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HomeMy WebLinkAbout2000-388S \Our Documents\Ordinances\00\Doggett friday night ord doc AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH DOGGETT ENTERPRISES, INC FOR THE DENTON FRIDAY NIGHT PROGRAM, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute an Agreement for with Doggett Enterprises, Inc for the Denton Friday Night Program, a copy of which Agreement is attached hereto and incorporated herein SECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1'7 Y4 day of 00"Pr , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M 5 bur Orcumwu\Cono-xld�WWopgW Wo W& W. ". PROGRAM AGREEMENT The CITY OF DENTON (Lessor), a municipal corporation, located in Denton County, Texas, and DOGGETT ENTERPRISES, INC, a Texas Corporation (Lessee), whose principal office is located at 2909 Robin Road, Plano, Dallas County, Texas, in consideration of the mutual promises and covenants contained herem, do hereby AGREE as follows 1 The Contract Premises. For purposes hereof, the term Contract Premises shall consist of that portion of the City of Denton facility located at 321 East McKinney, Denton, Texas and commonly known as the Denton Civic Center, specifically described as follows, to wit a the main lobby b the auditorium c the conference room d the concession area 2 Lessee's Access to Contract Premises Lessee shall have exclusive use of the Contract Premises each Friday night during the term hereof, from the hours of 7 00 p in until 1100 p m , in order to conduct its Youth Activity Program activities hereunder Further, Lessee shall have nonexclusive access to the Contract Premises for the one (1) hour immediately preceding and the one (11) hour immediately following each such period for the limited purposes of setting up and cleaning up the Contract Premises Lessee shall have no right of access to the Contract Premises at any other tarries 3 Temporary Suspension of Lessee's Use Lessor and Lessee agree that the Lessor shall have the right from time to time, upon sixty (60) days written notice to Lessee, to suspend Lessee's nght hereunder to possession of the Contract Premises in the event such Premises become necessaryy in the sole opinion and discretion of Lessor, for other City activities or functions In the event of Ouch temporary suspension, the Lessor shall use reasonable efforts to reschedule Lessee's use of the Contract Premises at another available date In no event, however, shall any such temporary suspension give rise to any claim against the Lessor by Lessee, whether for damages, lost profits, costs, overhead, or otherwise 4 Youth Activity Program. For purposes hereof, the term Youth Activity Program shall mean organized, supervised youth activities including, but not limited, to the following a Game activities, such as volleyball, basketball, walleyball, dancing, ping-pong, video games as permitted, relay games, etc , b Audio and video activities, including performances of persons to coordinate or direct the playing of records, videos, laser discs, etc , Concession activities, including the sale of soft drinks, sandwiches, chips, candy, pennants, tee-shirts, etc , and Advertising and marketing promotions directly related to the Youth Activity Program 5 Restrictions on Lessee's Use. Lessee shall operate or utilize the Contract Premises for no purpose other than the Youth Activity Program defined herein, which shall be expressly subject to the following restrictions All participants in the Youth Activity Program shall be in the range from nine (9) through fourteen (14) years of age b No more than six hundred (600) persons shall be permitted by Lessee to occupy the Contract Premises at any time c Lessee shall make food and drink concessions available during the hours of operation Prior to the commencement thereof, Lessee shall submit for approval by Lessor a schedule of proposed menu items and prices Thereafter, any proposed menu or price change shall be submitted to the Lessor for prior approval d Lessee shall provide adequate supervision of the program participants at all times All of Lessee's supervisors, including the Site Manager and the Activities Coordinator, shall beat least eighteen (18) years of age Lessee shall at all times staff supervisors at a ratio of not less than one (1) supervisor to every thirty (30) Youth Activity Program participants Lessee shall provide and pay for adequate security at all times Such security shall include, at a minimum, one (1) off -duty officer of the Denton Police Department f Lessee shall conduct the activities provided for herein on each Friday night from 7 00 p in to 1100 p in during the term hereof, save only for legal holidays, upon which Lessee shall not be required to conduct its activities Lessee shall at all tunes conduct its activities provided for hereunder in a wholesome, diligent, tasteful, and efficient manner h Preparation of the Contract Premises for Lessee's activities and clean up of the Contract Premises following such activities shall be the sole responsibility and at the sole expense of Lessee Lessee agrees that it will, following each use of the Contract Premises, restore same to as good a condition as existed prior to such use by Lessee Lessee shall not cause or permit any illegal activity to be conducted upon the Contract Premises Lessee shall be allowed to use and display its company logo banner each night of Page 2 of 6 said event k Lessee shall make no changes, modifications, or structural alterations to the Contract Premises without the prior written consent of Lessor Lessee shall be responsible for any and all damages to the Contract Premises resulting from the use or occupancy thereof by Lessee, its agents, servants, or invitees 6 Term of Program Agreement. The term of this Program Agreement shall be for a period of one (1) year, commencing August 10, 2000 and ending August 31, 2001 Lessor and Lessee agree that this Agreement shall be renewable for two successive one (1) year terms, upon such terms, covenants, conditions and considerations as Lessor and Lessee may later agree upon, and subject to the mnety (90) day notice by Lessee contained in paragraph 14 herembelow 7 Payment to Lessor As payment for the rights granted hereunder, Lessee agrees to pay to the Lessor during the term hereof an amount equal to one dollar ($1 00) per paid attendee received by Lessee as admission or participation fees per scheduled event A minimum of one - hundred fifty dollars ($15000) per scheduled event, regardless of attendance, will be paid by Lessee to the Lessor beginning six (6) months from the date of