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Home My WebLink AboutResolution No. 2015-067 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2015-0(07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND USE AGREEMENT WITH CARNIVAL AMERICANA, INC. FOR THE 2015 AMERICAN HEROES EVENT; AUTHORIZING CARNIVAL OPERATING HOURS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony is hosting the American Heroes event to be held at the Five Star Complex on November 7, 2015; and, WHEREAS, The Colony City Council has determined it to be in the best interest of its citizens to enter into a License and Use Agreement with Carnival Americana, Inc. for the purpose of operating a carnival in conjunction with the American Heroes event. 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 hereby authorizes the city manager to execute a License and Use Agreement with Carnival Americana, Inc. attached as Exhibit A for the purpose of operating a carnival at the Five Star Complex. Section 2. That the City Council of the City of the Colony, Texas hereby authorizes the carnival to operate these days and during these hours: 4:00 pm— 10:30 pm on Thursday November 5, 2015 4:00 pm—midnight on Friday,November 6, 2015 12:00 pm—midnight on Saturday, November 7, 2015 1:00 pm— 10:30 pm on Sunday,November 8, 2015 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 1st day of September, 2015. J �G J.- McCo , Mayor ity of The Colony, Tex... AT r S ► _bi ',fill///1/!f,„Ilf�'! Ilk .4.424. /)..1 of Christie Wilson, TRMC, City Secretary Cr:° * N' 'Pb ! ASTOFI , 11 ' SO f Moore, ity Attorney TE X P) THE STATE OF TEXAS § § LICENSE AND USE AGREEMENT COUNTY OF DENTON § THIS LICENSE and USE AGREEMENT(hereinafter referred to as "AGREEMENT") is made and entered into on this the 1 day of`" "" ,,! safely set up and so that the SHOW attractions may exhibit safely without discomfort to themselves or to the public. B. CITY agrees not to book or contract any attraction similar to the one operated by SHOW. Also, that any attraction shall not appear in said CITY six (6) weeks preceding, or six (6) weeks following the above mentioned period. C. CITY agrees to furnish trash dumpsters with full service or the equivalent of the same. D. CITY agrees to furnish a suitable location for all trailers and support equipment used by associates and employees of the SHOW. E. CITY agrees to furnish six (6)portable restrooms. 4.2 SHOW'S Obligations and Responsibilities. A. SHOW agrees to present a combination of vendors for conducting rides, sideshows and concessions that may be available to SHOW, in the CITY COMPLEX for the period commencing November 5, 2015 through November 8, 2015. B. SHOW shall have and hold the exclusive on rides and shows during the life of this contract in the area of the COMPLEX designated by the CITY. C. SHOW shall furnish, without expense to the CITY, all shows, riding devices and concession stands, postering paper, tickets, press notices, cuts, also promoter or press agent, if required. D. SHOW shall furnish and pay for all licenses, permits and taxes that may be required by law to operate the rides, shows, concessions, bill postering and water. E. SHOW agrees to abide by all requirements set forth in The Colony Code of Ordinances, Part II, Chapter 4, Amusements, Article III, Temporary Circuses and Carnivals. F. SHOW shall be authorized to operate during the hours of 4pm — 10:30pm on Thursday, November 5; 4pm—midnight on Friday, November 6; noon—midnight on Saturday, November 7; and 1pm— 10:30pm on Sunday, November 8, 2015. 5. In the case of death or sickness of any performer, the SHOW is to have reasonable time in which to replace such performer or to substitute another act in its place. SHOW shall not in any way be liable for any damages or expenses caused by the failure or delay in the presenting of one of its units as hereinafter provided if caused by war, wrecks, strikes, governmental regulations, labor difficulties, transportation difficulties, excessive railroad rates, or adverse weather conditions, or any other accidents or circumstances which the SHOW has no control over. LICENSE AND USE AGREEMENT—PAGE 2 6. Termination. Either party may terminate this AGREEMENT after a twenty-one (21) day written notice has been provided to each party to the agreement. 7. Notice. When notice is permitted or required by this AGREEMENT, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth below. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. TO THE CITY: WITH A COPY TO: Troy Powell, City Manager Jeff Moore, City Attorney City of The Colony Brown and Hofmeister, L.L.P. 6800 Main Street 740 East Campbell Road, Suite 800 The Colony, Texas 75056 Richardson, Texas 75081 TO SHOW: WITH A COPY TO: Alan Cockerham Robert Kelsoe Carnival Americana, Inc. 5220 Spring Valley Road P.O. Box 1000 Suite 500 Fort Worth, Texas 76101 Dallas, TX 75254 8. Insurance. SHOW shall furnish a Certificate of Insurance showing CITY as additional insured and/or the owner or lessee of any premises used by the named insured but only in respect to accidents arising out of the business operations of the named insured at the carnival site. 9. Hold Harmless. SHOW shall indemnify and hold harmless the CITY, its officials, officers, employees, and agents from and against any claims, demands, damages, liability, expenses (including attorney's fees), fines, penalties, suits, proceedings, actions, and causes of action of any and every kind and nature arising or growing out of, or in any way connected with SHOW, SHOW'S officers, employees, participants, agents, invitees, or guests use of the subject COMPLEX, except for claims, demands, damages, expenses (including attorney's fees), fines, suits, proceedings, actions and causes of action arising from the negligent or willful act or omission of the CITY or its contractors, agents, or employees. 10. Governing law. This LICENSE is governed by the laws of the State of Texas, and venue for any action shall be in Denton County, Texas. 11. Binding effect. This LICENSE shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 12. Entire Agreement. This LICENSE embodies the entire agreement between the parties and supersedes all prior agreements, licenses, understandings, if any, relating to the LICENSE AND USE AGREEMENT—PAGE 3 property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 13. Legal construction. The provisions of this LICENSE are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquires any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this LICENSE with respect to the right, title or interest in such property. EXECUTED this / day of.5212./e"43-t--r , 2015. CITY OF THE COLONY,TEXAS : BY T t ro " ELL, CITY MANAGER A F1 EST: I • c I By 411A 1....e CHRISTIE WILSON, CITY SECRETARY EXECUTED this 844" day of ndrob.e.,,- , 2015. CARNIVAL AMERICANA an Oregon corporation By: Nam : AL lel COCKERHAM Title: PRESIDENT LICENSE AND USE AGREEMENT—PAGE 4 LICENSEE'S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on thediv day of Oc-}-49-el , 2015, by Alan Cockerham, President of Carnival Americana, Inc., an Oregon corporation, on behalf of said corporation. (...,.._ N ary blic, State of Texas C:3C/C My Commission expires: c)011/41 i.li 20(6 ... ottiiiiiiii 'ell'•••%%%%% Put;//::•,:0, S .4. ,Q...•+0 A 00. os• el. tb • ell re.CO I tillW- % .. • .4111P' 7.: * i\ .•1 4 r i'vl I. 1. of 4t, .i di; .... % oi l• 0• 4. . '.k. %...Exe!til.••• r_ A* ' •;#, th.. .4. • _okiks7„, 11, 'ilii41.1Y 13, rPt0 , LICENSE AND USE AGREEMENT—PAGE 5 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the 1tday of , 2015, by Troy Powell, City Manager of the City of The Colony, Texas, a Texas municipality, on behalf of said municipality. ( AA:a tary Public, State of Texas My Commission Expires: 127' - - EU WILSON " My Commission Expires d)q"1e November 22,2017 LICENSE AND USE AGREEMENT—PAGE 6