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R 4177 RESOLUTION NO. 4177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TEMPORARY USE PERMIT 09- 003 AUTHORIZING THE USE OF THE PARKING LOT OF CITY LEASED PROPERTY (111 SOUTH MASON STREET) FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL ON MAY 22, 23, AND 24, 2009 WHEREAS, the Arroyo Grande Village Improvement Association (VIA), organizers of the Strawberry Festival, have requested closure of certain City streets and the use of City property, for the purpose of craft exhibits, displays, food booths and entertainment, and similar activities; and WHEREAS, on February 24, 2009 the City Council adopted Resolution 4162, approving Temporary Use Permit Case No. 09 -003 for the closing of City Streets and the use of City property. WHEREAS, the VIA has requested the use of the parking lot at 111 South Mason Street, which has recently been leased by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the Arroyo Grande Village Improvement Association is hereby granted the use of the parking lot located at 111 South Mason Street from 5:00 pm Friday, May 22, 2009 to 6:00 pm Sunday, May 24, 2009. 2. That the AGVIA will adhere to all requirements and conditions of approval as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. On motion of Council Member Arnold, seconded by Council Member Fellows, and on the following roll call vote, to wit: AYES: Council Members Arnold, Fellows, Guthrie, Costello, and Mayor Ferrara NOES: None ABSENT: None The foregoing resolution was passed and adopted this 28 day of April 2009. RESOLUTION NO. LiI9 PAGE 2 TONY FER# MAY ATTEST: KELLY WET 1, RE, CITY CLERK APPROVED AS TO CONTENT: STEMS, CITY MANAGER APPROVED AS TO FORM: TI OTHY at:CiTY ATTORNEY RESOLUTION N0.4177 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 09-003 This approval authorizes the use of the parking lot of City leased property located at 111 South Mason Street from 5:00 pm Friday, May 22, 2009 to 6:00 pm Sunday, May 24, 2009. General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and letter dated January 12, 2009 on file in the Community Development Department office. 3. The event organizers shall comply with all the conditions of the City Council Resolution No. 4162 adopted on February 24, 2009, which are incorporated herein by this reference as though set forth in full. 4. The applicant shall agree to defend, indemnify and hold the City harmless, at his/her /its sole expense from any action brought against the City, its agents, officers, or employees because of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required 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 participation shall not relieve applicant of his /her obligations under this condition. OFFICIAL CERTIFICATION I, KELLY WETMORE, 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. 4177 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 28 day of April 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29 day of April 2009. r L —al../ KELLY ET ORE, CITY CLERK