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Home My WebLink AboutR2012-0141lcodadldepartmentsllegallour documentslresolutions\121denton rugby toumament alcohol sell.doc x�soLUTION No. R2012-014 A RESOLUTION ALLOWING MICHAELS MEMORIES TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON RUGBY TOURNAMENT ON MAY 26, 2012, 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 North Lalces Parlc; and WHEREAS, the consumption of alcoholic beverages is allowed in the North Lakes Park 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 Denton Rugby Tournament; and WHEREAS, Gayla Hooten, doing business as Michaels Memories (called "Michaels"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Denton Rugby Tournament on May 26, 2012; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Michaels be the sole participant allowed to sell alcoholic beverages at the Denton Rugby Tournament; 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. Michaels shall be the sole participant allowed to sell alcoholic beverages at the Denton Rugby Tournament on May 26, 2012 at the North Lakes Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the 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. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served; 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Rugby Tournament. Page 1 of 2 \lcodadldepartmentsllegallour documentslresolutions\121denton rugby toumament alcohol sell.doc SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall 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 �,5t� day of �� , 2012. MARK t�: BURR GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ,� Page 2 of 2 h:lcity counci1�20121rugUy tournament\parks rugby tournament alcohol selLdoc NORTH LAKES PARK AGREEMENT FOR THE DENTON RUGBY TOURNAMENT STATE OF TEXAS § COUNTY OF DENTON § L This Agreement, made this %` day of , 2012, by and between the City of Denton, a municipal corporation, hereinaft r erred to as the "CITY" and the MICHAELS MEMORIES, (called "MICHAELS"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to MICHAELS the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DENTON RUGBY TOURNAMENT on May 26, 2012, to be held at the North Lakes Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the DENTON RUGBY TOURNAMENT set for the year 2012. ARTICLE 2 SCOPE OF SERVICES MICHAELS in order to exercise the privilege to sell alcoholic beverages must perform the following: A. MICHAELS shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DENTON RUGBY TOURNAIVIENT. B. MICHAELS shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DENTON RUGBY TOURNAMENT. C. MICHAELS shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the DENTON RUGBY TOURNAMENT. MICHAELS' S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the DENTON RUGBY TOURNAMENT. ARTICLE 3 LOCAL RULES AND REGULATION MICHAELS agrees to abide by all municipal, county, state and federallaws, ordinances, rules and regulations and specifically, without limitation, the North Lakes Park 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. MICHAELS sha11 pay a11 ta.xes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. MICHAELS will exercise reasonable care and due diligence in their sale of alcoholic beverages at the DENTON RUGBY TOURNAMENT. ARTICLE 4 INDENINITY AGREEMENT MICHAELS 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, dama.ges for bodily and personal injury, death and property da.mage, resulting from the negligent acts or omissions of MICHAELS or its officers, shareholders, agents, or employees 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 sha11 waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, MICHAELS shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or 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 and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. Denton Rugby Tournament Agreement — Page 2 C. MICHAELS shall fizrnish insurance certificates or insurance policies at the CITY' S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and MICHAELS. In such event, MICHAELS 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 reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties 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 MICHAELS: Micha.els Memories Gayla Hooten 707 Ridgecrest Circle Denton, TX 76205 To CITY: City of Denton City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIItE AGREEMENT This Agreement, consisting of five (5) pages and � e�ibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreernent is found or deemed by a court of cornpetent jurisdiction to be invalid or u.nenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties sha11 reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Denton Rugby Tournament Agreement — Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, MICHAELS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL MICHAELS represents that it has or wi11 secure, at its own expense, all personnel required to perform a11 the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY MICHAELS shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limita.tion herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall 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 hereunder, 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. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and de a part of this Agreement: (list e�ibits) Exhibit "A" Resolution No. (� � B. 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. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Denton Rugby Tournament Agreement — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and MICHAELS �as executed this Agreement through its duly authorized undersigned officer on this the � t�/Z da.y of � , 2012. CITY OF DENTON, TEXAS � GEO GE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s BY: - MICHAELS MEMORIES � _ - � �� — �' �� WITNESS: ",,��' /�f� BY: �� =- t � �� Denton Rugby Tournament Agreement — Page 5 1\codadldepartmentsllegal\our documentslresolutions112\denton rugt Exh i b it A RESOLUTION NO. �012-014 A RESOLUTION ALLOWING MICHAELS MEMORIES TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON RUGBY TOURNAMENT ON MAY 26, 2012, 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 North Lakes Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the North Lakes Park 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 Denton Rugby Tournament; and WHEREAS, Gayla Hooten, doing business as Michaels Memories (called "Michaels"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Denton Rugby Tournament on May 26, 2012; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Michaels be the sole participant allowed to sell alcoholic beverages at the Denton Rugby Tournament; and WHEREAS, the City agrees with the recommendation of the Paxks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Michaels shall be the sole participant allowed to sell alcoholic beverages at the Denton Rugby Tournament on May 26, 2012 at the North Lakes Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They sha11 provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible caxrier, with the City as an additional insured, in the amount of $500,000.00; 4. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served; 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Rugby Tournament. Page 1 of 2 1lcodadldepartmentsllegaRour documents\resolutions112\denton rugby toumament alcohol sell.doc SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall 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 1'� ' , 2012. � MARK : BURR GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2