Loading...
HomeMy WebLinkAboutResolution No. 2016-081CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016- 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 2016 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 5, 2016; 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 3, 2016 4:00 pm - midnight on Friday, November 4, 2016 12:00 pm - midnight on Saturday, November 5, 2016 1:00 pm - 10:30 pm on Sunday, November 6, 2016 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 November, 2016. _ G 00, e McCo rry, Mayor City of The Colony, Te s ATT S W Y+ � y OF THS c Tina Stewart, TRMC, City Secretary •0 APPROVED AS TO FORM: + i s ; Jeff M5,ity Attorney TEX 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 S1- day of NoJtW*W, 2016, by and between the CITY OF THE COLONY, TEXAS (hereinafter referred to as the "CITY"), acting by and through its City Manager, and CARNIVAL AMERICANA, an Oregon corporation (hereinafter referred to as "SHOW"), acting by and through its duly authorized representative. WITNESSETH: WHEREAS, the CITY owns a recreational site commonly referred to as The Colony Five Star Complex ("COMPLEX"); and WHEREAS, the CITY desires to have a carnival temporarily located at the COMPLEX; and, WHEREAS, SHOW desires to be the exclusive vendor for conducting rides and shows at the COMPLEX; and WHEREAS, the CITY and SHOW agree to enter into this License and Use Agreement for the purposes of allowing the SHOW to be the exclusive vendor to present rides and sideshows at the COMPLEX under the terms and conditions set forth herein. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: 1. PUMse. CITY hereby grants SHOW a license, pursuant to the terms of this AGREEMENT, for the purpose of utilizing a site designated by the CITY at the COMPLEX from November 3 - 6, 2016, during the times mutually agreed to by the parties. 2. Term. The term of this AGREEMENT shall be from November 3, 2016 through November 6, 2016. 3. Fee. For and in consideration of the above mentioned, the SHOW agrees to pay CITY fifteen percent (15%) of gross ride tickets sold with a guarantee of one thousand five hundred dollars ($1,500.00), whichever is greater. SHOW will provide a detailed financial report and payment to the CITY within ten (10) days of the conclusion of the event. 4.1 CITY'S Oblizations and Responsibilities. A. CITY will obtain, furnish and designate a suitable location for the operation of such unit, which location is known as fairgrounds, same to be cleared of brush, refuse and other objectionable matter and to be in such good condition that the attraction equipment may be I rrPwj-z : Awn T Tcr At-PPrkxrKTT - PAr.V 1 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 3, 2016 through November 6, 2016. 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 3; 4pm - midnight on Friday, November 4; noon - midnight on Saturday, November 5; and Ipm - 10:30pm on Sunday, November 6, 2016. 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. I [I—PXTcr AT.Tn i NP AnDPRT/fF/.TT - PAt'V 7 k 6. Termination. Either party may terminate this AGREEMENT after a twenty-one (2 1) day written notice has been provided to each parry 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 THF CITY: "Troy Powell, City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 TO SHOW: Alan Cockerham Carnival Americana, Inc. P.O. Box 1000 Fort Worth, Texas 76101 WITH A COPY TO: Jeff Moore, City Attorney Brown and Ilofineister, L.L.P. 740 East Campbell Road, Suite 800 Richardson, Texas 75081 WITH A COPY TO: Robert Kelsoe 5220 Spring Valley Road Suite 500 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 T TrTJATQV a >\TTI T T4z 4 r_u t: P?,4T. kTT _ P e r.0 '2 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. fi EXECUTED this day of NUVf-M bC r , 2016. CITY OF THE By: ATTEST j Tim By: OL TINA STEWART, CITY SECRETARY Miller, Assistant City Manager EXECUTED this _9-0 �4- day of _De- //0 e,< , 2016. CARNIVAL AMERICANA an Oregon corporation By: Name: ALAN COCKERHAM Title: PRESIDENT T T1"PATCR AxTn T I -z7 AnPPPAAvxTr A fZP d [m LICENSEE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the 20_ day of dcb�� , 2016, by Alan Cockerham, President of Carnival Americana, Inc., an Oregon corporation, on behalf of said corporation. MOM- MYSP PECK * NOTARY MUC STATE OF TEXAS N4.ary Public, State of Texas MY (AMM. EXP. 6018 '141-W9 OF NOTARY 1012963843-4 My Commission expires: 6 t ZIzokg T Td-VI.TCT: AXTTi T T4zp AnT?vrm—arrr _PAI- PS %;' • - E CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the I day of t4p de m b -e r , 2016, byTim Miller, Assist. City ManageCity of The Colony, Texas, a Texas municipality, on behalf of said municipality. IN ANNE =Sta y Pub• Commanuar My Commission Expires: �Aa+'7`�L� T wPxT4z A NTT -i TTqzp ORT?PPx4TxTT_PAnFl.