HomeMy WebLinkAbout3119ORDINANCE NO. '3 //
AN ORDINANCE of the City of Kent, Washington,
relating to Kent Cornucopia Days; authorizing the
issuance of a street occupation permit to Kent Lions
Club for a public festival; specifying terms and
conditions for such street use and closing certain
streets in conjunction with said permit.
WHEREAS, Kent Cornucopia Days has been an annual
festival sponsored by the Kent Lions Club celebrating the
heritage of the Kent community; and
WHEREAS, the Cornucopia Days festival continues to grow
in size annually; and
WHEREAS, the Kent Lions Club desires to obtain a street
occupation permit pursuant to Kent City Code Chapter 6.08 and
further desires to seek closure of certain streets in downtown
Kent in conjunction with said permits.
WHEREAS, Cornucopia Days is a result of the efforts of a
number of private volunteers, citizens, civic groups, and
nonprofit organizations; and
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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 OF KENT, WASHINGTON DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The Public Works Director is hereby
authorized to issue a street occupation permit pursuant to
Chapter 6.08 of the Kent City Code from Thursday, July 15, 1993,
9:00 p.m., until Sunday, July 18, 1993, 11:00 p.m., for the
following described public areas and right-of-ways which will be
closed to normal vehicle traffic during the term of the permit
except as otherwise noted below:
(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 new Kent Library to Titus Street
with restricted access at 4th Avenue (Lowe Street to remain
open),
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(D) 2nd Avenue from Gowe Street to Titus Street,
(with local access signs at Titus)
(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 6:00 a.m.,
Thursday, July 13, 1993 through 2:00 p.m., Monday, July 19, 1993.
(G) 5th Avenue behind Kent Elementary for Grand Parade
and parade assembly; Saar Street north on 4th Avenue to James
Street and Borden Field, on Sunday, July 18, 1993 from 11:00 a.m.
until 4:00 p.m.
(H) Smith Street between 1st Avenue and 4th Avenue for
the purposes of alleviating traffic flow to the Cornucopia Days
Carnival and the Balloon Classic from 9:00 p.m. until 11:59 p.m.
on Friday, July 16, 1993, and Saturday, July 17, 1993.
Section 2. The street use permit provided in Section 1
above shall be granted to the Kent Lions Club (hereinafter
referred to as the "User") and its successors and assigns. 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 at the times and in
accordance with the provisions in Section 1.
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Section 3. The permit to be granted hereby is
conditioned upon and subject to User's satisfaction of the
following conditions and such other terms and conditions as may
be imposed by the Public Works Director pursuant to Chapter 6.08:
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 or resulting 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, its successors
or assigns shall indemnify, defend and hold the City harmless
from any and all claims, actions, damages and/or judgments
whatsoever arising out of any and all activity, use and
occupation of said public property and right-of-way pursuant to
the subject permit including claims arising by reason of
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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 by the
User shall be the responsibility of, and 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 or disability to person, damage to
property or for loss of life, which may arise from or be related
to this activity or the permit granted herein, including the
liability of the City its officers, officials, agents or
employees 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
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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. In any event, no termination,
reduction or change in coverage shall occur after June 16, 1993,
or 30 days prior to the scheduled event for which this permit has
been issued. 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. The applicant shall
furnish a certificate of such insurance coverage to the City
prior to issuance of permit, and may be required, at the City's
discretion, to provide a copy of the entire insurance policy.
3.3.4. Adjustments of Claims: The User shall
provide for the prompt and efficient handling of all claims from
third parties 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. I
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, marital status
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
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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)
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. CONSTRUCTION AND DISPUTE RESOLUTION. 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. Jurisdiction of any resulting
litigation shall be in King County Superior Court.
If legal action is instituted, the User agrees to pay
all of the City's reasonable costs and attorney fees incurred in
connection therewith.
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 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 3, 1993. A copy of
User's proof of insurance certificate shall be submitted at the
time this fee is paid.
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
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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.
Section 6. Two hour parking restrictions as provided in
Chapter 10.06 Kent City Code for the following streets are
eliminated during the period of Cornucopia Days, and shall not be
enforced during said period: Central Avenue to Union Pacific
Railroad and James Street to Willis Street.
Section 7. A sufficient number of handicap parking
spaces shall be provided in close proximity to festival site on
2nd Avenue between Gowe St. and the post office driveway.
Section 8. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 9. Effective Date. Pursuant to Leonard v.
Bothell, 87 Wn.2d 847 (1976), this ordinance shall take effect
and be in force five (5) days fro the time of its final passage
as provided by law. �i
DAN KELLEHER, MAYOR
l
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ATTEST:
el
RENDA JACOBER, CI Y CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICff CITY ATT01Z
PASSED the �_ day of 1993.
APPROVED the == day of 1993.
PUBLISHED the day of 1993.
I hereby certify that this is a true copy of
Ordinance No. 03/(9 , passed by the City Council of the City
of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
cornucop.ord
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SEAL)
BRENDA JACOtER CITY CLERK