Loading...
HomeMy WebLinkAbout92- Sweet Pea , ","-- . ~ tAA" i)' ',' :',. .~ .~ t : );:7 :,' (:~ THE CITY OF BOZEMAN /:..... ... .~ :?'t,; - fC,) v. , 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586.3321 1;. ....-, , ..' * BOZEMAN. MONTANA 59715.0640 C> -_'0, .::S ". .,,~<~-;,~. '~~~ll;' co. .~ LICENSE AGREEMENT FOR THE USE OF LINDLEY PARK BY THE SWEET PEA ASSOCIATION THIS LICENSE AGREEMENT is an agreement made between the City of Bozeman, hereinafter referred to as the "City" and the Sweet Pea Association hereinafter referred to as the "Sweet Pea Association." WHEREAS, the City is the owner of Lindley Park located at East Main & Cypress; WHEREAS, the Sweet Pea Association provides a festival of arts for the community of Bozeman; and WHEREAS, the City recognizes the benefits to the City and to the citizeps of Bozeman of the activities provided by the Sweet Pea Association. IN CONSIDERATION OF Sweet Pea Association's promises herein, the City hereby gives permission, revocable and terminable as hereinafter provided, to Sweet Pea Association to use Lindley , Park during the period commencing at 12:00 Noon on August 6, 1992 until 10:00 p.m. on August 9, 1992, on the terms and conditions set forth below which the Sweet Pea Association promises to comply and abide with: 1. This permission is given to Sweet Pea Association as an accommodation to the Sweet Pea Association and the rent shall be $150.00. The Sweet Pea Association acknowledges the title of the City to the above-described property and agrees never to deny such title or claim at any time any interest or estate of any kind or extent whatsoever in the property by virtue of this agreement or its occupancy or use hereunder. 2. Sweet Pea Association shall exercise its privilege at its own risk and agrees to indemnify and hold harmless the City from any and all liability, loss, or damage the City may suffer as a result of claims, demands, costs or judgments against it, arising out of, or any way connected with, t.he occupation or use of the property by the Sweet Pea Association or its members, employees, guests, invites. . , . 3 . The Sweet Pea Association shall be responsible for the following: a. Charging a button admission fee of $3 per person for entry into the park during the festival. b. Providing 1 to 4 private unarmed security persons (Rocky Mountain Security) to patrol the park at all times, including night time, during the festival. c. Providing and maintain chemical toilets, to be located in the pavilion drive area and on the west side of Buttonwood on the cul-de-sac by the cemetery entrance. d. Providing garbage services and park clean up during t.he lease period. e. Staffing a headquarters area to handle emergencies such as lost children, medical assistance, and communication to key areas/personnel in the park as well as outside the park. f. Arranging for food/non-alcoholic beverage sales, provided by community non-profit organizations, each providing their own proof of liability insurance to Sweet Pea Association. g. Contracting with M.S.U. for the set up and take down of a covered stage and necessary related equipment in "The Bowl" area. h. Meeting in person with the city parks superintendent as many times as necessary prior to the festival to determine park needs that will be provided by the city. /.,},. Sweet Pea Association's privileges hereunder shall not be assignable by the Sweet Pea Association in whole or in part. 5. The Sweet Pea Agsociation shall maintain liability insurance insuring the City and Sweet Pea Association against loss and liability for damages for personal injury, death, or property damage arising out of or in connection with the use of Lindley Park by the Sweet Pea Association. In addition, the policy or policies shall contain a provision that no cancellation thereof shall be effective by the lnsurer without thirty ( 30 ) days written notice to the City and Sweet Pea Association. 