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Home My WebLink AboutMountain View Productions Agreement -1997 12 08~~_ ~ '97 ~: ~P^' kRl_FG£NE~=•MER ~ ~E.C P. ~ ~h r AGREEMENT This Agreement made this ~ day of ~ t= ~-- 1997, 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 31708, 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 stags an event known as "the Winter Spectacular" at Central Winds Park; and, Whereas; Mountain View has agrced to provide family oriented entertainment at said event; and, Whereas, fountain View has agreed to provide said entertainment at no cost to the City except as provided herein and for no charge to the attendees other than the costs of food and beverages, and midway games; and, Whereas, Mountain View has agreed to provide a pyrotechnics show as part of the entertainment at the evcrat; and, Whereas, the City has agreed to make Central Winds Park available for staEing the event at no cost to Mountain View or other event sponsors; and, Whereas, the City and Mountain View wish to memorialize their agreenuat in this document. NOW THEREFORE, be it agreed by and between the City and Mountain View as follows: 1. PREIVn~. The foregoing premises are acknowledged to be tnie and correct. ~ ., ~ IJE~: 04 ' ~i7 ~ ~ ~~Phi KRL,PPENFiAC,I-ER & ASST: P ..~~' 6 ..wMJ' 2. T'E-lE EVE'~T. The event will be an all-day family oriented festival featuring nvdway fair rides and music entertainment provided by Mountain View on Saturday, Aecember 13, 1997 at the City's facility known as Central Winds Park. The Event will also include a pyrotechnics show sponsored by Mountain View on the everting of December 13, 1997. The Event is described in greater detail in the Corporate Memo attached to this Agreement and marked Exhibit "A". 3. CITY' RESPONSIBILITY. The City will makc available the Central Winds Park, including parking areas. The City will havc regular duty police officers and fire service personnel to provide general security and fire protection to the evc*~t, and will provide water and electricity (by generator) at no cost to Mountain View .4ny extraordinary security in and around rides and stage areas for musical performainces or the pyrotechnics show shall be the responsibility of and at cost to Mountain'View. On-site resuoom facilities at the Park will be open and available, but Mountain View agrees to provide portable resuoom facilities as described in Paragraph 4 at no cost to the City. The City will provide for post- event clean up of crowd related trash and debris. 4. MOUNTAIN VIEW SPONSIBA.ITY Mounrtain View shall provide all rides, musical equipment aad performers, and all personnel, equipment and materials for the pyrotechnics show, at its cost. Mountain View shall be responsible for offering all rides and shows in a safe manner and assuring secure areas where the general public will be prohibited for safety reasons. AU rides wiU bcer evidectce of all inspections required of any state, federal or local govertunent laws, regulations or ordinances. ' . • DEC ~~4 ' 97 05 ~ 03Pth KR+~PEt~IF~iC;i-ER & HSSC s ' P. 4ir~ Mountain View shall providc a minimum of seven (7) portable toilet facilities (four (4) of which shah be unisex) for the event available one-half hour before and one-hour after the