The URL can be used to link to this page

Home My WebLink AboutR2007-010S:\Our Documents\Resolutions\07\Arts & Jazz Festival Res.doc RESOLUTION NO. /~ ~ DD'l - Q l C~ A RESOLUTION ALLOWING DENTON FESTIVAL FOUNDATION, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 27-29, 2007, 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 City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Denton Festival Foundation, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Denton Festival Foundation, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, first being April 27-29, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. 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. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz 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 hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/ ~'~2 day of , 2007. PE Y . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY LEGAL FORM: BY: EDWIN M. SNYDER, CITY ATTORNEY S:\Our Documents\COntracts\OMr>s end Jazz Festival Contreet.doc CIVIC CENTER AGREEMENT FOR THE DENTON FESTNAL FOUNDATION, INC. STATE OF TEXAS COUNTY OF DENTON This Agreement, made this ~~- day of /~, 2007, by and between the City of Denton, a municipal corporation, hereinafter re erred to as the "CITY" and the Denton Festival Foundation, Inc. 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 FESTIVAL FOUNDATION, INC. the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Denton Arts and Jazz Festival celebration on April 27-29, 2007, to be held at the Quakertown Pazk. 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 extends three years beyond the date ofthe Denton Arts and Jazz Festival celebration set for the yeaz 2007. ARTICLE 2 SCOPE OF SERVICES DENTON FESTNAL FOUNDATION, INC. in order to exercise the privilege to sell alcoholic beverages must perform the following: A. DENTON FESTNAL FOUNDATION, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Denton Arts and Jazz Festival. B. DENTON FESTNAL FOUNDATION, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Denton Arts and Jazz Festival. C. DENTON FESTNAL FOUNDATION, INC. shall be solely responsible for the obtaining and paying for any security necessazy for their sale of alcoholic beverages at the Denton Arts and Jazz Festival. DENTON FESTNAL FOUNDATION, INC.'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 Denton Arts and Jazz Festival. ARTICLE 3 LOCAL RIILES AND REGIILATION DENTON FESTIVAL FOUNDATION, INC. agces to abide by all municipal, county, state ami federal laws, ordinances, rules and regulations and specifically, without limitation, the Derrton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requiremeMS of arty duly authorized person acting in connection therewith. DENTON FESTIVAL FOUNDATION, INC. shall pay all taxes, if e~+, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. DENTON FESTIVAL FOUNDATION, INC. will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Denton Arts and Jazz Festival. ARTICLE 4 INDEMNITY AGREEMENT DENTON FESTIVAL FOUNDATION, INC. shall indemnify and save and hold harmless the CTfY and its offic~ars, agents, and employees from a~ against any and all liability, claims, demaads, losses, and expenses, inchding but not limited to, court coats and reasonable attorcey fees incurred by the C1T'Y, and including, without limitation, damages for bodily and personal injury, death and property damage, resuhing from the negligent acts or omissions of DENTON FESTIVAL FOUNDATION, INC. or it offices, shareholders, agents, or employees in the exeartion, operation, or performance ofthis Agreement. Nothing in this Agreemera shall be construed to create a liability to any person who is not a party to this Agre~reat, and nothing herein shalt waive arty of the parties' defenses, both ai law or equity, to any claim, cause of action, or litigation Sled by anyone not a party to this Agreement, inchding the defense of goveramemal immunity, wlrich defenses are her~ry expressly reserved. ARTICLE 5 INSIIRANCE During the performance of the Agreame~, DENI'ON FESTIVAL FOUNDATION, INC. shall roaima;n the following inwrrance 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 tban 500,000 for each occurreace and not less than $500,000 in the aggregate, and with property damage limits of not less that 3100,000 for each ocaurence and not less than 100,000 in the aggregate. B. DENTON FESTIVAL FOUNDATION, INC. shall firtniah insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance Denton Arts and Jazz Festival CeJebiaaioa ARrtemeat -page 2 policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall trot be canceled or modified without written notice to the CTIY and DENTON FESTIVAL FOUNDATION, INC. In such event, DENTON FESTIVAL FOUNDATION, INC. 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 ofthree (3) days' mailing: To DENTON FESTIVAL FOUNDATION, INC.: DENTON FESTIVAL FOUNDATION, INC.: Carol Short, Festival Directa~ Denton Festival Foundation, Inc. 525 Ft. Worth Dr. Su ~ to 2t I Denton, Tezas 76201 new; I in~j ~d tars 940 5 5 To CTTY: CITY OF DENTON City Manager 215 E. McKinney Denton, TX 76201 6-0931 o• Sox Afo~f j~e,.,{~„~'TJZ.7GZOZ 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 ~ exhibits, constitutes the complete and final expression of the agrcement ofthe parties, and is mended as a wmplete and exclusive statement of tbe terms of their agreements, and supersedes all prior comemporaneous offers, promises, representatiotrs, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABIIITY ff any provision of this Agreemem is found or cleaned 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 Agreemem to replace such stricken provision with a valid and enforceable provision which camas as close as possible to expressing the intention ofthe ~icAcen provision. Denton Arta and Jau Festival Celebration AR,raemmt - Papc 3 ARTICLE 9 DLSCRI1vIIItiATION PRA In performing the services required hereunder, DENTON FESTIVAL FOUNDATION, INC. shall not distxinrinate agaia~ any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL A DENTON FESTIVAL FOUNDATION, INC. represents that it bas or will seuue, at its own expense, all personnel required to perform all the services required under this Agreemern. Such personnel shalt not be employees or officers of, or have any comractual relations with the CITY. ARTICLE 11 ASSIGNABIi1TY DENTON FESTIVAL FOUNDATION, INC. shall not assign any interest in this Agreerneot, and shall not transfer any merest 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~eemem or of any covenant, condition, or limitation herein wrrtained shall be valid unless in writing anti duty exewted by the party to be charged therewith, and no evidence of any waiver or modification shalt be offered or received in evidence in a~ proceeding arising between the parties hero Dirt of or affecting this Agreement, or the rights or obGgadons of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties fiuther agree that the provisions ofthis section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A Tbe following exhibits are alts to and m/ tide a part of this Agrcement: (list exhibits) Exhibit "A° Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exchraively in Denton Courty, Texas. This Agreement shall be consttued in accordance with the laws of the State ofTexas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substamive terms or conditions ofthis Agreeme~. Denton Arts and Jau Festival Celetuation ARresment -Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager,. and DENTON FESTNAL FOUNDATION/ ~IN~C~.has executed this A ~eement through its duly authorized undersigned officer on this the ! /T/7 day of '~ r 2007. CITY OF DENTON, TEXAS GEORGE .CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: DENTON FESTIVAL FOUNDATION, INC. ~/ ,, nBY: l ~~C/t~-C~~r~'~ CAROL SHORT, Fesfival Director WITNESS: BY: Denton Arts and Jazz Festival Celebration Agreement -Page 5 t i EXHIBIT A S:\Our Documents\Resolu[ions\07\Arts & Jazz Festival Res.doc - RESOLUTIONNO._~=p~,D A RESOLUTION ALLOWING DENTON FESTIVAL FOUNDATION, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 27-29, 2007, 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 City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Denton Festival Foundation, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Denton Festival Foundation, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, first being Apri127-29, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. 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. 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz 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 agreementattachedheretoandmadeaparthereofbyreference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2007. PE Y . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO'(~ED A~"i'O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY