HomeMy WebLinkAboutR2012-0331lcodadldepartmentsUegallour documentslresolutions\121friday nite bites alcohol selLdoc
RESOLUTION NO. R2012-033
A RESOLUTION ALLOWING METZLER'S FOOD & BEVER.AGE TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FRIDAY NITE
BITES ON OCTOBER 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 property at 604 E. Hickory
Street; and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the Friday Nite Bites; and
WHEREAS, Metzler's Food & Beverage (called "Metzler's") has requested that they be
the sole participant allowed to sell alcoholic beverages at this year's Friday Nite Bites October
26, 2012; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION l. Metzler's shall be the sole participant allowed to sell alcoholic beverages
on City property at the Friday Nite Bites October 26, 2012, at 604 E. Hickory Street 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. They shall provide Liquor/Dram Shop Liability in the amount of $250,000
per occurrence;
They agree to indemnify the City of Denton against any liability incident
to the selling of alcoholic beverages at the Friday Nite Bites.
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 unmediately upon its passage and
approval.
1lcodad\departmentsUegallour documents�resolutions1121friday nite bites alcohol sell.doc
PASSED AND APPROVED this the �� day of ��� �/'(i , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY: v./%�(/G7�
Page 2 of 2
h:lcity counci1�20121friday nite biteslmetzler's alochol contract.doc
CITY OF DENTONAGREEMENT FOR
THE FRIDAY NITE BITES
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this � day of , 2012, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and METZLER' S
FOOD & BEVERAGE, INC., (called "METZLER'S").
WIT`NESSETH, 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 METZLER' S the exclusive privilege to sell alcoholic beverages,
subject to the exceptions and conditions hereinafter set forth, for the FRIDAY NITE BITES on
October 26, 2012, to be held at 604 E Hickory Street. 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 FRIDAY NITE BITES set for
the year 2012.
ARTICLE 2
SCOPE OF SERVICES
METZLER' S in order to exercise the privilege to sell alcoholic beverages must perform
the following:
A. METZLER' S shall be solely responsible for the rental and payment for any booth space
necessary for the sale of alcoholic beverages at the FRIDAY NITE BITES.
B. METZLER' S shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the FRIDAY NITE BITES.
C. METZLER'S shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the FRIDAY NITE BITES.
METZLER'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 FRIDAY
NITE BITES.
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, METZLER' S 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
METZLER' S represents that it has or will secure, at its own expense, all personnel
required to perform all 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
METZLER'S 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 modiiication 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
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 e�ibits are attached to and made a part of this Agreement: (list exhibits)
Exhibit "A" Resolution No. ZO/2— �33.
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.
FRIDAY 1VITE BITES Ageeinent — Page 4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and METZLER'S has executed this Agreement
through its duly authorized undersigned officer on this the _� day of �� ,
2012.
CITY OF DENTON, TEXAS
�
GEORGE C. CAMPBELL, TY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTO EY
BY:
METZLER' S FOOD & B�jUERAGE, INC.
i
WITNESS:
:
FRIDAY 1VITE BITES Agreement — Page 5
Y
1lcodadldepartmentsuegallour documents�resolutions\121friday nite bi
RESOLUTION NO.
Exhibit A
R2012-033
A RESOLUTION ALLOWING METZLER'S FOOD & BEVERAGE TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FRIDAY NITE
BITES ON OCTOBER 26, 2012, UPON CERTAIN CONDITIONS; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY
WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the owner of the property at 604 E. Hickory
Street; and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the Friday Nite Bites; and
VJHEREAS, Metzler's Food & Beverage (called "Metzler's") has requested that they be
the sole participant allowed to sell alcoholic beverages at this year's Friday Nite Bites October
26, 2012; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Metzler's sha11 be the sole participant allowed to sell alcoholic beverages
on City property at the Friday Nite Bites October 26, 2012, at 604 E. Hickory Street upon the
following conditions:
2.
4.
�
They shall be responsible to obtain the temporary license and permit for
selling alcoholic beverages approved by appropriate state agency;
They sha11 provide the security necessary for the sale of alcoholic
beverages;
They shall provid
responsible carrier,
$500,000.00;
; general comprehensive liability insurance from a
with the City as an additional insured, in the amount of
They shall provide Liquor/Dram Shop Liability in the amount of $250,000
per occurrence;
They agree to indemnify the City of Denton against any liability incident
to the selling of alcoholic beverages at the Friday Nite Bites.
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.
1lcodadldepartmentsllegallour documents�resolutions1121friday nite bites alcohol sell.doc
PASSED AND APPROVED this the � day of �G��/'� , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �—
APPROVED AS TO LEGAL FORM:
ANITA BURGES S, CITY ATTORNEY
,�
BY: _ /i�,��
Page 2 of 2