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Home My WebLink About89-85 - ADMIN Resolution - City Council - 1989/06/19JUNE 19, 1989 *8g RESOLUTION NO. 89-85 GRANTING TEMPORARY USE OF CITY PROPERTY WHEREAS, Veterans of Foreign Wars has made application to the City Council to use the hereinafter described property for the following uses: to hold a fireworks display and WHEREAS, said use of the property will be to the public interest and will not interfere with any public use of the same, therefore BE TT RESOLVED by the City Council: 1. That permission is hereby granted to Veterans of Foreign Wars to use and occupy, for the period of one day, July 4, 1987, to hold the fireworks display at the following de -scribed City property, Aquila Park, to wit: North one-half of southwest one-quarter of northeast one-quarter lying southeast of railroad right-of-way except said right-of-way, Section 18, Township 117, Range 21 2. The authority and permission herein granted shall be confined to use of said property for the following purposes: to hold a fireworks display. 3. The permission herein granted is subject to the following conditions and until such conditions have been complied with the permit shall not be effective for any purpose: (a) The above applicant to whom permit is hereby extended shall file with the City Clerk a policy of comprehensive general liability insurance, approved as to form by the City Attorney, which shall insure the City as well as the permittee against liability Imposed by 1dw for bodily injury or death, in the sum of 5200,000 for any one person and in the sum of $500,000 for two or more persons for the same occurrence, and for damages to property in the sum of , ?no,o0o, including but not limited to liability arising out of any possession or use of fireworks on City property. The permittee shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which they may suffer or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the use of City property as provided in each permit by the permittee, its employees, agents or contractors, whether or not caused in part by a party indemnified hereunder. (b) The said permittee shall deposit with the City Treasurer the sum of $100.00 to reimburse the City for any costs incurred for cleaning the property or restoring it to its previous condition following -the use thereof by the permittee. Within ninety days following termination of the permit period the City Treasurer shall refund to the permittee such portion of said deposit as the City Manager shall certify as not required by the City for the purposes above set forth. (c) The permit fee has been waived. 4. Upon filing of the insurance policy and payment of the deposit provided in the preceding paragraph, the City Manager shall issue a permit which shall be subject to the following conditions: (a) The premises shall be used only for the purpose set forth in paragraph 2, above (b) No unlawful activity shall be permitted upon the said premises. (c) The permittee shall secure from the City any license or permit required in order to conduct the activity or operation to be carried on within the premises. (d) Any activity or operation within the premises which shall tend to become a nuisance or annoyance to the occupants of adjoining property shall be subject to the control of the City Manager, and the permittee shall comply with any notice or direction from him in this regard. (e) On termination of the permit period the permittee shall vacate the premises and remove all property placed thereon and shall clean and restore the premises as near as practical to the condition in which they were at the time the permittee shall have taken possession thereof. (f) Fireworks shall not commence later than 9:45 p.m. Sponsoring group shall require that insurnace is carried in the amounts and in the manner set forth in paragraph 3, subd. a., and in addition thereto to protect the public against loss by damage resulting from fireworks display. Only duly qualified persons may fire the fireworks. 5. The permit granted pursuant to this resolution may be terminated at any time by the City Manager or by the City Council Adopted by the City Council June 19, 1989. Attest: 4? ity Clfrk Reviewed for administration: G�(-/0)014 City Manager Approved as to form and execution: