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HomeMy WebLinkAbout22-1161R£SOLUTION NO. 22-1161 A RESOLUTION OF THE CITY OF DENION AUTHORIZING THE crrY MANAGER TOEXECUTE AN AGREEMENT ALLOWING DENTON COUNTY BREWING COMPANY TOSELL ALCO]IOLIC BEVERAGES AT THII GLOW IN TW PARK EVENT. ON SATURDAY.JUNE 18, 2022. AT THE NORTH LAKH DBe GOLF COURSE UPON SATISFYINGCERTAIN coNDmoNs; AND PROVEDING FOR AN EFFECTIVE DATE. WHEREAS, tIn Denton Parks Foundation will host the Glow in the Park evart on Saturday, June 18, 2022, d North Lakes Disc Golf (louse in Denton, Texas, to rai© fUnds forDenton Parks Famdation; and WHEREAS, Denton County Bnwiw Company has requested they be allowed to ntl alcoholic beverages at the Glow in the Park went; and WHEREAS, the City Cotmcil dmtns it in the public interest to autbmia the City Manger, to allow lknton (buRy Brewing Cornpany to sell alcoholic bwemges at Glow in the Park event on Saturday, June 18, 2022, so long as certain conditions are met tv Denton Brewing Companyand Denton P©ksFourrdation.; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENrON HEREBY RESOLVES: SEUION I. The findings set forth in the pmmble of this Resolution an bx>orpot8ted byreference into the body of this Resolution as if fully set forth herein §ECHON 2. Denton Corny Bnwhg Company dull be allowed to nII aleobolic beverages at the Glow in the Park evart on Saturdw, Jlw 18, 2022, at North Lakes Disc Golf Cows& Denton, Texas, upon entering into urd complying with the attM;bed agrwment with theCity of Denton and satisfying the following conditiars: 1.Denton CouHy Brewing Company shall tn ruparsible for $@wing the space needed to sell alooholic tnvemgn at North Lakw Disc Golf Course; 2.Denton County Brewing Company shall abide by all laws, nsolutions, rules, and regulations, and will be rwponsible for obtairing the ternporary lianse and pmIit nquind to sell alcoholic tnvelages at North Laka Di% Qolf Course; 3.DENTON COUNTY BREWING COMPANY shan furnish Liquor (DraIn shop) Liability Inswance in the amount of $1,000,000 per occunane and agrees to indemtd8 the City against any liability incid£nK s) related the sale of alcoholic beverages; 4.The DENTON PARKS FOUNDATION will provide Compnharsive GeneralLiability Insurance in dn aarowrt of $1,000,000 per owunetrce and agrees to indemnify the City against any liability inci ant(s) related to tIn went and the sale of alcoholic beverages; 5.TIn DwroN PARKS FOUNDATION shall provide tIe security necesswy for the ute ofalainlic tw%rages. SEe:uM. The City Marugu is authoHzed to execute an 8greaneatinooafonniV with this Resolution, which shall be guMaatially inthe fom of the a8nwlent8ttaclnd hereto atKl madeapart bemf tw nfwaw. SECTiON 4. This Rnohrtion shall become effective immediately upon its passage mdqproval. The alodon to qIprove his Re90hltion was male by Br iCLr1 tER _ __ and s@olxled tw3'ard£>n aloe Mcb% . This Rwolutjog wu passed and apploved tv the foHowhg vote a_ - a: Aye Nay Abstain Ab„at Mayor Gerard Hulswth;F P/ V/ 1/ r 1/ ,/ Vicki Byrd, District 1 : Brian Beck, District 2: Jes3e Davis. District 3: Alison Maguin, District 4: Brandon Chase McGee, At Large PlaceS: Chris Watts, At Large Place 6: PASSED AND APPROVED this the IB day,f aIL'ie . 2022. ATTESTROSA RIOS CITY SECRETARY BY:A\\\It IIt//r APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATrORNEY n-:41."‘utauL_ -'\, BY: CHr OF DENTON AGREEMENT wrIHDENroN PARKS FOUNDATION ANDDENroN COUNIY BREWRVG COMPANY STATE OF TEXAS g COUNTY OF DENTON ! Thi, Ag„„„„,t,m,d,d,i,_Ld,y ,f amp ,2022,byaldbHwnntheCity ofDeatoI\ a Tms homerule munidpal oorpoado& !nleiluftw nfened h w the ”CfFY",and DHVrON couNrY BREWRqG cabOANY ad DnvroN PARKS FOUNDATION. WITNESSEIH, that in ooa9idadion of the covenants and agnements henin contained, the parties bUdD do rnutwlly agree as follows: MHgUL!GENERAL The City grants to DENTON COUNFY BREWING COMPANY the privilege to Hll alcoholic tnvetqges for DENTON PARKS FOUNDATION. subject to the w®pdons andconditions heninaftn set forth. at the GLOW IN THE PARK oa SATURDAY, JUNE 18, to be held at the North Laka Din Golf Course, Ihnton, Twas. This pdvOege does not extend bwondsaid date and tilm.wmTERMS AND CONDITIONS DntroN COUNTY BREWING COMPANY aRd DnfroN PARKS FOUNDATION shall comply with