HomeMy WebLinkAboutR2016-005sAlegal\ our documents \resolutions \16\resolution 35 Benton alcohol sales Isa.docx
A RESOLUTION ALLOWING DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE
BURGERS, TO BE ALLOWED TO SELL ALCOHOLIC BEVERAGES AT 35 DENTON,
MARCH 11 -13, 2016, 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 35 DENTON; and
WHEREAS, DI2- DENTONI, LLC, dba LONE STAR ATTITUDE BURGERS, has
requested that they being a participant, be allowed to sell alcoholic beverages at this year's 35
DENTON, MARCH 11 -13, 2016; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. D12-DENTON I, LLC, dba LONE STAR ATTITUDE BURGERS, shall be
a participant allowed to sell alcoholic beverages at 35 DENTON, MARCH 11 -13, 2016, in the
Williams Trade Square 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 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.
s: \legal \our documents \resolutions \16\resolution 35 denton alcohol sales Isa.docx
PASSED AND APPROVED this the
day of . e a �� .m ...> 2016.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: °.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ..,a
Page 2
:_ —a—
CHRIS WATTS, MAYOR
CITY OF DENTON AGREEMENT WITH
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this /4 day of , 2016, by and between the
City of Denton, a municipal corporation, hereinafter referred to s the "CITY" and DI2 -
DENTON I, LLC, DBA LONE STAR ATTITUDE BURGERS.
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 DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS
the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set
forth, for the 35 DENTON on MARCH 11 -13, 2016, to be held on Williams Trade Square. This
privilege does not extend beyond the date of the 35 DENTON set for the year 2016.
ARTICLE 2
SCOPE OF SERVICES
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS, in order to exercise
the privilege to sell alcoholic beverages, must perform the following:
A. DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS shall be solely
responsible for the rental and payment for any booth space necessary for the sale of
alcoholic beverages at the 35 DENTON.
B. DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS shall be solely
responsible to obtain any temporary license and permit necessary for the selling of
alcoholic beverages at the 35 DENTON.
C. DI2- DENTON1, LLC, DBA LONE STAR ATTITUDE BURGERS shall be solely
responsible for obtaining and paying for any security necessary for their sale of alcoholic
beverages at the 35 DENTON.
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS'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 35 DENTON.
ARTICLE 3
LOCAL RULES AND REGULATION
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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. DI2 -
DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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.
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS will exercise
reasonable care and due diligence in their sale of alcoholic beverages at the 35 DENTON.
ARTICLE 4
INDEMNITY AGREEMENT
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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 DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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, DI2- DENTONI, LLC, DBA LONE STAR
ATTITUDE BURGERS 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.
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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. DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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 DI2- DENTONI, LLC, DBA LONE
STAR ATTITUDE BURGERS. In such event, DI2- DENTONI, LLC, DBA LONE
STAR ATTITUDE BURGERS 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:
DI2- DENTONI, LLC,
DBA LONE STAR ATTITUDE BURGERS:
CITY OF DENTON:
Steve Watkins
City Manager
113 W. Hickory
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
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enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, DI2- DENTONI, LLC, DBA LONE
STAR ATTITUDE BURGERS 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
D12- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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
DI2- DENTONI, LLC, DBA LONE STAR ATTITUDE BURGERS 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.
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IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and D12-DENTONI, LLC, DBA LONE STAR
ATTITUDE BLJJ'�GERS has execitted (his Agreement through its duly authorized undersigned
officer on this the day 2016.
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B Y: 4&—it %rchotc(ar,llyl -
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
42-
BY:
70
WITNESS:
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1)12-1)Er-)l? T � 1, LLC, DBA LONE STAR
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A '6'(JRGERS
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