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Home My WebLink About06504 - PALM SPRINGS SUNUP ROTARY CLUB FACILITY USE AGR FOR PLAZA MERCADO PKG LOT 4TH ANNUAL CHALK ART FESTIVAL FACILITY USE AGREEMENT (PARKING LOT- PLAZA MERCADO) This Facility Use Agreement ("Agreement") is made and entered into this 11 r µ day of µa.�G 2014, by and between the City of Palm Springs ("City") and the Palm Springs Sunup Rotary Club("User"),a California public benefit corporation concerning the use of the City- owned Plaza Mercado West Parking Lot located at 155 South Palm Canyon Drive ("Facility"). The City and User do hereby mutually agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of three days beginning on March 14, 2014 and ending March 16, 2014. 2. FACILITY USE. 2.1 Plaza Mercado Parking Lot. City grants User the use of a portion of the Plaza Mercado West Parking Lot as identified in Exhibit "A" and incorporated herein by reference. 2.2 Fees and Charges for Facility Use.There is no fee charged to the User for the use of the Facility for this event. 3. SECURITY. The User is responsible for providing security within the Facility during the time period described in Section 1 of this agreement. The User acknowledges that a portion of the Parking Structure does not have working fire sprinklers. Therefore, in addition to the normal security functions of a security officer, "security"under this Agreement also includes possessing and deploying, if necessary,working fire extinguishers by the security officers on any structure or vehicle that warrants its use during the use period. The User shall be responsible for monitoring all areas where its patrons park in the Facility during the period its patrons are parked. 4. INSURANCE. 4_1 Minimum Insurance. User shall procure and maintain,at its sole cost and expense,in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4_3 Proof of Insurance.Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement. 772566.1 I 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. User agrees to indemnify the City,its officers,agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors,omissions or liabilities(herein"Claims")that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend,with counsel acceptable to City,the City,its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility,except to the extent that the Claim arises from the sole negligence or willful misconduct of the City,its officers,agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. Palm Springs SunUp Rotary Club P.O. Box 558 Palm Springs, CA 92263 Attn: Club President [SIGNATURES TO FOLLOW] 77ss66A 2 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. CITY OF PALM SPRINGS c Date: 03/1 I�L'O 14- David H. Ready,City ana ATTEST: APPROVED BY CITY.MANAGER o�/� I120, 'k Date: —_",..— ames Thompson,City Clerk APPXI TO FORM: Date: Douglas olland,City Attorney USER By: Date: d I lis boI'-I yi stih 2>10ew.s.,r- Its: �"S;den_V (insert title) 772566.1 3 EXHIBIT "A" (WEST PARKING LOT FACILITY) Shown are the street level facilities. 'i( --—1 TT'I � �I 'R-•+c' ' I 772566.1 4th Annual Chalk Art Festival I Palm Springs Public Arts Commission and i 1 SunUp Rotary Club March 15-16, 2014 ' 155 South Palm Canyon Drive Plaza Mercado Parking Lot Site Plan (32hsra L i Showmobile ' c va � ls GJ � Ca • 55r • WO b L O 4 .• U E U c V o Q � U) L O U •• L d RegistrationlEntrance AMIL - - - sagerygCAUCaay4:�Y0, 4t' Annual Chalk Art Festival Palm Springs Public Arts Commission and I 1 SunUp Rotary Club I March 15-16, 2014 155 South Palm Canyon Drive Plaza Mercado Parking Lot EVENT SCHEDULE Thursday, March 13, 2013 No Parking Signs set up in parking lot of Plaza Mercado, 155 S. Palm Canyon Drive Friday, March 14, 2013 8:OOAM — Barricades delivered to parking lot area / Street sweeper in lot 2:OOPM — Site set up Delivery by Classic Party Rentals / Burrtec, Inc. 4:OOPM-8:OOPM - Event Set Up / Artist registration / Security Guard Arrives Saturday, March 15, 2014 6:OOAM - Volunteers Arrive / Showmobile delivered 7:OOAM — PSAV Set up at Showmobile / Competitive Artists Check In 8:OOAM - Non-Competitive Artists Check In 10:00AM-7:00PM - Event open to Public / Live Bands / DJ's play through out day. 7:00 — 8:OOPM — Event Site secured / Clean Up Sunday, March 16, 2014 6:OOAM - Volunteers Arrive 7:OOAM — 9:30AM - Competitive Artists complete artworks 9:30AM — 11:00AM — Judging takes place 11 :30AM — Award Winners announced. 12:30PM — 1 :30PM — Event closed / Site clean-up O�pALMgA City of Palm Springs " Community and Economic Development Department • * 3200 E.Ta6quirz Canyon Way • Palm Springs,California 92262 t �eoAooxntto '' TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 C gyp' Community Redevelopment Agency • Community Development Block Grant lip R� Downmwn Development • Emnumic Dcv,apmant • Hnmmg • Public Art February 24, 2014 Dear Community Member, On behalf of the City of Palm Springs, I would like to inform you of the 4th Annual Chalk Art Festival which will take place in your neighborhood at the Plaza Mercado Parking Lot on March 15-16, 2014. To accommodate this event and for the safety of the participants we will be closing a portion of the parking lot located behind Plaza Mercado at Belardo Road and Arenas Road. The parking lot closure is expected to begin at 12:00 p.m. on Friday, March 14 and will reopen at approximately 2:00 p.m. on Sunday, March 16. Overflow parking will be available at the public parking lot on Tahquitz Canyon Way adjacent to "Forever Marilyn". Five years ago, the reality of budget cuts was hitting everyone including Palm Springs Unified School District. Difficult choices were made and that included cuts to arts programs. As parents and educators, it was difficult to see some of the programs benefiting our own children being hit. We know from many studies that arts programs help students learn better, keep them in school longer and help them with creative and critical thinking. In an effort to support those programs, the City's Public Arts Commission joined the Palm Springs SunUp Rotary Club in presenting an annual Chalk Art Festival. This event brings together artists with children to create, inspire and mentor for the day. We invite all members of the community to join us at our 4th Annual Chalk Art Festival on Saturday, March 15 from 10:00 a.m. to 6:00 p.m. and Sunday, March 16 from 7:00 a.m. to noon. The funds raised from the festival will help keep arts programming alive in the Palm Springs Unified School District for another year. Some of the programs that benefited directly from our donations include the Artist in Residence at elementary schools and a steel drum band at Desert Hot Springs High School. We invite artists, students and the public to enjoy the day but to also help us keep these important programs alive. Whether you participate in the competition, listen to the live music, or simply cheer on the student and professional competitors, you will help inspiration thrive in our school district. You can find complete event information for the event at the City's Public Arts website: palmspringspublicart.org or visit PalmSpringsSunUpRotary.org Thank you in advance for your support and cooperation. Sincerely, Jennifer Henning Public Arts and Special Projects Coordinator City of Palm Springs 760-778-8408 Tenn rfer.henning(a)oal msorinosca.gov Post Office Box 2743 0 Palm Springs, California 92263-2743