this 8grwlneat and perform the R>Howiq in order to waei© the privilege to sell a]colnlicbevengu U the North Lakes Disc Golf Course for the Glow in tIn Park event: A.DEMON COUNTY BREWING COMPANY shall te nqnndble for snuin8 the span needed to sell alcoholic bwmage9 at North Lakes Din Golf Coun. B-DENION COUNTY BREWnIG COMPANY d)all be nspondble for obtaining On @mpc}my Hmlse md pennitnquind to nU a]oohoHc tw€ages at North Lakes Disc GolfCourse for the Glow in the Park evait C.DENTON PARKS FOUNDATION shall provide the swung remwary for the mle of alcoholic twveag® as predetermined and outlined iaNonh Lakn Disc Golf Coun inalagnemalt. D.DENTON PARKS FOUNDATION aId DENtON couNrY BREWING COMPANY shall waive enb right to ateroise the privilege to sell 8lcabojjg twva8ges at North Lakw Disc Golf Gtiww for the Glow in the Park wall if one or tx>th msp@five pwtiw fail8 to comply with any portion of this a8nemeat imludin8 hlt not limited b, failing to provide proof ofoompli©m prior to the event. ARTICIE 3LOCAL RULES AND REGULATION DENFON COUNTY BREWiNG COMPANY and DEMON PARKS FOUNDATION agree to abide tv all municipal, county, state and federal laws, rwlu6ons, nl® arxl regulatims and sleci6ally, without limitation, to obtain all necessary and proper timIng, permits atxI authorizations, mI to comply with the nquhwetu3 of any duly authorized person acting in oonnwdonthenwith. DENFON COUbFFY BREWING COMPANY shall pay all taxes, if any. of every nature and dendpdon arising out of or in any nwrna conrnct€d with the sale of alcoholic beven€es. DENTON COUNTY BREWING COMPANY will exacise r%sonable care and due diligence in the sale of alcoholie tnvaages at the GLOW IN THE PARK EVEFFr. ARTICLE 4INDEMNIFY AGREEMENT DHVrON COUNTy BREWING COMPANY and DENTON PARKS FOUNDATION shall indannify and save and hold harmless tIn CITY and itsofBcas, agents, and employees h:)in and against any and all liabRity, claims, demmds, los©s, and expease8 includhw but not limited to, aowt costs md reasonable attomey fees incurred by the CITY, and includin& without limitation, damages for bodily and personal iIduty, death and property darnqe, resulting from thenegligent acts or omissions of DEMON PARKS FOUNDATION, DENTON BRWING COMPANY, or their officers, shareholders, agarts, or employew in the execudor\ opnadot\ orpnformanoe oftltis A8rwment Notting in this Agle€ment shall be cowland to en&tea liability to my person who is not a party to this Agr®mer& wrd nothing herein shall waive any of the parties- defarsw, both at law or equity, to any data\ cause ofagtjon, or litigatiar filed by anyone nd a party to this Agreement, including the defense ofgovumtental immurlty, which defmus we hereby expressly nsuved ABIWHVSURANCE Dwing the pafonnance of this Agnemmt, DENTON couvrY BREWING COMPANY and DENtON PARKS FOUNDATION shall maintain the Rglowing insnance with m insuance company licensed to do bushms in the State of Toms by the State Insurance Commisgon or wry successor agency that has a rating with Best Rate Carrius of atI@st an A- or above: A.DEIVFON PARKS FOUNDAIION shall provide and maintain C<mpnhmsive General Liability Inswanw with bodily injury Haas ofnot]esstban $1 mw) fore@howwruI% md not less than sl.000,(m in the aggregatq and with pnjlnny damage limits of not las than $100,(X)0 fbI nih o@urmoe ard not jug thu $100,DtD in the 889n8de. B.DENFON COUNTY BREWING COMPANY dull provide aId aulatain Uqtnr (Dam shop) Liability krsulnrr@ in dB arnouat of SIMa(D per owRteme for the GLOW IN THE PARK EVENT at North Lakes Din Golf Course whae alcohol will be provided orwrval C.DENTON couNrY BREWBqG COMPANY md DnfroN PARKS FOUNDATION shall RIrridr inwntwe @rti6edn or irsum policies to tIn CITY eg evidenm of sueit covnag% The insurwe poUdw gInn anne tIn CITY as al aldition81 inswed on all SIXlhpolides ald shall aont8in8poUdon duI such inswann ghall not in anceledotaxRli6ed without written naia to the CIU. In web wwt, tIn policy holchr, DENTON PARKS FOUNDATION, md/or DENTON COUNTY BREWING COMPANY shall, prior to the eaeaive date of the change or canwl18ioa, wye substitute policies furnishing the same coverWe D.Said inswam policies we $ubjaX to review by tIn CFFY and may be rejwted at tIncrrY’s sole disxetioa, for w nasorr, u law as therB8nn isoowrw$calod to tbepoH£y