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2000-388S \Our Doeuments\Ord~nanees\OO~Doggett friday mght ord doc ORDINANCE NO ~O(~J - ~'~(~ 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 C~ty Manager, or Ins demgnee, ~s hereby authorized to execute an Agreement for with Doggett Enterprises, Inc for the Denton Friday N, ght Program, a copy of winch Agreement ~s attached hereto and ~neorporated here~n SECTION 2 Tins ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED tins the /7~t/~ dayof ~)~e- ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPRO'~ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PROGRAM AGREEMENT The CITY OF DENTON (Lessor), a mumclpal corporation, located in Denton County, Texas, and DOGGETT ENTERPRISES, INC, a Texas Corporatton (Lessee), whose pnnelpal &flee is 16eared at 2909 Robin Road, Plano, Dallas County, Texas, ~n consideration of the mutual promises and covenants contained hereto, 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 McYanney, Denton, Texas and commonly known as the Denton Civic Center, specifically described as follows, to wit a the main lobby b the authtonum 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 mght during the term hereof, f~om the hours of 7 00 p m until 11 00 p m, m order to conduct its Youth Activity Program activities hereunder Further, Lessee shall have non~xcluslve access to the Contract Premises for the one (1) hour ~mmediately preceding and the one (Il) hour immediately following each such period for the limited purposes of setting up and aleamng tlp the Contract Prenuses Lessee shall have no right of access to the Contract Premises at any other t~mes 3 Temporary Suspension of Lessee's Use Lessor and Lessee agree that the Lessor shall have the right fxom tune to time, upon sixty (60) days wntten notice to Lessee, to suspend Lessee's right hereunder to possessaon of the Contract Premises in the event such Premises become neeessary~ m the sole oplmon and discretion of Lessor, for other City actlvltaes or functaons In the event of s~ueh temporary suspension, the Lessor shall use reasonable efforts to reschedule Lessee's use of th~ Contract Premises at another available date In no event, however, shall any such temporary suspension give nsc to any elatm against the Lessor by Lessee, whether for damages, lost profits, costs, overhead, or othenvlse 4 Youth Activity Program. For purposes hereof, the term Youth Activity Program shall mean orgamzed, supervised youth activities including, but not hm~ted, to the following I a Game actXvltles, such as volleyball, basketball, walleyball, dancing, p~ng-pong, video games as permitted, relay games, etc, b Audio and vadeo actlvlUes, including performances of persons to coordinate or direct the playing of records, videos, laser discs, etc, c Concession activities, including the sale of soft clunks, sandwiches, chips, candy, pennants, tee-shirts, etc, and d Advertasmg and marketing promotaons directly related to the Youth Actawty ?ingrain 5 Restrletlons on Lessee's Use. Lessee shall operate or utlhze the Contract Premises for no purpose other than the Youth Actav~ty Program defined hereto, winch shall be expressly subject to the following restrictions a All partm~pants m the Youth Actavlty Program shall be ~n the range from nine (9) through fourteen (14) years of age b No more than slx hundred (600) persons shall be penmtted by Lessee to occupy the Contract Premises at any tame c Lessee shall make food and dnnk concessions available dunng the hours of operataon 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 pnce change shall be submitted to the Lessor for prior approval d Lessee shall prowde adequate supervision of the program partaclpants at all times All of Lessee's supervisors, including the S~te Manager and the Actav~taes Coord~uator, shall be at least eighteen (18) years of age Lessee shall at all tames staff superwsors at a ratao of not less than one (1) supervisor to every tinrty (30) Youth Activity Program participants e Lessee shall prowde and pay for adequate security at all times Such security shall include, at a munmum, one (1) off-duty officer of the Denton Police Department f Lessee shall conduct the actawt~es provided for herein on each Friday mght from 7 00 p m to 11 00 p m dunng the term hereof, save only for legal hohdays, upon winch Lessee shall not be reqmred to conduct its actavltaes g Lessee shall at all tunes conduct ~ts actavltaes prowded for hereunder in a wholesome, diligent, tasteful, and efficient manner h Preparataon of the Contract Premises for Lessee's actawtaes and clean up of the Contract Premises following such activities shall be the sole responstblhty and at the sole expense of Lessee Lessee agrees that it wall, following each use of the Contract Premises, restore same to as good a condition as existed prior to such use by Lessee 1 Lessee shall not cause or permit any illegal actawty to be conducted upon the Contract Premises j Lessee shall be allowed to use and display its company logo banner each mght of Page 2 of 6 smd 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 ~nwtees 6 Term of Program Agreement. The term of th~s 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 th~s 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 not,ce by Lessee contained m paragraph 14 herembelow 7 Payment to Lessor As payment for the rights granted hereunder, Lessee agrees to pay to the Lessor dunng the term hereof an amount equal to one dollar ($1 00) per pa~d attendee received by Lessee as admission or participation fees per scheduled event A nnmmum of one- hundred fifty dollars ($150 00) per scheduled event, regardless