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Home My WebLink AboutR2015-033RESOLUTION NO. R2015 -033 A RESOLUTION ALLOWING DENTON RUGBY FOOTBALL CLUB, INC. TO BE ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS, OCTOBER 17, 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 Council finds that it is in the public interest to select a vendor of alcoholic beverages for the Friends with Benefits Presents: North Texas Hot Shots; and WHEREAS, Denton Rugby Football Club has requested that they be allowed to sell alcoholic beverages at this year's Friends with Benefits Presents: North Texas Hot Shots, October 17,2015; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Denton Rugby Football Club shall be a participant allowed to sell alcoholic beverages at Friends with Benefits Presents: North Texas Hot Shots upon the following conditions: They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 1 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 Friends with Benefits Presents: North Texas Hot Shots. 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. s:\Iegal\our documents\resolutions\l 5\alcohol sales - denton rugby football club for friends with benefits nt hot shots.docx PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Z) BY: Page 2 of 2 CITY OF DENTON AGREEMENT WITH DENTON RUGBY FOOTBALL CLUB, INC. STATE OF TEXAS § COUNTY OF DENTON § l i A a c�� +rut, ors �cic l9 is " play of )0 uo � T 2015, by Lurid bc(weeii tlic City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and DENTON RUGBY FOOTBALL CLUB, INC. 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 RUGBY FOOTBALL CLUB, INC. the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS on OCTOBER 17, 2015, to be held in the E. McKinney — E. Oak Parking Lot. This privilege does not extend beyond the date(s) of the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS set for the year 2015. ARTICLE 2 SCOPE OF SERVICES DENTON RUGBY FOOTBALL CLUB, INC. in order to exercise the privilege to sell alcoholic beverages, must perform the following: A. DENTON RUGBY FOOTBALL CLUB, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS. B. DENTON RUGBY FOOTBALL CLUB, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS. C. DENTON RUGBY FOOTBALL CLUB, INC. shall be solely responsible for obtaining and paying for any security necessary for their sale of alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS. D. DENTON RUGBY FOOTBALL CLUB, 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 hAdtip events \eventsWriends with benefltsftb tx hotshots - alcohol dentonrugbyfootballclub.doex selling alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS. ARTICLE 3 LOCAL RULES AND REGULATION DENTON RUGBY FOOTBALL CLUB, INC. 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. DENTON RUGBY FOOTBALL CLUB, INC. 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. DENTON RUGBY FOOTBALL CLUB, INC. will exercise reasonable care and due diligence in their sale of alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS. DENTON RUGBY FOOTBALL CLUB, INC. 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 DENTON RUGBY FOOTBALL CLUB, INC. 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. !;Fl 64 r During the performance of the Agreement, DENTON RUGBY FOOTBALL CLUB, 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. Page 2 hAdtup events \events \ffiends with benefits \f'wb tx hotshots - alcohol dent¢3tBU agby.footballclub.doex 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. C. DENTON RUGBY FOOTBALL CLUB, INC. 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 DENTON RUGBY FOOTBALL CLUB, INC. In such event, DENTON RUGBY FOOTBALL CLUB, INC. shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. MAN 1 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: DENTON RUGBY FOOTBALL CLUB, INC. CITY OF DENTON: Scott Waltz City Manager 707 Ridgecrest Cir 215 E. McKinney Denton, TX 76205 -5411 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. 10101 V 1 13 WA." 1114 D1 Did 1010 1 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. IN III A 1 • 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. hAdtip events\events \friends with benefits\fWb tx hotshots .- alcohol demo➢ - ugbyFootball.4 lab.doex ARTICLE 9 In performing the services required hereunder, DENTON RUGBY FOOTBALL CLUB, INC. shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ri ohm 19,891 w, DENTON RUGBY FOOTBALL CLUB, INC. 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. III ; hAdtip events \events \friends with benefits \fwb tx hotshots - alcohol dentonrugbyfootballclub.docx IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and DENTON RUGBY FOOTBALL CLUB, INC. has executed this Agreement through its duly authorized undersigned officer on this the day of �...m .. 2015. CITY OF DENTON, TEXAS �:"`77:�`--:� . . ... ... .... . GI , O t t 1? C CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: WITNESS: IM Dl A T(') j4Kjl Y �)( �M'BAI 1. CLUB, INC. ......... ..........�m,,,,,..,.,.,. -_._._ ............�... ........„.... SCOTT WALTZ Page 5