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Home My WebLink About93- Sweet Pea .. '. . ~ THE CITY OF 80ZEMAN i . 411 E. MAIN ST. P.O, BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715-0640 . 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 citizens 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 5, 1993 until 10:00 p.m. on August 8, 1993, 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, "the 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 prior to the festival and $5.00 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 the 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. 4. Sweet Pea Association's privileges hereunder shall not be assignable by the Sweet Pea Association in whole or in part. S. The Sweet Pea Association 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 insurer 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. .- - . .. . - . . . Any amendment or modification to this agreement or any . 9 . 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. IN WITNESS WHEREOF, I' have hereunto set my hand this ~ day of >>~/~~/,)~~ ) , 1993. CITY OF BOZEMAN ~c:7~~ . ze' e Harkin Recreation Superintendent SWEE~PEA ASSOCIATION SWEE,~) PEA ASSO~IATION ~ ~~~ L-- ~~r;?Z'~<Y5/ze/~//~ Jim/Gilbert ~anne Frank-Brekhus President Executive Director P.O. Box 717 P.O. Box 717 Bozeman, MT 59715 Bozeman, MT 59715 . "AMi:NDED" ~ It~f; ~ \TED AUG i J 1983 A~~~.ltl.~ CERTJFICA TE OF INSURANCE I'" DATE (MMlDD/YY) , .. · .. 8/13/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i" FIRST WEST, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALlER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX A COMPANIES AFFORDING COVERAGE BOZEMAN, MT 59715 COMPANY A COLORADO WESTERN INS. CO. INSURED COMPANY B SWEET PEA FESTIVAL P.O. BOX 717 COMPANY C BOZEMAN, MT 59715 COMPANY D COVERAGES 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE (MM/DO/YY) DATE (MMIDONY) GENERAL LIABILITY GENERAL AGGREGATE $1,000,000. X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1,000,000. A CLAIMS MADE X OCCUR 25-000856-56-0012 7/30/93 8/11/93 PERSONAL & ADV INJURY $1,000,000. OWNER'S & CONT PROT EACH OCCURRENCE $1,000,000. FIRE DAMAGE (Anyone fire) $ 50,000. MED EXP (Anyone person) $ 5,000. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON.OWNED AUTOS PROPERTY DAMAGE $ GARAGE iJABILlTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS I EMPLOYERS' LIABILITY I EACH ACCIDENT $ THE PROPRIETOR! INCL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: I. EXCL, DISEASE - EACH EMPLOYEE $ OrnER . ! DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS -r ..._...11- I REPLACES ACORD CERTIFICATE ISSUED ON 8/6/93. I THIS ! ~CERTiFiCA Te'HOLllER ... ..~,. .... -. ." ..'-."'''-''.- _n_,_.._, --..----- ---.-- ------. .. . _ ..__n__. ___m..,_ .---.... ..--- ,,- ..,." --....- CANCELLATION I I SHOULD ANY OF mE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE , i CITY OF BOZEMAN EXPIRATION DATE mEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O. BOX 640 ~ DAYS WRITTEN NOTICE TO TltE CERTIFICATE HOLDER NAMED TO THE LEFT, i BOZEMAN, MT 59715 ~....."' ro ""'- ""'" ."'." ""'-' .""", .. ~~..~ .. u..= I I OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I AUTHOR -'-.