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Home My WebLink AboutR2011-039\\codadldepartmentsllegallour documentslresolutions1111beaujolais alcohol sell.doc RESOLUTION NO. � '" C� �`3 7 A RESOLUTION ALLOWING THE DENTON COMMUNITY THEATRE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BEAUJOLAIS ON NOVEMBER 17, 2011, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT 1N CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Beaujolais; and WHEREAS, the Denton Community Theatre has requested that they be the sole participant allowed to distribute/sell alcoholic beverages at this year's Beaujolais on November 17, 2011; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Denton Community Theatre be the sole participant allowed to distribute/sell alcoholic beverages at the Beaujolais; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Denton Community Theatre shall be the sole participant allowed to distribute/sell alcoholic beverages at the Beaujolais on November 17, 2011 at the Civic Center upon the following conditions: 1. They shall be responsible to obtain the temporary license and pernut for distributing/selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the distribution/sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the distributing/selling of alcoholic beverages at the Beaujolais. 1lcodadldepartmentsllegallour documentslresolutions11116eaujolais alcohol sell.doc SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which sha11 be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of �� , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY B � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: ,-' �'l. � . �_..___. _... i, ;.� Page 2 of 2 1lcodad\departmeutsUegallour doctunentslcoutracts1111beaujolais 201 l alcohol contract,doc CIVIC CENTER AGREEMENT FOR DENTON COMMUNITY THEATRE BEAUJOLAIS EVENT STATE OF TEXAS COUNTY OF DENTON This Agreement, made this I� day of �� 201 l, by and between the City of Denton, a rr�unicipal corporation, hereinafter referred to as the "CITY" and DENTON COMMUNITY THEATRE. WITNESSETH, that in consideration of the covenants and agreements herein contained, the pai�ties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to DENTON COMMLJNITY THEATRE tlle exclusive privilege to dish�ibute/sell alcoholic beverages, subject to the exceptions and conditions hexeinafter set forth, for the BEAUJOLAIS on NOVEMBER 17, 2011 to be held at the Civic Center. This privilege does not extend beyond the date of the BEAUJOLAIS for the year 2011. ARTICLE 2 SCOPE OF SERVICES DENTON COMMLINITY THEATRE in order to exercise the privilege to distribute/sell alcoholic beverages must pexform the following: A. DENTON COMMLTNITY THEATRE shall be solely responsible for the rental and payment for any booth space necessary for the distribution/sale of alcoholic beverages at the BEAUJOLAIS. B. DENTON COMM(JNITY THEATRE shall be solely responsible to obtain any temporary license and permit necessary for the distribution/sale of alcoholic beverages at the BEAUJOLAIS. C. DENTON COMMLTNITY THEATRE shall be solely responsible for the obtaining and paying for any security necessary for their distribution/sale of alcoholic beverages at the BEAUJOLAIS. DENTON COMMUNITY THEATRE'S failure to do any of the above and to show proper prooi of compliance shall waive their right to exercise the privilege of distributing/selling alcoholic beverages at the BEAUJOLAIS. ARTICLE 3 LOCAL RULES AND REGULATION DENTON COMMUNITY THEATRE agrees to abide by al1 municipal, county, state and federal laws, ordinances, �ules and regulations and specifically, without limitation, the Denton Civic Centex Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. DENTON COMMiINITY THEATRE shall pay all taxes, if any, of every nature and description a�•ising out of or in any manner connected with the distribution/sale of alcoholic beverages. DENTON COMMUNITY THEATRE will exercise reasonable care and due diligence in their distribution/sale of alcol�olic beverages at the BEAUJOLAIS. ARTICLE 4 INDEMIVITY AGREEMENT DENTON COMMUNITY THEATRE shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of DENTON COMMiJNITY THEATRE or its off'icers, sktareholders, agents, or arnployees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a pa��ty to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE Duxing the performance of the Agreernent, DENTON COMMLTNITY THEATRE shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission �r any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A, Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence an.d not less than $500,000 in the aggregate, and with property damage limits of not less that $100,00� for each occurrence and not less than $100,000 in the aggregate, B. Liquox/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will ba provided or sezved. Beaujolais — Page 2 C. DENTON COMMLJNITY THEATRE sha11 furnish insurance certificates ox insurance policies at the CITY'S request to evidence such coverages. The insuxance policies shall name the CTTY as an additional insured on all such policies, and shall contam a pxovision that such insurance shall not be canceled or modified without written notice to the CITY and DENTON COMMUNITY THEATRE. In such event, DENTON COMMUNITY THEATRE shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and repoi�ts required or permitted under this Agreement shall be pexsonally delivered or mailed to the respective pai�ties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To DENTON COMMLTNITY THEATRE: DENTON COMMUNITY THEATRE Milce Barrow, Managing Director 214 W. Hicicory Denton, TX 76201 To CITY: CITY OF DENTON: City Manager 215 E. McKinney Den.ton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such z�otice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agree�nent, consisting of five (5) pages and no exhibits, constitutes the coznplete and final expression of the agreement of the parties, and is intended as a connplete and exclusive statement of the terms of their agreements, and supersedes all prior contemporar�eous offers, promises, representations, negotiations, discussions, coinznunications, and agreements which may have been made in cozuiection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable fiom the remainder of this Agreement and shall not cause the reinainder to be invalid or unenforceable. In such event, the pai�ties shall reform this Agreement to replace such stricicen provision wiih a valid and enforceable provision which comes as close as possible to exp�•essing the intention of the stxicken provision, Beaujolais —Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In pexfoiming the services required hereunder, DENTON COMMUNITY THEATRE shall not discriminate against any pexson on the basis of race, color, religion, sex, national origin or at�cestry, age, or physical handicap. ART�CLE 10 PERSONNEL DENTON COMMUNITY THEATRE represents t1�.at it has or will secuz�e, at its own expense, all personnel required to perform all the services required under this Agreemant. Such personnel shall not be employees or officers of, or have any contractual ralations with the CITY, ARTICLE l.l ASSIGNABILITY DENTON COMMUNITY THEATRE shall not assign any intexest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignmeni, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODTFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged the�ewith, and no evidence of any waiver or modiiication sha11 be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereuz�.der, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ART�CLE 13 MISCELLANEOUS A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas, B, The captions of this Agreemen.t are for informational purposes omly, and shall not in any way affect the substantive terms or conditions of this Agreement. Beaujolais —Page 4 IN WITNESS IiEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and DENTON COMMLTN7TY TH � has exec ted this A reement through its duly authorized undersigned officer on this the �� day of � , 2011, CITY OF DENTON, TEXAS �—�_ G ORGE C. CAMPBELL, CITY MANAGER ATTEST; JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � __...-�---_° _,�° - j BY; -' � -�- � -/ �-� �� DENTON COMMUNITY THEATRE BY. MIKE BARROW, MANAGING DIR. WITNESS: : Beaujolais —Page 5