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Home My WebLink About20-661RESOLUTION NO. 2�-661 A RESOLUTION OF THE CITY OF DENTON ALLOWING THE BEARDED MONK TO SELL ALCOHOLIC BEVERAGES AT THE DENTON PARKS FOUNDATION RETURN TO RECESS, ON FRIDAY, APRIL 17, 2020, FROM 6:00 P.M. TO 9:00 P.M., AT WII,LIAM TRADE SQUARE PARKING LOT, UPON SATISFYIl�TG CERTAIN CONDITIONS; AUTHORIZING T`HE 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 William Trade Square parking lot, known also as William Square; and WHEREAS, DENTON PARKS FOUNDATION will host the Denton Parks Foundation Return to Recess on Friday, April 17, 2020, from 6:00 p.m. to 9:00 p.m. at William Trade Square parking lot to engage adults over parks and play while also raising unrestricted funding to best serve our community park and play needs; and WHEREAS, THE BEARDED MONK has requested that they are allowed to sell alcoholic beverages at the Denton Paxks Foundation Return to Recess; and WHEREAS, the City Council deems it in the public interest to authorize the City Manager, or his designee, to a11ow THE BEARDED MONK to sell alcoholic beverages at the Denton Parks Foundation Return to Recess on Friday, April 17, 2020, so long as certain conditions are met by THE BEARDED MONK and DENTON PARKS FOUNDATION; NOW, THEREFORE, TI� COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein SECTION 2. THE BEARDED MONK shall be allowed to sell alcoholic beverages at the Denton Parks Foundation Return to Recess, on Friday, April 17, 2020, from 6:00 p.m. to 9:00 p.m. to be held at William Trade Square parking lot, Denton, Texas, upon entering into and complying with the attached contractual agreement with the City of Denton and satisfying the following � conditions: THE BEARDED MONK shall be responsible for securing the space needed to sell alcoholic beverages at William Trade Squaxe parking lot; 2. THE BEARDED MONK shall abide by all laws, resolutions, rules, and regulations, and will be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at William Trade Square parking lot; 3. TI� BEARDED MONK shall furnish Liquor (Dramshop) Liability Insurance in the amount of $1,000,000 per occurrence and agrees to indemnify the City against any liability incident(s) related the sale of alcoholic beverages; 4. DENTON PARKS F4UNDATION will provide Comprehensive General Liability Insurance in the amount of $1,000,000 per occunence and agrees to indemnify the City against any liability incident(s) related to the event and the sale of alcoholic beverages; 5. DENTON PARKS FOUNDATION shall provide the security necessary for the sale of alcoholic beverages. SECTION 3. 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 4. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by � hn ��-�„ and �- _ seconded by _�� j�Q., �� . This Resolution was passed and approved by the following vote [� - v]: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse L. Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye ✓^ ✓ f ✓ ��M ✓ PASSED AND APPROVED this the Nay Abstain Absent ✓" �� day of � 2020. ��✓� CHRI ATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY l BY: _ ., � _ -- APPROVED AS TO LEGAL FORM: � � � -. �"'«`_`_' � �� CITY OF DENTON AGREEMENT WITH DENTON PARKS FOUNDATION AND THE BEARDED MONK STATE OF TEXAS COUNTY OF DENTON This Agreement, made this �day of , 2020, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and THE BEARDED MONK and DENTON PARKS FOUNDATION. 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 THE BEARDED MONK the privilege to sell alcoholic beverages for the DENTON PARKS FOUNDATION RETURN TO RECESS, subject to the exceptions and conditions hereinafter set forth, at the DENTON PARKS FOiJNDATION RETURN TO RECESS on Friday, April 17, 2020, from 6:00 p.m. to 9:00 p.m. to be held at William Trade Square parking lot, Denton, Texas. This privilege does not extend beyond said date and time. ARTICLE 2 TERMS AND CONDITIONS THE BEARDED MONK and DENTON PARKS FOUNDATION shall comply with this agreement and perform the following in order to exercise the privilege to sell alcoholic beverages at William Trade Square parking lot for the DENTON PARKS FOUNDATION RETURN TO RECESS: A. THE BEARDED MONK shall be responsible for securing the space needed to sell alcoholic beverages at William Trade Square parking lot. B. THE