-iiEPRESENTAiWe----.'---'---=-.-'-----'---'-----------' ..,....--" I F ,y ~/';~DCORPORAnON 1993 I I i ACORD 25-S (3/93) I + _",~\1.l;;iJ..,' IICII\'EDAUG 16 , AtD.tlll.~ C'&J:\TJFICATE OF INSURANCE.. " ..'~ '. ."~ ~~:~,(:";~~~ ! __.._....,.,.,........._.."._,.. ,..._.... ..,...,. .... .. ........,.. ---,,",--,, ... . ... ... .. . _, ....,..,_,.. _ ...., .,..f_.. ___.., L ....._ ___ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ! ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I ~'), ...." ",..'j .;"., ..;" HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,. .,-L "<0-" f"'" ". . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ' ! j ,:' .-!' ....,.'::: .'\". c __-' ...____non COMPANIES AFFORDING COVERAGE . 1 ".l. "..' ',",' , ...' i 1 'I .. COMPANY C" ," .',.. .. n .. '''" "J' 1.'.. ,', . A \"..,~~_~....,j~<.',.,~...,l.h.j ~:,..i...:..,;,~!'~.~.,.;~; ~'~":"":'U ." I INSURED COMPANY I r;. \\.r:,'~l :'1i. E' '->\ E'E:::.:'TIVAL B II ," '. t-)" .., 1 '1 COMPANY L. . --' . !~"-", I'. C I 'i '.. ....)'. .., . " '-" , "1' .. r. .." 1 ;"" j .~y.., ,,:,. i'l._ ',.i..1 ~~\ 1 .., \. _.~ ~ r .::.. .,) ""I COMPANY I i.."."" D I iCOVERAGES i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I 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, I I I I CO TYPE OF INSURANCE POlICY NUMBER POlICY EFFECTIVE .. POlICY EXPIRATION' u.rs I LTR DAre(~IYY) 1 DATE(MMIDOIYY) i I i ~RAL UA8IUTY 1 GENERAL AGGREGATE $" , ; ; ,..)) COMMI=HCIAL GENEoRAL LIABILITY PfIODUCTS-COMPIOP AGG $ ;\ CLAIMS MADE R OCCUR .2:..i--f)r)C;::;'56....,56-D012 7/3;/0.3 ~,~/11/J3 PERSONAL & ADV INJURY $." t OWNER'S & CONT PROT EACH OCCURRENCE $.1 , ", ': ,.. I ..... -, i ' FIRE DAMo\GE (Any one fife) $ ,"1 .. I I'. ''I 4: I ' MED EXP (Any one person) $ , ' . I (? I " "; AUTOMOBILE lJaBLlTY I i r'-"1 , ' COMBINED SINGLE LIMIT ; $ ! ANY AUTt! I ALL OWNit?" AUTOS ~: ; BODILY INJURY , ~. ~ ,$ . SCREDULE9 AUTOS ~ ' . (Pe, person) HIRED AU~S ~. I BODILYINJURY $ NON-OWNED AUTOS tf' (Per accident) t1J '1" <\:i ~' PROPERTY DAMAGE $ fr' GARAGE i.IABI~. ' :. ' AUTO ONLY - EA ACCIDENT $ tr. ' ANY AUTO . : OTHER THAN AUTO ONL Yo ....... ~ I-i t::. EACH ACCIDENT $ ~ .,' t; r AGGREGATE $ EXCESS L1ABIL~ r EACH OCCURRENCE $ UMBRELL;;:ORM AGGREGATE $ t:' OTHER THAIIl UMBRELLA FORM $ ~ WORKERS COMPIlNSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ THE PROPRIETOR! INCL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE , OFFICERS ARE: EXCL ' DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLESISPECIAL ITEMS 'L:';'::3 '~I~PLhCL,':"'. }:.\..'("',;:n', CI:C:.TIFIC/\l'l-~ l;JSJd) 0;: ~'Ic;cn. CERTIFICATE HOLDER ~ It ~ ELLATION 1\ I" ,\ I 4" .I ILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TME ~2:CTY Ci' l.;~O;~G~ Li,~t,; pf.1J ~. lfTlON DATE THEREOF. TME ISSUING COMPANY WILL ENDEAVOR TO MAIL r . i..' . ':::;Oc\ '):; J I( 11 J I d -I I, =- DAYS WRITTEN NOTICE TO TllE CERTIFICATE HOLDER NAMED TO THE LEFT, :CZ F;i~~'3; t :b' :;; (,.' 71.:) /J/Iv.. . t$ ~:~ FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY j J'~H 0 ~I tJ.1.l "NY KIND UPON TllE COMPANY, ITS AGENTS OR REPRESENTATIVES. ~ V ~D..RE7P.;ZSE , A;;.. IliA "A__ ~ ..' /i V VUI""l'V - '>\ . /1- ACORD 25.S (3/93) ~...:.,~,.: J ~ /' "@ACORDCORPORATION1993 '~__~ n ~