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HomeMy WebLinkAbout19215 - RESOLUTIONS - 3/18/1998 RESOLUTION NO. 19215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST BY THE PALM SPRINGS JAYCEES TO HOLD A TEMPORARY CIRCUS EVENT ON APRIL 1 AND 2, 1998, AT 272 NORTH AVENIDA CABALLEROS, R-4/R- 4VP ZONE, SECTION 14 . WHEREAS, the Palm Springs Jaycees (the "Applicant") have filed a request for a Land Use Permit to hold a temporary circus event pursuant to Section 9402. 01 of the Zoning Ordinance and Chapter 5.72 of the Municipal Code. The circus is scheduled for performances on April 1 and 2 1998, located at 272 North Avenida Caballeros, R-4/R-4VP Zones, Section 14; and WHEREAS, on March 18, 1998, the City Council of the City of Palm Springs considered said request during its regular meeting in accordance with applicable law; and WHEREAS, the Palm Springs Jaycees are celebrating their 50th year of community service and would like to sponsor the circus as part of their celebration; and NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the request by the Palm Springs Jaycees for a Land Use Permit to hold a temporary circus event subject to the conditions set forth in the attached Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED THIS 18th day of March , 1998 . AYES: Meinbers Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITX PALM SPRINGS CALIFORNIA By, City Clerk City Manager REVIEWED & APPROVED �� BY: JUDITH SUMICH City Clerk R19215 Page 2 EXHIBIT "A" CULPEPPER & MERRIWEATHER CIRCUS CONDITIONS OF APPROVAL DATE OF EVENT. : April 1 and 2, 1998 Before final acceptance of the project, all conditions listed below ' shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. 1 . The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance„ Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. Ia. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul., an approval of the City of Palm Springs, its legislative body, advisory agencies„ or administrative officers concerning this Land Use Permit. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City' s associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant 's consent but should it do so, the City shall waive further indemnification hereunder, except, the City' s decision to settle or abandon a matter following an adverse judgment or failure to appeal., shall not cause a waiver of the indemnification rights herein. 2 . The subject property shall be returned back to the original. conditions it was in prior to the circus event . 3 . The parking areas shall be watered. The: watering of the parking areas shall be continuously and shall commence three hours prior to each performance . 4 . That prior to this Land Use Permit becoming effective, the applicant shall secure an area for 133 parking spaces and submit written information verifying that adequate parking is available .