HomeMy WebLinkAboutResolution No. 06-057
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 06- 05'7
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH TALLEY AMUSEMENTS FOR THE
PURPOSE OF OPERATING A TEMPORARY CARNIVAL
AUGUST 7-14, 2006; AUTHORIZING THE OPERATION OF THE
CARNIVAL ON CITY PROPERTY; ATTACHING THE
APPROVED FORM OF CONTRACT AS EXHIBIT A; AND
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 hereby
approves the TALLEY AMUSEMENT LICENSE AND USE AGREEMENT for the
purpose of operating a temporary carnival within the city from August 7-14, 2006.
Section 2. That the City Council of the City of The Colony, Texas hereby
approves the operation of the temporary carnival on said dates to be located on city
property to wit: Five Star Complex.
Section 3. That a true and correct copy of the Agreement is attached hereto
and incorporated herein, as exhibit A.
Section 4. That the city manager is authorized to execute the Agreement on
behalf of the city.
Section 5. 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 5th day of June, 2006.
ATTEST:
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ristie Wilson, TRMC, City Secretary
Dillard, Mayor
of The Colony, Texas
THE STATE OF TEXAS
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LICENSE AND USE AGREEMENT
COUNTY OF DENTON
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" THIS LICENSE and USE AGREEMENT is made and entered into on this ;;) day of
11\ t{L"'V~ .(~__ , 2006, by and between the CITY OF THE COLONY, TEXAS (hereinafter referred
/' to as "CITY"), acting by and through its City Manager, and TALLEY AMUSEMENTS, INC., a
\.. "c" 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
and,
WHEREAS, the CITY desires to have a carnival temporarily located at the COMPLEX;
WHEREAS, SHOW desires to be the exclusive vendor for conducting rides, shows, and
concessions 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, sideshows
and concessions 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. Purpose. 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 August 7 - 14, 2006, during the times mutually agreed to by the parties.
2. Term. The term of this AGREEMENT shall be from August 7, 2006 through
August 14, 200~.
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 dollars
($1,000.00), whichever is greater. SHOW will provide a detailed financial report and payment to
the CITY within ten (10) days ofthe conclusion ofthe event.
4.1 CITY'S Oblhmtions 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
LICENSE AND USE AGREEMENT - PAGE 1
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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.
same.
C. CITY agrees to furnish trash dumpsters with full service or the equivalent of the
D. CITY agrees to furnish a suitable location for all trailers and support equipment
used by associates and employees of the SHOW.
4.2 SHOW'S Oblhmtions 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 August 7,2006 through August 14,2006.
B. SHOW shall have and hold the exclusive on rides, shows and concessions 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 furnish portable restrooms.
F. 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.
5. Ip 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.
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.
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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:
Dale Cheatham, City Manger
City of The Colony
6800 Main Street
The Colony, Texas 75056
Robert E. Hager, City Attorney
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
TO SHOW:
WITH A COpy TO:
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 of The
Colony, 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. Governinl! 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. Bindinl! 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 Al!reement. This LICENSE embodies the entire agreement between the
parties and supersedes all prior agreements, licenses, understandings, if any, relating to the
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.
LICENSE AND USE AGREEMENT- PAGE 3
66418
13. Lee:al 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.
C \'\
EXECUTED this ~ day of ,4~t..1.,..",--~. , 2006.
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~. CITY OF THE COLONY, TEXAS
By:
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DALE CHEATHAM, CITY MANAGER
ATTEST:
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By: '-~ ,It/C~d---t....JL !lr! v~../'-t'ii"~")~'
CHRISTIE WILSON, CITY SECRETARY
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day of '1 f ,(/.-...<-' , 2006.
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v TALLEY AMUSEMENTS, INC.,
a corporation
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By: ~, L.o:.. ~<)":J' . L_ J
Name: \\\lt~ '1'5i (:~ \ \c _.j b
Title: "':' ~)'
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EXECUTED this I
LICENSE AND USE AGREEMENT - PAGE 4
66418
LICENSEE'S ACKNOWLEDGMENT
STATE OF TEXAS
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COUNTY OF DENTON
This instrument was acknowledged before me on the '7 day OfJ ~. , 2006,
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by( 1-' (.,~, </ I l-U =jJ:J_I, (;"-"'" f iJ ~. of Talley Amusements, Inc., a "C"
corporatiok; on behalf of said corporation.
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I ~<("$.,~II~~';;"" CHRISTIE NEU WILSON I
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Si\-W"""'\;V1MY Commission Expires 11-22-09 i
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Notary Public, State of Texas
My Commission expires:
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LICENSE AND USE AGREEMENT - PAGE 5
66418
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS ~
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COUNTY OF DENTON ~
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This instrument was acknowledged before me on the ~ day of. 9"L/{-;~
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2006, by Dale Cheatham, City Manager of the City of The Colony, Texas, a Texas municipality, on
behalf of said municipality.
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66418