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HomeMy WebLinkAbout2008/04/08 Item 3 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~(ff:.. CITY OF TI_ - (HULA VISTA APRIL 8 2008, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "E" STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 4, 2008 FROM 4 A.M. - 10:00 P.M 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 ro, 2008 FROM 4 A.M. - ro:OO P.M. 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 2008 DIRECTOR OF CO CITY MANAGER .-,-..... L/ CATIONSp 4/5THS VOTE: YES B NO ~ SUMMARY The Third Avenue Village Association (TA V A) is requesting the closure of Third Avenue and portions of other streets for two 2008 promotional events: . Cinco de Mayo Celebration on May 4 . Lemon Festival on August 10 The Cinco De Mayo is an annual event. To operate the festival, the TA V A requests tbat Third Avenue be closed between "E" and "G" streets from 4 a.m. - 1 0 p.m. on the respective date of the 3-1 APRIL 8 2008, Item~ Page 2 of 5 event. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Lemon Festival is an annual event. The T A VA. requests that Third Avenue be closed between "E" and "II" streets from 4 a.m. - 10 p.rn. on Sunday, August 10. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. ENVIRONMENTAL REVIEW 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. RECOMMENDATION That the City Council adopt the resolutions: a) Approving closure of Third Avenue from "E" to "G" streets and adjacent side streets to the alleyways on May 4, 2008 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement 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 10, 2008 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement and waiving business license taxes for the TA V A and vendors taking part in the event; c) Approving the agreement with the Third Avenue Village Association for Special Events 2008. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Mav 4. 2008 - Cinco de Mavo Celebration The TA V A is requesting the following for the 2008 Cinco De Mayo: 1. The closure of Third Avenne between "E" and "G" streets on Sunday, May 4 2. 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 T A V A will be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system will also be affected. The Transit Coordinator's staffhas agreed to the closure as long as "E" and "G" streets remain passable for traffic, The TA 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 (TA VA) and a 3-2 APRlL 8 2008, Item~ Page 3 of5 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 TA VA 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 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. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. August 10. 2008 Lemon Festival The TA V A is requesting the following for 2008 Lemon Festival: 3. The closure of Third Avenue between "E" and "H" streets Sunday, August 10,2008 from 4 a.m. -10 p.m.; and 4. A waiver of business license taxes for the TA V A and vendors taking part in each event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The TAV A will be required to coordinate with the City's Police Department and prepare a traffic control plan to their 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 "H" streets remain passable for traffic. The TA V A is aware of this stipulation and will abide by it. The TA 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 (TA V 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 TA VA 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 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. 3-3 .... APRIL 8 2008, Item ~ Page 4 of 5 Tills 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 Tbird Avenue Village Association are listed in the agreement between the City and Tbird AvenueVillage Association. AGREEMENT Tbird A venue Village Association and the City are entering into an Agreement for the Special Events 2008. The Agreement provides the City with indemnification for claims arising from the events. Additionally, it outlines the liability insurance requirements and duties of the Tbird Avenue Village Association governing the operation of the events. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject of this action. 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 sponsoring organization (TA 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 City Manager has agreed to become a Premier Sponsor at each of the 2008 events in the amount of $3,000 each. Premier Sponsor Benefits include: logo recognition on banners, print advertising, posters, web site, and t-shirts, Y. page ad in the official event program, 2 10' x 15' booth spaces and 10 VIP Hospitality Area tickets. The TA V A is responsible for all other costs associated with the festivals. The following are approximate costs provided by each department. T AVA will be required pay for the City services associated with producing the event: Cinco De Mavo Lemon Festival PW Operations $1,800.00 $1,800.00 Fire Prevention $2,960.00 $2,960.00 PW Streets $1,540.52 $1,682.50 Police $6,476.97 $6,476.97 PWParks $598.54 $669.82 Sponsorship credit: <$3,000> <$3,000> Total: $10,518.01 $10,589.29 ATTACHMENTS 3-4 APRIL 8 2008, Item ~ Page 5 of5 . Group/Organization Waiver and Release of Liability . Duties of the Third Avenue Village Association for the Chula Vista Third Avenue Cinco De Mayo Celebration and the Chula Vista Third Avenue Lemon Festival. Prepared by: Stephanie Kingston, Special Events Planner, Office of Communications 3-5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 4, 2008, FROM 4:00 AM. TO 10:00 P.M., AND WAIVING THE BUSINESS LICENSE TAXES FOR THE THIRD AVENUE VILLAGE ASSOCIATION AND THE VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association (TAVA); 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, on May 4,2008, from 4:00 a.m. to 10:00 p.m. in order to conduct the Cinco de Mayo Celebration; and WHEREAS, the T A V A has requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085(A) for TA V A and vendors participating in the 2008 Cinco de Mayo celebrations; and WHEREAS, the Council finds that the festival will help promote and publicize the City of Chula Vista throughout the region and