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Home My WebLink About21-2089RESOLUTION NO. 21-2089 A RESOLUTION OF THE CITY OF DENTON ALLOWING DENTON COUNTY BREWING COMPANY TO SELL ALCOHOLIC BEVERAGES AT THE 940 DISC GOLF TOURNAMENT, ON SATURDAY, OCTOBER 16, 2021, AT THE NORTH LAKES DISC GOLF COURSE, UPON SATISFYING CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER., TO SCUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of North Lakes Disc Golf Course; and WHEREAS, the Denton Parks Foundation is a fiscal sponsor of 940 Disc Golf who will host the 940 Disc Golf tournament on Saturday, October 16, 2021, at the North Lakes Disc Golf Course in Denton, Texas, to raise funds for area nonprofits; and WHEREAS, Denton County Brewing Company has requested that they be allowed to sell alcoholic beverages at the 940 Disc Golf tournament; and WHEREAS, the City Council deems it in the public interest to authorize the City Manager, to allow Deaton Brewing Company to sell alcoholic beverages at 940 Disc Golf tournament on Saturday, October 16, 2021, so long as certain conditions are met by Denton Brewing Company and 940 Disc Golf.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON TIERMY 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. Denton County Brewing Company shall be allowed to sell alcoholic beverages at the 940 Disc Golftournament, on Saturday, October 16, at the North Lakes Disc Golf Course, Denton, Texas, upon entering into and complying witb the attached agreement with the City of Denton and satisfying the following conditions: 1. Denton County Brewing Company shall be responsible for securing the space needed to sell alcoholic beverages at the North Lakes Disc Golf Course; 2. Denton County Brewing Company 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 the North Lakes Disc Golf Course; 3. Denton County Brewing Company shall furnish liquor (Dram shop) 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. The Denton Patios Foundation will provide Comprehensive General Liability Insurance in the amount of $1,000,000 per occurrence and agrees to indemnify the City against any liability incident(s) related to the event and the sale of alcoholic beverages; 5. The Denton Parks Foundation shall provide the security necessary for the sale of alcoholic beverages. SECTION 3, The City Manager 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 . This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by IGSSP 1 \1; and seconded by ' 4r .cam Q..C4C– This Resolution was passed and approved by the following vote [ 7 - a: PASSED AND APPROVED this the _12 ' day of -�o g—<- 2021 - GERARD HUDSPETH, MAYOR ,Aye Nay Abstain Absent Mayor Gerard Hudspeth: U.", Vicki Byrd, District 1.: .� Brian Beck, District 2: ^ ✓ Jesse L. Davis, District 3: Alison Maguire, District 4: —�— Deb Armintor, At Large Place 5: ✓ Paul Meltzer, At Large Place b: PASSED AND APPROVED this the _12 ' day of -�o g—<- 2021 - GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLLIFTON, IN'T'ERIM CITY ATTORNEY BY: CITY OF DENTON AGREEMENT WITH THE DENTON PARIS FOUNDATION AND DENTON COUNTY BREWING COMPANY STATE OF TEXAS COUNTY OF DENTON This Agreement made this AIt'h day of . D[,}-C>)p e C , 2421, by and between the City of Denton, a Texas home -rule municipal corporation, hereinafter re&Tred to as the "CITY", and DENTON BREWING COMPANY 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 DENTON BREWING COMPANY the privilege to sell alcoholic beverages for the DENTON PARKS FOUNDATION, subject to the exceptions and conditions hereinafter set forth, at the 944 DISC GOLF TOURNAMENT on Saturday, October 16, to be meld at the North Lakes Disc Golf Course, Denton, Texas. This privilege does not extend Beyond said date and time. ARTICLE 2 TERMS AND CONDITIONS DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION shall comply with this agreement and perforin the following in order to exercise the privilege to sell alcoholic beverages at the North Lakes Disc Golf Course for the 440 Disc Golf tourawnent: A. DENTON COUNTY BREWING COMPANY shall be responsible for securing the space needed to sell alcoholic beverages at the North Lakes Disc Golf Course. B. DENTON COUNTY BREWING COMPANY shall be responsible for obtaining the temporary license and permit: required to sell alcoholic beverages at the North Lakes Disc Golf Course for the 940 Disc Golf tournament. C. DENTON PARKS FOUNDATION shall provide the security necessary for the sale of alcoholic beverages as predetermined and outlined in the North Lakes Disc Golf Course rental agreement, D. DENTON PARKS FOUNDATION and DENTON COUNTY BREWING COMPANY shall waive their right to exercise the privilege to sell alcoholic beverages at the North Lakes Disc Golf Course for the 940 Disc Golf tournamcnt, if one or both respective parties falls 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 DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION agree to abide by all municipal, county, state and federal laws, resolutions, rales 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. DENTON COUNTY BREWING COMPANY shall pay all tames, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. DENTON COUNTY BREWING COMPANY will exercise reasonable care and due diligence in the sale of alcoholic beverages at the 940 DISC GOLF TOURNAMENT. ARTICLE 4 INDEMNITY AGREEMENT DENTON COUNTY BREWING COMPANY 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 FOUNDATION, DENTON BRWING COMPANY, 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 isnot a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause ofaction, 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, DENTON BREWING COMPANY 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 ofnot less than $1,000,404 for each occurrence and not less than $1,440,000 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. DENTON BREWING COMPANY shall provide and maintain Liquor (Dram shop) Liability Insurance in the amount of $1,000,000 per occurrence for the 940 DISC GOLF TOURNANIENT at the North Lakes Disc Golf tournament where alcohol will be provided or served. C. DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION shall finish 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 QTY. in such event, the policy holder, DENTON PARKS FOUNDATION, andlor DENTON COUNTY BREWING COMPANY shall, prior to the effective date of the change or cancellation, serve substitute policies f irnishing 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: DENTON COUNTY BREWING COMPANY CITY OFDENTON: Seth Morgan City Manager 200 E. McKinney Street 215 E. McKinney St. Denton, Texas 76201 Denton, Texas 76201 DENTON PARKS FOUNDATION Brooke Moore, Executive Director 901 Texas Street Denton, TX 76209 All notices shall be deemed effeetivo upon receipt by the party to whose such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT` This Agreement, consisting of five (6) 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 heir agreemens, 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 - AR'T'ICLE 9 DISCRIlbffNATION PROHIBITED In performing the services required hereunder, DENTON COUNTY BREWING COMPANY and DENTON PACKS 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 DENTON COUNTY BREWING COMPANY 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 Aunt. Such personnel shall not be employees or officers of or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY DENTON COUNTY BREWING COMPANY 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 Ag cement 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 panties 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. 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. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager; and DENTON PARKS FOUNDATION and DENTON COUNTY BREWING COMPANY has executed this Agreement through their duly authorized undersigned officers on this the 12.E day of OC ,+O1) " , 2021. CITY OF DENTON, TEXAS SARA HENSLE INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY BY: _ Cj OF APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: DENTON PARKS FOUNDATION BY: r � � SETH MORGAN,? LINTY BREWING COMPANY A? BY: BROOKE MOORE, EXECUTIVE DIRECTOR WITNESS: n THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. fjq 4 de— SIGNATURE PRUfMD NAME p)mer e TITLE