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HomeMy WebLinkAbout2007/02/13 Item 1 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: 02/13/07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ClOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON APRIL 29, 2007 FROM 4 A.M. - 10:00 P.M., WAIVING THE PROHIBITION ON SIDEWALK SALES, AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ClOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 12, 2007 FROM 4 A.M. - 10:00 P.M., WAIVING THE PROHIBITION ON SIDEWALK SALES, AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 1, 2007 FROM 1 P.M. - 10:00 P.M., AND WAIVING THE PROHIBITION ON SIDEWALK SALES, AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2007 AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT DIRECTOR OF COMMYNICATIONsoitP CITY MANAGER Jf 4/5THS VOTE: YES D NO ~ 1-1 PAGE 2, ITEM NO.: MEETING DATE: 02/13/07 BACKGROUND The Third Avenue Village Association (TAVA) is requesting the closure of Third Avenue and portions of other streets for three 2007 promotional events: . Cinco de Mayo Celebration on April 29 . Lemon Festival on August 12 . Starlight Parade on December 1 The Cinco De Mayo is an annual event. To operate the festival, the TAVA requests that Third Avenue be closed between "E" and "G" streets from 4 a.m. - 10 p.m. on the respective date of the event. Activities will include live entertainment along with approximately 200 arts; crafts and food booths. The Lemon Festival is an annual event. The TAVA requests that Third Avenue be closed between "E" and "H" streets from 4 a.m. - 10 p.m. on Sunday, August 12. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Annual Starlight Parade will be held for the 45th year. For the parade, TAVA requests closing Third Avenue between "0" and "I" streets, between Second and Fourth avenues and portions of intersecting streets from 1 p.m. - 10 p.m. on Saturday, December 1. RECOMMENDATION That the City Council adopt the resolutions: aJ Approving closure of Third Avenue from "E" to "G" streets and adjacent side streets to the alleyways on April 29, 2007 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement, waiving prohibition on sidewalk sales, and waiving business license tax for the T A V A and vendors taking part in the event. b) Approving the closure of Third Avenue from "E" to "H" streets and adjacent side streets to the alleyway on August 12, 2007 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement, waiving prohibition on sidewalk sales, and waiving business license taxes for the T A VA and vendors taking part in the event; c) Approving the closure of Third Avenue between "0" and "I" streets, "H" Street between Second and Fourth avenues, and other east-west streets that intersect Third Avenue between "0" and "I" streets on Saturday, December 1 , 2007 from 1 :00 - 1 0 p.m. for the 45th Annual Starlight Parade subject to the provisions and compliance with agreement; 1-2 PAGE 3, ITEM NO.: MEETING DATE: 02/13/07 d) Approving the agreement with the Third Avenue Village Association for Special Events 2007 and authorizing Mayor to execute said agreement. DISCUSSION April 29. 2007 - Cinco de Mavo Celebration The T A V A is requesting the following for the 2007 Cinco De Mayo: 1. The closure ofThird Avenue between "E" and "G" streets on Sunday. April 29 2. Allowing sidewalk sales for the event: and 3. A waiver of business license taxes for the T A V A and vendors taking part in the event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The TAVA will be required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to Chula Vista Police and Chula Vista Traffic Engineer's specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "G" streets remain passable for traffic. The T A V A is aware of this stipulation and will abide by it. The T A V A has requested that the business license tax for this promotional event be waived for this festival. The taxes involved include a $5 assessment to the sponsoring organization (TAVA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past the City has waived the business license tax pursuant to CVMC 5.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista. In this case, the rationale for waiving the fee is the festivol attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events. staff recommends the waiver. The event includes food booths and an alcohol tent. These areas will be operated in accordance with the regulations of the San Diego County Health Department. ABC and City of Chula Vista Fire Department and Police Department. 1-3 PAGE 4, ITEM NO.: MEETING DATE: --L- 02/13/07 Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. Auaust 12. 2007 - Lemon Festival The T A V A is requesting the following for 2007 Lemon Festival: 4. The closure of Third Avenue between "E" and "H" streets Sunday. August 12.2007 from 4 a.m. - 10 p.m.: and 5. Allowing sidewalk sales for the event; and 6. A waiver of business license tax$s for the TAVA and vendors taking part in each event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The T A V A will be required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to Chula Vista Police and Chula Vista Traffic Engineer's specifications. The City's transit system will also be affected. Tile Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. The T A V A is aware of this stipulation and will abide by it. The T A V A has requested that the business license tax for promotional events be waived for this festival. The taxes involved include a $5 assessment to the sponsoring organization [TAVA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past, the City has waived the business license tax pursuant to CVMC 5.