The URL can be used to link to this page

Home My WebLink AboutR2013-031\ \CODAD \Departments \Legal \Our Documents \Resolutions \13 \Oaktopia alcohol sell.docx RESOLUTION NO. 82013 -031 A RESOLUTION ALLOWING EL GUAPO'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT OAKTOPIA NOVEMBER 16, 2013, 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 Williams Trade Square; and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at Oaktopia; and WHEREAS, El Guapo's has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Oaktopia November 16, 2013; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. El Guapo's shall be the sole participant allowed to sell alcoholic beverages on City property at Oaktopia November 16, 2013, at Williams Trade Square located on 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; 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Oaktopia. 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY day of ...._.` 2013. . . .. .. .... i t K A . 13t) RROY G F TSB MAYOR HACi:y Council \2013 \Oaktopia\AlcohoR(Oak top ia Alcohol Contract.doc CITY OF DENTON AGREEMENT WITH EL GUAPO'S STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this �� day of , 2013, by and between the City of Denton, a municipal corporation, hereinaft r referred to as the "CITY" and EL GUAPO'S. 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 EL GUAPO'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the OAKTOPIA on NOVEMBER 16, 2013, to be held on city property located at Williams Trade Square. This privilege does not extend beyond the date of the OAKTOPIA set for the year 2013. ARTICLE 2 SCOPE OF SERVICES EL GUAPO'S in order to exercise the privilege to sell alcoholic beverages must perform the following: A. EL GUAPO'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the OAKTOPIA. B. EL GUAPO'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the OAKTOPIA. C. EL GUAPO'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the OAKTOPIA. EL GUAPO'S'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 OAKTOPIA. ARTICLE 3 LOCAL RULES AND REGULATION EL GUAPO'S agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, 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. EL GUAPO'S shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. EL GUAPO'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the OAKTOPIA. ARTICLE 4 INDEMNITY AGREEMENT EL GUAPO'S 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 EL GUAPO'S 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 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 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, EL GUAPO'S 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. OAKTOPIA Agreement — Page 2 C, EL GUAPO'S shall furnish 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 EL GUAPO'S. In such event, EL GUAPO'S 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: EL GUAPO'S Mike Zampino 419 S. Elm Denton, Texas 76201 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 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and _0 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 have 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 shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall 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. OAKTOPIA Agreement — Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, EL GUAPO'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 EL GUAPO'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 EL GUAPO'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 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 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. 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 Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. OAKTOPIA Agreement — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be exect,ited by its dLfly awliori•ed City Nbmtger, and 1 [, Gt,JAP()'� lias cxeCUC�i this Agreeirsent through its dLjly ctuthorized undersigned officer on Illis the clay of 2013. CITY OF DENTON, TEXAS ........... 01 GEOI CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 7 BY: EL GUAPO'S MIKE ZAMPINO WITNESS: ' 01, (A BY: ��_ OAKTOPIA Agreement — Page 5