OAAUSI C -
Estimated Number of People Attending Activity:
Reservation Location: _
,.-i- kelwee-oWill Food and/or Bevera es beon-site for the activNo
Will Alcohol be served or sold? >LYes D No if yes, include re uest letter
If yes, please indicate who the pndors are (food
Oaanddddrinks):
DPr i� t -ek'ulrs e d
Please identify all other activities & structures (bounce house, tents, music, spouts, games, etc):
- O SA 'I
F
Applicant agrees that this Indemnity agreement is intended to be as broad and
Inclusive as is permitted by the laws of the state of Texas, and that If any portion Is
held invalid, then It is agreed that the balance shalt, notwithstanding, continue In full
legal force and effect.
I do solemnly swear (or affirm) that all the answers given and statements made on this
application and supporting documents are full, true, and correct to the best of my
knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part ll,
Article 47 and have read the provisions contained therein and agree to abide by them.
Applica Na e:� 1�►���?Cc�91-feu
e�
Si nature:
Date: 4� ,
Submittal Requirements:
c
1. Completed application with signatures and contact information.
L2. Submit application fee ($50) and deposit ($300). (Ord. No. 490-2008; Checks payable to the City
.5 of Anna)
a 3. Map of Event area.
4. List of food and beverage vendors and/or copy of current license from vendor.
5. Statement of Intent to obtain Insurance and/or Proof of Insurance. (A copy of the Certificate
of -Insurance is due a minimum of one week before event start date)
6. Letter of request if alcohol is desired..
Return this form along with you deposit to: Public Works Dept.
3223 North Powell Pkwy.
Anna, Texas 75409
972-924-4510
For Office Use Only:
Date Application & De osit Received $300: Date Application Fee Received ($50):
Received By: Received BY:
Cash or Check # Cash or Check #
Receipt #: ' Receipt #:
Required Documents Redd:
❑ Completed Application ❑ Insurance O Food Vendor List ❑ Sound System ❑ Map
Alcohol Request (optional)
El Other:
11 Other:
L7 Approved by: ❑Permit issued Date:
Assign Date of Parks Board Review of Application: ' / 1_3
(put date in blank) and notify Applicant.
Daddy Rex's Twisted BBQ is hosting Summer Music Nights! We
are proposing a Thursday dight Music Night to be held in
Downtown Anna on Interurban Dr between 4th Street and Stn
Street. We would close the street and encourage people to
bring their lawn chairs and enjoy the free music. The bands
would range from Country music to Christian music, Jazz, and
Classic Rock. We want this to be a family friendly experience
and to promote businesses in Downtown. These nights would
start on June 27t" and continue through August 22"x.
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