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Home My WebLink About18-1726S,U�ga]`our docurnents�resaluticans\18\ day of the dead alccshal . , � , ' � * �, * � �� : � �.. ��... � : � � � � ��. .. '.. � R '� . , '�..... �...... � ..... . * . � �.. '.. � •� :. l� � � � � 1 �.. . .... �� ...... '� . � �� ,� : � � '� : �� '�.. 1 . � '. .1 �� '� � �` , / �� i '.. �� . � 1 �. . � � , � 1. �. • � ��. • ��.. ' .... • ♦ ,� • 1. , • : •�� . �. • 1 �� : � � ..� � • �. '�.. � ��. .� � , �... ,: .. # 1 ��. ♦ � . . � .. .. � � ��. � . . ..... � .. �� '�... � ,. ! � �..... . , .: � . , : , � .. WHE AS, the City Council of the City of Denton finds that it is in the public interest to select a vendor of alcoholic beverages at Denton's Day of the Dead Festival; and � ` . , _, _ , - , , -� ,- .r . - �- . � -• � - ' , � � �- - .+- . -, f- � �, r - �-.r ' - . � . •. • •r- 1 : • '' • " i ...-. � .. ... '�. � � : / ��. : � � � i�� . �. �� `�.. � �..... ,, . �... .. � . . � .: � _. � � ��. .�. . .� ' . ., ' • #. �: � . � ��..'. - ( .. #� • ��. . � � r- - ._- . 1- � �. • - �-.r _ . , , �. • •�- 1 : � 11 ' • ' 1! '' . - . .r- � , - �. � '� , _ � - • • -- . � r '- r� - • • . � � � . • _� _ � - � . �- - �� - # - - , + � �## � �. - . • -. _ • _ • , �- _ �• � - '• •� . . . �# . - - . • •- • _ . . � • r- - .�- .r� r -� � , .�� • . - , _ ��. . � - . - � - � . � � + - - - - - , � - . - • , � � r- _ �,_ � � -.- * - � .' �r' �-.. -, • �- - - .r . - # � - �# � - . - - . . .r• • . _� . . � � ", 11 11 ! . � -, _ • - • ,, • � �- • • � , wr .• . , • � '� 1 111 •- • _ _ , �' + . � -. - �, - � .+ -- � •- - r �- • ,+. . .. �- � - - + � .' • • .- - ,.- . �- � �. �, _ . _ t-.• 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 agreemeni attached hereto and made a part by reference hereof. SECTION mm3. This Resolution shall became effective immediately upon its passage and approval. � S:\legal\our documents�resolutions\18\ day of the dead alcohol second d b motio �o �a��m��tlus Re��solution was m he Resolu�n was �� d � s ,_�� '��,�� ,°sed and approved by Y �.. �" �� the following vote � �` - �� ; ��' Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay � Abstain Absent PASSED AND APPROVED this the ��' ��'�� day of _�,:��j ��,� �, 2018. � ��.� �, � �,� ��»-�� .� � � WATTS�..MAYOR ... .... ....—. �"�l� � ATTEST: JENNIFER WALTERS, CITY SECRETARY : �a�� '�f��"��"f�:�;,:� C'��.��-"�� LEGAL FORM: �� 1 LEAL, CITY ATTORNEY S:\legaf\oisr doeiu'7enlsireso!`aBioirsil8l day of the dead alcohol CITY OF DENTON AGREEMENT WITH CAMPUS THEATFR CONCESSIONS, INC. STATE OF TEXAS § COUNTY OF DENTON § � �w , �r � "1`1�i� ��,r°��r�t, �� 11a�� .. ��:" �°�� f ��W�� i �, k�,y �� 1��aa��r� �l�a� City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and CAMPUS THEATER CONC�SSIONS, LLC. 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 CAMPUS THEATER CONCESSIONS, LLC the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for DENTON'S DAY OF THE DEAD FESTIVAL on October 27, 2018, from 11:00 A.M. TO 9:00 P,M., to be held at the Williams Trade Square parking lot. This privilege does not extend beyond the date and time of DENTON'S DAY OF THE DEAD FESTIVAL set for the year 2018. ARTICLE 2 TERMS AND CONDITIONS CAMPUS THEAT�R CONCESSIONS, LLC in order to exercise the privilege to sell alcoholic beverages must perform the following; A. CAMPUS THEATER CONCESSIONS, LLC shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at DENTON'S DAY OF THE DEAD FESTIVAL. B. CAMPUS THEAT�R CONCLSSIONS, LLC shall be solely responsible to obtain any temporary liccnse and permit necessary for the selling of alcoholic beverages at DCNTON'S DAY OP THE DEAD FESTIVAL. C. CAMPUS TH�ATER CONCESSIONS, LLC shall be solely responsible for the obtaining and pay for any security necessary for their sale of alcoholic beverages at DENTON'S DAY OF TH� DEAD FESTIVAL. S:\legal\our documenuUesolutions118\ day of the dead alcohol D. CAMPUS THEATER CONCESSIONS, LLC'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 DENTON'S DAY OF THE DEAD FESTIVAL. ARTICLE 3 LOCAL RULES AND REGULATION CAMPUS THEATER CONCESSIONS, LLC 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. CAMPUS THEATER CONCESSIONS, LLC 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. CAMPUS THEATER CONCESSIONS, LLC will exercise reasonable care and due diligence in their sale of alcoholic beverages at DENTON'S DAY OF THE DEAD FESTIVAL. ARTICLE 4 INDEMNITY AGREEMENT CAMPUS THEATER CONCESSIONS, LLC. 