6 . The Sweet Pea Association shall at all times exercise due diligence in the protection of the City of Bozeman's property against damages. 8 . That the use and occupation of this property and facility shall be subject to such rules and regulations as may be prescribed by the City of Bozeman through the Park Ordinance and the Recreation and Parks Advisory Board and that such rules and regulations may be modified at will and shall become part of this agreement upon notice to the Sweet Pea Association. j . , . ..., 9 . Any amendment or modification to this agreement or any provision herein shall be made in writing and executed in the same manner as the original document and shall after execution become part of this agreement. ..--) ./..... ~~ESS WHEREOF, I have hereunto set my hand this c.:;;;) (./ day of ' ,1992. F BOZEMAN ...1 ohn McNeil Its Park Superintendent SWEr~N ET PEA ASSOCIATION , (, :6L,:L~f!..,U ~ Gilbert J yce Bissell Its President Its Executive Director P.O. Box 717 P.O. Box 717 . Bozeman, MT 59715 Bozeman, MT 59715 . . ~.' :- - APPENDIX A Sweet Pea's physical arrangement division head will meet in person with the city parks superintendent as many times as necessary prior to the festival to determine park needs that will be provided by the city: The City of Bozeman Park Department will assist Sweet Pea Association with: a. Use of sawhorses. b. Park water supply needs and use. c. locking of permanent restrooms. d. Bicycle racks. e. Use of main cemetery road, gate between park and cemetery and east entrance. f. Use of cemetery building parking area. g. Electrical needs and use. h. Picnic tables/benches. i. approval for additions to the park . MA Y 0 l 1992 ~OZEMAN REf;REATION DEPARTMENT 1211 W. MAIN ST. P.O. BOX 640 PHONE (406) 587-4724 BOZEMAN, MONTANA 59715-0640 /------------ --'~--_.- .---~~~-------~ May 6, 1992 G XXv.hr/l'A I'lu,-J!' Ji 3 (,,~ Dear Joyce, ',fL' IIIC;-O ~~.g Jtl.tt(l( V! S'/!! /1 )_/ -" "'___"_'_'__'_'___ ..1__.._....__,_,.._,._.._,___,~,--- Thank You for bringing by the contract and the check for the park rent. Enclosed is your receipt . You do such a great job with Sweet Pea it is refreshing to see such quality work, Sincerely, . .' HOME OF THE BOZEMAN SWIM CENTER BOZEMAN RECREATION DEPARTMENT 1211 W. MAIN ST. P.O. BOX 640 PHONE (406) 587-4724 DEe 0 6 1991 BOZEMAN. MONTANA 59715-0640 December 2, 1991 Sweet Pea Association Joyce Bissell P.O. Box 717 Bozeman, MT 59715 RE: 1992 User Agreement Dear Sirs: The Bozeman Recreation Department and Park Department- will be jointly working with you on your 1992 agreement for use of Lindley Park and Lindley Park Cent.er. Enclosed is last year's agreement for use of City land by your organization. Please call Sue Harkin at the Recreation Department office at 587-4724, and set up a time when you can meet. wi t.h LTohn McNeil and Sue to draft your 1992 User Agreement. ; If you are not the individual in your group that is responsible for the fields/park, please pass this letter on to the proper person. Please call the Recreation Department and give Lori or Sue the new contact person and phone number. Thank you for the excellent program you offer the Bozeman community. It is active individuals like yourself t.hat add too the quality of life in Bozeman. Thank you for all your time and work! Sincerely, ~~~ Sue Harkin Recreation Superintendent Enclosure SH:ll -- ~ - sweet pea P.O. Box 717, Bozeman, Montana 59715 January 15. 