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista. In this case. the rationale for waiving the fee is the festival attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increased sal$s tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events. staff recommends the waiver. This event includes food booths and an alcohol tent. These areas will be operated in accordance with the regulations of the San Diego County Health Department, ABC and City of Chula Vista Fire Department and Police Department. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. 1-4 PAGE 5, ITEM NO.: MEETING DATE: 02/13/07 December 1. 2007 - Starliaht Parade The TAVA is requesting the closure of Third Avenue between "0" and "I" streets and "H" Street between Second and Fourth avenues. The parade route will be along Third Avenue between "E" and "H" streets. Other areas of the closure will be used for pre- parade staging. bus parking and parade debarkation. Second and Fourth avenues will remain open to traffic at all times during the event. Chula Vista and San Diego Transit busses will continue to run during the street closure, but they will run on advertised detour routes. The parade is scheduled to begin at 5:30 p.m. and will end no later than 9 p.m. Street closures are scheduled from 1:00 - 10:00 p.m. The TAVA will be required to send notices to all businesses and residences located along the parade route. The Third Avenue Village Association is also required to provide insurance. a Hold Harmless Agreement, sanitary systems and posting of no parking signs. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. The T A V A has requested that the business license tax for promotional events be waived for this festival. The taxes involved include a $5 assessment to the sponsoring organization (TAV A) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past. the City has waived the business license tax pursuant to CVMC 5.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista. In this case. the rationale for waiving the fee is the parade attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events. staff recommends the waiver. The City's Environmental Review Coordinator has reviewed the proposed projects for compliance with the California Environmental Quality Act and has determined that the projects qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State of CEQA Guidelines. Thus. no further environmental review is necessary. 1-5 ',_1 PAGE 6, ITEM NO.: MEETING DATE: 02113/07 AGREEMENT Third Avenue Village Association and the City are entering into an Agreement for the Special Events 2007. The Agreement provides the City with indemnification for claims arising from the events. Additionally, it outlines the liability insurance requirements and duties of the Third Avenue Village Association governing the operation of the events. FISCAL IMPACT The T A V A has requested that the business license taxes be waived for the events. The tax involved is a fee of $5 to the spon~oring organization (T A V A) and a $12.50 tax for each participating vendor not currently having a Chula Vista business license. By waiving this tax, the City will forego approximately $500 in fees for each event. The majority of the costs for these events are paid by the T A V A. However. City Departments do share in some of the expenses. The following are costs by department for each T A V A event in 2006: Cinco De Mayo Festival Lemon Festival Starlight Parade PW Operations $2,935.00 $2,935.00 $3,033.00 Fire Prevention $2,621.00 $2,621.00 $0 PW Streets $1,675.00 $1,611.00 $4.490.00 Police $4,600.00 $4.700.00 $10,561.00 PW Parks $683.00 $413.00 $994.00 Total: $12,514.00 $12,280.00 $19,078.00 Costs incurred for individual departments are itemized in their respective budgets. 1-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO '9G" STREETS FOR THE CINCO DE MAYO CELEBRATION ON APRIL 29, 2007 FROM 4:00 A.M. - 10:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD A VENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association ("T A V A"); and WHEREAS, the T A V A has requested to close Third A venue from "E" to "G" Streets including adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on Apri129, 2007 from 4:00 a.m. - 10:00 p.m..; and WHEREAS, the T A V A has requested a waiver of the City's prohibition on sidewalk sales so that the T A V A can conduct the 2007 Cinco de Mayo celebrations; and WHEREAS, the T A V A has also requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085 for TA V A and vendors participating in the 2007 Cinco de Mayo celebrations; and WHEREAS, the Council finds that the festival will provide positive publicity for the City throughout the region which will generate a4ditional commercial activity and sales tax revenue; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuantto Section 15304(e) of the State CEQA Guidelines. Thus, no further environmentall review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista finds that the event meets all the necessary criteria for waiver and does hereby approve the closure of Third Avenue from "E" Street to "G" Streets from 4:00 a.m. -10:00p.m. onApri129, 2007, for the . purpose of the T A V A conducting the 2007Cinco de Mayo celebrations. BE IT FURTHER RESOLVED thatthe City Council of the City ofChula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the T A V A can conduct the 2007 Cinco de Mayo celebrations. