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Home My WebLink AboutR2015-008RESOLUTION NO. 82015 -008 A RESOLUTION ALLOWING ROOSTERS ROADHOUSE INC. DBA ROOSTERS, TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT 35 DENTON, MARCH 14 & 15, 2015, 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 35 Denton; and WHEREAS, ROOSTERS ROADHOUSE INC. DBA ROOSTERS has requested that they be the sole participant allowed to sell alcoholic beverages at this year's 35 Denton, March 14 & 15, 2015; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. ROOSTERS ROADHOUSE INC. DBA ROOSTERS shall be the sole participant allowed to sell alcoholic beverages on City property at 35 DENTON, MARCH 14 & 15, 2015, 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. 35 Denton 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 35 Denton. 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 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY po' BY- 7 5 A" day of 2015. CHRIS WATTS, MAY 1 ICU This Agreement, made this day of Q/ m, 2015, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and ROOSTERS ROADHOUSE, INC. DBA ROOSTERS WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: L" 010 M IRA The City grants to ROOSTERS ROADHOUSE, INC. DBA ROOSTERS the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the 35 DENTON, a festival, on MARCH 14 & 15, 2015, to be held in Williams Trade Square. This privilege does not extend beyond the date of the 35 DENTON set for the year 2015. ARTICLE 1� 1 ROOSTERS ROADHOUSE, INC. DBA ROOSTERS, in order to exercise the privilege to sell alcoholic beverages, must perform the following: A. ROOSTERS ROADHOUSE, INC. DBA ROOSTERS shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at 35 DENTON. B. ROOSTERS ROADHOUSE, INC. DBA ROOSTERS shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at 35 DENTON. C. 35 Denton shall be solely responsible for obtaining and paying for any security necessary for the sale of alcoholic beverages at 35 DENTON. D. ROOSTERS ROADHOUSE, INC. DBA ROOSTERS'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 35 DENTON. C. ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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 ROOSTERS ROADHOUSE, INC. DBA ROOSTERS. In such event, ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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: ROOSTERS ROADHOUSE, INC. CITY OF DENTON: DBA ROOSTERS Alan Pierce 113 Industrial St. Denton, Texas 76201 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. Page 3 ARTICLE 3 LOCAL RULES AND REGULATION ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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. ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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. ROOSTERS ROADHOUSE, INC. DBA ROOSTERS will exercise reasonable care and due diligence in their sale of alcoholic beverages at 35 DENTON. ARTICLE 4 INDEMNITY AGREEMENT ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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 ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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, ROOSTERS ROADHOUSE, INC. DBA ROOSTERS 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. Page 2 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and ROOSTERS ROADHOUSE, INC. DBA ROOSTERS has executed this Agreement through its duly authorized undersigned officer on this the 3 day of Llll aAlp h J , 2015. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY �k P' APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY WITNESS: ON mV ROOSTERS O,IJIOI.ISI;, I lA lS "1 "IaIS BY:o w ALAN PIERCI,, Page 5