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Res 048-2010 4/6/2010 RESOLUTION NO. 48-2010 Resolution Authorizing City Representatives To License The Use Of The City's Skate Park For Skateboard Demonstrations And Tournaments WHEREAS, the City opened the Skate Park playground in 2009 at the Sports Complex; and WHEREAS, it is desirable to promote private skateboard demonstrations and tournaments at the Skate Park in order to promote greater interest in the activity and encourage tourism; and WHEREAS, Section 82-239(d) of the Wichita Falls Code of Ordinances anticipates possible tournaments and demonstrations as follows: (d) It shall be unlawful for any person to host or participate in any competitive event at the skate park unless the event has the prior approval of the parks and recreation department. WHEREAS, the City Council finds that licensing the use of the skate park will further the interests of the City of Wichita Falls and is intended to maintain the use of the skate park exclusively for the purpose of recreation in accordance with TEw�s Civi� PRacTicE & REnnE�iES Co�E §§ 75.001 through 75.004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Representatives of the City's Parks and Recreation Department are authorized to execute license agreements and other documents providing for the exclusive use of the City's Skate Park for demonstrations and tournaments, including, but not limited to, the attached License Agreement. PASSED AND APPROVED this the 6th day of April, 2010. � MAYOR ATTEST: '� i Clerk 1 License for Exclusive Use of the City's Skate Park City of Wichita Falls Parks and Recreation Department Effective May 2010 Purpose The purpose of this document is to permit private use of the Skate Park for a fee at the Sports Complex. Events The City Program Coordinator will be responsible for use of the Skate Park. License Agreement must be executed at least one month in advance of the requested date. An Event Director designated by the licensee will be responsible for coordinating all event activities. It is the responsibility of the Event Director to ensure the contents of this agreement are adhered to by all parties involved in the event. Boundaries of Skate Park use. Approximately 50 feet beyond the concrete paving of the Skate Park. License does include the parking lot. Licensee may install temporary fencing after determination of fencing suitability by the Program Coordinator. Sales The licensee may charge and collect an admission fee, entry fee, registration fee, as well as sell food and drink items and merchandise. The licensee must pay the City by the next working day after the event, in cash, cashiers check, money order, or Visa/MasterCard, the following percentages of gross sales. 16% of food and drink items. All applicable Health Department regulations must be followed. 10% percent of admission fees, entry fees, registration fees, and for donations in lieu thereof collected at the course. 5% percent of inerchandise, including programs, clothing, amusements, artwork, souvenirs, etc. License Agreement Licensee shall pay in advance a license fee of $150 per half day (six hour block of time) and a security deposit of $100. If, before 30 days prior to the event the licensee informs the City program director the tournament has been cancelled, 85% of the license fee and 100% of the security deposit will be refunded. After this time 50% of the license fee and 100% of the deposit will be refunded. After the event an inspection of the Skate Park by Parks and Recreation Department staff will be made. If clean up of litter, spills, and any turf damage repair is satisfactory and licensee has paid required percent of gross sales occurring on the skate park property, the $100 deposit will be returned to the licensee. Any cleanup or damage expense will be deducted from the $100 deposit. Any additional maintenance work required prior to, during or after the event beyond the $100 deposit will require an additional charge over the deposit to cover City cost. Signs Signs will be permitted by the licensee at the licensed Skate Park if displayed in a tasteful manner. Signs must not be attached to existing City signs. Painting on pavement is not permitted. Posts for signs may be driven into the turf areas with the understanding the licensee is responsible for any damage to underground irrigation piping and backfilling of holes in turf after posts are removed. Event rules Skate Park licensee may close the facility for the entire time of the license. Event must comply with all site posted rules and regulations. Failure to abide by the above policies will affect future consideration of Skate Park license to licensee. SKATE PARK LICENSE AGREEMENT DATE OF LICENSE: SIX HOUR LICENSE BLOCK TIME LICENSEE'S EVENT DIRECTOR: PHONE: HM(_� WK(_� CELL(_� E-MAIL LICENSE FEE PER HALF DAY (SIX HOUR BLOCK) $150 $ SECURITY DEPOSIT PER EVENT $100 $ TOTAL PAYMENT DUE: $ THE FOLLOWING PERCENT OF GROSS SALES PAYMENT DUE TO CITY THE NEXT WORKING DAY AFTER TOURNAMENT 16% OF FOOD AND DRINK SALES 10% OF ADMISSION, ENTRY, REG[STRATION FEES OR DONATIONS IN L[EU OF FEES 5% OF MERCHANDISE SALES LICENSEE'S EVENT DIRECTOR DATE CITY PROGRAM COORDINATOR DATE