CITY OF FERNDALE REQUEST FOR COUNCIL ACTION

Size: px

Start display at page:

Download "CITY OF FERNDALE REQUEST FOR COUNCIL ACTION"

Magnus Miller
5 years ago
Views:

1 Agenda No. 7B CITY OF FERNDALE REQUEST FOR COUNCIL ACTION FROM: SUBJECT: Michael C. Lary, Event Director Consideration of Special Event Permit for the 2016 "DIY STREET FAIR SUMMARY & BACKGROUND: Mr. Chris Johnston of Woodward Avenue Brewers has applied for a Special Event Permit. Sponsor: Woodward Avenue Brewers Location(s): East Troy St., East Nine Mile Rd., Falvey Lot #9 & Library Lot #10 Est. Attendance: 10,000 The 9th Annual "DIY Street Fair" features local artists, crafters, organizations, brewers and musicians. The event will be located on portions of the East Troy Street and East Nine Mile Road, along with the adjacent Falvey Parking Lot #9 and Library Parking Lot #10. The proposed hours of operation are Friday, 09/16: 6:00 PM to 12:00 PM; Saturday, 09/17: 11 AM 12 AM and Sunday, 09/18: 11 AM 11 PM. The SEC recommends the approval of a temporary liquor license for alcoholic beverage sales within the boundaries of the event area; and a temporary modification to the sound level limits to accommodate the event s live entertainment schedule rather than an exemption from the noise ordinance. A motion to support the recommended action was by DDA Operations Manager Cindy Willcock and supported by Officer Paul Simpson, TCO and passed unanimously by the committee. The SEC recommends approval of the Special Event Permit for the 2016 DIY Street Fair contingent upon the provisions stated in the recommended motion. COUNCIL AGENDA DATE: July 25, 2016 CITY ATTORNEY REVIEW: FINANCE DIRECTOR REVIEW: CITY MANAGER REVIEW: July 14, 2016 RECOMMENDED ACTION: Moved by, seconded by, to approve the Special Event Permit for the 2016 DIY Street Fair on September 16, 17 & 18, 2016, as detailed in Event Director s Summary and contingent upon the following:

2 Per Section 4 of the Special Events Policy, estimated costs are: Permit Fees: $946 DPW Fees: $513 Fire Fees: $950 Police Fees: $9,128 Estimated Total: $11,537 Applicant agrees to abide by the rules and regulations set forth in the City of Ferndale Special Events Policy Pursuant to Section 16-12; and Per Sections 9 and 12 of the Special Events Policy, applicant will provide the City, no later than September 9, 2016 with a certificate of liability insurance naming the City as additional insured ; and Applicant agrees to abide by the following street closure schedule for Sept. 16, 2016 at 8:00 AM: a.) East Nine Mile (Woodward to City Hall Lot #11 north entrance); b.) East Troy (Woodward to the Falvey Lot #9 east brick wall on Friday); and Applicant agrees to abide by the following municipal lot closure schedule: a.) Library #10 on Friday, 09/16/16 at 3:00 AM; b.) Falvey #9 on Thursday, 09/15/16 at 3:00 AM; and Applicant agrees to abide by the reopening street schedules: a.) East Nine Mile Rd. by 2:00 AM; b.) East Troy St. by 12:00 PM on Monday, Sept. 19, 2016; and Applicant agrees to abide by the following municipal lot reopening schedule: a.) Library #10 Lot by 8:00 AM; b.) Falvey #9 Lot by 12:00 PM on Monday, Sept. 19, 2016; and Applicant agrees to make full payment of city service and/or staff fees within thirty days of final invoice; and Applicants agrees to end all entertainment and turn off all sound systems one-hour prior to each night s closing hour of operation; and Per Section 13 of the Special Events Policy, applicant agrees to provide portable toilets and to bear sole responsibility for maintaining a clean event site including trash, recycling and street clean up, including grease and food waste, otherwise applicant shall be charged for city staff/services; and Applicant agrees to comply with Fire Code Safety Rules, as ordered by the Ferndale Fire Department, and understands that a revoke of permit may be issued if found in violation of the Fire Code Safety Rules; and Applicant agrees to inspect all valid ID s at all event alcohol-beverage-ticket booth locations and provide hand stamping to identify over 21; and Approval of alcoholic beverage sales shall be contingent upon the approval by the MLCC for a temporary liquor license. City requires a copy of license no later than September 14, 2016, otherwise approval of license may be rescinded; and The SEC recommends a temporary sound level limit modifications for A-weighted Sound Level Limit, db(a) at 80 and the C-weighted Sound Level Limit, db(c) at 95. The modification enforcement, by the Ferndale Police Department, shall begin at 6:00 PM, on 09/16/16 and remain enforced until 10:00 PM, 09/18/16. Original sound level limits shall revert back to the Ferndale Code of Ordinances No. 1114, Sec at 10:00 PM, 09/18/16. The Ferndale Police Department reserves the right to revert back to the original sound level limits upon any noise ordinance complaints after 9:00 PM.

