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Home My WebLink AboutR2016-0221 • 1 WHEREAS, the City Council finds that it is in the public interest to select a vendor of alcoholic beverages at Oaktopia; and D12-DENTONI, LLC, DBA LONE•' ATTITUDE has requested that SEPTEMBERthey being a participant, be allowed to sell alcoholic beverages at this year's OAKTOPIA, 1 • NOW, •. SECTION 1. D12-DENTON1, LLC, DBA LONE STAR ATTITUDE BURGERS shall be a participant allowed to sell alcoholic beverages at OAKTOPIA, SEPTEMBER 22-24, 2016, ON CITY PROPERTY (PUBLIC STREET) OF 100-200 BLOCK OF E. OAK ST., PRIVATE PROPERTY KNOWN AS TRAVELSTEAD LOCATED AT 209-211 E. HICKORY, 126 E. OAK STREET REFERRED TO AS SECOND STAGE AREA, AND THE E. OAK/E. MCKINNEY STREETS PARKING LOT; upon the following conditions: 1. They shall be • • ': • to obtain •' • and permitfor 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; agree5, They to indemnify the City of Denton against.• •- to the selling of alcoholic beverages at Oaktopia. 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� 2016. CHRIS WATTS, r- OR w. m ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _..._�_._. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY • 1 1 1 II 1 I 1: 1 1 STATE OF TEXAS § WE 0) ill I WK61 W 11 a 011 to] This Agreement, made this 1(9 day of , 2016, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and DI2- DENTONI, 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: • R rel 12 1 04-71-M N 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 OAKTOPIA on SEPTEMBER 22 - 24, 2016, to be held on E. Oak Street between Austin and Oakland Streets, including the E. McKinney/E. Oak parking lot and Travelstead property. This privilege does not extend beyond the date(s) of OAKTOPA set for the year 2016. ARTICLE 1 1 ' 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 OAKTOPIA. 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 OAKTOPIA. C. DI2-DENTONI, 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 OAKTOPIA. DI2-DENTON1, 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 OAKTOPIA. hAdtip even ts\events\0816 oaktopia\oaktopia alcohol contract lsa.docx ARTICLE 3 LOCAL RULES AND REGULATIOI D12-DENTON1, 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. D12- DENTON1, 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. D12-DENTON1, LLC, DBA LONE STAR ATTITUDE BURGERS will exercise reasonable care and due diligence in their sale of alcoholic beverages at the OAKTOPIA. I lei 13 010 lei I am M" IH 04 D12-DENTON1, 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 D12-DENTON1, 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. During the performance of the Agreement, D12-DENTON1, 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. Page 2 hAdtip events\events\0816 oaktopia\oaktopia alcohol contract Isa.docx B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City -owned property where alcohol 1A411 be provided or served. C. D12-DENTON1, 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 D12-DENTON1, LLC, DBA LONE STAR ATTITUDE BURGERS. In such event, D12-DENTON1, LLC, DBA LONE STAR ATTITUDE BURGERS shall, prior to the effectivedate of the change or cancellation, serve substitute policies furnishing the same coverage. 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: D12-DENTON1, LLC, DBA LONE STAR ATTITUDE BURGERS: CITY OF DENTON: Earl Herrington 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. I OWN ILI ti W.11" 15.4 0101 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. 61 BLVA B1 Z51*11 H 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 Page 3 hAdtip events\events\0816 oaktopia\oaktopia alcohol contract Isa.docx enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 9 -W I j 1. AfWLrft1*N"k1 W W. In performing the services required hereunder, D12-DENTON1, 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. 1F.1 ta N LN 11111 ! 9 04 4XII D12-DENTON1, 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. MWEIMPIV[STMI FAM MIMI Ilm D12-DENTON1, 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. I Is IVA Me] I) I OVA 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. 10 1041 D1 M M 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 hAdtip events\events\0816 oaktopia\oaktopia alcohol contract Isa.docx 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 A'n-i'r(JD1- KJRGI.S has execLiteNdlis Agreetilew through its duly authorized undersigned officer oil this (lie day of 2016. ATTEST: JENNIFER WALTERS, CITY SECRETAR"' a BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: V2110,21wo M im Rj§\1N 1, LLC, DBA LONE STAR , J[J1kGERS I= x2i