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Home My WebLink AboutResolution No. 2015-053 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2015- O s3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY, TEXAS AND TEXAS OUTDOOR CAMPING FOR THE PURPOSE OF AUTHORIZING ACTIVITIES ASSOCIATED WITH A BB GUN RANGE AT THE LIBERTY BY THE LAKE FESTIVAL; THAT THE DATE SHALL BE JULY 4, 2015; THAT THE LOCATION IS THE COLONY FIVE STAR PARK; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the License Agreement by and between the City of The Colony and Texas Outdoor Camping for the purpose of allowing a BB Gun Range on Saturday July 4, 2015 from 4 p.m. to 8 p.m. at The Colony Five Star Park. Section 2. That this License Agreement, attached hereto as Exhibit "A", is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Agreement on behalf of the City with the terms and conditions as stated therein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 16th day of June, 2015. •e Mc o y, Mayor City of The Colony, Tex.: ATT ST Lati„ Christie Wilson, TRMC, City Secretary ,,,, • APPROVED AS TO FORM _``(!I.. .••• --� _ X. SEM (Pt -ff Moore, .ty Attorney �' License Agreement This License Agreement ("Agreement") is made and entered into by and between the City of The Colony, Texas, a municipal corporation (the "City"), and Texas Outdoor Camping, by and through its managing member Dennis Hamilton ("Licensee"). RECITALS: WHEREAS, Licensee wants to use a portion of the The Colony Five Star Complex (the "Park," which is more specifically defined herein) located in the City for activities associated with a BB gun range (the "Event") at the Liberty By The Lake festival; WHEREAS, the City desires to allow Licensee to use the Park for the Event under the terms and conditions described herein; and NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I Conditions of Use of Park 1.1 The City hereby grants Licensee a license to prepare and use a portion of the Park, more specifically described in Exhibit "A," for activities in connection with the BB gun range Event at the Liberty By The Lake festival for a period commencing on Saturday, July 4, 2015 at 4:00 p.m. and continuing until Saturday, July 4, 2015 at 8:00 p.m. 1.2 At the conclusion of the Event, Licensee shall clean the Event area, removing all debris, including any temporary structures erected for the Event, and restoreN the Park to substantially the same condition of the Park prior to the Event and as reasonably satisfactory to the City. 1.3 In connection with the Event, the City agrees to apply and pay for a special events permit with the City in connection with the Event. 1.4 Licensee is not required to pay for usage of the park as this event is in conjunction with the Liberty by the Lake festival. 1.5 INDEMNIFICATION: LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, COSTS (INCLUDING COURT COSTS, ATTORNEY'S FEES, AND ANY INVESTIGATORY EXPENSES) OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION FOR INJURY OR DEATH TO ANY PERSON OR INJURY TO ANY PROPERTY, ARISING FROM OR RELATED TO EVENT ACTIVITIES, THE 25754 2015 Texas Outdoor Camping License Agreement Page 1 of 6 CONDITION OF THE PARK, OR ANY ACT OR OMISSION OF LICENSEE, REGARDLESS OF ANY SOLE OR CONCURRENT NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, OR AGENTS. IF ANY ACTION OR PROCEEDING IS BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE LICENSEE ON NOTICE FROM THE CITY AGREES TO DEFEND SUCH ACTION OR PROCEEDING AT LICENSEE'S EXPENSE BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE CITY. ADDITIONALLY, EXCEPT FOR THE PURPOSE OF ADJUDICATING A CLAIM FOR BREACH OF THIS AGREEMENT, THE CITY DOES NOT WAIVE ITS SOVEREIGN IMMUNITY TO LICENSEE OR ANY THIRD PARTY. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 1.6 Insurance: Licensee shall procure and maintain the following insurance coverage: (a) A comprehensive general liability insurance policy providing coverage for any liability related to the Event in an aggregate amount of at least $1,000,000. The policy must name the City as an additional insured, and provide a waiver of subrogation against the City for injuries, including death, property damage, or any other losses covered by the policy; (b) A policy of automobile liability insurance covering any vehicles owned and operated by Licensee, its officers, agents, and employees that complies with the minimum coverage requirements of the State of Texas; and (c) Statutory Worker's Compensation Insurance covering all licensee's employees, or an executed release of liability in favor of the City from each of licensee's employees, independent contractors and staff (if any) which is attached hereto as Exhibit"B,"provided to the City within 3 days of the Event. The City must receive at least seven (7) days prior to the Event a certificate of liability insurance for each of the required coverages, as well as a copy of the comprehensive general liability insurance policy containing all of the required endorsements. All insurance companies providing the required insurance commercial general liability insurance coverage must have authorization to transact business in Texas, and have a rating of at least "A"by AM Best or other equivalent rating service. ARTICLE II Event Requirements 2.1 Licensee shall provide an inflatable BB gun range activity that will be offered free of charge to interested participants for a minimum of four hours on Saturday, July 4, 2015. 25754 2015 Texas Outdoor Camping License Agreement Page 2 of 6 2.2 Licensee shall conduct a pre-event inspection of the Event area. Licensee further agrees to provide all necessary equipment for the Event, except that the City agrees to provide in connection with the Event electrical power for operation of the inflatable range. 2.3 Licensee shall provide a minimum of two (2) qualified officials to run the BB gun range activity. These officials are responsible for the following: (a) On-site set-up for the Event, and clean-up at the completion of the Event; (b) Managing and overseeing all participants; (f) Ensuring proper safety procedures are follow by participants at all times. ARTICLE III Miscellaneous Provisions 4.1 Notices: Any notice required or permitted to be delivered hereunder shall be deemed received when given in writing and delivered personally or when sent via United States mail, postage prepaid, certified mail return receipt requested, addressed to the party at the address set forth below: Texas Outdoor Camping Attn: Dennis Hamilton 5001 Strickland Avenue The Colony, TX 75056 The City of The Colony Attention: Pam Nelson, Community Services Director 6800 Main Street The Colony, Texas 75056-1133 4.2 Entire Agreement: This Agreement is the entire agreement between the parties with respect to the subject matter covered by this Agreement. Any prior negotiations, correspondence, memoranda, or agreements are superceded by this Agreement. This Agreement may only be amended by a writing signed by both the Licensee and City. 4.3 Authority: Both Licensee and the City represent that they have full capacity and authority to grant all rights and assume all obligations as provided under the terms of this Agreement. 4.4 Independent Contractor: It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Licensee is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Licensee in connection with this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. 25754 2015 Texas Outdoor Camping License Agreement Page 3 of 6 4.5 Recitals: The recitals to this Agreement are incorporated herein. 4.6 Governing Law and Venue: This Agreement is governed by the laws of the State of Texas, and venue for any action shall be in Denton County, Texas. 4.7 Legal Construction: In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision in the Agreement. EXECUTED on this) day of �� ✓ ,2015. Texas Outdo' V am.• g dellOrnis .mi'o ; Managing Member EXECUTED on this I day of 3i i - , 2015. THE CITY OF THE COLONY,TEXAS By• Title: C,; 25754 2015 Texas Outdoor Camping License Agreement Page 4 of 6 Exhibit "A" Description of Property (see site plan) 25754 2015 Texas Outdoor Camping License Agreement Page 5 of 6