HomeMy WebLinkAboutR2017-013RESOLUTION
• •
. R-2017-013
A RESOLUTION ALLOWING MI CASITA'S MEXICAN FOOD TO SELL ALCOHOLIC
BEVERAGES AT THE CINCO DE MAYO FESTIVAL HELD IN QUAKERTOWN PARK ON
MAY 6, 2017, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER O
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 Quakertown Park and through the
Park and Recreation Department co-sponsors, a Cinco De Mayo Festival at the Quakertown Park;
and
WHEREAS, the Cinco de Mayo Festival and Mi Casita Mexican Food have entered into a
private agreement whereby Mi Casita Mexican Food will serve alcohol at the festival; and
WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park
pursuant to City of Denton Code, §22-32 (b); and
WHEREAS, Matt Kohandani, doing business as Mi Casita Mexican Food has requested to
be allowed to sell alcoholic beverages at the festival; and
WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Mi
Casita be allowed to sell alcoholic beverages at the Cinco De Mayo Festival; and
WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and
Beautification Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Mi Casita's shall be allowed to sell alcoholic beverages at the Cinco De
Mayo Festival on May 6, 2017 at the Quakertown Park upon the following conditions:
1. They shall be responsible to obtain the temporary license and permit
for selling alcoholic beverages approved by appropriate state
agcaacy;
2. They shall provide the security necessary for the sale of alcoholic
beverages;
3. They shell provide geaaeral comprehensive liability insrwranee from
a responsible carrier, with the City as an additional insured, in the
amount of $500,000.00;
4. Liquor/Drain Sliop I_ ,,ibility in Tae ainount of $250,000 per ocelli-rence
for any event occcIrrirag 011 City -owned property Nvherc alcohol will be
provided or served; and
s:\Iegal\our documentsVesolutions\1 7\cinco de mayo alcohol sell.docx
5, They agree to indemnify the City of Denton against any liability
incident to the selling of alcoholic beverages at the Cinco De Mayo
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.
PASSED AND APPROVED this the day of—Ar-A L .......... -'--1 2017.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO -'DAS 'CO) LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: ft
sAlegal\our documents\contracts\17\cinco de mayo alcohol sales.docx
QUAKERTOWN PARK AGREEMENT FOR
THE CINCO DE MAYO FESTIVAL
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this _ day of �� 1 , 2017, by and between the
City of Denton, a municipal corporation hereinafter relerred Co as (lie "CITY" and MI CASITA
MEXICAN FOOD, (called "MI CASITA".)
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
GENERAL
The City grants to MI CASITA the privilege to sell alcoholic beverages, subject to the
exceptions and conditions hereinafter set forth, for the CINCO DE MAYO FESTIVAL on May 6,
2017, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of
the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This
privilege does not extend beyond the date of the CINCO DE MAYO FESTIVAL set for the year
2017.
ARTICLE 2
TERMS AND CONDITIONS
MI CASITA in order to exercise the privilege to sell alcoholic beverages must perform the
following:
A. MI CASITA shall be solely responsible for the rental and payment for any booth space
necessary for the sale of alcoholic beverages at the CINCO DE MAYO FESTIVAL.
B. MI CASITA shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the CINCO DE MAYO FESTIVAL.
C. MI CASITA shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the CINCO DE MAYO FESTIVAL.
D. MI CASITA 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 CINCO DE
MAYO FESTIVAL.
ARTICLE 3
LOCAL RULES AND REGULATIOP
MI CASITA agrees to abide by all municipal, county, state and federal laws, ordinances,
rules and regulations and specifically, without limitation, the Quakertown Park Rules and
Regulations, 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, MI CASITA
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.
MI CASITA will exercise reasonable care and due diligence in their sale of alcoholic
beverages at the CINCO DE MAYO FESTIVAL.
11. 1
111211301011211yff.11 1110
MI CASITA 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 MI CASITA 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.
V
I I ilq L4 11 go 01-1110 WE
During the performance of the Agreement, MI CASITA 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.
CINCO DE MAYO FESTIVAL Agreement — Page 2
C. MI CASITA 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 MI CASITA. In such event,
MI CASITA shall, prior to the effective date 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:
Mi Casita Mexican Fo"-
Matt Kohandani
110 N. Carroll Blvd
Denton, TX 76201
City of Denton
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
11 -111 -TWX 6-QXXX
A
This Agreement, consisting of five (5) pages and one exhibit, 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.
0 OLVA 01 VIVA ffl@]o
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.
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, MI CASITA 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
MI CASITA 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
MI CASITA 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„ The following exhibits are at�taclied to aridjade a part of this Agreement; (list exhibits)
Exhibit "A" Resolution No,��"
B. 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.
C. 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.
CINCO DE MAYO FESTIVAL Agreement — Page 4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and MI CASH bas executod this CMIUMU
through its duly authorized undersigned officer on this the day of
2017,
Cl"I'Y OF DENTO
TODD HILEMAN, CITY MANAGER
A'f`TEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
MI 17(X
BY:
N,Ikll KOf 1ANDANI, OWNER
WITNESS:
IM
CINCO DE MAYO CELEBRATION Agreement— Page 5
s;\legal\our documents resolutions\I7\cinco de mayo alcohol Exhibit A
RESOLUTION NO,
82017-013
A RESOLUTION ALLOWING MI CASITA'S MEXICAN FOOD TO SELL ALCOHOLIC
BEVERAGES AT THE CINCO DE MAYO FESTIVAL HELD IN QUAKERTOWN PARK ON
MAY 6, 2017, 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 Quakertown Park and through the
Park and Recreation Department co-sponsors, a Cinco De Mayo Festival at the Quakertown Park;
and
WHEREAS, the Cinco de Mayo Festival and Mi Casita Mexican Food have entered into a
private agreement whereby Mi Casita Mexican Food will serve alcohol at the festival; and
WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park
pursuant to City of Denton Code, §22-32 (b); and
WHEREAS, Matt Kohandani, doing business as Mi Casita Mexican Food has requested to
be allowed to sell alcoholic beverages at the festival; and
WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Mi
Casita be allowed to sell alcoholic beverages at the Cinco De Mayo Festival; and
WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and
Beautification Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Mi Casita's shall be allowed to sell alcoholic beverages at the Cinco De
Mayo Festival on May 6, 2017 at the Quakertown Park 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. 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; and
Page 1 of 2
s:\Iegal\our documentAresolutions\Mcinco de mayo alcohol sell.docx
They agree to indemnify the City of Denton against any liability
incident to the selling of alcoholic beverages at the Cinco De Mayo
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.
day of
PASSED AND APPROVED this the 2017,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO D AS '0 LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
Page 2 of 2
...... . ................... ..
S S, MAYOR