HomeMy WebLinkAboutRes 2016-09-228 - 2016 GlowFest Permit SignedCITY OF ANNA, TEXAS
RESOLUTION NO. )(Na -Cq - �9�
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA
CHAMBER OF COMMERCE FOR THE 2016 GLOWFEST
WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has
submitted a Special Event Permit application to conduct a community event
known as "Glow Fest" at Slayter Creek Park on Saturday, October 29th; and
WHEREAS, in the event of inclement weather on October 2 9th the alternate date
will be November 5 th ; 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 11, 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
application for the 2016 GACC GlowFest, and the Special Event Agreement
attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes
the City Manager to execute same on its behalf. The City Manager is further
authorized to execute all documents and to take all other actions necessary to
finalize, act under, and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 27 th day of
September, 2016.
OF
ATTEST: A E e.
r
City Secretary Carrie L. Smith ik )�br Mike Crist
4 N
X
I I I
EXHIBIT 1
AGREEMENT FOR SPECIAL EVENT
This Agreement for Special Event ("Agreement") is made by and between the
City of Anna ("City"), and the Greater Anna Chamber of Commerce ("GACC")
entered into on this 27 th day of September 2016.
Section 1. Scope
According to Anna City Code Ordinances, Part 11, 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:
City shall mean the City of Anna, Texas.
GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna,
Texas.
Anna Glow Fest shall mean the community event sponsored by the GACC and
associated events and activities to take place in Anna, Texas on October 29th,
2016 with an alternate date being November 5 th 2016.
Public Park Property shall mean the pavilion, parking lot and surrounding
property of Slayter Creek Park, and the Slayter Creek Trail system.
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
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 B.
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 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 Planning and Development, motor vehicles are prohibited from driving
on Park property. At the discretion of the Director of Planning and Development
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
Planning and Development the ground is too wet to support the weight of the
vehicle. Except for small utility vehicles approved by the Director of Planning and
Development, 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 Planning and Development.
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/ 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 GACC relating in any
way to the GACC's undertaking, promoting, operating, and performance of any
other activity related to the 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.
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
Carrie L Smith, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Kevin Hall, Executive Director
218 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 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 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, City and GACC have executed this Arir ement.
g. e
By:_ ym�
Kevin Hall
Greater Anna Chamber of Commerce
SPECIAL EVENT PERMIT APPLICATION
Planning and Development Dept.
3223 N. Powell Pkwy
Anna, TX 75409
L 972-924-2616
CITY OF ANNA- TEXA5
Type of Event: DCarnival
APPLICANT
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INFORMATION
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ApplicantName:
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Address: 9, 16
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City: AAIIVA
State: TX Zip Code: 'IS y 0,1
Phone#:
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Email: —,_ 1v o
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-Date:
*Note: Applications
must be filed at least 30 &LjEAftance.
AO��ON FEE AND DEPOSIT REFUND INFORMATION
Application Fee $50 (non-refundable) Deposit $300 (refundable)
g Same Information As Above (if not the same, complete the next two lines)
-Issue Deposit Refund To:
Address: City: State: Zip Code
Date(s) of Activitv: D ( -4 L a , aa D_ /� , t
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Reservation Time Block:
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Type of Activity (explain purpose of activity): -T L
-Estimated Number of People Attending Activity:
Reservation Location: S . 1 ( /- -e -e h� (0
Will Food and/or Beverages be on -site for the activity? Yes El No
-Will Alcohol be served or sold? 0 Yes ANo (if yes, include request letter)
If yes, please indicate who the vendors are (food and drinks):
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Please i , dentify all other activifies &structures" (bounce house, tents, mu'S'ic, sports, games, etc.):
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*If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the
event sponsor.
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