1992 Ms. Sue Harkin. Recreation Superintendent City of Bozeman P.O. Box 604 Bozeman, MT 59715 Dear Sue: Sweet Pea, A Festival of the Arts, respectfullY requests permission to lease Lindley Park for it's 1992 Fest i va 1. The following information is provided in this regard. Agreement for Lease: Lindley Part Start Date: 12 Noon, Thursday, August 6, 1992 End Date: 10 P.M., Sunday, August 9. 1992 Offerings: Art, music, dance, theatre, children's activities, food concessions Est imated Att endance: 20,000 Fee: To be set bY City Manager . Sweet Pea does Mi request a waiver to the Open Container Ordinance Responsibilities of Sweet Pea: I. Charge a . button admission fee of $3 per person 13 years old and under free) for entry into the part at any time during the actual festival, not counting set UP and tate down time. 2. ulli: Provide I to 4 private unarmed persons (Rocky Mountain Security) to patrol the part at all times, including night lime, during the festival. These persons will also provide security in IDOney handling in the part. Will contract with the city police department for extra paid security and trJffic control services. 3. Will contract with a private company to provide and maintain chemical tollets, \0 be located in the pavilion drive area and on the ~est side of Button~ood on the cul-de- sac by the cemetery entrance. 4. Will contract with a private company and individuals to provide garbage services and part clean UP during the lease period. ~ 5, Provide a headquarters area to handle emergencies such as lost children, medical assistance, and communication to key areas/personnel in the par~ as well as outside the park. The mission of Sweet Pea, A Festival of the Arts, is to promote and cultivate the Arts . . Ms, Sue Harkin, Recreation Superintendent January 15, 1992 Page 2 6, Arrange for food/non-alcoholic beverage sales, provided bY community non profit organizations, each providing their o~n proof of liability insurance to Sweet Pea, 7. Will contract with MSU for the set UP and ta~e down of a covered stage and necessary related equipment in 'The Bowl' area, 8. Will meet in person with the city par~s superintendent as many times as necessary prior to the festival to determine part needs that will be provided bY the city: a, Use of sawhorses b. Park water supply needs and use c. Use of permanent rest rooms d, Bicycle racts e, Use of main cemetery road, gate between part and cemetery and east entrance f, Use of cemetery building parting area g, Electrical needs and use h. Picnic tables/benches i. Need for additional wood chips j. Street lighting . t, Miscellaneous needs 9. Provide proof of liability insurance coverage prior to the festival, 10, Provide ~lp with restoration should there be extensive damage to park grounds or facilities caused by festival usage. Thant yOU for your prompt consideration and processing of this request. Sincerely, Joyce M. Bissell Executive Director . . BOZEMAN R'ECREATION DEPARTMENT MAR 3 0 1992 1211 W. MAIN ST. P.O. BOX 640 PHONE (406) 587~4724 BOZEMAN, MONTANA 59715-0640 March 27, 1992 Dear Joyce, Here is the draft for the Sweet Pea Contract. This is the Ci t.y attorney's contract. This contract has also been sent on to John McNeil. Please review it and make any changes you desire. Then we will officially sign it and send it on to the attorney and cit.y commission. Next year I will guarantee you the contract can be done in a prompt manor and as early in the year as you desire. I do apologize for it taking so long. . . . r I" .J' U L - 2: 8 - 9 2: T U E 1 5 : ::; 6 B C; A / S C; A - CON COR D E P,. 0 f ~-~.-~-~_..-. .-...,.........".li'''''r~;..~'~W~- ~::.~ 3Eord . ". ". ISSVlOAlE(MMIDDIYY) ^") $ , 2 . ' . , .1', . __. 7.:-:2a-9 .. PRODUCER THIS CERTIFICATI! IS ISSUED AS A MATTER OF INFOAMATION ONl.Y ANQ CONFERS NO FIICHta UPON THE CERTifiCATE HOL.PEA. THIS CERTiFICATE DOes NOT AMeND. EXTEND OR ALTER THE COVeAAOE AFFORDED BY THE POllCl~S Gti~OW. FIRST WEST INC. ~__._...J.. ONE WEST MAIN COMPANIES AFFORDING COVERAGE : PO BOX A .. ._, _.__.~,_..'.~_ _u, " . ....__ BOZEMAN~ NT .:s971~ COMPANY A LETtfA : ,,__,.... ,__ WESTERN.....HERTIAGE_.INSURANCE. ,.CD <- COMPANY 'INSIJREO-"-'-""~"'~--'---- ---'- ::1iEFI B __..._...."._ COMPANY C LETTER SWERl' rEA, A FESTIVAL OF THE ARTS . _'.. ..,..,..,..'.~_.. ....~_"'_.._,_....___.._~_._.. .._..,,--~- ?O nox 7 17 COMPANY D ' LETTER BOZEt-IAN) MT 59715 _.. .______ ,~_.._.n,__ COMPANY E LElTER ' , ~...::::,,:.~,~.~'~f;.~'~~:';" . ;.':,.:..:r :, ..~.:.," ,..~~?.~\t..:;~~... '~M:!:Y.i~' ~':+.;:;:,: ;:"'~"i..: .~~:,. ~~ :;":;..L,,,,:. ,['.:.~:~:1'l0,~Z:Z~:;;'~::i..:;;;~:~1l~:~.._;.,," ..,'~., :.....:,~_.:E~=t.::~;.",. ..~=~,~.!:. THIS IS TO CERTIFY TtiAT POLICIU OF INSUMNCIi LISTED BELOW HAVE BEEN ISSUI!OTO THE INSUReo NAM~O A90VE FOR THE POLICY PEnlOO'INOICATEO. NOTwltHSTANDINQ ANy AEQUIAE"'ENT. tERM OR CONDitiON Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CCRtlt,cAn MAY 'E: ,S$OF.O OR MAV PERTAIN. THE '''ISUItAACE AFFORDJ:O BY THe POLICIES DESCRIBED HEReiN IS SV8.,IECT TO ALl- tHE TfnMS, EXCI.I.lSIONS, .ND CONDI. tlONS ~F SUCI-i POl.lOI$$. ! ,_. -~ ,- ~ ....- "...- - -,,~ ... .;;~~;. ;~~~;~.- POlJ'V ~:.:p""ATI(lH -'l:iA.BIl.I'rY LI\'\ITS IN lr"HOUSA,I-lCl; 1 ype: 01" INSURANCE POLICY NUMBER DATi (MtAlOOII'Y) Cl.lTE lMWOO/'lYl EACH .~, ....__ _.~ __ _,_. ~,~_'..~"" .....,... _. OCCURnENCE AGGReGAtE GI!NI;RA,1. I,IAOII.ITV BODILY COMPRtHtNSlV~ fORM INJUR~_... J.. _. __"'... $u .._..........,.. A PREMISESlOPERATlONS C11>0128300 7-29-92 8-11-92 PROPi:Rr.' ~~~C!l~gu~~CllLAPS! HAZAAC · DAMAGE ~...n. _ _'.,_. ~_.....~ ___. A PROQLJCTSlCOMPlETED OPCRATIONS '1 R 81 , PO $ , $ " CO TRACTUAL C0I.111INED 1000' 1000 ' ': .t, INOt~tNbl:l'fT C:QNTMCT0I\3 .. m~_' '_ ,_ '. ^'.,. _ .._,no ;:: BAQAO FOAM PROPERTY DAMAGE ' .., . " ' >l'J PE$ONAlINJUAY PERSONAL INJURY $ ~ , ,~, -- __........_..... -. ._.,'_......A..._.,.....__ ------. .~-~~. AUT0t.10BILI! LIADIUTY (I(lI)lY ;~, . ANY AUTO l~~~~l $:;" - All OWNED AuTOS (PRlV. PASS,) 1l(X)I~ Y -.-..... .~.., ,- INJURY All OWNED AuTOS (~h~S.Rp1'$~N) (flEA AOOOE~1) $ _'. HIR[O AUTOS PROl"ERn";" NON'OWt.lfO AUTOS DAMAGE $ r , - GARAGE LIABllI1'1 BI I PO " .' CQMOINIOD $ ,.__ .. -- -... '.-.-- - .. _ _ __ _ ..\,V......../'_ ._......~ . _.... __ y __... ,... _ . .................. .............~.~.~_.._.._- .-. EXC$$' I.lAell.''l'Y .1~~~.;~~~~~~A..~~ ... ,...