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Library Stage Usage Agreement Location: Center Street 300 EastLibrary Park Stage1.
Location. The City grants permission to the Licensee to conduct activities on City property on a date(s) and time(s) specified in the Agreement.
Admissions. Events whereby admissions will be charged are not allowed at City parks except for City-sponsored events.
Dances. Dances and dance concerts are not permissible at City parks. Dance concerts do not include dance or music recitals/performances. The City reserves the right to conduct dances and dance concerts that it directly sponsors.
Park Scheduling. The scheduling of City parks shall be prioritized as follows:
4.1 First Priority - City sponsored programs, activities, and special events.
4.2 Second Priority - City co-sponsored events, community celebrations, and festivals.
4.3 Third Priority -Self-determining Licensees that have an existing agreement with the City.
4.4 Fourth Priority -General community use.
4.5 It is prohibited to use City facilities for commercial or individual financial gain. The City may authorize legitimate fund raisers by current State registered non-profit Licensees. Non-profit Licensees are required to provide written certification of their current non-profit status. The City reserves the right to manage parks to optimize care and maintenance and to minimize impacts on neighborhoods.
4.6 The City reserves the right to schedule activities and events at parks which can accommodate activitie.
Insurance: Licensees receiving permission to use parks and the stage must provide commercial general liability insurance in the amounts of $1,000,000.00 combined single limit per occurrence with a $2,000,000 aggregate limit. The required Automobile Liability limit is $1,000,000. If the policies do not have these limits, an increase in the limits will be requested of the insured. The insurance policy shall contain, or be endorsed to contain, the following provisions: Additional Insured - The City of Orem, its elected officers, officials, employees and volunteers shall be listed as additional insured under the CGL and Business Auto policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Primary Insurance -The Licensee’s or individual’s insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the City shall be excess of the Licensee’s or individual’s insurance and shall not contribute with it.
A certificate of Insurance must be complete per City requirements before agreement and date (s) are final.
5.1 The additional insured requirement must be exactly as specified by the City.
5.2 The name of the Licensee must be the named insured on the required certificate of insurance.
6.1. Types. Licensee shall procure and maintain the following types of insurance for the duration of this Agreement.
6.1.1. Commercial General Liability. Commercial General Liability (“CGL”) insurance with coverage that is at least as broad as the Insurance Services Office Commercial General Liability coverage (“occurrence” form).
6.2. Coverage Limits. Licensee’s required insurance shall have the following minimum coverage limits:
6.2.1. Commercial General Liability. $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If the policy contains a general aggregate limit, the general aggregate limit must apply separately to this Agreement or the general aggregate limit shall be $2,000,000.00.
6.3. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, the City may require that:
6.3.1. The insurer reduce or eliminate the deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or
6.3.2. Licensee procure a bond or letter of credit guaranteeing payment of any deductibles or self-insured retentions.
6.4. Policy Provisions. The policies shall contain, or be endorsed to contain, the following provisions:
6.4.1. Additional Insured. The City of Orem, its’ elected and appointed officials, officers, employees and volunteers are listed as additional insured, under the CGL policy. The coverage on said policy shall contain no special limitation on the scope of protection afforded to the City of Orem, its’ elected and appointed officials, officers, employees and volunteers.
6.4.2 Additional Insured. The City, its officers, officials, employees and volunteers shall be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Licensee, including the insured’s general supervision of Licensee; products and completed operations of Licensee; premises owned, occupied or used by the Licensee; or automobiles owned, leased, hired or borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees or volunteers. The applicant shall hold harmless, indemnify and defend the City of Orem from any liability claims, losses or damages arising or alleged to arise from the work covered by any permit but not including the sole negligence of the City of Orem.
6.4.2. Primary Insurance. Licensee’s insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the City shall be excess of Licensee’s insurance and shall not contribute with it.
6.4.3. Reporting. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, employees or volunteers.
6.4.4. Separate Application. Licensee ‘s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6.4.5. Waiver of Subrogation. The insurers shall waive, in writing, all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Licensee’s actions in performing (or failing to perform) this Agreement.
6.4.6. Cancellation. Each insurance policy required by this Agreement shall contain an undertaking by the insurer to notify the City in writing not less than thirty (30) days before suspension, cancellation, or reduction in coverage or in limits of such insurance policy. If required insurance lapses, the City shall have the option of:
184.108.40.206. Purchasing the insurance on behalf of Licensee and deducting the insurance costs from the amount owed to Licensee; or
220.127.116.11. Terminating this Agreement.
6.6. Certificates of Insurance. Licensee shall provide the City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and approved by the City before use of City facilities commence. The City shall also have the right to receive a complete copy of any insurance policies required by this agreement.
Application. Applications for the use of the Stage must be received sixty (60) days prior to the event. The Licensee must provide a concept plan and layout with a complete description of the event, activities, materials and equipment that will be used at the time of application.
7.1. A description of the means of transporting equipment, supplies, materials, booths and other supporting resources onto the park is required.
Workers’ Compensation and Employer’s Liability. Workers’ compensation limits are required by Utah State Law and Employer’s Liability limits are required by this Agreement in the amount of $1,000,000.00 per accident.
Separate Entities. The parties acknowledge that the parties are and will remain separate and independent entities and this Agreement does not create an additional entity or body.