holdn prior to tIn day of the wall W£U£NOTiaES All notica, mmmudcalions, ad npoasnquiled w pealatIed under this A8ncnmt sMI be personally delivaed a auiled b the wwtiw paM by depositing same in the Unita Stat®mdl to the ad£besses shown blow, cedifi<1 alan, wtnm rweipt nquested, urlwg otherwiw speci6ed lw®in. Mailed aotiow shall be dearea oommu&ioated as of three (3) days’ arailing: DENrON COUNFY BREWING COMPANY Seth Morgan, Owner2(X) E. McKinney St. Denton, Texas 76201 crrY OF DEmON: SaraHms1% City Maa8gn215 E. McKinney St.Denton Texas 76201 DENTON PARKS FOUNDATIONBrmke Mmre, Executive Dilec&>r901.B Texas St. Denton, TX 76209 All notion shall be cleaned effective upon lwdpt by the puty to winn such notiw is givaI, u within thIn (3) days’ mailing. ®M7ENrnRE AGREMiENr This Agnarlalt, consisting of nine (9) pa8a nld 0 exhibits, constitutes ttn ooa41ete andfinal expn8sioa of the a8naneat of de pwtie$ aId is iater3ded w 8 complete alxI wclusive statanait of the team of their agnauent& md swenedes all prior oontemporwiww offers, promises,npn%atztiau, rngodadons, discussions, commutdado IIS, axl agmments which may have twa male in conInctian with tIe subject mattnhwo£ W&PgSEVERABiE.TrY Ifmyprovigon ofthisAgrutnmt is found or deemed by a court ofOomlnbatjwiRbctionto be invalid or unenfoneable, it shall tn caMdend sevelable Barn the nmaindn of thisAgreement and dull not calm tIn rmainder to in invalid orrmarforaable. In such event, theparties dull nformlhbAgnemalt b replwe such stricken provision with amlid and eMrwable provision which conn as clow as podble to exprwdag the intention of the stdckea provision ARn(.'LE PDISCRIMINATION PROmBiTED In performing dn $ewic®nqubd !nnunde& DENrON couNrY BREWING COMPANY and DEIVFON PARKS FOUNDATION shall Int discriminate against any pawn on the basis of ace, color, religion, sex, naHowl origin or ancestry, age, or physical handicap. ARTiCLE 10PERSONNEL DEivroN COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION nl>runts that thy have or will snure, at their own acpense, all personrnlnqtired to perform all the servica required under this Agnement SIXih persona shall not tn mployws or officers of or have any conaactual nldioas with the CITY. ARTICLE IIASSIGNABIIJW DENrON COUItN BREWING COMPANY aId DENTON PARKS FOUNDATION shall not assign atv intenst in this Agnement and shall not awsfu my intaest in this Agrwmmt(whether by assignmalt, nowtion, or otherwise) without fn prior written oonwnt of the CITY. ARTICLE 12MODnFICATION No waiver or modi6catioa of this Agrwmmt or of my covenant, omdition, or limitation herein contained stull tn valid unless in writing and duly exe€utal tw the party to be chargedtherewith, and no evideaae of any waiver or rnodificetion shall tn offered or received in widew€ in any pmweding arising between the parties hereto out of or affectirB this Agreea3eat, or the rights or obligations of the parties hereund% and WII%s SInk w8ivu or modi6adon is in wdtirB and duly exwuul; and the parties haIm agree that the povisions of this section will mt bewaived unlns as set forth herein ARTICIE 13MISCELLANEOUS A.Venue of any slit or wise of a:don under this Agreenmrt shall lie exclusively in Denton County, Texas. This AgMmatt shan be construed inmoalaaoewHhthe lawsofthe StateofTwas B.Ttn captions of this Agrwnmt ne for infonIutioml pwposes only aId shall not in anyway affect the substantive tsang or omditions ofthisAgBma£ IN WTFNESS HEREOF, an City of Denton, Texas has caused this Agmmart to tnexecuted by its duly m#boHn(I City Manager; and DENTON PARKS FOUNDATION and DENTON COUNTY BREWING COMPANY has weaned this A8reenrwt through their duly authorized rmdersigned officers on this the Ijk day of a ne _, 2022. CITY OF DENTON, TEXASaSARA HENSLEYcrrY MAN ATIEST:ROSA RIOS. CITy SECRETARY At111111111 w'._aa/>?„al, APPROVED AS TO LEGAL FORM:MACK REDqWARD. CITY ATTORNEY b+a#dpdndbyA#'A'dIT hv“.CDPdt+CaRlUmronGn+dGna#u80Rgaa+Uda\aRST bwr\ Uk 8:aI aSWB 1r : DwroN PARKS FOUNDATION BYSg[ImBREWNG coMKNYar+md -TBBY BRO©DIRECFOR WITNESS: BY: aZ@A4 h;y THIS AGREEMENr HAS BEEN BOTH REVnWED AND APPROVED as to financial and operational obligationsand bugjnas fans. { ('fc', .: : . t+4/Ly ;Ec(x:,\ SIGNATURE PRDrrED NAME 7 /J/ /tr c Tv( TITLE lane pUC> DEPARTNmNT • tec AC/+7,C #e