~~__.._~....., .. ~t~~eo $ · $ 5TATVtQAY WOFlKERS' COMPENSATION $ (EACH !>tC10ENTl AND -..-, __.........u.._.... ..,.,-, ...,.. .,.... $ lOISf AS~.PO~ ICY liMIT) EMl'LOYER$' LI~IL'TY --.,~~_.~_.,.-;,. ....~..."_. ,...". . $ (OISE.AS~ .EACH (MPL OVEr) OtHl!:A --_. ~-_.__.._._.,. .._-~ .. .......-,. ___n._ n.._..' -. . -'-.. ..,.' _u_.__, 'Oi$CRIPfiONoFOPEAATIONSlLOCATIONSNEHiCi:.Ei~SI:"lcIALiTEMS -'.'-. .,,~-~--_. - ..,.. ., .. ....__,m_ ~~:v ~9Hj1 t., .:~~ ".c t ~ ~1 ._,.. .. .... ...... .......... ,~,.....'.'.N <N'll'l"v ,,., . .,..'..'.."==.".,,,~'t.'I~,~..,....,.,.,,..... ... .'::1'"--=7"'''-'''~'; .,.., .....,.., ,.".....'" .......' .." ,,_" ',.. :~' ~::"":''',~lt!.'l~'''l.,''I~lL;''li' .; ...~.~ :,.: ~ \~,~;;;,...~t:~~~~~;':~~':'i.."~'l'.'~.:.;.;t/('~~'oi:o\'i''''!~~~~;.. . ..."NI.~,,;I\"'. ',.' ;'.' ",..,":)t,II..';:~o!.).!..('J;hl~l'i~i(');."'!:r.;:' ....' no' ,..... . ~.... .10..., '.'" ".~" ;.... ~ , 10""".,,,. ",... ..... II....,. ...~... ..... ..~, ".I~I~,; .....l_u ~..j oJ. ~,"'_..&:ll_..........._.__~__._.._~-U'...r.J.-.....--...; _" -,...______~ . . , . . , ~ I .. , . .. I ! ,.. 'At~tt'II";~ ..::;.ATlflcA115..il~i:INSURANCI$ '::',::,:>:::::':'i'::;:::'::!:;:"::::'>!',<::;:~>::':~.>,i'.','.::'':';;';;>:,:'y,'!.n1'\' r.". ::-::.:::''''' ,:' : ""m~.;I~"B":-:-'.;<' ' " ISSUE DATE (MM/DD/YY) I :::-:, <'::::::j":;,:W:i, Ii ,!:\ ~r" .::r;:,: :"r..\. ."i>>'<>:,:,:"y" ,':.,"'.,"",H'"'' ",'.......,',',','::.: PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE LUPKE-RICE-CLANCY ASSOCIATES POLICIES BELOW. P.O. Box 11309 COMPANIES AFFORDING COVERAGE Fort Wayne, IN 46857 COMPANY A St. Paul Mercury Insurance Company LETTER COMPANY B St. Paul Indemnity Insurance Company INSURED LETTER THE ATHLETICS CONGRESS OF THE COMPANY C ! LETTER USA, INC, ~~T~~~NY D One Hoosier Dome, Suite 140 i Indianapolis, IN 46225 I i ~~T~~~NY E I CbV~~AE$ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~CT':. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) r'~'--~ i GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 !A X COMMERCIAL GENERAL LIABILITY eKO 1300 899 12/31/91 12/31/92 $ 2,000,000 ! , CLAIMS MADE X OCCUR, $ 1,000,000 ! ~ OWNER'S & CONTRACTOR'S PROTo $ 1,000,000 " ~ X Liability Arising Out Of $ 50,000 _..._.___._~!hletic Participation 5000 AUTOMOBILE LIABILITY $ ANY AUTO ALL OWNED AUTOS $ SCHEDULED AUTOS HIRED AUTOS BODIL Y INJURY $ NON.OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ ,... EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 B X UMBRELLA FORM 513TB2488 12/31/91 12/31/92 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM '"'~',''' ""'"."'~V"_~'___ WORKER'S COMPENSATION 'STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE-POLICY LIMIT $ EMPLOYERS' LIABILITY , DISEASE-EACH EMPLOYEE $ ..~.,"__". ._',~"_"" OTHER Activities Incidental To The Sanctioned Event Are Included. '.m."_~.~. DESCRIPTION OF OPERATIONS/LOCATIONStvEHICLES/SPECIAL ITEMS EVENT: 13th Annua 1 Sweet Pea Run, Sanction #92-RRll, DATE: Aug. 8, 1992 Certificate Holder is Additional Insured for this sanctioned event. 1 ~'CEFitIFICAtr:HCm CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Bozeman EXPIRATION MAIL~ Attn: Robi n Sull i van LEFT, BUT P.O. Box 64Q Bozeman, MT 59715 L1ABI L1TY AUTHORIZE I LUPKE- RICE -CLANCY ,ASSOCIATES !, ACORD 25-$ (7111l)).' \ . ".. ,""" ':+:i:}ljJ~GQ"D:(;QrO~O~"'!:.PN1990 .-:.." ".:", '., .~:". ,. ' . -''''--.~ .. .~ ~ . r . . - ':....'., "''I, ~, ''"' , , , . ~ . . ..