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HomeMy WebLinkAboutR89-154RESOLDTION NO. R89-154 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 COMMERCE IN REGARD TO RUNNING WATER DRAW REGIONAL PARK AND 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; and 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, 1989 in order to celebrate our Nation's Independence. Passed and approved on this 13thdav~of,~un9 , 1989. ~.V. Ridlehuber, Mayor ~.~ ~2EST: ~__ C~rla Ree City Secretary APPROVED AS TO FORM: D. Blackburn, City Attorney STATE OF TEXAS COUNTY OF HALE LEASE AGREEMENT W~F. REAS, 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 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 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 , 1989, 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 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, 1989, and ending at 12:01 a.m., July 5, 1989. 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 1 of 2 141 amount not less than $500,000 per occurrence and property damage per occurrence in an 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_of P la~'~vi~w By: E.V. Ridlehuber Mayor Carla Reese, City Secretary Plainview Chamber of Commerce By: Approved as to Form: D. Blackburn, City Attorney 2 of 2 STATE OF TEXAS COUNTY OF HALE LEASE AGREE~RNT 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 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 also recognizes the importance and public necessity for the observance of Independence Day; and WR~.REAS, 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. -- WI~ESSETH: I. Parties. This Agreement is made this day of , 1989, 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 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, 1989, and ending at 12:01 a.m., July 5, 1989. 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 1 of 2 amount not less than $500,000 per occurrence and property damage per occurrence in an 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. Cit 1 ' ' By: E.V. Ridlehuber Mayor '~ A/~est: i i~"~: Carla Reese, City Secretary Plainview Chamber of Commerce By: Approved as to Form: D. B~-'~kburn, ~it7 Attorney 2 of 2