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HomeMy WebLinkAboutR2004-047S:\Our DocumentskResolutions\04kFuego Y Alma alcohol sell.doc RESOLUTION NO. 45a~ ffff4- A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON OCTOBER 9, 2004, 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 Civic Center Park and Senior Center and through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center 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 Fuego Y Alma; and WHEREAS, Roy Metzler, doing business as Metzler's Food and Beverage (called Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on October 9, 2004; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 9, 2004 at the Civic Center Park and Senior Center upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; 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 Fuego Y Alma 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 ~/~'~-f' day of~, 2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APP ED AS TO LEGAL FORM: HERBERT L. BY: Y, ~ Y ATTORNEY CIVIC CENTER PARK AGREEMENT FOR THE FUEGO Y ALMA CELEBRATION STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this ~/(/~ day of , 5~,~--"/'~" , 2004, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's"). W1TNESSETH, 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 Metzler's the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on October 9, 2004, to be held at the Civic Center Park and Senior Center. 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 Fuego Y Alma celebration set for the year 2004. ARTICLE 2 SCOPE OF SERVICES Metzler's in order to exemise the privilege to sell alcoholic beverages must perform the following: Metzler's shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Fuego Y Alma Celebration. Metzler's shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. Metzler's shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Fuego Y Alma Celebration. Metzler's failure to do any of the above and to show proper proof of compliance shall waive their right to exemise the privilege of selling alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 3 LOCAL RULES AND REGULATION Metzler's agrees to abide by all municipal, county, state and federal laws, ordinances, roles and regulations and specifically, without limitation, the Denton Civic Center 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. Metzler'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. Metzler's will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 4 INDEMNITY AGREEMENT Metzler's shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all 1 iability, 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 t~om the negligent acts or omissions of Metzler's or it 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 $ INSURANCE During the performance of the Agreement, Metzler'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: 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 $100,000 for each occurrence and not less than 100,000 in the aggregate. Metzler'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 insured 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 Metzler's. In such event, Fuego Y Alma Celebration Agreement - Page 2 Metzler'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 commtmicated as of three (3) days' mailing: To Metzler's: To CITY: Metzler's: Roy Metzler 628 Londonderry Lane Denton, Texas 76201 C1TY OF DENTON: City Manager 215 E. McKinney 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 no 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 8 SEVERABILITY 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. ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, Metzler's shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Fuego Y Alma Celebration Agreement - Page 3 ARTICLE 10 PERSONNEL Metzler'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 Metzler'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. ARTICLE 12 MODI~CATION 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 The follo ~w!,n,g exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit"A Resolution No. 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 State of Texas. 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. Fuego Y Alma Celebration Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and Metzler's )as executed this Agreement through its duly authorized undersigned officer on this the ~,/9~ day of ~.~d~z(~ ~/~ ,2004. CITY OF DENTON, TEXAS MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY WITNESS: Metzler's Food and Beverage sRo°lYe plrdr;;~;rt~ BY: Fuego Y Alma Celebration Agreement - Page 5 Exhibit A S:\Our DocumentskKesolutions\04kFuego Y Alma alcohol sell.doc A RESOLUTION ALLOWING MBTZLBR'S FOOD AND BEVERAGE TO BB THE SOLE PARTIC]PANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUBGO Y ALMA ON OCTOBER 9, 2004, UPON CERTAIN CONDITIONS; AUTHOP, JZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DAT~. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and Senior Center and through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center 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 Fuego Y Alma; and WHEREAS, Roy Metzler, doing business as Metzler's Food and Beverage (called Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on October 9, 2004; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 9, 2004 at the Civic Center Park and Senior Center upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary hcense and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; 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 indenmify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma 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 ~/t ~ff~ day of~, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED X AS TO LEGAL FORM: