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
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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
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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
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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
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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
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