Licensee Does Not Represent City. Licensee does not represent the City and shall not hold itself out as a representative of the City nor does Licensee have authority to act as a representative or agent of the City.
Clean-up. Licensee shall make every reasonable and prudent effort to keep the area in which Licensee’s activities are held clean and free from trash or other debris. Licensee will clean up any trash and debris generated by Licensee’s activities and place it in trash containers provided by the City.
Safety. Licensee shall conduct its activities in a safe manner. Licensee shall be responsible for any monetary damages or injuries which result from Licensee’s failure to conduct its activities in a safe manner.
Indemnification. Licensee shall release, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, damages, lawsuits, losses and expenses (including attorney’s fees), arising out of or resulting from Licensee’s performance or failure to perform this Agreement and all of Licensee’s activities conducted on City facilities or property. The Licensee is renting and operating the stage at its own risk and acknowledges that the City has no liability for any claims, damages, lawsuits, losses and expenses (including attorney’s fees), arising out of or resulting from Licensee’s activities conducted on City facilities or property
Hold Harmless. The Licensee agrees to hold the City harmless from any claims, damages, lawsuits, losses and expenses (including attorney’s fees), arising out of or resulting from Licensee’s activities conducted on City facilities or property.
Termination. This agreement may be terminated upon a written 10-day termination notice. Any complaints or necessary corrections requested by the City must be complied with immediately.
Coordination with Parks Personnel. The Licensee must meet with representatives of the Parks Division to coordinate the set-up of the event.
Park curfew, sound levels, and disturbing the peace ordinances are in effect.
17.1 Parks are closed between the hours of 11:00 p.m. and 5:00 a.m. (Ord. No. 661, Revised, 04/10/90; Ord. No. O-97-0021, Amended, 04/08/97)
17.2 The sound generated from any event held on the Stage as described in this agreement may not project more than 100 feet in any direction from its point of origin. Failure to abide by this requirement may lead to termination of this agreement during the event.
17.3 It is unlawful for any person to cause noise that constitutes a public disturbance after once being requested to stop making the noise (Ord. No.661, Revised, 04/10/90; Ord. No. 682, Amended, 02/26/91)
17.4 At all times when the stage is in use, all City and/or County ordinances regarding noise, traffic, parades, etc., shall be strictly obeyed by the Licensee. The City has the power to stop the program if for any reason there is potential danger to the Stage, the park or to other individuals present e.g., winds exceeding 30 mph, unruly behavior of the crowd or the performers, etc.
17.5 Overnight parking is not allowed at City parks.
Animals in parks. It shall be unlawful for any person to ride any animal or to permit a dog to be unleashed within the area of a park without first having received permission from the Department of Recreation. (Ord. No. 661, Revised, 04/10/90). Animal owners are required to clean-up after their pets.
Vehicles. Vehicles are not permitted on the turf areas of any park unless authorized at the time of application by the Department of Recreation or the Parks Division.
Water. If water use exceeds drinking water requirements, requests must be made at the time of application and cleared through the Department of Recreation.
POWER LIMITATIONS – PARK ELECTRICAL CIRCUITS ARE NOT DESIGNED FOR LOADS IN EXCESS OF 15 AMPS. APPLICANTS ARE RESPONSIBLE TO PROVIDE GENERATORS AT THEIR OWN EXPENSE IF ELECTRICAL LOADS WILL EXCEED THE 15 AMP LIMIT.
Lawful Agreement. The parties represent that each of them has lawfully entered into this Agreement, having complied with all relevant statutes, ordinances, resolutions, bylaws, and other legal requirements applicable to their operation.
City Ordinances. All City ordinances regulating the use of parks are in effect. Section 13-1-1 through 13-1-11 and Section 9-2-9.
Utah Law. This Agreement shall be interpreted pursuant to the laws of the State of Utah.
Time of Essence. Time shall be of the essence of this Agreement.
Attorney’s Fees. In the event the City should be required to enforce or defend this Agreement or pursue any other remedy provided by law, then the City shall be entitled to a reasonable attorney’s fee, whether or not the matter is actually litigated.
Interpretation of Agreement. The invalidity of any portion of this Agreement shall not prevent the remainder from being carried into effect. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include any other and all genders. The paragraph and section headings in this Agreement are for convenience only and do not constitute a part of the provisions hereof.
Amendments. No oral modifications or amendments to this Agreement shall be effective, but this Agreement may be modified or amended by written agreement.
Binding Agreement. This Agreement shall be binding upon the successors, administrators, and assigns of each of the parties hereto.
Security. Licensee is solely responsible for the safety and security of its activities and property. Licensee acknowledges and agrees that Licensee has no recourse against the City for any vandalism or any damage done to Licensee property unless the damage is the direct result of the City’s affirmative conduct.
Duration. The City of Orem reserves the right to determine the duration for the use of City facilities and property.
No Assignment. Neither party shall transfer or assign any of its rights, duties or obligations set forth in this Agreement to a third party without the prior written consent of the other party.
No Presumption. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the term hereof shall be more strictly construed against one party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that both parties have participated in the preparation hereof.
Fees. Fees for the use of the Stage will be charged commensurate with the City’s approved fee and charge schedule and the terms of this Agreement.
I am at least 18 years of age and I agree with the above terms in the agreement.