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista finds that the event meets all the necessary criteria for wavier and approves the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participating in the 1-7 2007 Cinco de Mayo celebrations on April 29, 2007. ~;z' \ . 11 Director of Communications Approved as to form by ~YL(c2VM~ ~ oore () City Attorney 1-8 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE LEMON FESTIVAL ON AUGUST 12,2007 FROM 4:00 A.M. - 10:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS P ARTICIP A TING IN THE EVENT WHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Business Association ("T A V A"); and WHEREAS, the TAVA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Lemon Festival on August 12, 2007 from 4:00 a.m. - 10:00 p.m.; and WHEREAS, the T AVA has requested a waiver of the City's prohibition on sidewalk sales so that the TA V A can conduct the 2007 Lemon Festival; and WHEREAS, the TA V A has also requested a waiver of the Business License Tax for promotional events pursuant to Chula ViSta Municipal Code 5.04.085 for TA V A and vendors participating in the 2007 Lemon festival; and WHEREAS, the Council finds that the festival will provide positive publicity for the City throughout the region which will generate acJditional commercial activity and sales tax revenue; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m.- 10:00 p.m. on August 12,2007, for the purpose of the TA V A conducting the 2007 Lemon Festival. BE IT FURTHER RESOLVED thatthe City Council of the City ofChula Vista approves the requested waiver of the City's prohibition On sidewalk sales so that the T A V A can conduct the 2007 Lemon Festival. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista finds that the event meets all the necessary criteria for waiver and approves the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participating in the 2007 Lemon Festival on August 12, 2007. 1-9 cw~ DuectorofConunumcations 1-10 A:~d as to foqn ~y ,~nU/. tu-OA /faJZP Ann ore , City Attorney RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV]NG CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER I, 2007 FROM I P.M. - 10:00 P.M., AND WAIVING PROHIB1TION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS P ARTICIP A TING IN THE EVENT. WHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created Third Avenue Village Association ("T A V A"); and WHEREAS, the TA V A has requested the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third A venue between "D" and "I" Streets to the nearest point of detour to Third Avenue to conduct the 45th annual Starlight Parade on Saturday, December I, 2007 from I - 10 p.m.; WHEREAS, the T A V A has requested a waiver ofthe City's prohibition on sidewalk sales so that the T A V A can conduct the 2007 Starlight Parade; and WHEREAS, the TA V A has also requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085 for T A V A and vendors participating in the 2007 Starlight Parade; WHEREAS, the Council finds that the parade will provide positive publicity for the City throughout the region which will generate commercial activity and sales tax revenue; and WHEREAS, the Starlight Parade has been a Downtown and City tradition for 45 years and the City Council finds that the parade is a benefit to the Community; WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth A venues, and all other east-west streets that intersect Third A venue between "D" and "I" Streets to the nearest point of detour to Third A venue to conduct the annual Starlight Parade on Saturday, December I, 2007 from I - 10 p.m. 1-11 BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the T A V A can conduct the 2007 Starlight Parade. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista finds that the event meets all the necessary criteria for waiver and the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participating in the 2007 Starlight Parade on December 1,2007. Presented by Approved as to form by Liz Pursell Director of Communications 1-12 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2007 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City Council of the City ofChuIa Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association ("T A V A"); and WHEREAS, T A V A intends to hold a number of special events in the downtown area this year; and WHEREAS, the Agreement outlines the duties of T A V A for each of the Special Events planned for 2007; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and Third A venue Village Association for Special Events for 2007, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of