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R 4511WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA), in conjunction with the Horseless Carriage Club of America (HCCA), have requested the use of Heritage Square Park and public street parking adjacent to the park as outlined below, for the display of pre - 1916 era motor vehicles for an educational and public outreach event; and WHEREAS, members of the AGVIA will be responsible for costs associated with any traffic control, cleanup, and payment of all related fees and costs for use of City property and City employee time related to the event; and WHEREAS, the event will benefit the public welfare by serving as an opportunity for education and building of community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 13 -003 authorizing the following actions and use of the following described City property for the Horseless Carriage Club of America event subject to compliance with all conditions of approval as described in Exhibit "A" attached hereto and incorporated herein by this reference: Horseless Carriage Club of America Event — Tuesday, February 19, 2013 "No Parking/Tow Away" restrictions and use of street parking adjacent to Heritage Square Park on Mason Street, Nelson Street, and Short Street for the display of horseless carriage motor vehicles from 10 am to 4 pm on Tuesday, February 19, 2013. 2. The use of Heritage Square Park for activities associated with the event from 10 am to 4 pm on Tuesday, February 19, 2013. On motion of Council Member Costello, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Ray, Brown and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 12th day of February 2013. RESOLUTION N• PAGE 2 i //` ML=M7�f'ADAMS, CITY MANAGER-- TIM( HY J. C E , CITY ATTORNEY RESOLUTION NO.., 11511 CONDITIONS OF APPROVAL • ZFITMA& e This approval authorizes the, use of City p;roperty'fo.r ,the 'H'orseless C.arria'ge: CI'ub ,of America. .event :fr.•om 10 am'-to 4 pm ton Tuesday„ February '19 „'2"013 at Heritage. Square. Park. General 'Condit'ions 1. The Arroyo, Grande Village Improvernerit Association ('AGVIA) shall a's'certain. 'and corriply with ,aII..State,,, CiDurity, and: City requirements as. are applicable to, this project. Z. The :eue"n.t shall occur in substantial -confbrrnan'ce, with 'the application and plans on, file. in. the Conimuriity,D- evelopment; Department. 3.. The. AGVIA shall comply with ,all the: whdifi'bns,-of fh'e-`City Council Resolution adopted on February 12, 20113. 4. The AGVIA,shall'agree; to, defend, ndomnify and hold.tho City, its agents,, :officers', and employees harmless,, at 'its, sole expense from .aiiy action brought against' the City, 'its, agents, officers., or employees because• of said approval,, or in '•the -alterriative, to: relinquish such ,ap.proval'. 'The.AGVIA shall' reimburse ,t'h'e,-City,,, it's agents,,, officers,, or employees;, for omy •court costs ,and a'ttorney's,-foes Which,,the: City., its agents„ officers, or employees may bo-tequired by.a court to pay as -a result- of such action., The City May, at its sole discretion, participate at its own; expense in the. defense of any such action but such parficipa'tioh :shall not relieve, the AGVIA.-of his /.her .ob'ligations under this, coridit'ioii. 5,. To the full extent permifted by law;, AGVIA shall indemnify, deferid and hold harmless, the, City.,, 'its, agents,, ;off iccers -, and employees from sand against any liability (including liability for claims„ suits, :actions,, .ar"bitirabon proceedings, administrative; proceedings, regulatory proceedings, lo'sses,, expenses or costs..of any kin'd', whether actual, !alleged or threatened, 'indl'uding attorneys fees and costs,, court costs, interest, ;defe rise, zosts, and .expert witness fees)„ 'where the same- arise. out of, are a consequence of,,, or are in. ariy way,,:attributa'b.le.,to,,, in whole ior'.iri part, this Temporary .Uso ?,ermit except liability arising out oflhe, proven sole. negligence of, the City.. Public Works Department Conditions- 6. The AGVIA is responsible for, providing, trash. bags, and restroom supplies for the event. Any' supplies 'the Public 'Works; Department may need to provide must, be; reimbursed by the AGVIA., 1. The AGVIA shall have an individual d'e"s'ignated to periodically inspect the, restrooms and' -waste container-s.. That' Individual shall be respon's'ible for maintaining the: cleanliness of these areas,.and':gathering and disposing of all debris.., 8. The AGVIA shall reimburse.the City-for electrical costs associated with .speci'a'l events. :Specifically, costs.fbr'the-outle'ts by the, R`o'tary Bandstand shall be reimbursed. �9,- The AGVIA shall ;reimburse the City for” the costs, of',any Rubli'c 'Works staff services required -for -this event, including, but not,limited -to„ restroom maintenance, trash, etc. 10,: The' AGVIA ,.shall remove; any tape placed on s'treets',and parking areas. after the event. -` s •,, Eac ineering Division Conditions 11. Rest-room facilities and signing .sh'all be provided. by'the� A'GVIA, as, required. 12,. The AGVIA shall provide, a $1,.000,000.00 comprehensive general liability insurance policy naming the City as, additional insured by February, 16, 2011 1.3. The.AGVIA shall rei'mb'urse the City for the costs of Engineering Division :services and any other. City services required for this event. Buil'din'g and Life,Safety Divis'io'n Conditions 14. The project 'shall comply with the most recent, edition of ,the California State Fire and Building Code's and ,the, Uniform Building and Fire Codes- as 'adopted by the City of Arroyo Grande. Specifi'call.y;,. all tem,porar '- wiring provisions of the N.E.O. must be, met. 1.R. The Building and' Life Safety Division must inspect all -generators and temporary electri'ca'l' service prior to the opening of the event 16. Emergency access, must be• maintained to: the satisfaction of, the ,Building Official and Fire Chief., 17. The. use, of generators must be reviewed :and +approved by the Building Official.. 18,. All fire lanes must be posted and .enforced, 'in accordance with Police.. and Fire Department g.u,'idelines'. Fire:;lanes and access must be approved by the Fire Chief. 1,9,. The, AGVIA shall. identify an individual to act;as liaison with the Fire Department fo.r'the purpose of maintaining life and safety. Police Department Conditions 20. All temporary ",No Parking"' signs shall be posted a m'inimuM'of .48 hours prior to event setup (by 10:00 am, Sunday„ F'eb,ruary 17,;2­013). 21. The AGVIA -shall provide�and, -place all "No Parking" signs. I, KELLY WTOR, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4511 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 12th day of February, 2013. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of February 2013. ��