will generate additional 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 1 5304(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 of Chula Vista does hereby approve the closure of Third Avenue from "E" Street to "G" Street from 4:00 a.m. to 1 0:00 p.m. on May 4, 2008, for the purpose of the T A V A conducting the 2005 Cinco de Mayo celebrations. J:\AtlQrneyIRESOICOMMUINCATIONS\Streel closull: for Cinea de Mayo_04.0S.08.DOC 3 _ 6 Resolution No. 2008- Page 2 BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista fmds that the event meets all the necessary criteria for waiver identified in Chula Vista Municipal Code Section 5.04.085(A) and approves the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participating in the 2008 Cinco de Mayo celebrations on May 4, 2008. Presented by Liz Pursell Director of Communications J:\Auomey\RESO\COMMUlNCATIONS\StTeet c1o$ure for Cinco de Mayo_04-08-08.DOC 3 _ 7 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET FOR THE CHULA VISTA LEMON FESTNAL ON AUGUST 10, 2008, FROM 4:00 A.M. TO 10:00 P.M., AND WAIVING THE BUSINESS LICENSE TAXES FOR THE THIRD AVENUE VILLAGE ASSOCIATION AND THE VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Business Association (T A VA); and WHEREAS, the T AVA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Lemon Festival on August 10,2008, from 4:00 a.m. to 10:00 p.m.; 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 2008 Lemon festival; and WHEREAS, the Council finds that the festival will help promote and publicize the City of Chula Vista throughout the region and will generate additional 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 proj ect qualifies for a Class 4 categorical exemption pursuant to Section 15 304( 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 of Chula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Street from 4:00 a.m. to 1 0:00 p.m. on August 1 0, 2008, for the purpose of the T A VA conducting the 2008 Lemon Festival. J:\Altomey\RESO\COMMUINCA TIONS\Street closure for Lemon F'estivaUJ4...08-08.DOC 3 _ 8 Resolution No. 2008- Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista finds that the event meets all the necessary criteria for waiver identified in Chula Vista Municipal Code Section 5.04.085(A) and approves the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participating in the 2008 Lemon Festival on August 10, 2008. Presented by Liz Pursell Director of Communications ];lAttomeyIRESOICOMMUINCA TIONS\Slreel closure for Leman Festival 04-08-08.DOC 3 - -9 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2008 WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association (TAVA); and WHEREAS, TA V A intends to hold a number of special events in the downtown area this year; and WHEREAS, the Third Avenue Village Association (TAVA) is requesting the closure of Third Avenue and portions of other streets for two 2008 promotional events: (a) Cinco de Mayo Celebration on May 4,2008, and, (b) Lemon Festival on August 10,2008; and WHEREAS, T A V A and the City of Chula Vista seek to enter into an agreement for the Special Events in 2008; and WHEREAS, this agreement provides the City with indemnification for claims arising from the events; and WHEREAS, the agreement also outlines TA V A's liability insurance requirements and duties governing the operation of the events. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between City of Chula Vista and Third A venue Village Association for Special Events for 2008. Liz Pursell Director of Communications Presented by J:\AttorncyIRESO\AGREEMENTS\Third Ave Village Assn for special events in 2008_04'og~~OO THE A IT 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 CO CIL Ann Moore City Attorney Dated: J/21/0b I Agreement between City of Chula Vista, a California municipal corporation, and Third Avenue Village Association for Special Events in 2008 3-11 AGREEMENT Between the CITYOF CllliLA VISTA, a California municipal corporation and THIRD AVENUE VILLAGE ASSOCIATION for SPECIAL EVENTS IN 2008 Recitals A. The Third A venue Village Association (T A V A) plans to stage two Special Events in 2008. B. These Special Events are the Cinco de Mayo Celebration, which will take place on Saturday, May 4, 2008, and the Lemon Festival, which will take place on August 10, 2008. C. The T A V A wishes to close Third Avenue and portions of other streets for these two Special Events. Agreement 1. TA V A's Duties The TA V A shall perform each of the duties described in Attachments A and B, attached to this Agreement and incorporated into this Agreement by this reference. 2. Duties of the City City Co=unications 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 AVA to discuss all logistics, requirements, concerns and issues of both the City and the TA VA. 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, 2008. 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 Agreement, City has the right to terminate this 3-12 Agreement by giving at least five (5) days 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 T A V A and any of the T A VA'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 2008 promotional events are protected against the risk of loss by the insurance coverage outlined in Attachments A and B, Duties ofTA V A, including naming the City, it officials, officers, agents, employees and volunteer as additional insured. 8. Hold Harmless TA 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 Release of Liability executed by T A 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 and B, 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 writing executed by each party to the Agreement. 3-13 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 , 2008 in the City of Chula Vista, California. By: CITY OF CHULA VISTA TAVA By: Cheryl Cox, Mayor Attest: Donna Norris, Interim City Clerk Approved as to form by: Ann Moore, City Attomey 3-14 DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION ON MAY 4,2008 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's 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 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. 