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 CAMPUS THEATER CONCESSIONS, LLC 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, CAMPUS THEATER CONCESSIONS, LLC 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 S:1legal\our documents�resolutions\18\ day of the dead alcohol 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. CAMPUS THEATER CONCESSIONS, LLC 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 CAMPUS THEATER CONCESSIONS, LLC. In such event, CAMPUS THEATER CONCESSIONS, LLC shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the sanne 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 of mailing the notice: To CAMPUS THEATER CONCESSIONS, LLC CAMPUS THEATER CONCESSIONS, LLC Brook Ray 3300 Darby Ln. Denton, Texas 76207 To CITY: CITY OF DENTON City Manager 215 E. McKinney St. 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 of mailin� the notice. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and one (1) 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. S:\legal\our documentsUesolutions\18\ day of the dead alcohol 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. ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, CAMPUS THEATER CONCESSIONS, LLC 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 CAMPUS THEATER CONCESSIONS, LLC 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 CAMPUS THEATER CONCESSIONS, LLC 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. S:\legal\our documents\resolutions\18\ day of the dead alcohol ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A": Resolution No. �" � w� � �;��,� :� 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. IN WITNESS HEREOF, the City of Denton has caused this Agreement to be executed by its duly authorized City Manager, and CAMPUS THEATER CONCESSIONS, LLC has executed this ��r��m�� :1�•��% it� c��.�� tl��iz�� .�n��i�ru�r� ��"�L��m r�:�� a� ila� . �� ;��r- �a� �� r� ' ��;��.,:�...� �(� l, �. ATTEST: WAL�°�I�� "�`T"�"�" SECRETARY �'"�"��'�4� TO LEGAL FORM: � LEAL, CITY A �°°�"�:�� "r! m : WITNESS: : CITY %�� T�� T��°�',��'�� " ,' �� / � �,,�� „ ,�� e._� p M..,�. � � ��r��,. �� TODD HILEMAN, CITY MANAGER � CAMPUS THEATER CONCESSIONS, LLC. I: Exhibit A S:Uegal\our documents�resolutions\18\ day ofthe dead RESOLUTION NO. 18-1726 A RESOLUTION ALLOWING THE CAMPUS THEATRE CONCESSIONS, LLC TO SELL ALCOHOLIC BEVERAGES FOR DENTON' S DAY OF THE DEAD FESTIVAL ON SATURDAY, OCTOBER 27, 2018, FROM 11:00 A.M. TO 9:00 P.M., AT THE WILLIAMS TRADE SQUARE PARKING LOT UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton finds that it is in the public interest to select a vendor of alcoholic beverages at Denton's Day of the Dead Festival; and WHEREAS, Campus Theater Concessions, LLC has requested that they be allowed to sell alcoholic beverages at this year's Denton's Day of the Dead Festival on Saturday, October 27, 2018; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Campus Theater Concessions, LLC shall be �� vendor allowed to sell alcoholic beverages at Denton's Day of the Dead Festival, Saturday, October 27, 2018, from 11:00 A.M. TO 9:00 P.M., at the Williams Trade Square parking lot at the corner of Locust Street and Hickory Street upon the following conditions: 1. Campus Theater Concessions, LLC shall be responsible for the rental of any booth or space necessary; 2. Campus Theater Concessions, LLC shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by an appropriate state agency; 3. Campus Theater Concessions, LLC shall provide the security necessary for the sale of alcoholic beverages; 4. Campus Theater Concessions, LLC shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000; 5. Campus Theater Concessions, LLC shall provide Liquor/Dram Shop Liability in the amount of $250,000 per occurrence; and 6. Campus Theater Concessions, LLC agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at Denton's 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 by reference hereof. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. S:Vegal\our documents�resolutionsU 8\ day of the dead alcohol r A, � p � olutian was made by ��,� �� m J,w_ and second d bymotion�t� �.�°�}��'r��tlus�Res the Resolution was p�ssed and approved by � , the following vote [ �"�,% � � � � � Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay ✓ ✓ ✓ ✓ ✓ ✓ ✓ Abstain Absent � y ��Mmr ...... da �;��'.�.��.. ,,��'„�.� _, 2018. PASSED AND APPROVED this the ��r�� r � � .._.�..._ ....�........ ..�—. �"1�-�:I w �,� WATTS, MAYOR I� _ . , . , ,. `I:�� %� f�:"�;� LEGAL FORM: LEAL, CITY ATTORNEY