scheduled time period for the event. At lease 10% of these portable toilet facilities shall meet state and federal standards for handicap accessibility. Mountain View shall providc these facilities at no cost to the City and from an authorized vender who will be raponsiblc for sanitary installation, operation, pump out and removal of al! such portable toilet units, removal to occur within forty-eight hours of the scheduled end of the event. Mountain View shall be responsible for securing, at its cost, the following insurance certificates and making them available to the City through its City Manager on or before Tuesday, December 9, 1997 by 5:00 p.m. The insurance requirements are: ^ Workers Compensation for all ez~~ployees in amounts required by state law. ^ General Liability Insurance, including coverage for nudway and kiddie rides and all musical performances in the sum of $1,000,000.00, which policy shall name the City of Winter Springs as an additional insured. ^ Genera! Liability Insurance in the amount of $1,000,000.00 for pyrotechnics show, which policy shall name the City as an additional insured. ^ Comprehensive insurance including ltre insurance, covering physical property damage in the sum of $500,400.00. • Proof of insurance on all motor vehicles in the sum of SS00,000.00/51,000,000.00 per incident ^ AlJ food service vendors shall be required to have general liability iu~surance coverage in the minimum sum of $1,000,000,00 (one million) naming the City as an additional insured. ..-~ ~c ea ~ ~~ ~ ~ e~ K~.~ry~~~~ ~ Esc P.~~h Mountain View shall leave the Park facilit3~ in the same condition as it existed prior to the e~~ent and shall remove all equipment, building materials, platforms or other structures it erects, and fill any excavations, ruts or holes in soil (unimproved areas), and patch or repair any holes or other breakage in paved areas, to the satisfaction of the City within 72 hours of the scheduled conclusion of the event. Mountain View shall locate all stages, rides and pyrotechnics equipment in an area it selects but which the City approves in writing prior to the Event. INp$MNIFICATION In addition to the insurance requirements set forth herein and in recognition of the significant -~,2 ~'1 ou ~ a' P t ~. ~ consideration of the City in making the Park available for this event, vi agie~ ~o" ~~~, indemnify and hold the City harmless for any and all liability related to the event, other then for intentional torts of City or its employees. Such iademrii8cation shall include holding the City harmless for attorneys' fees and costs of litigation, including the costs and fees of the City's own attorneys in defending any legal action relating to the event. Done and executed on the date first written above. CITY OF WINTER SPRINGS A Municipal Corporation ONALD MCL CITY MANAGER MOLT:~"TAIN VIEW PRO UCTIONS,INC. VTNCE SILA'~ SKAS PRESIDENT WITNESS(ES) '' ~~ ~~~~~ ATTEST ~' ., i ~.~ ~~ L / CORPORATE OFIrT~ER ~ ~~~-, ~~ti1~/`~ NAME UEC ~4 ' 97 ~5: ~3Pfr1 K:RIJPPEN&=X~HER & ASSC. ' ~ STATE OF FLORIDA COUNTY OF ORANGE The foregoing instru ent was acknowledged before me this ~' day of ~j~1<~.