HomeMy WebLinkAboutResolution 96-061 use of sportspark for 1996 4th of july eventMARANA RESOLUTION NO. 96-61
ARESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AUTHORIZING THE TOWN TO ENTER INTO A LICENSE AGREEMENT WITH PIMA
COUNTY TO LEASE SPACE AT SPORTSPARK ON TI~E FOURTH OF ~O-LY FOR
OVERFLOW PARKING.
WYq'~REAS, the Town of Marana is cosponsoring a family fun day and fireworks show
at the Sportspark located at Ina Road and 1-10 to be held on July 4, 1996; and
WHF_aREA$, additional parking spaces are needed to accommodate the expected turnout
for the Fourth of July Family Fun Day; and
WHEREAS, the Town of Marana desires to enter into a License Agreement with Pima
County for a period of five (5) days beginning July 1, 1996 in order for the town to maintain
an overflow parking lot adjacent to Sportspark for the Fourth of July Family Fun Day; and
WHEREAS, it is in the best interests of the citizens of the Town of Marana that the town
enter into the License Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona that the Mayor is authorized to execute a License Agreement with Pima County
for a period of five (5) days beginning July 1, 1996 in order for the town to maintain an
overflow parking lot adjacent to Sportspark for the Fourth of July Family Fun Day.
PASSED AND ADOPTED by the Mayor and Council of the Town _ofMarapa, Arizona, this
2nd day of July, 1996.
~ Mayor Ed Honea
Town Attorney
Arizona Re*.olution 96-61
AGREEMENT FOR
TOWN OF MARANA FAMILY DAY
AND FIREWORKS SHOW
This Agreement is made and entered into this L"-~y of April, 1996, by and between the
TOWN OF MARANA, a municipal corporation, (hereinafter referred to as "Town"), and TUCSON
SOFfBAlL, LTD. dba Sportspark Softball Complex, an Arizona Corporation, (hereinafter referred
to as "Sportspark").
~
WITNESSETH:
WHEREAS, Sportspark is the owner of a sports and recreation facility located within the
boundaries of Town, and desires to hold a 4th of July fireworks show and family day, and desires
that Town sponsor the activity; and
WHEREAS, Town desires to enter into such an agreement, and in fact, on September 19,
1995, voted to enter into an agreement to sponsor and cooperate in this family day and fireworks
show; and
WHEREAS, Sportspark and Town desire to set forth certain agreements relating to the
family day and fireworks show.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is acknowledged, the parties agree as hereinafter set forth.
1 OBLIGA TIONS of Sportspark:
1.1 Sportspark shall undertake to prepare for and conduct the Town of Maran a Family
Day and Fireworks Show (hereinafter referred to as "Event"). Sportspark agrees that
Event shall consist of at least the following:
1.1.1 A fireworks show, consisting of a show prepared by and presented by a
professional fireworks company. The cost of the fireworks show shall be at
least fifteen thousand ($15,000.00) dollars, and the show shall be comparable
to the fireworks shows that have been presented by the City of Tucson in
recent years.
1.1.2 Old fashioned picnic enhancements, such as stagecoach rides, clowns,
jumping castle, dunk tank, line dance instruction, gyro, Tuffy the Toro,
carnival games, kiddie train, sno-cone and cotton candy machine, music van,
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show tent, skydivers, etc. Prices for such attractions shall not exceed .50~
per person.
1.1.3 Old fashioned picnic games, such as balloon toss, sack races, bingo, tug of
war, spoon & egg relays, etc.
1.1.4 Food and beverages shall be available, with choices such as hot dogs,
hamburgers, chicken, and will include Sportspark's normal variety and will
be priced at their usual prices.
1.1.5 Traffic control, parking, security, and other such provisions, sufficient to
handle the anticipated traffic, parking and crowds. Sportspark agrees to work
with local law enforcement to provide safe and convenient access.
1.1.6 Promotion and advertising, including radio, television, and print advertising.
All advertising, promotion and other materials referring to Event shall refer
to it as "The Town of Mar an a Family Day and Fireworks Show", and Marana
shall be listed as the first sponsor on all promotional materials, followed by
the other sponsors.
1.2 Sportspark shall charge an admission price of$6.00 per car.
1.2.1 One dollar ($1.00) of each admission ticket will be paid to Town as
reimbursement. This payment shall be made by Sportspark to Town within
thirty (30) days after the date of Event, with a full accounting of the costs and
profits of Event.
1.3 Sportspark, its officers, departments, employees and agents agree to indemnify,
defend and hold harmless Town, its officers, departments, employees and agents
from, for and against any and all suits, actions, legal or administrative, proceedings,
claims, demands, or damages of any kind or nature, nor or in the future relating to
this Agreement, Event or the fireworks show. This indemnification is intended to
include damage to life or limb of any person, damage to land, buildings, or other real
or personal property, or any other damage as hereinabove described. In addition to
providing payment of any damages, Sportspark agrees to provide the full costs of
defense and all other associated costs and fees associated with the claim or suit.
1.4 Sportspark agrees that it shall provide to Town proof of insurance providing
coverage for loss, defense costs, and other related costs in Event of damages as
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discussed above. Said insurance shall have policy limits which shall not be less than
two million ($2,000,000.00) dollars. Sportspark shall provide Town with proof of
said insurance, and shall make Town a named insured on the policy for the purposes
of Event. Sportspark shall provide Town with a certificate of insurance evidencing
the policy described herein, and shall include a clause to the effect that the policy
shall not be canceled or coverage reduced, restricted or limited until thirty (30) days
after Town has received written notice, by certified mail, of the proposed action.
1.5 Sportspark agrees to solicit additional sponsors in good faith for the financial and
technical assistance to produce the Event. Sportspark shall engage by a separate
agreement an "Arcade" sponsor, and at least one "Media" sponsor for the Event.
