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Home My WebLink About22-885RESOLtrrlONNO. 22-885 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOENtER WTO AN AGREEMENT WITH DENTON COUVIY BREWING COMPANYALLOWiNG THE SALE OF ALCOHOLIC BEVERAGES AT THE PARTY WITH FRIENDSEVENr. ON WEDNESDAY. JUNE 1. 2022, AT THE NORTH LAKES DRrvn+G RANGE.UPON SATISFYING CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECtIVEDATE WHEREAS, the City of Denton (“City’) is the ownw of North Lakes Driving Range, 2009W. Windsor Dr.; and WHEREAS, the Denton Parks Foundation will host the Party with Friends event on Wednesday, June 1, 2022, at North Lakes Driving Range in Denton, Texas, to raise funds forDenton Parks Foundation; and WHEREAS, Denton County Brewing Company has requested that they be allowed to sell alcoholic beverages at the Party with Friends event; and WHEREAS, the City Council downs it in the public interest to authorize the City Manager, to allow Denton Brewing Company to sell alcoholic beverages at Party with Friends event on Wednesday, June 1, 2022, so long as certain conditions are met by Denton Brewing Company andDenton Parks Foundation.; NOW, THEREFORE, THE COUNCEL OF THE CITY OF DENTON HEREBY RESOLVES: SECIION I. 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 Party with Friends event on Wednesday, June 1, at North Lakes Driving Range,Denton, Texas, upon entering into and complying with the attached agreement with the City of Denton and satisfying the following oonditions: 1.Denton County Brewing Company shall be responsible for securing the space needed to sell alcoholic beverages at North Lakes Driving Range. 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 North Lakes Driving Range. 3 DENTON COUNTY BREWING COMPANY shall furnish Liquor (Dram shop) Liability Insurance in the amount of $1,000,000 per occurrence and agrees toindemnify the City against any liability incident(s) related the sale of alcoholic beverages. 4.The DENTON PARKS FOUNDATION will provide Comprehensive GeneralLiability 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 4. This Resolution shall become effective immediately upon its passage and approval. The motLon to approve thi.s ordinance was made byby AL; thefollowing vote []_ - 1)J : and seconded ordinance was passl iMroved by the Aye Nay Abstain Absent Mayor Gerard Hudspeth:\/ P/ t/ \/’ y’ Vicki Byrd, District 1 : Brian Beck District 2: Jesse Davis, District 3: Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5:y/ VChris Watts, At Large Place 6: PASSED AND APPROVED this the ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: b\\111111/f/ MACK CITY ATrORNEY CITY OF DENTON AGREEMENT WITHDENTON PARKS FOUNDATION ANDDENTON COUNTY BREWING COMPANY STATE OF TEXAS § COUNFY OF DENTON § This Agreement, made this day of , 2022, by and between the City of Denton, a Texas home-rule municipal corporation, hereinafter mfened to as the "CFW11,and DENTON COUVFY 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 1GENERAL The City grants to DENTON BREWING COMPANY the privilege to sell alcoholic beverages for the DENTON PARKS FOUNDATION, subject to the exceptions and conditionshereinafter set forth, at the PARTY WITH FRIENDS on Wednesday, June 1, to be held at the North Lakes Driving Range, Denton, Texas. This privilege does not extend beyond said date andtime ARTICLE 2TERMS AND CONDITIONS DENTON COUIVFY BREWING COMPANY and DEbFFON PARKS FOUNDATION shall comply with this agreement and perform the following in order to exercise the privilege to sen alcoholic beverages at the North Lakes Driving Range for the PARty with Friends event: A.DENTON COUNTY BREWING COMPANY shall be responsible for securing the space needed to sell alcoholic beverag% at North Lakes Driving Range. B.DENTON COUNTY BREWING COMPANY shall be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at North Lakes Driving Range for the PARty with Friends event. C.DEMON PARKS FOUNDATION shall provide the security necessary for the sale of alcoholic beverages as predetermined and outlined in North Lakes Driving Range rental agreement. D.DENTON PARKS FOUNDATION and DENTON COUNTY BREWING COMPANY shall waive their right to exercise the privilege to sell alcoholic beverages at North Lakes Driving Range for the PARty with Friends event, 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 3LOCAL RULES AND REGULATION DENTON COUbWY BREWING COMPANY 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 andauthorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. DENTON COUNTY BREWING COMPANY 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. DENTON COUNTY BREWING COMPANY will exercise reasonable care and due diligence in the sale of alcoholic bevwagw at the PARTY WIFH FRIENDS EVENT. ARTICLE 4INDEMNITY AGREEMENT DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION shall indemnify and save and hold harmless the cru and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not liInited to, court costs and reasonable attorney fees incurred by the cru, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from thenegligmt 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 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 Agreemenl including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5INSURANCE During the performance of this Agreement, DENTON COUVFY 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 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.DENTON COUNTY BREWING COMPANY shall provide and maintain Liquor (Dram shop) Liability Insurance in the amount of $1,000,000 per ocaunence for the PARTY WFFH FRIENDS EVENT at North Lakes Driving Range where alcohol will be providedor served. C.DENTON COUNTY BREWING COMPANY 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 mcxhfied without written notice to the CITY. In such event, the policy holder, DENTON PARKSFOUNDATION, and/or DENTON COUNTY BREWING COMPANY shall, prior to the efFective date of the change or cancellation, serve substitute policies ftrmishing the same coverage. D.Said insurance policies are subject to review by the CIFY and may be rejected at the CFFY’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 6NOTICES All notices, communications, and reports required or pennitted under this Agreement shall be pusonally 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: DEVrON COUNTY BREWnvG COMPANY Seth Morgan, Owner 200 E. McKinney St. Denton, Texas 76201 crrY OF DENTON: Sara Hensley, City Manager215 E. McKinney St. Denton, Texas 76201 DENTON PARKS FOUNDATION Brooke Moore, Executive Director901-B Texas St. Denton, TX 76209 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE 7ENTIRE AGREEMENr This Agreement, consisting of nine (9) 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 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 8SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdictionto be invalid or unarforceable, 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 9DISCRIB4HNATION PROHIBITED In performing the services required henwrder, DENTON COUNTY BREWING COMPANY and DEIVFON 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 10PERSONNEL DENTON COUIVFY BREWING COMPANY and DENTON PARKS FOUNDATION represents that they have or will secure, at their own expense, all personael required to perform all the services required under this Agreement. Such personnel shall not be employees or oaicers of or have any contractual relations with the CITY, ARTICLE 11ASSIGNABILITY 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, nowtion, or otherwise) without the prior written consent of the CITY. ARTICLE 12MODIFICATION 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 evidenoe 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 bewaived unless as set forth herein. ARTICLE 13MISCELLANEOUS A.Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be constTued in accordance with the laws of the Stateof 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 Agnernent. IN wrFNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager; and DENFON PARKS FOUNDATION and DENTON COUNIY BREWING COMPANY has executed this Agreement through their duly authorized undersigned officers on this the day of , 2022. CITY OF DENrON, TEXAS SARA }DBNSLEY,CIFY MANAGER ArrEST: ROSA RIOS, CIFY SECRETARY BY: APPROVED AS TO LEGAL FORM:MACK REINWARD, crrY ATTORNEY DENrON PARKS FOUNDATION BROTkD B7DIRECTOR WITNESS: B )rr : THIS AGREEMENT nAS BEEN BOTH REVIEWED AND APPROVED as b finalnial and operational obligationsand businws terms. a sled a Mkk9sUP„'S PRINTED NAME Assk + Tlr&ah TrrLE DL { laS6EFimMgiT