First Amendment to 2018-2022 Ostrich Festival Agreement

FIRST AMENDMEN'T TO
LICENSE AGREEMENT FOR CHANDLER OSTRICH FESTIVAL

THIS FIRST AMENDMENT TO LICENSE AGREEMENT FOR CHANDLER

OSTRICH FESTIVAL (the “Amendment”) is made and entered into the _— day of

, 2021, by and between the CITY OF CHANDLER, an Arizona municipal

corporation (“City”), Chandler Chamber of Commerce, an Arizona nonprofit corporation

(“Chamber”), and Steve LeVine Entertainment, LLC, an Arizona limited liability company, doing

business as Steve Levine Entertainment & Public Relations (“SLE”) (referred to collectively as
the “Parties”).

Recitals

A. Effective as of February 9, 2018, City, Chamber, and SLE executed and delivered that
certain License Agreement for Chandler Ostrich Festival (the “Agreement’), whereby,
subject to the terms and conditions contained therein, City licensed to Chamber and SLE
the right to use certain designated areas within City’s Tumbleweed Park to operate a public
festival.

B. Due to the COVID-19 pandemic causing the cancellation of the 2020 and 2021 Ostrich
Festivals, the Parties have agreed to a two-year extension for the festival dates in the
Agreement.

C. The Chamber and SLE requested an additional second consecutive weekend to host the
2022 Ostrich Festival at Tumbleweed Park. The City is amendable to this request and has
granted the Chamber and SLE permission to hold an additional weekend for the 2022
Ostrich Festival.

Amendment Agreement

l, Terms, All capitalized terms set forth herein which are not otherwise defined herein shall
have the meanings as set forth in the Agreement.

2. Grant of License, Section 1.1 of the Agreement is amended to add that the City grants the
Chamber and SLE the right to use the Park and Event Area for a Festival event in the years 2022,
2023, and 2024 for the dates and times specified in the Agreement. With the exception of the new
Festival years added in this paragraph, the remainder of Section 1.1 of the Agreement remains the
same,

3. License Time Period and Duties and Liability of SLE and Chamber Upon Termination,

Section 1.3 of the Agreement is hereby deleted in its entirety and replaced with the following:

License Time Period and Duties and Liability of SLE and Chamber Upon Termination,

The rights to use the Event Area, subject to the renewal provisions of Section 1.1, shall be
for the following License Time Periods:

a

2022 Ostrich Festival

L

iv,

v.

Vi.

vil,

Festival set up shall be allowed beginning no earlier than 6 a.m. on Sunday,
March 6, 2022,

Festival shall be allowed to operate from Friday, March 11, through Sunday,
March 13, 2022 and from Thursday, March 17, through Sunday, March 20, 2022,
No public festival activities may take place on March 14, 15, or 16.

All event structures, booths, supplies, elc. may remain in place on the grounds
of Tumbleweed Park between the Festival closing on Sunday, March 13 and the
opening on Thursday, March 17, 2022. All event materials, signage, siructures,
etc, placed in public right-of-ways, sidewalks, streets, etc, will need to be
removed and replaced between Monday, March 14 and Thursday, March 17,
2022,

All post-Festival activity shall be finished and all booths, vehicles, materials,
and all structures associated with the Festival shall be removed no later than
12 p.m. on Wednesday, March 23, 2022.

SLE and Chamber shall clean-up the Park and Event Area, to the City of
Chandier Cultural Development and Community Services Department's
satisfaction, no later than 12 p.m, on Wednesday, March 23, 2022 and afier
completion of the Pre-Event Walkthrough as described in Section 1.4 of the
Agreement.

Chamber and SLE must pay for all City fees and costs incurred by City for
staffing and operations of the Festival for the Festival activities taking place on
March 17, The additional costs that must be paid by Chamber and SLE include,
but are not limited to, public safety personnel and equipment (police officers,
fire fighters, EMTs, dispatchers, vehicles, etc.), and traffic personnel and
equipment (traffic engineer, traffic plans, barricade company and equipment,
road closure permit), slage rentals, utility services, permits, licenses, repairs, and
damages,

All required insurance coverage must remain in effect during the enlire duration
of the Festival.

2023 Ostrich Festival

ii.

Festival set up shall be allowed beginning no earlier than 6 a.m. on Sunday,
March 12, 2023,

Festival shall be allowed to operate from Friday, March 17, 2023 through March
19, 2023,

iii. All post-Festival activity shall be finished, all booths, vehicles, materials and
all structures associated with the Festival shall be removed no later than 5
p.m. on Tuesday, March 21, 2023.

iv. SLE and Chamber shall clean-up the Park and Event Area, to the City of
Chandler Cultural Development and Community Services Department's
satisfaction, no later than 5 p.m, on Tuesday, March 21, 2023 and aller
completion of the Pre-Event Walkthrough as described in Section 1.4 of the
Agreement.

