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Home My WebLink AboutR2015-035\ \codad\departments \legal \our documents \resolutions \15 \resolution alcohol sales go[ hannahs.docx RESOLUTION NO. R2015 -035 A RESOLUTION ALLOWING HANNAH'S OFF THE SQUARE TO BE ALLOWED TO SELL ALCOHOLIC BEVERAGES AT GODDESSES OF LIGHT MUSIC FESTIVAL, NOVEMBER 6 -7, 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 at GODDESSES OF LIGHT MUSIC FESTIVAL; and WHEREAS, HANNAH'S OFF THE SQUARE has requested that they, being a participant, be allowed to sell alcoholic beverages at this year's GODDESSES OF LIGHT MUSIC FESTIVAL, NOVEMBER 6-7,2015; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. HANNAH'S OFF THE SQUARE shall be a participant allowed to sell alcoholic beverages at GODDESSES OF LIGHT MUSIC FESTIVAL, NOVEMBER 6 -7, 2015, in the WILLIAMS TRADE SQUARE, 100 BLOCK OF INDUSTRIAL ST, AND 100 & 200 BLOCK OF E. HICKORY ST 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; 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; and 5, They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at GODDESSES OF LIGHT MUSIC 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. sAlegal \our documents \resolutions \15\resolution alcohol sales gol hannahs.docx ....... PASSED AND APPROVED this the ZO day of L2 2015. n , CHRIS Al' � S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 of 2 \\codad\users\1 0 123 1 \desktop\hannahs.doc CITY OF DENTON AGREEMENT WITH HANNAH'S OFF THE SQUARE STATE OF TEXAS COUNTY OF DENTON This A r °eel icllt, it acle this 2t .. c1 r.y of ..,tA 2015, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and HANNAH'S OFF THE SQUARE. 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 HANNAH'S OFF THE SQUARE the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the GODDESSES OF LIGHT MUSIC FESTIVAL on November 6 -7, 2015, to be held on E. Hickory Street between Austin and Industrial Streets, Industrial Street, and including the Williams Trade Square Parking Lot. This privilege does not extend beyond the date(s) of the GODDESSES OF LIGHT MUSIC FESTIVAL set for the year 2015. ARTICLE 2 SCOPE OF SERVICES HANNAH'S OFF THE SQUARE in order to exercise the privilege to sell alcoholic beverages must perform the following: A. HANNAH'S OFF THE SQUARE shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the GODDESSES OF LIGHT MUSIC FESTIVAL. B. HANNAH'S OFF THE SQUARE shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the GODDESSES OF LIGHT MUSIC FESTIVAL. C. HANNAH'S OFF THE SQUARE shall be solely responsible for obtaining and paying for any security necessary for their sale of alcoholic beverages at the GODDESSES OF LIGHT MUSIC FESTIVAL. The HANNAH'S OFF THE SQUARE 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 GODDESSES OF LIGHT MUSIC FESTIVAL. c:\ users\ jp\ appda ta\local\microsoft \windows\inet cache\ content .outlook\agfesvdx\alcohol contract hannahs.docx ARTICLE 3 LOCAL RULES AND REGULATION HANNAH'S OFF THE SQUARE 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. HANNAH'S OFF THE SQUARE 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. HANNAH'S OFF THE SQUARE will exercise reasonable care and due diligence in their sale of alcoholic beverages at the GODDESSES OF LIGHT MUSIC FESTIVAL. ARTICLE 4 INDEMNITY AGREEMENT HANNAH'S OFF THE SQUARE 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 HANNAH'S OFF THE SQUARE 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, HANNAH'S OFF THE SQUARE 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/Drain 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 h c:\ users\ jp\ appdata\loca ]\microsoft \windows\inetcache\ content .outlook\agfesvdx\alcohol contract hannahs.docx C. HANNAH'S OFF THE SQUARE 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 HANNAH'S OFF THE SQUARE. In such event, HANNAH'S OFF THE SQUARE 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: HANNAH'S OFF THE SQUARE: CITY OF DENTON: City Manager 111 W. Mulberry St. 215 E. McKinney Denton, Texas 76201 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 ■ c:\ users\ jp\ appdata\local \microsoft \windows\inetcache\ content .outlook\agfesvdx\alcohol contract hannahs.docx ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, HANNAH'S OFF THE SQUARE 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 HANNAH'S OFF THE SQUARE 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 HANNAH'S OFF THE SQUARE 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. Page 4 Oy c:\users\jp\appdata\localViiicrosoft\windows\inetcache\content.outlook\agfesvdx\alcohoI contract hannahs.docx IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and HANNAH'S OFF THE SQUARE has executed this Agreeni.ent through its duly authorized Undersigiied off icer on this the _Z0 day 01, 2(11. � CITY OF DENTON, TEXAS GEOI GE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: WITNESS: I.", FIAN A[ 0' 'THE, QLJARE BY: Page 5 tcli�l