ChuIa Vista is hereby authorized to execute the Agreement for and on behalf of the City of ChuIa Vista. ~~pn --uz ~sell Director of Communications 1-13 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL 4Ldt ftA~/kd{ '- Ann Moo City Attorney Dated: a I~ /C17 Agreement betwefn the City of Chula Vista and Third A venue Village Association for Special Events in 2007 1-14 AGREEMENT Between the CITYOF CHULA V[ST A, a California municipal corporation and THIRD AVENUE VILLAGE ASSOCIATION for SPECIAL EVENTS IN 2007 Recitals A. The Third A venue Village Association (T A V A) plans to stage three Special Events in 2007. B. These Special Events are the Cinco de Mayo Celebration, which will take place on Saturday, April 29, 2007, the Lemoh Festival, which will take place on August 12, 2007, and the Starlight Parade, which will take place on December 1,2007. C. The TA V A wishes to close Third Avenue and portions of other streets for these three Special Events. Agreement 1. TAVA'sDuties The T A V A shall perform each !of the duties described in Attachments A, B and C, attached to this Agreement and incorp<!lrated into this Agreement by this reference. 2. Duties of the City City Communications Staff (Staff) shall work closely with T A V A to facilitate the planning and staging of each Special Event. Staff shall coordinate two meetings between various City Departments and the T A V A to discuss all logistics, requirements, concerns and issues of both the City and the TAV A. Staff shall promote each Special Event in City publications and on the City's website. Staff shall create an emergency contact list for each Special Event. 3. Term This Agreement is effective upon the execution of the Mayor and expires on December 31, 2007. 4. Termination of Agreement If the TA V A fails to fulfill, in a timely and proper manner, any ofTA VA's obligations or duties under this Agreement, or if the T A V A violates any of the covenants, agreements or stipulations of this Agr~ement, City has the right to terminate this 1-15 Agreement by giving at least five (5) djlys written notice to the TA VA of the termination before the effective date of the termination. 5. Assignability The T A V A shall not assign or transfer any interest in this Agreement without prior written consent of City. 6. Independent Contractor The TA V A and any of the TA V A's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 7. Insurance The T A V A represents that it and its staff and agents employed by it in connection with the 2007 promotional events are protected against the risk of loss by the insurance coverage outlined in Attaclunents A, B, and C, Duties of T A V A, including naming the City, it officials, officers, !\gents, employees and volunteer as additional insured. 8. Hold Harmless T A V A agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Rele!\se of Liability executed by TA V A Special Events Manager. 9. Notices All notices to be given pursuant to this Agreement must be in writing. All notices to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the parties. 10. Entire Agreement/Amendments This Agreement, together with Attachments A, B, and C, the Group/Organization Waiver and Release of Liability, and any other written document referred to or contemplated in this Agreement embody the entire Agreement and understanding between the parties. Neither this Agreement nor any attachment or provision may be amended or modified except in writin$ executed by each party to the Agreement. 1-16 11. Capacity of Parties Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Executed this _ day of ,2007 in the City ofChula Vista, California. TAVA CITY OF CHULA VISTA BY~\RU, By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form by: Ann Moore, City Attorney 1-17 DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE CINCQ DE MAYO CELEBRATION ON APRIL 29, 2007 1. The TAVA shall provide for adequate, traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The TAVA shall provide adequate litter control during and after the event as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of ~he performing stages will be submitted for Office of Communications staff review and! approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m. 5. The TAVA shall ensure that the all$yways between "E" Street and "G" Street, east and west of Third Avenue, shall rem~in open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The TAVA shall ensure that all food- cooking vendors have a 2A 1 OBC-type fire extinguisher readily available in their booths as required by the Fire Marshal. 6. The TAVA shall ensure "E" and "G" Streets remain open to traffic in order to meet the requirements of the Fire Marshal an<ll the Transit Division. 7. The TAVA shall provide, 10 days !prior to the Cinco de Mayo Celebration, evidence of general liability insurance in the almount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agrel'lment to hold the City harmless from any liability stemming from Cinco de Mayo Celebration activities in the street. 9. The TAVA shall obtain a temporary license from the ABC for the sale of beer and shall comply with all requirements set fcprth in the license. The TAVA shall comply with all requirements of the Chula Vista Police Department. 