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2024 Osirich Festival
i. Festival set up shail be allowed beginning no earlier than 6 a.m. on Sunday,
March 10, 2024,

ii, Festival shall be allowed (o operate from Friday, March 15, 2024 through March
17, 2024,

iii, All post-Festival activity shall be finished, all booths, vehicles, materials and
all structures associated with the Festival shall be removed no laler than 5
p.m. on Tuesday, March 19, 2024.

iv, SLE and the Chamber shall clean-up the Park and Event Area, to the City of
Chandler Cultural Development and Community Services Department's
satisfaction, no later than 5 p.m. on Tuesday, March 19, 2024 and afer
completion of the Pre-Event Walkthrough as described in Section 1.4 of the
Agreement.

d. IfSLE and Chamber fail to clean up the Park and Event Area to City's satisfaction,
City may perform any remaining clean-up and invoice the Chamber and SLE for
the cost for the clean-up.

e. SLE and Chamber shall be responsible for the cost of repairs for any damage to
the Park or Event Area arising out of or related to the Festival,

4. City Staff Section 1.6 of the Agreement is hereby deleted in its entirety and replaced
with the following:

City Staff The City shall provide the Chamber and SLE wiih reasonable access to a
venue liaison and/or technical coordinator and “normal and customary support” as
specified herein. Any additional staff or equipment requested or required by the Chamber
and SLE other than agreed to herein will be paid for by the Chamber and SLE. Based on
available resources, "normal and customary support" shall be defined as the following for
a single weekend Ostrich Festival:

Community Services:
Sufficient staff to prepare the Park prior to the start of event set up, including
e Overseeding of grass within the Festival area.
e Creating decomposed granite driveways on the promenade.

* ‘Trimming and watering all bushes and trees.

¢ Barricading all ulility boxes.

° Providing and setting up the Showmobile stage,

« Provide two (2) bamer holders at the Park for Chamber-provided signs.

* The City will complete over-seeding and tree and bush watering, and all
other watering activities of the grass areas at least 14 days prior to load in.

Traffic:
* Development and provision of an event traffic plan.
* Provision of all traffic control equipment necessary to meet the event traffic
plan.

Fire:
» One (1) on-duty company consisting of four (4) individuals, two of which
will be paramedics.
« One (1) two-person bike team of which one will be a paramedic.
* One (1) command officer,

Police:
* Seventy (70) to Eighty (80) officers distributed over the course of the
Festival to include appropriate command staff,

Cultural Development:

* Downtown Redevelopment Specialist or assigned representative will
provide the Chamber the opportunity to hang street light banners along the
Arizona Avenue/Downtown corridor.

* The Chamber will work with Downtown Redevelopment Specialist or
assigned representative to schedule the installation and removal of the street
light banners.

® The Chamber will incur all costs for the installation, removal and printing
of the banners,

* Providing a special events coordinator staff person for the duration of the
Festival.

5. Force Majeure. Section 6.1 of the Agreement is hereby deleted in its entirety and replaced
with the following:

Force Majeure, Failure to perform by City due to a force majeure event shall not be
deemed a violation or breach of this License. A force majeure event may include,
without limitation: fire, Mood, earthquake, strikes or work stoppages, pandemic,
contractor’s failure to perform, any interruption of utility services, suspension or
interference with performances caused by acts of God or acts of public enemy, riots or
similar occurrences, and order of court or administrative agencies, including orders of
the City Police Department, City Fire Department, Arizona Governor’s Office, or other

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federal, state, or local health authority. In the event of a force majeure event as described
herein, this License shall terminate during the duration of the Force Majeure event
and SLE and the Chamber shall only be required to pay any and all fees charged for the use
of the Park and Event Area up to the time of such termination. The City shall have no
liability for any costs, expenses, or other liability incurred by the Chamber or SLE as a
result of such force majeure event.

6. Reaffirmation, In all other respects, the Agreement is hereby reaffirmed.
7. Counterparts, This Amendment may be executed by all parties in one or more counterparts,

each of which shall be deemed an original, but all of which shall constitute one and the same
instrument,

IN WITNESS WHEREOF, City, Chamber, and SLE execute this Amendment on the
date first listed above.

CITY OF CHANDLER:
By:
Mayor
ATTEST:
CITY CLERK
APPROVED AS TO FORM:

CITY ATTORN PEAK

CHANDLER CHAMBER OF COMMERCE:

By:

Print Name: Ten (‘a 0 Kimbl cf

Title: Previdut [CED
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STEVE LEVINE ENERTAINMEN'T, LLC

Print Name: Ss fee LoVi pe

Tile CED [eco goer ren

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