HomeMy WebLinkAbout22-1815DocuSign Envelope ID: 4212F127-01FA4F7B-8BE5-05C7A187281 C
RESOLUTION NO. 22-1815
A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER ORDESIGNEE TO EXECUTE AN AGREEMENT ALLOWING ALCOHOLIC BEVERAGES ATDENTON MAIN STREET ASSOCIATION’S FALL TWILIGHT TUNES SERIES, ON
THURSDAY, SEPTEMBER 29, 2022, THURSDAY, OCTOBER 6, 2022, THURSDAY,OCTOBER 13, 2022, THURSDAY, OCTOBER 20, 2022, AND THURSDAY, OCTOBER 27,2022, FROM 6:00 P.M. TO 7:30 P.M. AT WOLFF’S PARK; AND PROVIDING ANEFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the owner of WolfPs Park; and
WHEREAS, the Denton Main Street Association and the Parks and Recreation Department
will co-host the Fall Twilight Tunes Series, on Thursday, September 29, 2022, Thursday, October
6, 2022, Thursday, October 13, 2022, Thursday, October 20, 2022, and Thursday, October 27,
2022, from 6:00 p.m. to 7:30 p.m., at Wolff s Park in Denton, Texas, to feature local artists,
musicians, and performers and invites attendees to enjoy a night out listening to live music and
picnic in the park with food and drinks brought from home or from visiting one of the many
downtown eateries; and
WHEREAS. Denton Main Street Association has requested that attendees be allowed to
possess and consume alcoholic beverages at the Fall Twilight Tunes Series; and
WHEREAS. the City Council deems it in the public interest to authorize the City Manager,
or their designee, to allow alcoholic beverages at the Fall Twilight Tunes Series on Thursday,
September 29, 2022, Thursday, October 6, 2022, Thursday, October 13, 2022, Thursday, October
20, 2022, and Thursday, October 27, 2022, from 6:00 p.m. to 7:30 p.m., at Wolff s Park, so long
as certain conditions are met; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY 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. Fall Twilight Tunes Series attendees shall be allowed to possess and consume
alcoholic beverages at the Fall Twilight Tunes Series, on Thursday, September 29, 2022,
Thursday, October 6, 2022, Thursday, October 13, 2022, Thursday, October 20, 2022, and
Thursday, October 27, 2022, from 6:00 p.m. to 7:30 p.m., at Wolff s Park in Denton, Texas, upon
entering into and complying with the attached agreement with the City of Denton and satisfying
the following conditions:
1. DENTON MAIN STREET ASSOCIATION shall abide by all laws, resolutions, rules, and
regulations.
2. DENTON MAIN STREET ASSOCIATION shall furnish General Liability Insurance in
the amount of $1,000,000 per occurrence and agrees to indemnify the City against any
DocuSign Envelope ID: 4212F127-01FA4F7B-8BE5-05C7A187281 C
liability incident(s) related to the event and the consumption of alcoholic beverages;
SECTION 3. The City Manager, or 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 4. This Resolution shall become effective immediately upon its passage and
approval.
The motion to aDDrove this Resolution was made by
seconded by
by the following vote [ q - a:Al-fsb A MI This B>rikr\ \:ErR and
Resolution was passed and approved
Aye
y/
b/
1/
vr
V/
1/
b/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Jesse L. Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of a0 2022
#
ATTEST:
ROSA RIOS, CITY SECRETARY ,\\1111111
DocuSign Envelope ID: 4212F127-01FA4F7B-8BE5-05C7A187281 C
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
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CITY OF DENTON AGREEMENT WITHDENTON MAIN STREET ASSOCIATION
STATE OF TEXAS §
COUNTY OF DENTON §
This Agreement, made this LL+ay of,b%b/,2022, by and between the City of Dentona Texas home-rule municipal corporation, hereihafter referred to as the "CITY", and DENTONMAIN STREET ASSOCIATION
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1GENERAI I
The City grants to DENTON MAIN STREET ASSOCIATION the privilege for attendees
of the Fall Twilight Tunes Series to possess and consume alcoholic beverages at the FALL
TWILIGHT TUNES SERIES subject to the exceptions and conditions hereinafter set forth, on
Thursday, September 29, 2022, Thursday, October 6, 2022, Thursday, October 13, 2022,
Thursday, October 20, 2022, and Thursday, October 27, 2022, from 6:00 p.m. to 7:30 p.m., at
Wolff s Park, Denton, Texas. This privilege does not extend beyond said dates and times.