of attendance, w~ll be pa~d by Lessee to l the Lessor beginning six (6) months from the date of the first Youth Actlwty Program event held Provided, however, the munmum $150 00 per event payment to Lessor shall not apply to any scheduled event held by Lessee dunng the t~me the Denton Independent School D~stnct ~s dismissed for the summer months All such sums due and payable by Lessee to the Lessor shall be pa~d 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 th~s payment due date shall ~nclude an edd~t~onal 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 comphance with the payment prowslons set forth in this paragraph 8 Protection Against Accident to Employees and the Public The Lessee shall at all times exercise reasonable precaut~uns for the safety of employees and others on or near the Contract Premises and shall fully comply with all apphcable provisions of Federal, State, and Mumc~pal safety laws 9 Laws and Ordmances. The Lessee shall at all t~mes observe and comply w~th all Federal, State, and local laws, ordinances, and regulations, which ~n any manner affect the Lessee, or Lessee's work with the Youth Activity Program, and shall mdemmfy and save harmless the Lessor against any and all claims arising from the wolat~on 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 revolving this Program Agreement shall be in Denton, Denton County, Texas 11 Assignment and Subletting The Lessee shall have the right to assign or sublet ~ts rights hereunder to a quahfied francfusee (w~th hab~hty on assignment to a franchisee), which assignment or sublease must be approved m wntmg, by the D~rector of Parks and Reereat~on of the Page 3 of 6 City of Denton, Texas 12 Notices. All notices to the Lessor shall be sent to Kathy Mosby, Supenntendent of Parks and Recreation City of Denton, Texas 321 East Mcganney 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 tlurty (30) days written notice of default in which to cure any such default If any such default ~s not cured by Lessee within the tmae 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 mnety (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 flus Program Agreement upon sixty (60) days written notice to the other party with or without cause 15 Indemnification The Lessee shall defend, indemnify, and hold harmless the Lessor and its officers, agents, and employees fi'om and against all damages, liability, injuries 0ncluding death), clamas, property damages (including loss of use), losses, demands, stats, judgments, and costs, including reasonable attorney's fees and expenses, in any way arising out of or resulting fi.om the performance of tins Program Agreement, or caused by the negligent act or omission of the Lessee, its officers, agents, employees, subcontractors, or lnvitees 16 Insurance and Certificates of Insurance Without limiting any of the other obligations or llabihtles of the Lessee, the Lessee shall, during the term of the Agreement, purchase and ma~ntmn the heremaf~er stipulated mlmmum insurance coverage with compames duly hcensed 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 pohcies except Workers' Compensation Valid Certificates of Insurance for each policy covenng the Lessee and subcontractors, together with a statement by the ISSuing company to the extent that said pohcles shall not be cancelled without tinny (30) days' prior not,ce 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 a Workers' Compensation as reqmred by Texas law with the policy endorsed to Page 4 of 6 pmwde a waver of subrogation as to the Lessor, Employer's Llablhty msurance of not less than one-hundred thousand dollars ($100,000) for each accident b Commercial General Llabthty Insurance, lncludmg Independent Contractor's Llablhty, completed Operations and Contractual Llabthty, covenng but not hm~ted to the hab~llty assumed under the ~ndemmficat~on provisions of thts Agreement, fully msunng Lessee's hab~hty for ~njury to or death of owners, employees, and third part, es, extended to mclude personal mjury habthty coverage, and for damage to property of third parties, w~th the followmg hm~ts General Aggregate $600,000 Products, Completed Operations Aggregate 600,000 Each Occurrence 300,000 Mechcal Expense 5,000 Personal and Advemsmg Injmy 300,000 F~re Damage 25,000 Lessee's insurance coverage shall be primary and shall be endorsed so as to provide a waver o£ subrogatton in favor of the Lessor The Commercml General L~ablllty Insurance Policy should belendorsed usmg Endorsement No CG20 09 11 85 Deductibles on each reqmred insurance pohcy in tlus 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 msurance coverage ~n full force and effect dunng the tema of tfus Program Agreement 17 Hindrances and Delays. No clatms shall be made agmnst Lessor by the Lessee for damages resulting from hindrances or delays from any cause dunng the progress of any port~on of the operataons or aetlwtles embraced m thru Program Agreement 18 Bindfug Effect. Th~s Agreement shall be b~ndlng upon the parties hereto, their successors, heirs, personal representatives, and assigns The D~rector of the Denton Parks and Recreatto~ Department ~s designated as the representative of the City of Denton to admlmster the provls~ons of this Program Agreement 19 Captions. The captions of the sections and paragraphs of this agreement are for ~nformatlonal purposes only, and shall not in any way affect the substantive terms or condlttons of this agreement d yo,C 2000 Page 5 of 6 THE CITY OF DENTON, TEXAS LESSOR ATTEST JENNIFER WALTERS, CITY SECRETARY £/ APi~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DOGGETT ENTERPRISES, INC LESSEE (JONAT~ ~S~/~NT Page 6 of 6