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HomeMy WebLinkAboutR2009-010CODAD\Departments\Legal\Our Documents\Resolutions\09\Cinco De Mayo alcohol sell.doc RESOLUTION NO. A RESOLUTION ALLOWING MIGUELITO'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE C1NCO DE MAYO CELEBRATION ON MAY 2, 2009, 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 the Quakertown Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Diana Cruz, doing business as Miguelito's (called "Miguelito's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 2, 2009; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Miguelito's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; 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. Miguelito's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 2, 2009 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; CODAD\DepartmentAl-egal\Our Documents\Resolutions\09\Cinco De Mayo alcohol sell.doc 5.They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. 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 2009. Cwt MARK A.PkAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:k-1 n APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:i/ Page 2 of 2 r codad\departments\JegaMur documents\contracts\09\6nco de mayo contractdoc QUAKERTOWN PARK AGREEMENT FOR THE CINCO DE MAYO STATE OF TEXAS COUNTY OF DENTON This Agreement, made this V5-(day of 2009, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and MIGUELITO' S, (called "MIGUELITO' S"). 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 MIGUELITO'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the CINCO DE MAYO on May 2, 2009, 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 set for the year 2009. ARTICLE 2 SCOPE OF SERVICES MIGUELITO'S in order to exercise the privilege to sell alcoholic beverages must perform the following: A. MIGUELITO'S 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. B. MIGUELITO'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the CINCO DE MAYO. C. MIGUELITO' S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the CINCO DE MAYO. MIGUELITO'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 CINCO DE MAYO. ARTICLE 3 LOCAL RULES AND REGULATION MIGUELITO' S 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. MIGUELITO'S 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. MIGUELITO'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the CINCO DE MAYO. ARTICLE 4 INDEMNITY AGREEMENT MIGUELITO' S 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 MIGUELITO'S 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, MIGUELITO'S 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 S100,000 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 Agreement - Page 2 C. MIGUELITO'S 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 'ensured 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 MIGUELITO'S. In such event, MIGUELITO'S shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same 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' mailing: To MIGUELITO'S:To CITY: MIGUELITO' S City ofDenton Diana Cruz City Manager 420 E. McKinney 215 E. McKinney Denton, TX 76201 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 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. ARTICLE 8 SE VERABILITY 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. CINCO DE MAYO Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, MIGUELITO'S 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 MIGUELITO'S 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 MIGUELITO' S 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. i 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: (list exhibits) Exhibit "A" Resolution No. B.Venue of any suit or cause of action under this Agreement shall he 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 Agreement - Page 4 C0DAD\Departments\Lega1\0urpocuments\Resolutions\0W Exhibit A RESOLUTION NO. A RESOLUTION ALLOWING MIGUELITO'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE C1NCO DE MAYO CELEBRATION ON MAY 2, 2009, 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 the Quakertown Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Diana Cruz, doing business as Miguelito's (called "Miguelito's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 2, 2009; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Miguelito's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; 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. Miguelito's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 2, 2009 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; CODAD\Departments\Legal\Our Documents\Resolutions\09\Cinco De Mayo alcohol sell.doc 5.They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. 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 r 52009. L MARK A.YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:k-1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2