ARTICLE 2TERMS AND CONDITIONS
DENTON MAIN STREET ASSOCIATION shall comply with this agreement and perform the
following in order to exercise the privilege for attendees to possess and consume alcoholic
beverages at WolfPs Park for the FALL TWILIGHT TUNES SERIES :
A. DENTON MAIN STREET ASSOCIATION shall abide by all laws, resolutions, rules, and
regulations.
B. DENTON MAIN STREET ASSOCIATION shall furnish 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 consumption of alcoholic beverages;
C.DENTON MAIN STREET ASSOCIATION shall waive their right to exercise the privilege
for attendees to possess and consume alcoholic beverages at Wolff s Park for the FALL
TWILIGHT TUNES SERIES, if the respective party fails to comply with any portion of
this agreement including but not limited to, failing to provide proof of compliance prior tothe event.
ARTICLE 3LOCAL RULES AND REGULATION
DENTON MAIN STREET ASSOCIATION agrees 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, and authorizations, and to comply with the requirements
of any duly authorized person acting in connection therewith.
ARTICLE4INDEMNITY AGREEMENT
DENTON MAIN STREET ASSOCIATiON 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 DENTONMAIN STREET ASSOCIATION, 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 Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE 5INSURANCE
During the performance of this Agreement, DENTON MAIN STREET ASSOCIATION
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 withBest Rate Carriers of at least an A-or above:
A. DENTON MAIN STREET ASSOCIATION shall provide and maintain Comprehensive
General Liability Insurance with bodily injury limits of not less than $1,000,000 for eachoccurrence 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 MAIN STREET ASSOCIATION 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 provisionthat such insurance shall not be canceled or modified without written notice to the CITY.
In such event, the policyholder, DENTON MAIN STREET ASSOCIATION shall, prior tothe effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
C. 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.
ARTICLE6NOTICES
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 MAIN STREET ASSOCIATION
Christine Gossett
321 W. Oak St
Denton, Texas 76201
CITY OF DENTON:
City Manager
215 E. McKinney St.
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 7ENTIRE AGREEMENT
This Agreement, consisting of eight (8) 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 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.
ARTICLE 9DISCRIMINATION PROHIBITED
In performing the services required hereunder, DENTON MAIN STREET
ASSOCIATION 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 MAIN STREET ASSOCIATION represents that they have or will secure, at
their 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 relationswith the CITY.
ARTICLE 11ASSIGNABILITY
DENTON MAIN STREET ASSOCIATION 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 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 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 bewaived unless as set forth herein.
ARTICLE 13MISCELLANEOUS
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 Stateof Texas.
A.
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 MAIN STREET ASSOCIATION has
executed this Agreement through their duly authorized undersigned officers on this the aMy of
jpl/a/Mr. 2022.
CITY OF DENTON, TEXAS
;ASARA HENSfEYCITY MANAGER
ATTEST:
ROSA RIOS. CITY SECRETARY 1\\\11111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DocuSign Envelope ID: 4212F127-01FA4F7B-8BE5-05C7A187281 C
DENTON MAIN STREET ASSOCLATION
,,p-DoeuSlgn•d br
@NgN £ssdBY:4352BFBA3B3D45CCHRISTINE GOSSETT, DENTON MAINSTREET ASSOCLATION
WITNESS :
BY:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligationsand business terms.
Gary Packan
SIGNATURE PRINTED NAME
Director of Parks and Recreatlon
TITLE
parks and RecreatIon
DEPARTMENT