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HomeMy WebLinkAboutR2017-039sAlsgal\our duuments\resolutions\17\dayofthedead alcohol sell.doc RESOLUTION NO. 2017-039 A RESOLUTION ALLOWING CAMPUS THEATRE CONCESSIONS, LLC., TO SELL ALCOHOLIC BEVERAGES AT THE DENTON DAY OF THE DEAD FESTIVAL ON OCTOBER 28, 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, Campus Theatre Concessions, LLC., ("CTC") has requested that they be allowed to sell alcoholic beverages at this year's Denton Day of the Dead Festival, October 28, 2017; WHEREAS, the City finds that the request complies with applicable laws and ordinances, and upon certain conditions, as outlined below, should be approved; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Campus Theatre Concessions, LLC., shall be allowed to sell alcoholic beverages at the Denton Day of the Dead Festival, October 28, 2017, in the Williams Trade Square, 100 block of Industrial Street, and 100 & 200 block of E. Hickory Street upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. 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; 5. They shall provide Liquor/Dram Shop Liability in the amount of $250,000 per occurrence; and 6. They shall indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Day of the Dead 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.mmm PASSED AND APPROVED this the ``„ day of n Cfnb-e� , 2017. CI IU, ATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY 11011, � �� 11 LOOM I ILWVN @0 1 W.WHOIKININ WM Lf STATE OF TEXAS COUNTY OF DENTON This Agreement, made this /7 day of 2017, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and CAMMJS THEATRE CONCESSIONS, LLC. (hereafter "CTC") WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: The City grants to CAMPUS THEATRE CONCESSIONS, LLC the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DENTON DAY OF THE DEAD FESTIVAL on OCTOBER 29, 2017, 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 DENTON DAY OF THE DEAD FESTIVAL set for the year 2017. ARTICLE 2 SCOPE OF SERVICES CTC in order to exercise the privilege to sell alcoholic beverages, must perform the following: A. CTC shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DENTON DAY OF THE DEAD FESTIVAL. B. CTC shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DENTON DAY OF THE DEAD FESTIVAL. C. CTC shall be solely responsible for obtaining and paying for any security necessary for their sale of alcoholic beverages at the DENTON DAY OF THE DEAD FESTIVAL. D. CTC'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 DENTON DAY OF THE DEAD FESTIVAL. CTC 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. CTC 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. CTC will exercise reasonable care and due diligence in their sale of alcoholic beverages at the DENTON DAY OF THE DEAD FESTIVAL. 91Du0 1 W 1610MMC ►I CTC 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 CTC 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. 119 During the performance of the Agreement, CTC 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/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. CTC 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 CTC. In such event, CTC 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: CAMPUS THEATRE CONCESSIONS LLC: Brook Ray 110 W. Oak St. #A Denton, Texas 76201 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 w/ a copy to: Trey Lansford, Deputy City Attorney 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 ENTIRE AGREEMENT This Agreement, 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 1 t 11 , WN 01 �rf.,R;J 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 In performing the services required hereunder, CTC 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 CTC 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 CTC 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 attached to and made a part of this Agreement "Exhibit A" — Resolution No. z.b I -o3y B. Venue of any suitor 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. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CAMPUS THEATRE CONCESSIONS LLC has executed this Agreement through its duly authorized undersigned officer on this the I'?- day of �A:L 52017. CITY OF DI N"I'ON„ 11� .AS TODD I II:I.,I MA CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A11PIR I'D AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY EY " , CAMPUS THEATRE CC NCINSIONS LLC Rw WITNESS: RAY