Exhibit CC 02-25-14 Item #5 Joint Use Agreement Main StreetCC
- 2/25/2014
0-5—
Joint Use Agreement Topics
The Joint Use Agreement primarily covers topics associated
with the use and operation of i:he Main Street Park and Town
Square; including parameters for the following topics:
• Use of public restroom facilities
• City's rights of access
• Insurance standards
• Indenmification
• Maintenance
1
Joint Use se Agreement
Key :Provisions
Main Street Park
• The City shall be entitled up to six (6) dates per calendar year to make use of the
Park for City activities open to the general public.
• The Retail Owner and Center Association shall have the right to conduct special
events by and through the restaurant tenants- of the Retail Owner on weekdays
and up to 50% of the weekends during each year.
• The Park shall be available to the general public for passive park use.
Town Square
• The Town Square shall be available for the use of the retail component of the
development.
• The City shall be entitled up to four (4) dates per calendar year to make use of
the Town Square for City activities open to the general public.
Staff Recommendation
Staff recommends that the Council approve the Joint
Use Agreement as written.
2/25/2014
RIA
cc
f. Special Events Permitted in Main Street Park. The Main Street Park shall
be open and available to the Owner and the Center Association as specified in the provisions of
subsections 2.g and 2.h., below, and expressly subject to and including the City's rights of first
refusal of selection of dates for City Special Events set forth in subsection 2.11, for the use by-the
restaurant tenants of the Owner of Parcel 1, as -the "Retail Parcel" ( "Retail Owner ") as detailed
as authorized "Special Events" in subsection 2.g, below.
g. Limitations upon Special Events for Main Street Park. The Retail Owner
and the Center Association shall have the right to conduct Special Events by and through
restaurant tenants of the Retail Owner as "Event Sponsors ", to conduct Special Events in the
Main Street Park on weekdays and on weekends, subject to the limitation that these Special
Events shall not occupy the Main Street Park for more than 50% of the weekends during each
year. The Special Events shall not include sale of merchandise by any such restaurant tenants or
by any retail tenants of the Owner. The Special Events shall not include amplified music or
sound. The Special Events shall be conducted only between the hours of dawn to dusk The
Owner and the Center Association shall have t:he .right to schedule such Special Events in the
Main Street Park by making arrangements with the City's Parks Director, subject to the City
rights of first refusal for selection of dates as stated in subsection 2.h, below. The Owner and
the Center Association shall provide the City's Parks Director with a monthly list of Special
Events no later than the first day of the month preceding the event. The Owner and the Center
Association shall provide a minimum of thirty (30) days for events requiring Fire or Building
Division review, and fifteen (15) days prior notice for all other Special Events. The City's Parks
Director shall ensure that no conflicting uses of the Main Street Park are allowed or approved
during a Special Event. City and Owner agree -to make all reasonable efforts to coordinate in
scheduling Special Events. The Owner and Center Association shall designate one person as
point of contact with the City for the Special Event scheduling and shall not have individual
restaurant tenants contact the City.
h. Scheduling of City Special Events for Main Street Park. The City and
Center Association representatives shall meet annually to determine the calendar for City
Special Events for the Park. The City shall have right to select no more than six (6) dates for
such City Special Events. The City shall have the first right of refusal for selection of these six (6)
dates for such City Special Events. Scheduling of additional Special Events by the City shall
require approval by the Retail Owner and the Center Association, which not be unreasonably
withheld. The Center Association shall ensure that no conflicting uses of the Main Street Park
are allowed or approved during a City Special Event. City and Owner and Center Association
agree to make all reasonable efforts to coordinate in scheduling City Special Events.
L City Special Events shall be open to the general public and may
include events or a fundraisers for a 501(c)(3) organization.
ii. City shall not permit food trucks to participate in City Special
Events.
iii. Such City Special Events may be held on weekends or legally
recognized Holidays.
iv. The City may require that an event sponsor reimburse the City for
any costs incurred by the City for a City Special Event.
v. The City shall be responsible for any costs of repair of damage that
occurs to the Main'Street Park from the City Special. Events and the costs
of clean up which result from the City Special Events.
vi. The organizers /operators of any City Event shall be responsible for
obtaining reasonable levels of liability insurance, providing any required
temporary toilet facilities and security and for cleanup for the event.
4
C`.\ Users \stephenr \AppData \Local\ Microsoft \Windows \Temporary lnterFIEA Files \Content.Outlook \GSF65XXZ \Main Street Joint Use
Agreement 02 2114 F.docx