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HomeMy WebLinkAboutRes 2019-03-552 GACC Easter Egg HuntCITY OF ANNA, TEXAS RESOLUTION NO. AQ(q-03��� 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 AN EASTER EGG HUNT AT SLAYTER CREEK PARK WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a Special Event Permit application to conduct an Easter Egg Hunt; 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 A. PASSED by the City Council of the City of Anna, Texas, on this 12th, day of March 2019. ATTEST: APPROV 0\\%%I 1111111111101 City Secretary, Carrie L Smith ,.,�.y� • .•••••�.N,yly r, Nate Pike -*:/:Il -11x_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 on this 12th day of March 2019. 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 at Slayter Creek Park for the Easter Egg Hunt. 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. Easter Egg Hunt shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on April 20th, 2019. 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 limits 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 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, for which GACC will be responsible: Parking Restrictions: Page 1 of 5 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 City/Park Property.- Except roperty.Except for designated parking areas and other designated areas approved by the Director of Planning and Development, motor vehicles are prohibited from driving on City/Park property, except on designated paved parking areas and except as otherwise stated in this paragraph. 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 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 on 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 Easter Egg Hunt and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Easter Egg Hunt. Page 2 of 5 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 Easter Egg Hunt (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 undertake, conduct, or complete any of 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 this Agreement and the Special Events 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 Easter Egg Hunt, 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 Agreement and shall not relieve 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. Page 3 of 5 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 St 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 and GACC and supersedes all prior agreements, either written or oral. This written instrument signed by both parties. Section 12. Governing Law and Venue This Agreement shall be governed by interpretation and performance. Any and Agreement shall be brought in a court of Texas or in the United States District Sherman Division. Section 13. Severability integrated Agreement between the City negotiations, representations and/or Agreement may be amended only by the laws of the State of Texas as to all legal action necessary to enforce this competent jurisdiction in Collin County, Court for the Eastern District of Texas, 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 Page 4 of 5 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 this Agreement shall begin as soon theree as practicable. IN WITNESS WHEREOF, City and GACC have exgRufed this/Agreement. By: Y&4 Kevin Hall, GACC Executive Director Greater Anna Chamber of Commerce Page 5 of 5 JimYManaaer Prdce Cit SPECIAL IAL EVWJIPERNUT A PY.,]r[CATMN Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 dirVOf ANNA, rt xns 972-924-2616 p' vi D UJAQ13 l_(1 r' 1 R31 �? LP -UJR u) I:IIn I . o e° �`. ` ` 0 o `' Application Fee $50 non-refundable Deposit $300 refundable Same Information As Above if not the same, complete the next two lines Issue Deposit Refiind To: Address: City: State: Zip Code Date s o77, Reservatiloclr. Type of Activit (explain purpose of activity): Estimated Number of People Attending Activity: I U v V Reservation Location: �� �, ��/ K Will Food and/or Beverages be on-site for the activity? ? O Yes KNo Will Alcohol be served or sold? ❑ Yes No if yes, include request letter If yes, please indicate who the vendors are (food and drinks): /V/%� Please identify all other activities & structures (bounce house, tents, /music, sports, games, etc.): �� �' �•tn��' �oe-t/�f/�Ig%/C LG�J� °y— �0�9 n�M 7L *If City Resources (Personnel, equipnnent and supplies) are used, the cost of Resources will be covered by the event sponsor. =l\IM h(I,1K�"� ._v lf' Lrl�ll_hC9�IR���IL\fl. ® - -- --- -- Type of Event: ❑Carnival ❑Circus ❑Festival ❑Parade ❑Tent 540ther Applicant Name: er nn a Address: 7/,) /v o w .e l J k w city: A I State: T Zip Code: L/ q Phone#: 7 Email: E v -r-A,-# Date: � 6pf 6req f a ems. *Note: Applications must be filed at least 30 days in advance. p' vi D UJAQ13 l_(1 r' 1 R31 �? LP -UJR u) I:IIn I . o e° �`. ` ` 0 o `' Application Fee $50 non-refundable Deposit $300 refundable Same Information As Above if not the same, complete the next two lines Issue Deposit Refiind To: Address: City: State: Zip Code Date s o77, Reservatiloclr. Type of Activit (explain purpose of activity): Estimated Number of People Attending Activity: I U v V Reservation Location: �� �, ��/ K Will Food and/or Beverages be on-site for the activity? ? O Yes KNo Will Alcohol be served or sold? ❑ Yes No if yes, include request letter If yes, please indicate who the vendors are (food and drinks): /V/%� Please identify all other activities & structures (bounce house, tents, /music, sports, games, etc.): �� �' �•tn��' �oe-t/�f/�Ig%/C LG�J� °y— �0�9 n�M 7L *If City Resources (Personnel, equipnnent and supplies) are used, the cost of Resources will be covered by the event sponsor. undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. 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 shall; 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, Applicant Name:�C'•yt.� Signature: k1L. Date:__-- Submittal Requirements: w I. Completed application with signatures and contact Information. 2. Submit application fee ($50) and deposit ($300). (Ord, No. 410-2008, Checks payable to the City c of Anna) 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. E5. 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) u' 6. Letter of request if alcohol is desired. For Office Use Only, Date A lication & Deposit Received $300: Date Application Pee Received $50 : Received By: 40,5 Received By: � �2 Cash or Check vc ( Cash or Check # 19c9 Receipt #: Receipt #: Required Documents Recd: 0 Completed Application 0 Insurance C7 Food Vendor List 0 Sound System 0 Map 0 Alcohol Request (optional) _ CI Other: 0 Other: CJ Approved by: ©Permit issued Date: Assign Cate of Parks Board Review of Application: (put date In blank and notify Applicant.