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FIREWORKS
RESOLUTION NO. R90-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A LEASE AGREEMENT WITH THE PLAINVIEW
CHAMBER OF COM~R. RCE IN REGARDTORUNNING WATER
DRAW REGIONALPARKAND SUNFEST.
WHEREAS, the Plainview Chamber of Commerce desires to conduct
certain activities, including a fireworks display, in association
with the celebration of our country's Independence Day; and
WHEREAS, the Plainview Chamber of Commerce is in need of an
area to conduct such activities; and
WHEREAS, the City Council of the City of Plainview
recognizes the importance and public necessity for the
observance of Independence Day and desires to participate in such
celebration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Plainview, Texas that the Mayor is hereby authorized to
execute an Agreement authorizing a portion of Running Water Draw
Regional Park to be utilized by the Plainview Chamber of Commerce
on July 4th, 1990 in order to celebrate our Nation's
Independence.
Passed and approved on this
26th~ay of June ., 1990.
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO FORM:
D. Blackburn, City Attorney
STATE OF TEXAS
COUNTY OF HALE
LEASE AGREEMENT
WHEREAS, the Plainview Chamber of Commerce desires to conduct
certain activities (Sunfest), including a fireworks display, in
association with the celebration of our country's Independence
Day, commonly celebrated on the 4th of July; and
W~R. REAS, the Plainview Chamber of Commerce is in need of an
area to conduct such activities; and
WJ4R. REA$, the City Council of the City of Plainview also
recognizes the importance and public necessity for the observance
of Independence Day; and
WHEREAS, the City of Plainview is willing to allow the use
of certain public park property, under the terms and conditions of
this Agreement, for use by the Plainview Chamber of Commerce in
relation to Sunfest activities and recognizes the public benefit
of such.
WITNESSETH:
I. Parties. This Agreement is made this ~ day of ~~ ,
1990, between the City of Plainview ("City"), a Texas municipal
corporation located at 901 Broadway, Plainview, Texas, and the
Plainview Chamber of Commerce ("Commerce"), a non-profit
organization, located at 710 W. 5th Street, Plainview, Texas.
II. Purposes. Chamber represents that the property will be used
for a Chamber-coordinated and sponsored public festival
celebrating America's Independence Day ("Sunfest"). Sunfest will
also include a public fireworks display.
III. Property. City hereby leases the following portion of the
Running Water Draw Regional Park to Chamber for the purpose as
stated:
that portion of the Park west of South
Ennis Street, north of Kirchwood Drive,
east of Interstate Highway 27, and
south of Grandview Drive
IV. Term. This lease shall be for a term of one day, beginning
at 12:01 a.m. July 4, 1990, and ending at 12:01 a.m., July 5,
1990.
V. Consideration. City agrees to allow the usage of City
property, as described above, in return for Chamber sponsoring and
accepting all costs associated with the Sunfest activities and
Chamber use of the property during the term of the Agreement.
VI. Insurance. Chamber agrees to furnish to City proof of
liability insurance naming the City of Plainview as a co-insured,
covering public liability for personal injury/bodily harm in an
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amount not less than $500,000 per occurrence and property damage
per occurrence in &n amount not less than $300,000~per occurrence.
This section shall apply only to the Chamber's use of the property
as it relates to the production of a fireworks display.
VII. Indemnity. Chamber shall conduct its activities during the
term of this Agreement so as not to endanger the safety of any
person or property. Chamber shall indemnify, save and hold
harmless City, its officers, agents, and employees from any and
all claims for losses, injuries, damages and liabilities to
persons or property occasioned wholly or in part by the acts or
omissions of Chamber, its agents, officers, employees, guests,
patrons or any person or persons using the property while such
property is under the control of Chamber. Chamber assumes full
responsibility for the acts and conduct of all persons on said
property during the term of this Agreement.
VIII. Return of Property. Chamber shall surrender the property
at the expiration of this Agreement in as good a state and
condition as it were at the commencement of this Agreement.
Chamber expressly agrees to be responsible for maintenance and
clean-up of the property as it relates to any debris and/or shells
resulting from the fireworks display. Any costs associated with
additional maintenance or clean-up, as determined by City in order
to restore the property to its pre-Agreement state shall be paid
by Chamber.
IX. Compliance with Laws. Chamber agrees to observe and comply
with all applicable federal, state and local laws.
X. City Option to Terminate. It is agreed that City may
terminate this Agreement at any time at it's option for any reason
deemed necessary by City.
Executed in duplicate originals.
City o~f P~ainview
E.V. Ridlehuber
Mayor
Attest:
Carla Reese,. City Secretary
Approved as to Form:
Plainview Chamber of Commerce
By:/\ ' -
D. Blackburn, City Attorney
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