-1 1997, by Ronald McLemore, City Manager of THE CITY OF WINTER PRIN'GS, a Florida municipal co ration, on be alf of the City. He/she is ~ ersonally kn~ to me yr has produced as i ntification~ _ _ Nota~a~Py~d~c Oi~~zO L'~8 ~ y'_s ~° MY C m~as+on CC481607 Print' o ~~Na -e~-ss~e A1y y'rE of f~o~`c B00 P.r;iE STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledgcd before me this ~_ day of to ~ ~- 1997, by Vince Silankas, President vn behalf of MOUNTAIN VIEW PRODUCTIONS, INC. He is personalty known to me or has p r o d u ~c ~~ ~~e d PL~~ 0 N A/f~ i..: 1~~1/ wt1__! IL_-a5 identification. (~ /`'~ _ \ ~~ G /~' Notary Public Print_ ~ ~i.~~ `~ 1~--AC'S ~Z- My Commission Expires: -~,~;,i N~ . 41~f~ slj~gJ~q ~'~ ~~~ o~C 660609 F ~. ~ lMlon Bxp. 07/01 1.800.3•NO]'~y. ~ ~1 ,~rllrrr~Nltltr!!+'<!ltlt~ll~ q ~ ~~ ~ __ _ 11,'2-}i97 16:39 $.#07 352 3308 1larshall Ent Ins ~100•I .. „~, ja .; DATE (YY~ 9 M~) . .:..:...> e .. ..?.. _~ .. ~ OF INFORMATION i ~` ~'I~~'~" ~~~~~ ~' ~~~7HIS CERTIFICATE IS ISSUED AS A MATTER 11/ta PRODUCER ~ ONLY AND CONFERS NO RIGHITS UPON THE CERTIFICATE Marahaa Entertairtnar.' Insurance, Ine AO EpE~TF~IE COVERAGE AFFORDEQ BY THE POLICIES BEDLOW. °t:i=• 625 ~ COMPANIES AFFORDING COVERAGE 2000 Un.versal Studios Dlaza FL 32619- COMPANY Orlando _ voreh Amer'can Spec. ;407) 363-153 I COMPANY IN6UN[O B Mountain view Pzoduc~ior.a, Inc. COMPANY 612 Meadow lark Drive C FL 34711- COMPANY Claymont .35 ) 394 2255 « r ` ~~ ...:£ ... E .i .. THIS iS TO CERTIFY THAT THE pOUCiES OF IN8IJFIANCE LISTED BELOW HAVE BEEN ISSUED TO THE 14SURE0 NAMED ABOYE fOA THE POLICY PERIO CERTIFICATE MAYI ESISSUEO OR MAY PEFITA NE HE NSURANCCAFFORDED BY T4E POLlGE3 DESCRIBED HE E N 13 SUBJECT TO ALL "HE TEAM& IXCLU310N8 AND ~ONDIT!ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /OLICYEIfECTVE rOUCYEXPIRATION LIIAITS CO ~ POUCYNUYSEP DATE (NMlDOMI) DATE (YII/DDIYY) ~~ , rnE or INSURANCE ~ OE~ERALAOGgF.~ATE (sl,aao,ooc A LOENERAL UII~IUTY X I CpMMgpALGE'JEPALUAEMUTY 97223t4EI Os/14/97 06/la/9d rPF1000CT8-COAIPIOPA(1G 151,000,000 PEFGpNAL A ADY INJUgY S 1, 000 , 00_0 I 1 ONMERS L MCCNTFACTCRS PROT IIf EACH OCCURRE-~CE i 1, 000 , 000 FfRE OMMGE (My arw fln) ! 50 , 000 1YOSILL LIAEILITY ANr Auro ALL C]WNED AUTOS SCHEDtA.Ed AUTOS hIRED AUT09 NpN-O~WHED AUTOS GARAGE tJ11S1UTY -i ANY AUTC ~ E10C[SS UAOILITY { uMSRELU FnRM ! OTdEa THAN UTABRELLA FORM WORKERS COYPEIISATION AND I EY-IOYER3' LWIUTY THE PFi7PFAETOgI ~, WCL j ?ARTNEFS+IDCECI%TIVE d(CL OFFICERS AflE: OTHER i i ) ~ 1 1 I The Certificate ;colder is included as an Additional :neared. ~_._. n.,..Tr..r ~3 1997, Event: 1997 Chriatmaa 3psetacular City of Winter Springs 1;26 E. State Rd., 43a Hinter 9=rings FL 327 D6 / / ~ ,' / / / ~ / / / / / / / ~ / / MED E00' (Any orr psnon) i 5 , 000 ` CbMBINEC s1hC9L.E UMR S gODI~Y INJURY S (Pr Arson) Y I~ L' RY DIL ` S ~ ~ ~ pc~OPEg1Y pAMAC3E 5 AUTO ONLY - EA ACCJI>E911 3 OTHER THAN AUTO ONLY: EACH A[X:IDENT S EACH OCCURRENCE Az;ogEE<;A'E s ~ STATUTORY 1 / ~ ICE-J-1C-H--AC-C-I-DE-NT- 013EAS1 E . pOLK:y DISEASE • EAIJ•I E / / s 9 a s .._. _ _ SHOULD ANY OF THE AEOVE D[SCRI9ED POLICIES s[ CANCELLED EX-IRATiON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TD NAIL ~~ DAYS WRITTEN NOTICE TO TFCE CERTIFICATE HOLDER NAKED TO THE LEFT, WT rA1LYRE t0 YAIL lUCM NOTICE ifMLL IMPON NO OSLNLITiON OR LL1/EJTY OF ANY KING UPON THE COMPANY, ITS AOSNTS OR REPRESENTATiYE6. T-{OR{iED R[PRESENTATIV[