HomeMy WebLinkAboutR2014-009\\codad\departments\legal\ourdocuments\resolutions\14\arts &jazz festival res.docx
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A RESOLUTION ALLOWING PRO-FEST, INC. TO BE THE SOLE PARTICIPANT
ALLOWED TO SELL ALCOHOLIC BEVERAGES FOR THREE CONSECUTIVE YEARS
AT THE DENTON ARTS & JAZZ FESTIVAL BEGINNING APRIL 25-27, 2014, APRIL 24-
26, 2015, AND APRIL 29-MAY 1, 2016, UPON CERTAIN CONDITIONS; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN
CONFORMITY WITH THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and
through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park;
WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park
pursuant to City of Denton Code, §22-32 (b);
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and
WHEREAS, Pro-Fest, Inc. has requested that they be sole participant allowed to sell
alcoholic beverages for three consecutive years at the Denton Arts & Jazz Festival; and
WHEREAS, the Parks, Recreation and Beautification Board has recommended that Pro-
Fest, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz
Festival; 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. Pro -Felt, Inc. shall be the sole participant allowed to sell alcoholic
beverages at the Denton Arts & Jazz Festival for three consecutive years, the first being April
25-27, 2014 at the Quakertown Park upon the following conditions:
1. They shall be responsible for rental of any booth space necessary;
2. They shall be responsible to obtain the temporary license and permit for
selling alcoholic beverages approved by appropriate state agency;
3. They shall provide the security necessary for the sale of alcoholic
beverages;
4. 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.
5. Agrees to indemnify the City of Denton against any liability incident to
the selling of alcoholic beverages at the Denton Arts & Jazz Festival.
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 2014.
MARK A..B1JR1 Oil HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APF
ANITA BURGESS, CITY ATTORNEY
McAAadWsemU08214\City CmmciR201MAns & Jazz Fmfival\Ads and Jazz FesfivW Contract,doe,
COUNTY OF DENTON §
This Agreement, made this L 2014, by and between the
- -' -- day of brcia tL -
City of Denton, a municipal corporation, liet•eiiialter rel'envd to pis [lie "CITY" and -F ST,
INC.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 2
PRO-FEST, INC.'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
, z
,t the Denton Arts and Jazz Festival.
ARTWLE 3
LOCAL RULES AND REGULATION
PRO-FEST, INC. will exercise reasonable care and due diligence in their sale of
alcoholic beverages at the Denton Arts and Jazz Festival.
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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.
MEAVE "
I IMN NJ t1r.11104M
During the performance of the Agreement, PRO-FEST, INC. 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 than $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 even!
occurring on City-owned property where alcohol will be provided or served.
i
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and PRO-FEST, INC. has exect.ited this
Agreement through its duly authorized undersigned officer on this the day of
pp 2014.
CITY OF DENTON, TEXAS
il
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GEORGhC". -CAMPBELL, (T_ FY MANAGER
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
BY:
CAROL SHORT
1103
Denton Arts and Jazz Festival Celebration Agreement — Page 5