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Home My WebLink AboutMountain View Productions Agreement -1998 03 10 AGREEMENT This Agreement made this /0 day of f1f.lr<...l , 1998, by and between Mountain View Productions, Inc., hereinafter called "Mountain View", and the City of Winter Springs, Florida, a Municipal Corporation, located at 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter called "the City", and is based on the following premises: Whereas, Mountain View Productions, Inc., is a Florida Corporation; and Whereas, the City and Mountain View are cooperating to stage an event known as "Springfest 98" at Central Winds Park from Tuesday, March 24, 1998 through Saturday, March 28, ] 998, and Whereas, Mountain View has agreed to provide family oriented entertainment at said event; and Whereas, Mountain View has agreed to provide a program of pyrotechnics, a \ recreational/sport vehicle display/show, midway rides, games and food, as part of the entertainment at the event; and Whereas, the City has agreed to make Central Winds Park available for staging the event, and Whereas, the City and Mountain View wish to memorialize their agreement in this document. NOW THEREFORE, be it agreed by and between the City and Mountain View as follows: 1. PREMISES The foregoing premises are acknowledged to be true and correct. 2. THE EVENT ... The event will be a family oriented festival featuring midway fair rides and games, recreational sports vehicle show/display show and a pyrotechnics show each evening. The dates and times for the Festival are: (hereinafter called hours of operation) Tuesday through Friday 5:00 p.m. to ] 1 :00 p.m., Saturday from 10:00 a.m. to 12:00 p.m. / 1 / ., 3. RESPONSIDILITIES OF THE CITY The City will provide: * The main parking lot, entire amphitheater and passive area for Mountain View exclusive use during this period and for move in after 5:00 p.m. Sunday preceding, and move out by 5:00 p.m. Tuesday after event. * Access to existing 100 amp electricity service at amphitheater. * Water, Trash, Restrooms existing in par~ and continuous clean-up during the event. * Four police officers (two (2) inside and two (2) outside at S.R. 434) during stated hours of operation of the Festival * Fire and emergency vehicles and crews during fireworks displays as per permit. * Explorer Scouts (Police Department) for internal Policing. * The Winter Springs High School parking may be used if required during hours of operation. (with permission of the School affirmed on 2/26/98) * Two (2) Parks Department employees for traffic, clean-up, general control, , aesthetics and health during all hours of operation. 4. MOUNTAIN VIEW RESPONSmILITY Mountain View shall provide: * A Midway with approximately 20 rides - Large rides shall be set-up in parking area - Smaller youth rides may be accommodated on amphitheater area grass * A planned layout for rides a minimum of five (5) work days in advance of the event. * "Big Toys for Big Boys" sports/recreational vehicle show and display on Amphitheater grassy area * Fireworks nightly at 9:00 p.m. to be staged per permits and fire safety standards. - Music and Show estimated at seven (7) to twelve (12) minutes long in total * A safety cone marker for walkway from School parking area to main entrance of the . I / Festiva . ,I / 2 * Games staged among midway rides. Family-type games with no "barkers". * Food - family-type with one side-down tental patio area and smaller units. * Space for Community Non-Profit groups to display or otherwise use free of charge (Note: any commercial display or booth arrangement to be made through Mountain View) * All internal overnight (close to open times) security. * All security for areas not open to the public such as music performance and staging areas, fireworks launch and storage areas, and midway ride equipment areas. * Lights and lighting, music, public address, sound equipment. * Porta-Potties and tents as event requires (City permits) * Gate collectors for entrance fees * Tree-type lighting stand at S.R 434 entrance to illuminate appropriate sign and entryway. * All signs needed from entrance through park to parking areas, event entrance, fireworks viewing areas, restrooms. City must review and approve all signs. Any \ signs off park property shall comply with City Code.. * All advertisement and press releases. 5. AUTHORIZED CHARGES TO THE PUBLIC Mountain View will collect charges from the public as follows: Entry at Main Gate and from baseball fields. Adults: $3,00, Youth: $1.00. No parking fees are to be charged. Rides will be provided as follows: One week day and Saturday 10:00 a.m. to 6:00 p.m. $10.00 arm-band (all rides during that time period) tickets will be offered. Rides - All days: Kiddie Rides': .50 per ticket (one or two tickets depending on type of ride) Regular Rides: .50 per ticket (thr~e to four tickets depending on type ofride) / ! ./ 3 , 6, FOOD SERVICE Food shall be provided through a variety of concessionaires. All food service vendors shall have all required State, Federal or local health or food handling licenses or certificates on display at the food service facility. (Note: City concessions will be provided at ballfields only) 7. RIDES Mountain View shall be responsible for offering all rides and shows in a safe manner and providing secure areas where the general public will be prohibited for safety reasons. All rides will bear evidence of all inspections required of any State, Federal or local government Jaws, regulations or ordinances. 8. PERMITS Mountain View shall be responsible for securing all required local, State and Federal permits. The City of Winter Springs will waive City permit fees. 9, METHOD OF COMPENSATION Mountain View shall compensate the City for use of the park and for all City costs as follows: Mountain View guarantees City $5,000 cash payable within 30 days , of the event to cover City direct costs and to pay City ten percent (10%) of the gross gate receipts. 10. PARK CONDITIONS A. Mountain View shall leave the Park facility in the same condition as it existed prior to the event and shall remove all equipment, building materials, platforms or other structures it erects, fill any excavations, ruts or holes in soil (unimproved areas), and patch or repair any holes or other breakage in paved areas, to the satisfaction of the City within thirty days of the scheduled conclusion of the event. B. Mountain View shall locate all stages, rides and pyrotechnics equipment in an area it selects but which the City approves in writing prior to the event. 11. INSURANCE/JNDEMNIFICA TION/HOLD HARMLESS A. In addition to the insurance requirements set forth below, and in recognition of the significant consideration of the City in making the Park available for this event, Mountain View Productions agrees to indemnify and hold the City harmless for any and all liability related to the event, other than for intentional torts of City or its , . employ~es. Such indemnification shall include holding the City harmless for attorneys' fees a,n'd costs oflitigation, including the costs and fees of the City's own attorneys 4 . in defending any legal action relating to the event. The City pays the sum of $10.00 to Mountain View as a part of the consideration for this clause. R In addition to the general indemnification provided for above, Mountain View will provide the City insurance for this event as follows: 1) $1 Million from Mountain View insuring City against any general liability or property damage claims relating to the event. 2) $1 Million per incident/$2 Million aggregate for fireworks Company, Mountain View and the City. 3) $1 Million per incidenU$2 Million aggregate insuring City for Midway, Food, Concessions and event claims. Mountain View will provide the City copies of all policies at least three (3) working days prior to opening of events. Done and executed on the date first written above. CITY OF WINTER SPRINGS MOUNTAIN VIEW PRODUCTION, INC- A Municipal Corporation \ ~~ President WITNESS(ES) ~A.~ (V ~rf!l~' 5