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 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 and the Transit Division. . 7. The TAVA shall provide, 10 days prior to the Cinco de Mayo Celebration, 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 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 forth in the license. The TAVA shall comply with all requirements of the Chula Vista Police Department. 3-15 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 into 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 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 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 three foot tall fence separates the bar area and food court from other public areas. 3-16 ~lf? --- ~ OIYOF CHUIA VISTA GROUP/ORGANIZATION WAIVER, RELEASE, AND INDEMNITY AGREEMENT IN CONSIDERATION OF approving the closure of_Third Ave from_4 am_ to 10 pm_on _May 4, 2008 through _May 4, 2008 and the use of the City right-of-way for the Cinco de Mayo Festival ("Evenf'), the undersigned, on behalf of the -Third Ave Village Association ("Organization/Group") does: 1. UNCONDITIONALLY AGREE TO W AlVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the City of Chula Vista, its officers, agents, and employees ("City"), from any and all claims and causes of action, whether in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or successors in interest may have for any LIABILITY, LOSS, DAMAGE, or INJURY, including liability for personal injury, death, dismemberment, damage to property, or theft, arising out ot; related to, or in connection with the above-referenced Event, whether caused or claimed to be caused by the active or passive negligent acts or omissions of the City. 2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the City from and against any and all liability, including but not limited to claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, injuries, or payments for injury to any person or property, including injury to myself or members of the Organization/Group, its employees, agents, or officers, caused or claimed to be caused by the acts or omissions of myself, the Organization/Group, its officers, employees, and agents, arising out at; related to, or in any way connected with the above-referenced Event. Also covered is liability arising from, connected with, caused by, or claimed to be caused by, the active or passive negligent acts or omissions of the City that may be in combination with the active or passive negligent acts or omissions of myself, the Organization/Group, its officers, employees, or agents, or any third party. The duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City. 3. AGREE AND EXPRESSLY ACKNOWLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion of this Agreement is held invalid, that the balance shall continue in full force and effect. 4. CERTIFY that I have the authority to sign this document on behalf of the Organization/Group and myself. 5. UNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City OfChula Vista is relying on my representation that I have authorization to sign this document and that I will provide all members of the Organization/Group a completed copy of this Waiver, Release, and Indemnity Agreement prior to our participation in the Event. 6. CERTIFY that I have read this document, understand its content; voluntarily sign this Waiver, Release, and Indemnity Agreement; and further agree that no oral representations, statements, or inducements apart from this written agreement have been relied upon. 'mNAmqod ~1,; NAME: J4c..-Kb/rl- '1 (Please Print) .. TITLE: \:: 'C IJ r 12-" c 1-or( DATE: ORG/GROUP: ADDRESS: 412108 'lit u 4- :< 'E;'? ~-' l2-d flu'"""", cl,,,,,((I\. U, <;,-fI~ (k "1(9/ i) Return completed Special Event Application fonn, plus additional attacbments & information to: City OfChula Vista- Office of Communications _ 276 Fourth Avenue, Chula Vista, CA 91910. Tel: 619-691-5296 Fax: 619-409-5448 Forms must be submitted at least 45 days prior to event start date. Incomplete forms will not be processed 3-17 . - DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 10, 2008 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's 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 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 "EO" 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 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 and 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 and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from Lemon Festival 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 forth in the license. The TAVA shall comply with all requirements of the Chula Vista Police Department. 3-18 ATTACHMENT 8 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 T A V A 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) 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 area 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 three foot tall fence separates the bar area and food court from other public areas. 3-19 / ~~ .a .3 ~~ ~\c1.\c..~~ City of Chula Vista 315 'F' Street Chula Vista, CA 91910 (619) 476-5301 fax (619) 409-5435 Invoice No. Customer Name TAVA ti Address I, 0 u;, .,., r . L-i City l. '(; -, I., . ="6" "fl' Phone /( l41J 4- L ,..,...., .r;: INVOICE !!IS c C..., ~<2 Date 2/112008 Order No. Rep FOB Hrs Description Hr Rate TOTAL 11 1 - Police Agent (1100-2200 hours) $158.11 $1,739.23 33 3 - Police Officer (1100-2200 hours) $143.57 $4,737.74 $n.12 $84.82 SubTotal $6,476.97 Payment Details '\ Shipping & Handling .~ @ Taxes State 0 0 TOTAL $6,476.97 Name CC# Expires I Office Use Only This is the actual cost for the 2008 Clnco De Mavo FestIval. ESTIMA TE ONL Y 1 City of Chula Vista 315 'F' Street ChulaVista, CA 91910 (619) 476-5301 fax (619) 409-5435 Invoice No. 16 INVOICE - Customer Name TAVA Address City Phone . . \ , . Date Order No. Rep FOB 2/112008 -- Hrs Description Hr Rate TOTAL ~- 11 1 - Police Agent (1100-2200) $69.86 $768.46 33 3 - Police Officer (1100-2200) $63.43 $2,093.19 SubTotal $2,861.65 Payment Details '\ Shipping & Handling @ Taxes State 0 0 TOTAL $2,861.65 Name CC# Expires I Office Use Only This is an estimate onlv for Police Services for Cinco de Mavo at overtime Dlus 20% ESTIMATE ONL Y