BEARDED MONK shall be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at William Trade Square parking lot for the DENTON PARKS FOUNDATION RETURN TO RECESS. C. DENTON PARKS FOUNDATION shall provide the security necessary for the sale of alcoholic beverages as predetermined and outlined in the William Trade Square parking lot rental agreement. D. DENTON PARKS FOUNDATION and THE BEARDED MONK shall waive their right to exercise the privilege to sell alcoholic beverages at William Trade Square parking lot for the DENTON PARKS FOUNDATION RETURN TO RECESS, if one or both respective parties fails to comply with any portion of this agreement including but not limited to, failing to provide proof of compliance prior to the event. ARTICLE 3 LOCAL RULES AND REGULATION THE BEARDED MONK and DENTON PARKS FOUNDATION agree to abide by all municipal, county, state and federal laws, resolutions, 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. THE BEARDED MONK 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. THE BEARDED MONK will exercise reasonable care and due diligence in the sale of alcoholic beverages at the DENTON PARKS FOLTNDATION RETURN TO RECESS. ARTICLE 4 INDEMNITY AGREEMENT THE BEARDED MONK and DENTON PARKS FOUNDATION 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 DENTON PARKS FOiJNDATION, THE BEARDED MONK, or their 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 this Agreement, THE BEARDED MONK and DENTON PARKS FOUNDATION 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. DENTON PARKS FOUNDATION shall provide and maintain Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 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. THE BEARDED MONK shall provide and maintain Liquor (Dramshop) Liability Insurance in the amount of $1,000,000 per occurrence for the DENTON PARKS FOLTNDATION RETURN TO RECESS at William Trade Square parking lot where alcohol will be provided or served. C. THE BEARDED MONK and DENTON PARKS FOUNDATION shall furnish insurance certificates or insurance policies to the CITY as evidence of 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. In such event, the policy holder, DENTON PARKS FOLJNDATION, and/or THE BEARDED MONK shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. D. Said insurance policies are subject to review by the CITY and may be rejected at the CITY's sole discretion, for any reason, as long as the reason is communicated to the policy holder prior to the day of the event. 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 addresses shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: THE BEARDED MONK Ben Esely, Owner 122 E. McKinney St. Denton, Texas 76201 DENTON PARKS FOUNDATION Brooke Moore, Executive Director 601 E. Hickory St. Denton, TX 76205 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' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and no (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 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, THE BEARDED MONK and DENTON PARKS FOUNDATION 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 THE BEARDED MONK and DENTON PARKS FOUNDATION represents that they have or will secure, at their 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 THE BEARDED MONK and DENTON PARKS FOUNDATION 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. Q : ARTICLE 13 MISCELLANEOUS Venue of any suit or cause of action under this Agreement sha11 lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 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 DENTON PARKS FOIJNDATION and THE BEARDED MONK has executed this Agreeme t through their duly authorized undersigned officers on this the �/s � day of � , 2020. `��iiiiii� .��y � � D �/V�'�� `` � • �,,..... � p �i . � ; ' � '1' � . � � G: �t � � • . : ;*:. � • . ! * ; ► = . ,. • � - : �; ;• � �: ��i OF'••..,.....••''�,�P`�� ATTEST: ''��'' � ��iii�� ►�'. ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AAF C CITY OF DENTON, TEXAS ` _•--- TODD HILEMAN, CITY MANAGER THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational ob iga ' s and business ter Signature Director of Parks and Recreation Title Parks and Reereation Department Department Date Signed: G�"-� � �� DENTON PARKS FOUNDATION BY• Broo e oore, Executive Director THE BEARDED MONK � �✓ ��L,�� BY: Ben Esely , WITNESS: :