LICENSE AGREEMENT THIS LICENSE AGREEMENT ( Agreement ) is entered into as of July 25, 2016, by the City of Ferndale ( City ), a Michigan Municipal Corporation, whose address is 300 East Nine Mile

3 LICENSE AGREEMENT THIS LICENSE AGREEMENT ( Agreement ) is entered into as of July 25, 2016, by the City of Ferndale ( City ), a Michigan Municipal Corporation, whose address is 300 East Nine Mile Road, Ferndale, Michigan and The Eleven Mile Brewery, Inc. d/b/a/ Woodward Avenue Brewers ( Licensee ), whose address is Woodward Avenue, Ferndale, MI Licensee desires to conduct a special event in the City of Ferndale and seeks to utilize certain City property as part of the special event; and City is willing to allow Licensee to utilize certain City property as part of its special event to be called the 2016 DIY Street Fair. NOW, THEREFORE, in consideration of the mutual covenants contained in this License, and other good and valuable consideration, the City and Licensee agree as follows: 1. Licensed Premises. The City shall license to Licensee that portion of East Troy Street, East Nine Mile Road and Library Parking Lot ( the premises ), to be further described by the attached drawing identified as Exhibit A. 2. Consideration. Licensee shall pay the City One ($1.00) Dollar as rent for the license of the agreed upon site to provide an outdoor venue for Licensee as part of its special event. 3. Term. This revocable License shall be effective as follows: a. Sept. 16, 2016 at 6:00 PM and shall terminate on Sept. 16, 2016 at 12:00 AM; and b. Sept. 17, 2016 at 11:00 AM and shall terminate on Sept. 17, 2016 at 12:00 AM; and c. Sept. 18, 2016 at 11:00 AM and shall terminate on Sept. 18, 2016 at 11:00 PM. This license shall not be deemed to convey or transfer to Licensee any rights or interest beyond those expressly stated in this License Agreement. This License is revocable by the City, at any time, if Licensee commits a violation of Michigan law or any Ferndale ordinance or regulation or for any reason by the City in its sole discretion. 4. Plan of Event. a. Licensee may erect a tent on the agreed upon site, with one point of ingress and one main point of egress. Two additional emergency points of egress shall be provided to conform to fire code unless modified by the City of Ferndale Fire Department. b. The area shall be fenced if Licensee conducts alcohol sales within the licensed premises.

4 c. Licensee may conduct alcohol sales within the licensed premises if it has obtained a permit from the Michigan Liquor Control Commission. d. Licensee shall follow all procedures as required by the Michigan Liquor Control Commission. e. The maximum number of persons to enter the licensed area shall be calculated by the City of Ferndale Fire Department standards and such limit shall be adhered to by Licensee. f. Licensee shall provide security at the entrance at all times. g. Licensee shall provide general liability and liquor liability insurance policies in the amount of One Million dollars coverage per occurrence naming the City as additional insured and Licensee shall indemnify and hold harmless the City from any and all claims and damages whatsoever arising out of the License Agreement. Certificates of insurance policies shall be provided to the City prior to the special event. 5. Condition of Licensed Premises. Licensee shall, during the term of this License, keep the Licensed premises clean, free of trash and litter, and in good order and appearance and shall surrender the Licensed premises at the termination of this License in as good a condition as when received. Licensee shall be responsible for any damage to the Licensed Premises and shall reimburse City for any such damage or costs. 6. Risk of Damage. Licensee may use the premises at its sole risk. The City shall not be liable to Licensee for any damage whatsoever in the event that Licensee s use of the premises is impaired or terminated or in the event Licensee s personal property is damaged or destroyed. Further, Licensee shall, to the fullest extent permitted by law, agree to defend, indemnify, pay on behalf of, and hold harmless the City of Ferndale, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Ferndale against any and all claims, demands, suits, losses, including all costs and reasonable attorney fees, for any damages which may be asserted, claimed or recovered against or from the City of Ferndale which arise out of or is in any way connected or associated with this License Agreement or with Licensee s (or its guests, customers or invitees) use of the premises. 7. Assignment. Licensee may not assign or transfer this license, or sublicense any part of the premises, without the City s prior written consent. 8. Entire Agreement. The parties acknowledge that neither party has made any representations or promises with respect to the licensed premises except as expressly set forth and the foregoing constitutes the entire agreement between the parties. 9. Modification. The License may be modified only by a written instrument signed by both parties. 2

5 10. Severability. If any portion of this License Agreement shall be or become invalid, such invalidity shall not in any way affect any of the other provisions of this License which shall continue to remain in full force and effect. 11. Counterparts. This License Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts when taken together shall constitute one and the same License Agreement IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first above written. City of Ferndale By: Dave Coulter, Mayor By: Marne McGrath, City Clerk Licensee The Eleven Mile Brewery, Inc. d/b/a/ Woodward Avenue Brewers By: Chris Johnston, Owner 3

6 Exhibit A: DIY Street Fair Identified Event Area Map City of Ferndale September 16, 17 & 18,

Clinton County MSU Extension Office County Courthouse, 100 E. State Street Suite G100, St. Johns, MI Office: (989) FAX: (989)

Clinton County MSU Extension Office County Courthouse, 100 E. State Street Suite G100, St. Johns, MI 48879 Office: (989) 224-5240 FAX: (989) 224-5244 Smith Hall/Fairgrounds Use Agreement and License THIS