the first Youth Activity Program event held Provided, however, the minimum $150 00 per event payment to Lessor shall not apply to any scheduled event held by Lessee during the time the Denton Independent School District is dismissed for the summer months All such sums due and payable by Lessee to the Lessor shall be paid on a monthly basis, post marked no later than five (5) working days following the last event of each month Any payment received by Lessor after this payment due date shall include an additional late fee of $20 00 Lessee agrees that Lessor shall have the right, upon reasonable notice, and at Lessor's expense, to audit all books and records of Lessee to determine Lessee's compliance with the payment provisions set forth in this paragraph 8 Protection Against Accident to Employees and the Public The Lessee shall at all times exercise reasonable precautions for the safety of employees and others on or near the Contract Premises and shall fully comply with all applicable provisions of Federal, State, and Municipal safety laws 9 Laws and Ordinances. The Lessee shall at all times observe and comply with all Federal, State, and local laws, ordinances, and regulations, which in any manner affect the Lessee, or Lessee's work with the Youth Activity Program, and shall indemnify and save harmless the Lessor against any and all claims arising from the violation of any such laws, ordinances, and regulations whether by the Lessee or its employees 10 Venue. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Program Agreement The exclusive venue for any legal proceedings involving this Program Agreement shall be in Denton, Denton County, Texas 11 Assignment and Subletting The Lessee shall have the right to assign or sublet its rights hereunder to a qualified franclusee (with liability on assignment to a franchisee), which assignment or sublease must be approved in writing, by the Director of Parks and Recreation of the Page 3 of 6 City of Denton, Texas 12 Notices. All notices to the Lessor shall be sent to Kathy Mosby, Superintendent of Parks and Recreation City of Denton, Texas 321 East McKinney Denton, Texas 76201 Notices to the Lessee shall be sent to Jonathan Doggett, President Doggett Enterprises, Inc 2969 Robin Road Plano, Texas 75075 13 Default In the event of default by Lessee, Lessor shall provide Lessee with thirty (30) days written notice of default in which to cure any such default If any such default is not cured by Lessee within the time permitted, then the Lessor may elect to terminate this Program Agreement upon further written notice to the Lessee 14 Options. Should Lessee desire to renew this Program Agreement, Lessee shall give Lessor at least ninety (90) days written notice of its desire to renew, prior to the expiration of this Program Agreement's term Additionally, each party shall have the option to terminate this Program Agreement upon sixty (60) days written notice to the other party with or without cause 15 Indemnlfication The Lessee shall defend, indemnify, and hold harmless the Lessor and its officers, agents, and employees from and against all damages, liability, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments, and costs, including reasonable attorney's fees and expenses, in any way ansing out of or resulting from the performance of tlus Program Agreement, or caused by the negligent act or omission of the Lessee, its officers, agents, employees, subcontractors, or invitees 16 Insurance and Certificates of Insurance Without limiting any of the other obligations or liabilities of the Lessee, the Lessee shall, during the term of the Agreement, purchase and maintain the hereinafter stipulated mimmum insurance coverage with companies duly licensed to write business in the State of Texas, and rated "A-" or better by A M Best The Lessor shall be named as an additional insured on all required insurance policies except Workers' Compensation Valid Certificates of Insurance for each policy covering the Lessee and subcontractors, together with a statement by the issuing company to the extent that said policies shall not be cancelled without thirty (30) days' prior notice being given the Lessor, shall be delivered to the Lessor and reviewed for sufficiency by the Lessor's Risk Manager before this Agreement is executed or any activities commenced under this Program Agreement, to wit Workers' Compensation as required by Texas law with the policy endorsed to Page 4 of 6 provide a waiver of subrogation as to the Lessor, Employer's Liability insurance of not less than one -hundred thousand dollars ($100,000) for each accident b Commercial General Liability Insurance, including Independent Contractor's Liability, completed Operations and Contractual Liability, covering but not limited to the liability assumed under the indemnification provisions of this Agreement, fully insuring Lessee's liability for injury to or death of owners, employees, and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with the following limits General Aggregate $600,000 Products, Completed Operations Aggregate 600,000 Each Occurrence 300,000 Medical Expense 5,000 Personal and Advertising Injury 300,000 Fire Damage 25,000 Lessee's insurance coverage shall be primary and shall be endorsed so as to provide a waiver of subrogation in favor of the Lessor The Commercial General Liability Insurance Policy should bel endorsed using Endorsement No CG20 09 1185 Deductibles on each required insurance policy in this paragraph shall be no greater than five thousand dollars ($5,000) The Lessee shall be responsible for the payment of all deductibles, and agrees to keep all such insurance coverage in full force and effect during the term of this Program Agreement 17 Hindrances and Delays. No claims shall be made against Lessor by the Lessee for damages resulting from hindrances or delays from any cause during the progress of any portion of the operations or activities embraced in this Program Agreement 18 Binding Effect. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns The Director of the Denton Parks and Recreation Department is designated as the representative of the City of Denton to administer the provisions of this Program Agreement 19 Captions. The captions of the sections and paragraphs of this agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this agreement cam. ^��n, EXECUTED this the / day of 2000 Page 5 of 6 ATTEST JENNIFER WALTERS, CITY SECRETARY BY m tv I ji " - )/ ), g �"' A AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M. THE CITY OF DENTON, TEXAS LESSOR DOGGETT ENTERPRISES, INC LESSEE Page 6 of 6