HomeMy WebLinkAbout2479�r
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to Kent Cornucopia Days;
granting a street use permit to Kent Cornucopia
Days and Lions Club International 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 the result of the efforts of
a number of private volunteer citizens, civic groups and
non-profit organizations; and
WHEREAS, the City of Kent is not the sponsor or operator
of the Kent Cornucopia Days Festival; and
WHEREAS, it is appropriate to clarify the rights, respon-
sibilities and relationships of those parties involved in the Kent
Cornucopia Days' activities; and
WHEREAS, permits and fees are necessary and proper for
the use of public right-of-way for the festival but that such fees
are waived for the 1984 Cornucopia Days; NOW THEREFORE
THE CITY OF KENT, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A street use permit is hereby authorized from
Thursday 6:00 p.m. July 12, 1984 until Sunday 10:00 p.m. July 15,
1984 for the following described public areas and right-of-way:
(A) Meeker Street from 6th Avenue to Railroad Avenue,
(B) 2nd Avenue from Meeker Street to Gowe Street,
(C) 1st Avenue from Smith Street to Titus Street.
(D) Municipal Parking Lot between Smith and Harrison and
Second and Fourth Avenues; PROVIDED, however that such closure
shall be for the purposes of the Cornucopia Carnival from 6:00
p.m. Sunday July 8, 1984 through 2:00 a.m. Monday July 16, 1984.
(E) 4th Avenue from 228th Avenue South East to Saar
Street; PROVIDED, however that such closure shall be for the
purposes of the Cornucopia Parade on Sunday July 15, 1984 from
Noon until 6:00 p.m.
Section 2. The street use permit provided in Section 1
above is granted to the Kent Cornucopia Days Association and Lions
Club International (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,
and/or judgments whatsoever arising out of the use and occupation
of said public property and right-of-way including claims arising
by reason of accident, injury or death caused to persons or
property of any kind occurring by the fault or neglect of the
-2-
User, its officers, employees, agents, licensees, or invitees,
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 liabil-
ity 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 activi-
ties of the User under this permit. The User agrees that all such
claims, whether processed by the User or User's insurer, either
-3-
directly or by means of an agent, will be handled by a person with
a permanent office in the Kent -Seattle area.
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 discrimi-
nation 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 ten (10) 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 accept-
ance 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, cove-
nants and conditions herein contained, to be performed, kept and
observed by the other party.
3.9. SURRENDER OF PREMISES. At the expiration or termi-
nation of this permit, including any extensions thereof, whichever
is earlier, the User shall quit and surrender said premises, with-
out 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 insti-
tuted, 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.
-5-
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 install-
ations, equipment, or appurtenances without first obtaining
permission from the User. Provided, however, the City may performi
such maintenance, repair or work in an emergency.
3.13. INVALIDTIY OF PROVISIONS. Should any term, provi-
sion, 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. 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 agree-
ment 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 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 ordinance is hereby ratified
and confirmed.
Section 8. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
dn4Lz271��
ISABEL HOGAN, MAYOR
ATTEST:
_ 7
MARIE JENS9W, CITY CLERK
APPROVED AS TO FORM:
r
V. S HEN DiJULI , CITY ATTORNEY
PASSED theday of 1984.
APPROVED the y5"4/day of C 1984.
C
PUBLISHED the 69�day of � �� ,,� � - , 1984.
I hereby certify that this is a true copy of Ordinance
No.Z passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as herec
indicated.
(SEAL)
MARIE JENSEN, CITY CLERK
260-10
-7-