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Home My WebLink AboutR2012-0401lcodad\departments\legal\our documentslresolutions\121beaujolais alcohol sell.doc RESOLUTION NO. �012-�4� A RESOLUTION ALLOWING THE DENTON COMMUNITY THEATRE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BEAUJOLAIS AND MORE ON NOVEMBER 15, 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 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 More; 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 and More on November 15, 2012; 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 More; 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 and More on November 15, 2012 at the Civic Center upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit 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 Beauj olais. 1lcodadldepartmentsllegal\our documentslresolutions11216eaujolais 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 %�� d�� , 2012. MARK A. URR GH AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: Page 2 of 2 h:4:ity counci1120121beaujolais\beaujolais 2012 alcohol contract.doc CIVIC CENTER AGREEMENT FOR DENTON COMMUNITY THEATRE BEAUJOLAIS AND MORE EVENT STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this �� day of %/1i�/� , 2012, by and between the City of Denton, a municipal corporation, hereinafte referred to as the "CITY" and DENTON COMMUNITY THEATRE. 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 DENTON COMMUNITY THEATRE the exclusive privilege to distribute/sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the BEAUJOLAIS AND MORE on NOVEMBER 15, 2012 to be held at the Civic Center. This privilege does not extend beyond the date of the BEAUJOLAIS AND MORE for the year 2012. ARTICLE 2 SCOPE OF SERVICES DENTON COMIVIUNITY THEATRE in order to exercise the privilege to distribute/sell alcoholic beverages must perform the following: A. DENTON COMMUIVITY THEATRE shall be solely responsible for the rental and payment for any booth space necessary for the distributian/sale of alcoholic beverages at the BEAU70LAIS AND MORE. B. DENTON COMMUNITY TT-�ATRE shall be solely responsible to obtain any temporary license and permit necessary for the distribution/sale of alcoholic beverages at the BEAUJOLAIS AND MORE. C. DENTON COMMUNITY TI�ATRE shall be solely responsible for the obtaining and paying for any security necessary for their distribution/sale of alcoholic beverages at the BEAUJOLAIS AND MORE. DENTON COMMUNITY THEATRE'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing/selling alcoholic beverages at the BEAUJOLAIS AND MORE. ARTICLE 3 LOCAL RULES AND REGULATION DEN'TON COMMUNITY THEATRE agrees to abide by a11 municipal, county, state an.d federal laws, ordinances, rules and regulations and specifically, witliout limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly autliorized person acting in connection therewith. DENTON COMM(JNITY THEATRE shall pay a11 taxes, if any, of every nature and description arising 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 alcoholic beverages at the BEAUJOLAIS AND MORE. ARTICLE 4 INDEMNITY AGREEMENT DENTON COMMUI�]ITY 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, includi_ng but not limited to, court costs and reasonable attorney fees incurred by the CITY, and includ.ing, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of DENTON COMMUNITY TI�ATRE 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, DENTON C�MMUNITY THEATRE 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 $SOO,OOQ 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. Beaujolais — Page 2 C. DENTON COMMLTNITY THEATRE shall furnish insurance certi�icates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall natne the CITY as an additional insured on a11 such policies, and shall contain a provision that such insurance sha11 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 ar cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement sha11 be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certi�ed mail, return receipt requested, unless otherwise speci�ed herein. Mailed notices sha11 be deemed communicated as of three (3) days' mailing: To DENTON COMMITNTTY Tf�ATRE DENTON COMMUI�TITY THEATRE Mike Barrow, Managing Director 214 W. Hickory Denton, TX 76201 To CITY: CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices sha11 be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of �ive (5) pages and no exhibits, 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 ha�e been made in connection 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 from the remainder of this Agreement and sha11 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. Beauj olais — Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, DENTON COMMUNITY THEATRE 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 DENTON COMMUNITY THEATRE represents that it has or will secure, at its own expense, all personnel required to perform all the services required iu7der this Agreeinent. Such personnel shall not be employees or officers of, or have any contrachial relations with the CITY. ARTICLE 11 ASSIGNABILITY DENTON COMNIUNITY THEATRE 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 CTTY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained sha11 be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification 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 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 MISCELLANEDUS A. Venue of any siiit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement sha11 be construed in accordance with the laws of the State of Texas. B. The captions of tlus Agreement are for infonnational purposes only, and shall not in any way affect the substantive tertns or conditions of this Agreement. Beaujolais — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and DENTON COMMtJ1VITY THEA� has execut this A� ent through its duly authorized undersigned officer on this the � day of �'L�/?Z , 2012. CITY OF DENTON, TEXAS �v GEOR E C. CAMPBELL, CIT MANAGER ATTEST: JENN�'ER WALTERS, CITY SECRETARY BY: �- APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: / l , DENTON COMMUNITY THEATRE BY: MII�E BARR , MANAGING DIR. WIT`NESS: : Beaujolais — Page 5