1-18 ATTACHMENT A CINCO DE MAYO CELEBRATION 10. The TAVA shall ensure that the location of the food and beverage tents are approved by the Police and Fire Department at least 30 days prior to the event. 11. The TAVA shall ensure that sales, service and consumption of alcoholic beverages are permitted only in the areas designated on the ABC application diagram. The TAVA shall ensure that people do not take alcoholic beverages from the designated area and that no person brings alcoholic beverages inlo the designated area. 12. The TAVA shall provide one (1) security person at each public entrance and exit for each area noted in condition #11. The T A V A shall ensure that each security person wears distinctive apparel and is present in the area where consumption is taking place at all times. 13. The TAVA shall ensure that the security persons prevent people from carrying alcoholic beverages outside the designated arl!a as well as prevents people from bringing alcoholic beverages into the designated area as noted in condition 11. The T A V A shall ensure that security persons verify the age of each person who wishes to purchase or consume alcoholic beverages. 14. The TAVA shall ensure that alcoholiC beverages are only sold in distinctive paper, plastic, or Styrofoam cups and that no other containers are used for the dispensing of alcoholic beverages. 15. The TAVA shall ensure that all persons serving or dispensing alcoholic beverages are at least 21 years of age. 16. The TAVA shall ensure that no more than two (2) alcoholic beverage containers are purchased by anyone person at anyone time. 17. The TAVA shall ensure that cup size for alcoholic beverages shall not exceed 16 ounces. 18. The TAVA shall ensure that signs are posted indicating "No one under 21 years of age allowed" in the bar area. No signs are required at the food court. The TAVA shall ensure that no persons under 21 years of age are allowed in the bar area. The food court will be open to persons of all ages. If no food service is available inside the food court, it will be considered a bar area, and the TAVA shall ensure no persons under 21 years of age are present. 19. The TAVA shall ensure that a threefoot tall fence separates the bar area and food court from other public areas. 1-19 Onebox-Ol 1/18/2007 6:02 PAGE 005/014 Fax Server ~v&- ~ CHO~~srA GROUP/DRGANIZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME:~ Third Avenue Village Association EVENT NAME: Festival Cinco de Mayo EVENT DATE: 4/29/07 ON BEHALF OF THE ABOVE ORGANIZA TION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my ocganization/group or our heirs in connection with our ~articipation in the above-described event. I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any' other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of I my/ouractjons in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such' irdemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims.' I hereby certify that I have read this document, understand its content, and am authorized to sign this document on beh . of all members of the group I represent. DATE:l/17/07 SIGNATURE_ (/)" ~.,1?"'" ..~~'<1' m~'<.~Y.:':} NAME:_Jack Blakely (Please Print) TITLE: Executive Director ADDRESS: 353 Third Avenue, Chula Vista, CA 91910 Return completed Special Event Application,form, plus any additional attachments & information to: City of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 91910 . Tel: 619-691-5296 Fax: 619-409-5 Forms must be subm;tled at least 45 days priot to event start date_ Incomplete forms will not be processed. 1-20 DUTIES OF THE THIRD AVElNUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE;LEMON FESTIVAL ON AUGUST 12, 2007 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The TAVA shall provide adequate li~er control during and after the event, as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by th~ street closure. The notification must be sent by first class mail at least seven days prior t(l the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach $n excessive level. The TAVA will undertake the following measures in order to implelinent this condition: a. TAVA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m. 5. In order to meet the requirement of the Fire Marshal, the TAVA shall ensure that the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The TAVA shall ensure that all food-cooking vendors have a 2A10BC-type fire extinguisher readily available in ~heir booths as required by the Fire Marshal. 6. The TAVA shall ensure "E" and "G" Streets remain open to traffic in order to meet the requirements of the Fire Marshal an41 the Transit Division. 7. The TAVA shall provide, 10 days prior to the Lemon Festival, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number ;ind policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from Lemon Festival acti~ities in the street. 9. The TAVA shall obtain a temporary license from the ABC for the sale of beer and shall comply with all requirements set forth in the license. The TAVA shall comply with all requirements of the Chula Vista Police Department. 1-21 ATTACHMENT B LEMON FESTIVAL 10. The TAVA shall ensure that the location of the food and beverage tents are approved by the Police and Fire Department at least 10 days prior to the event. 