2 OBLIGATIONS OF TOWN:
2.1 Town shall pay to Sportspark, within ten (10) days of execution of this Agreement,
the sum often thousand ($10,000.00) dollars, which will be spent by Sportspark
directly on the fireworks. This payment shall be subject to reimbursement as
provided in section 1.2.1.
2.2 Town shall cooperate in any reasonable manner in the promotion and success of
Event, although any such support and cooperation shall be at the discretion of the
Town Manager, and shall not include any monetary payment other than the payment
provided for herein.
3 DEFAULT; ENFORCEMENT:
3.1 Any violation of this Agreement by Sportspark or any other entity contracting with
Sportspark shall be treated as a violation of this Agreement, to which Town shall be
entitled to any remedy provided at law, but at least full reimbursement of any and all
sums paid to Sportspark by Town.
3.2 In Event of a violation of this Agreement, Town will notify Sportspark of the
violation and permit Sportspark to remedy the violation within ten (10) days.
3.3 Nothing in this Agreement shall be interpreted as limiting Town's rights under any
other federal, state or local law.
3.4 In the event that Event or the fireworks show does not take place, due to strike, legal
proceedings or procedures, or for any other reason other than weather, Sportspark
shall reimburse to Town all sums paid by Town. Such reimbursement shall be made
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within ninety (90) days from the date of Event. For the purposes of this paragraph,
the fireworks show shall be deemed to have not taken place if (1) the fireworks show
is not a show prepared and presented by a professional fireworks company costing
at least fifteen thousand ($15,000) dollars and comparable to the fireworks shows
that have been presented by the City of Tucson in recent years, or (ii) the fireworks
show does not begin on the 4th of July, or is not at least fifty (50%) percent
performed on the 4th of July.
3.5 In the event that Event or the fireworks portion of the Event does not occur because
of weather, Town and Sportspark shall, in good faith, determine whether to proceed
with the event on an alternate date subsequent to the scheduled date.
3.5.1 In the event that the fireworks portion of the Event does not occur,
Sportspark shall reimburse Town all monies advanced to Sportspark by
Town, excluding direct costs associated with the fireworks portion of the
Event that have been incurred by Sportspark to date as agreed between the
parties.
4 GENERAL PROVISIONS:
4.1 This Agreement shall be effective upon the date it is signed by all parties hereto.
4.2 Each party warrants and represents that it has sufficient funds within its respective
budget to discharge the obligations and duties assumed under this Agreement.
4.3 This Agreement shall be binding on Town, Sportspark, and any other entity with
whom Sports park contracts for services to be rendered or products to be sold at the
Event.
4.4 Both parties hereto agree to comply with all applicable federal and state equal
employment laws and respective codes relating to equal employment, the United
States Immigration Reform and Control Act of 1986, State of Arizona Executive
Order No. 75-5, and the Americans With Disabilities Act.
4.5 Pursuant to ARS. ~38-511, the state, its political subdivisions or any department of
either may, within three years after its execution, cancel any contract, without
penalty or further obligation, made by the state or its political subdivisions, if any
person significantly involved in initiating, negotiating, securing, drafting or creating
the contract on behalf of the state or its political subdivisions, is an employee or
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agent of any other party to the contract in any capacity or a consultant to any other
party to the contract with respect to the subject matter of the contract.
4.6 This Agreement incorporates the entire agreement of the parties and nothing implied
or inferred shall be a part of this Agreement unless it is specifically incorporated by
written amendment to this Agreement.
4.7 Any and all notices, requests or demands given or made upon the parties hereto,
pursuant to or in connection with this Agreement, unless otherwise noted, shall be
delivered in person or sent by United States Mail, postage prepaid, to the parties at
their usual place of business.
4.8 The terms and conditions of this Agreement are separate and severable and if one
portion of this Agreement is or becomes unenforceable as a matter of law, the
validity of the remaining portions shall not be affected.
4.9 Time is of the essence in this Agreement and each and every provision of this
Agreement.
4.10 This Agreement shall be governed by Arizona law and venue shall be proper in Pima
County, Arizona.
4.11 This Agreement has been negotiated by the parties and shall not be interpreted
against the party preparing the Agreement. The parties specifically waive any
provision of the law favoring one party over another based upon preparation of the
Agreement. The paragraph titles are included for convenience purposes only and are
not to be construed as part of the terms of this Agreement.
4.12 The parties affixing their names to this Agreement hereby warrant and certifY that
they have the authority to bind the entities for which he signs, and that the entity has
agreed to enter into this Agreement and be bound of the terms hereon.
IN WITNESS WHEREOF, the parties execute this Agreement on the date hereinabove
stated.
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. . .
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this J.!JJi day of April, 1996, by
Hurvie Davis, the Town Manager of the Town of Maran a, Arizona, a municipal corporation, on
behalf of said Town.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ATE
":ounty of Pirna
,', i I:: D
, . '; , ~ ,'"c-; ; c_~ ::: ; . -, _ " '.'"> ~-', :
My commission expires:'"
~~k ~ t Q t? '1JOJ-~2/L.
Notary Public
cQ-/s---91
TUCSON SOFTBALL LTD.
by:
/.-) ,
~~4~
(
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this ~ day of April, 1996, by
~m /Y)UJ'ISorl- , the tlanera-l /J7/i.nCi~ of TUCSON SOFTBALL,
L TD., an Arizona corporation, on behalf of said corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
L e.vx;,~
Notary Public
My commission expires:
'7/;'1/'-1 g'
, #
8\11 ~ OFFICIAL SEAL
~ ~tl DENISE A. RHOADS
Notary Public. ArIzona
. PIMA COUNTY
My ~ExpirIs
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