HomeMy WebLinkAbout1208RESOLUTION NO.
AN RESOLUTION of the City of Kent,
Washington, relating to Kent Cornucopia Days;
granting a street use permit to Kent Lions Club
for a public festival; specifying terms and
conditions for such street use.
WHEREAS, Kent Cornucopia Days has been an annual festival
celebrating the heritage of the Kent community; and
WHEREAS, the Cornucopia Days festival continues to grow
in size annually; and
WHEREAS, Cornucopia Days is a result of the efforts of a
number of private volunteers, citizens, civic groups, and
nonprofit organizations; and
WHEREAS, the City of Kent is not the sponsor nor operator
of the Kent Cornucopia Days festival; and
WHEREAS, it is appropriate to clarify the rights,
responsibilities and relationships of those parties involved in
the Kent Cornucopia Days' activities; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. A street use permit is hereby authorized from
Thursday, July 13, 9:00 p.m. until sunday, July 16, 11:00 p.m. for
the following described public areas and right-of-ways:
(A) Meeker Street from 6th Avenue to Railroad Avenue
(4th Avenue to remain open),
(B) 2nd Avenue from Meeker Street to Gowe Street,
(C) 1st Avenue from Smith Street to Titus Street (Gowe
Street to remain open),
(D) 2nd Avenue from Gowe Street to Titus street,
(E) 2nd Avenue from Meeker Street to Smith Street for
the purposes of Saturday Market.
(F) Municipal parking lot between Smith and Harrison and
2nd and 4th Avenues; provided, however, that such closure shall be
for the purposes of Cornucopia Carnival from 6:00a.m., Sunday,
July 9, 1989 through 2:00p.m., Monday, July 17, 1989.
(G) 4th Avenue from James Street (240th Avenue S.E.) to
Saar Street for parade and parade assembly; and the two eastbound
lanes of James Street from 1st Avenue to 4th Avenue; and First
Avenue from Smith Street to James Street; provided, however, that
such closure shall be for the purposes of the Cornucopia Parade on
Sunday, July 16, 1989 from 10:00 a.m. until 4:00 p.m.
Section 2. The street use permit provided in Section 1
above is granted to the Kent Lions Club (hereinafter referred to
as the "User"). By this permit, the User is authorized to conduct
a public festival on said public property and right-of-way, to
erect booths, conduct lawful and licensed games, provide
entertainment, operate or authorize food and beverage services,
and conduct such other activities consistent with a public
festival.
Section 3. The permit granted hereby is conditioned upon
User's satisfaction of the following conditions:
3.1. LICENSES AND TAXES. The User shall be liable for,
and shall pay throughout the term of this use, all license and
fees covering the business and activities conducted on the
premises, and all unemployment insurance, social security,
workers' compensation and other obligations applicable to its
activities, and otherwise fulfill all fiscal obligations imposed
by law or contract.
3.2. UTILITIES. The User, at the User's sole expense,
shall provide, or shall otherwise pay for, when due, all costs for
providing all utilities and other services and installation
occasioned by the User's requirements. The City shall not be
liable for any injury, loss or damage caused by the resultant from
any interruption or failure of utility services due to any causes
whatsoever, except the City's sole negligence.
3.3. LIABILITY.
3.3.1. Indemnification: The User shall indemnify
and hold the City harmless from any and all claims, actions,
andjor judgments whatsoever arising out of the use and occupation
of said public property and right-of-way including claims arising
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by reason of accident, injury or death caused to persons or
property of any kind unless caused by the City's sole negligence.
3.3.2. Assumption of Risk: The placement and
storage of personal property on said public right-of-way shall be
the responsibility, and at the sole risk, of the User.
3.3.3. Insurance: During the term of this permit
and any extension thereof, the User shall secure and maintain a
policy of standard form comprehensive general liability insurance
with an insurance company licensed to do business in the State of
Washington, providing protection and indemnification against any
and all claims for injury to person or property or for loss of
life, including the liability of the City for such to the User and
any of the User's officers, employees and agents, and any
liability of the User as such to the City, its officers, employees
and agents, arising out of or in connection with the occupancy and
use of the public right-of-way as well as any and all claims and
risks in connection with any acts or omissions performed by User
by virtue of the rights granted pursuant to this permit. Said
policy limits shall be in the amount of one million dollars
($1,000,000) for injury to or loss of life of, any individual
person; in the aggregate for personal injuries suffered in each
occurrence; and for property damage suffered in each occurrence.
Said policy must specifically name The City of Kent, its officers,
employees and elected officials as additional insured parties
thereunder and must stipulate that the coverages provided by said
policy shall not be terminated, reduced, or otherwise changed in
any respect without providing at least thirty (30) days prior
written notice to The City of Kent. Notwithstanding any provision
herein to the contrary, the failure of the User to comply with the
provision of this section shall subject this Street Use Permit to
immediate termination without notice and without recourse by any
person in order to protect the public interest.
3.3.4. Adjustments of Claims: The User shall
provide for the prompt and efficient handling of all claims for
bodily injury, property damage or theft arising out of the
activities of the User under this permit. The User agrees that
all such claims, whether processed by the User or User's insurer,
either directly or by means of an agent, will be handled by a
person with a permanent office in the Kent-Seattle area.
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3.4. USE AND CARE OF PREMISES.
3.4.1. General Condition: The premises shall at
all times be kept in a neat, clean, safe and sanitary condition,
and kept and used in accordance with the laws of the State of
Washington and ordinances of The City of Kent, and in accordance
with all authorized rules and regulations of the King County
Health Department, Kent Fire Marshal, Kent Building Inspector, and
other proper officers of The City of Kent, at the sole cost and
expense of the User. The User shall not permit any waste, damage,
or injury to the public property or right-of-way; shall not permit
any objectionable noise or odor to escape or to be admitted from
said public areas or permit anything to be done upon said premises
that in any way will create a nuisance.
3.4.2. Alterations: The User shall not make, or
cause to be made, any alteration, addition or improvement in said
public right-of-way other than those authorized above without
first obtaining the written consent of the City for such work.
3.4.3. Access: The city reserves for itself, its
officers, employees, agents and contractors, free access to said
premises at all reasonable times for the purposes of emergency
response and other public safety demands, inspection, cleaning, or
other City responsibilities.
3.5. NON DISCRIMINATION. The User shall comply with all
federal, state and local laws and ordinances prohibiting
discrimination in employment or public accommodation with regard
to age, sex, race, color, creed, national origin, or physical or
mental handicap.
3.6. RELATIONSHIP. In no event shall the City be
construed, or held to have become in any way or for any purpose a
partner, associate, or joint venturer of the User or any party
associated with the User in the conduct of the User's activities
relating to Cornucopia Days. This permit does not constitute the
User the agent or legal representative of the City for any purpose
whatsoever.
3.7. AMENDMENTS. The City expressly reserve the right
to amend the terms of this permit from time to time as may be
necessary to preserve the public health, safety and welfare.
Provided, however, that no amendment, alternation or modification
of the terms or conditions of this permit shall be valid and
binding unless made in writing to the User within fourteen (14)
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days of the effective date of said amendment, alternation or
modification.
3.8. NO WAIVER OF DEFAULT. The City does not waive full
compliance with the terms and conditions of this permit by
acceptance of the permit fees. No waiver of default by the City
of any of the terms, covenants and conditions hereof to be
performed, kept and observed by the User shall be construed as, or
operate as, a waiver of any subsequent default of any of the
terms, covenants and conditions herein contained, to be performed,
kept and observed by the other party.
3.9. SURRENDER OF PREMISES. At the expiration or
termination of this permit, including any extensions thereof,
whichever is earlier, the User shall quit and surrender said
premises, without notice and in as good condition as received at
commencement of the term, ordinary wear and tear uncontrollable by
the User excepted.
3.10. ADJUDICATION.
3.10.1. Jurisdiction: This street use permit shall
be construed under all the applicable laws, statutes, ordinances,
rules and regulations of the United states, State of Washington,
County of King and the City of Kent in case of a dispute between
the parties.
3.10.2. Costs and Attorney Fees: If, by reason of
any default or breach on the part of the User in the performance
of any of the provisions of this permit, a legal action is
instituted, the User agrees to pay all reasonable costs and
attorney fees in connection therewith. In the event of any legal
action brought under the terms of this permit may be in King
County, Washington.
3.11. The User shall not interfere with the city's
maintenance and use of the right-of-way, or the operation of the
Kent Saturday Market or other licensed businesses and premises.
The User shall also be responsible for obtaining necessary permits
for use of property administered by the Department of Parks and
Recreation.
3.12. The City of Kent, its agents and employees, will
perform no maintenance, repair work of any kind on User's
installations, equipment, or appurtenances without first obtaining
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permission from the User. Provided, however, the City may perform
such maintenance, repair or work in an emergency.
3.13. INVALIDITY OF PROVISIONS. Should any term,
provision, condition or other portion of this permit be held to be
inoperative, invalid or void, the same shall not affect any other
term, provision, condition or other portion of this permit; and
the remainder of this permit shall be effective as if such term,
provision, condition or portion had not been contained herein.
Section 4. FEES AND CHARGES
4.1. FEE. The fee for the above identified permit shall
be twenty-five dollars ($25.00) payable in advance to the city
Treasurer at Kent City Hall, 220 4th Avenue South, Kent,
Washington 98032-5895 on or before July 6, 1989, plus five percent
of gross receipts from street fair booth sales, not to exceed five
hundred dollars ($500.00) payable to the City Treasurer on or
before September 22, 1989.
4.2. AUDIT. The User shall permit the City, as City
deems necessary, to inspect and audit in Kent, Washington at any
and all reasonable times, all pertinent books and records of the
User and any subcontractors or other person or entity that is in
connection with, or related to the User under this permit to
verify the accuracy of accounting records, including trust
accounts if any; and shall supply City with, or shall permit the
City to make, a copy of any books and records and any portion
thereof, upon the City's request.
4.3. The User shall have the right to charge user fees
or festival permits for the areas described in Section 1, above.
The User shall also be granted the authority to charge user fees
or festival permits to street vendors and merchants within two
blocks of the area described in Section 1 above. The User's right
to charge festival permit and user fees shall extend only for the
term of this street use permit, and shall not apply to merchants
and businesses with current business licenses within the areas
designated herein.
Section 5. An authorized representative of user shall
execute an agreement with the City confirming acceptance of the
conditions herein. The Mayor is authorized to execute said
agreement and such other documents necessary to the administration
of this ordinance.
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Section 6. Two hour parking restrictions as provided in
Chapter 10.06 Kent City Code are eliminated during the period of
Cornucopia Days, and shall not be enforced during said period.
Section 7. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified
and confirmed.
Passed at a regular meeting o the City Council of the
City of Kent, Washington this ~t> day o · -1989.
day of
Concurred in by the Mayor of t City of Kent, this ~
J~ . 1989. -~~L'-L,~-
KELLEHER, MAYOR
ATTEST:
MARIE JE N, CITY CLERK
I hereby certify that this is a true and correct copy of
Resolution No. /A 0 8" , passed by the City Council of the City of
Kent, Washingto~, the G2lJ day of r~ , 1989.
~~ (SEAL)
MARIE JEN ~LERK
7370-260
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