11. The TAVA shall ensure that sales, service and consumption of alcoholic beverages are permitted only in the areas designated on the ABC application diagram. The TAVA shall ensure that people do not take alcoholic beverages from the designated area and that no person brings alcoholic beverages into the designated area. 12. The TAVA shall provide one (1) seclJrity person at each public entrance and exit for each area noted in condition #11. The tr A V A shall ensure that each security person wears distinctive apparel and is present irtl the area where consumption is taking place at all times. 13. The TAVA shall ensure that the security persons prevent people from carrying alcoholic beverages outside the designated area as well as prevents people from bringing alcoholic beverages into the designated area as noted in condition 11. The TAVA shall ensure that security persons verify the age of each person who wishes to purchase or consume alcoholic beverages. 14. The TAVA shall ensure that alcoholic beverages are only sold in distinctive paper, plastic, or Styrofoam cups and that no other containers are used for the dispensing of alcoholic beverages. 15. The TAVA shall ensure that all persons serving or dispensing alcoholic beverages are at least 21 years of age. 16. The TAVA shall ensure that no more than two (2) alcoholic beverage containers are purchased by anyone person at anyone time. 17. The T A V A shall ensure that cup size for alcoholic beverages shall not exceed 16 ounces. 18. The TAVA shall ensure that signs are posted indicating "No one under 21 years of age allowed" in the bar area. No signs are required at the food court. The TAVA shall ensure that no persons under 21 years of age are allowed in the bar area. The food court will be open to persons of all ages. If no food service is available inside the food court, it will be considered a bar area, and the TAVA shall ensure no persons under 21 years of age are present. 19. The TAVA shall ensure that a three foot tall fence separates the bar area and food court from other public areas. 1-22 Onebox-01 1/ 18/2007 6: 02 PAGE 008/014 Fax Server ~,v~ ~ - CHov.~STA GROUP/ORGANIZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZA TION/GROU P NAME:~ Third Avenue Village Association EVENT NAME: Lemon Festival EVENT DATE: 8/12/07 ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property thef1 or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my organization/group or our heirs in connection with our participation in the above-described event. I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on beh of all mem bers of the group I represent. DATE:1/17/07 SIGNATURE ",;.(:;%l~,f;.;""~-<1' NAME:_Jack Blakely (Please Print) TITLE: Executive Director ADDRESS: 353 Third Avenue, Chula Vista, CA 91910 Return completed Special Event Application form, plus any additional attachments & information to: City of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 91910 . Tel: 619-691-5296 Fax: 619-409-54 Forms must be submitted at least 45 days prior to event start date. Incomplete forms will not be processed 1-23 Page 3 ATTACHMENTC STARLIGHT PARADE DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR STARLIGHT PARADE ON DECEMBER 1, 2007 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The TAVA shall provide adequate litter control during and after the event, as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closures. The notification shall be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands and other sound- emitting devices and will make adjustments as needed. 7. The TAVA shall provide, 10 days prior to the parade, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from parade activities in the street. 9. The TAVA shall provide portable toilets along the parade route, as recommend by City staff. 10. The TAVA shall provide and post 'No Parking" signs in a form acceptable to the City Traffic Engineer, along the parade route. The TAVA shall ensure that posting takes place a minimum of forty-eight (48) hours ih advance of the event date. 1-24 Page 3 Onebox-01 1/18/2007 6:02 PAGE 014/014 Fax Server ~!lt.. Tl'~ - CH6~'~srA GROUP/ORGANIZATION WAIVER AND RELEASE OF LIABILITY ORGANIZA TION/GROUP NAME:_ Third Avenue Village Association EVENT NAME: Starlight Parade EVENT DATE: 12/1/07 ON BEHALF OF THE ABOVE ORGANIZA TION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability.. personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my o'ganization/group or our heirs in connection with our participation in the above-described event I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on beh of all members of the group I represent DATE:l/17/07 SIGNATURE_ ~ AZ. ~:, , D ()'<1" ~..- --""i!~~..---~ ...:ro. .,."""'-'- NAME:_Jack Blakely (Please Print) TITLE: Executive Director ADDRESS: 353 Third Avenue, Chula Vista, CA 91910 Return completed Special Event Application form, plus any additional attachments & information to: City of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 9'910 . Tel: 619-691-5296 Fax: 619-409-54 Forms must be submitted at least 45 days prior to event starl date. Incompfete forms will not be processed. 1-25