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HomeMy WebLinkAbout26-1460ORDINANCE NO. 26-1460 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARTY LICENSE BETWEEN THE CITY OF DENTON AND DENTON DAY OF THE DEAD FESTIVAL, INC. TO UTILIZE THE CITY -OWNED PROPERTY AT THE INTERSECTION OF OAK STREET AND OAKLAND STREET TO OPERATE AND ERECT A BIG TOP TENT AND ORGANIZE ENTERTAINMENT ACTIVITIES FOR THE DENTON DAY OF THE DEAD FESTIVAL AND DENTON HALLOWEEN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City") is the owner of the land depicted in Exhibit "A" attached to the Temporary License Agreement (the "Agreement") and made a part hereof for all purposes, and referred to hereinafter as the "Property;" and WHEREAS, Denton Day of the Dead Festival, Inc. ("Licensee"), desires to execute a revocable license with the City to use the Property to erect and install a big top tent under which they will provide Halloween-themed entertainment events, including music concerts, movies, vaudeville acts, and concessions ("Festival Services") to the public during the month of October for the Denton Day of the Dead Festival and Denton Halloween; and WHEREAS, the City contributed $35,000.00 of HOT Funds to the Licensee and Licensee will provide the Festival Services to the public during the month of October 2026 for the Denton Day of the Dead Festival and Denton Halloween, and WHEREAS, the use of the Property is contingent upon the Licensee (i) providing Festival Services to the public during the month of October 2026 for the Denton Day of the Dead Festival and Denton Halloween; and (ii) obtaining the required Special Events Permit; and (iii) removing all Festival materials and equipment and restoring the Property to its original condition upon termination of the Temporary License; and WHEREAS, the term for the Temporary License for the property set forth on Exhibit A to the Agreement shall continence no earlier than the date of approval by the City Council or September 22, 2026, whichever is later; and the Property restored no later than November 6, 2026; and WHEREAS, the City Council determines it is in the best interest of the City to allow the revocable license for the Property and uses described herein; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Manager, or their designee, is hereby authorized to execute the Agreement between the City and Denton Day of the Dead Festival, Inc. in a form substantially similar to the document attached hereto as Exhibit B and incorporated herein by reference, and to carry out the duties and responsibilities under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. (The remainder of this page is intentionally left blank. Signatures follow on the next page.) The motion to approve this ordinance was made by George Ferrie and seconded by Suzi Rumohr . The ordinance was passed and approved by the following vote[5 -01: Aye Nay Abstain Absent Chris Watts, Mayor: Jordan Villarreal, District 1: Nick Stevens, District 2: Suzi Rumohr, District 3: Joe Holland, District 4: George Ferrie, At Large Place 5: Jill Jester, At Large Place 6: PASSED AND APPROVED this 22nd day of September 2026. ATTEST: KRISTI GILBERT, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACKREINWAND, CITY ATTORNEY BY: •ti- CHkfS WATTS, MAYOR =w y i o EXHIBIT "A" N W E S s, - . F •'I I't idA.L � _ o c '4 I d A 03SolA, w i z`+ M4-9R A DE4- 'rr} r ; �, avow y SMCLAL Ir !' ' M4-9L S ' MEN EVENT • y. I ,HEAD a • ` s 1�1 It 4 l� c l6 bW ` SPECIAL i AHEAD AHEAD ana as 120ft 120ft i- perfLL 7-1 �H w _ H au /-Ll z , ! �.r r it ,a03SO101! - M �I avoa r �, '• at riL, • '— • o 11 w NBut' =rr� , • / h.. I • .. .. �f—J ,go- ,1R V �', - I� ,n, n! ROAD L - . (SosEO SPECK t AHEAD EVENT EXHIBIT "B" TEMPORARY LICENSE AGREEMENT This Temporary License Agreement ("Agreement") is made this the of , 2026 (the "Effective Date") between the City of Denton, a Texas home -rule municipal corporation ("City") and the Denton Day of the Dead Festival, Inc. a Texas 5016 tax- exempt nonprofit corporation ("Licensee"). WHEREAS, by Instrument No. 2013-1264 filed in the Denton County Deed Records, the City of Denton is the owner of a tract of land located in the H. Sisco Survey, Abstract Number No. 1184, referred to hereinafter as the "City Property"; and WHEREAS, the Licensee operates the Denton's Day of the Dead Festival; and WHEREAS, Licensee has requested authorization from the City to use a portion of the City Property at the northeast intersection of Oakland Street at East Oak Street as depicted in Exhibit A (the "License Area") to install, and erect an approximate 25' X 30'carnival-type "big top tent" and performance stage to provide Halloween-themed entertainment events, including music concerts, movies and vaudeville acts, and concessions to the public (collectively, the "Permitted Use") during the Denton's Day of the Dead Festival; said use occurring October 1-31, 2026 (the "Festival Period"), with the commencement date to be determined upon execution of the finalized license agreement (the "Commencement Date"); and WHEREAS, Licensee shall have access to the License Area during the License Term of this Agreement as defined below for installation of event -related equipment, including but not limited to: a "big top tent," performance stage, approximately 400 chairs, audio -video equipment, lighting, concession stand(s), and event porta pots, including two (2) ADA porta pots ("Event Equipment") beginning no earlier than September 22, 2026; and all improvements installed within the License Area depicted in Exhibit "A;" for use by Licensee during the Festival Period shall be removed by Licensee no later than November 6, 2026 and WHEREAS, the term of this License (the "License Term") shall commence on the Commencement Date and continue through November 6, 2026; provided, however, that the City may terminate this License prior to expiration at the City's sole discretion, in which event the City shall provide Licensee not less than ten (10) days' prior written notice and shall coordinate in good faith with Licensee regarding access, safety, and scheduling termination of Permitted Uses and removal of event equipment. WHEREAS, City and Licensee agree to enter into this Agreement for the Permitted Use. NOW, THEREFORE, in consideration of the mutual covenants contained in this Temporary License Agreement ("Agreement") and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City desires to, and hereby grants permission for the "Licensee" to occupy and utilize the License Area for the Permitted Uses, subject to the following terms and conditions: 1. Permitted Uses shall be conducted in a manner, and for a duration, that does not interfere with the City's use of the License Area. All Permitted Uses are limited to, and must comply with, plans and specifications approved in advance and in writing and any and all applicable laws. For purposes of this agreement, "Permitted Uses" refers to installation of event -related equipment, including but not limited to an approximate 25' X 30' "big top tent" and performance stage, approximately 400 chairs, audio -video equipment, lighting, concession stand(s), and event porta pots, including two (2) ADA porta pots, and providing Halloween-themed entertainment events, including music concerts, movies and vaudeville acts, and concessions to the public. Use of the License Area is contingent upon the Licensee obtaining all required permits. 2. Notwithstanding anything to the contrary, during the Festival Period the Licensee shall not (and shall cause its contractors and agents not to) perform or permit any construction, or other work on the City Property, or otherwise take any action that creates an unsafe condition for pedestrians or public parking uses, including pedestrian access, ingress/egress, parking, emergency access, crowd control, and public safety. 3. The Permitted Uses are subordinate to the City's use of the License Area, including without limitation, public parking located now or in the future within the License Area. In the event the City, in its sole opinion determines it is necessary that the Permitted Uses be modified, removed or relocated, in whole or in part, Licensee shall, at its sole cost, modify, remove or relocate any structures or Event Equipment installed, as directed by the City, no later than 10 days after City gives Licensee written notice. 4. LICENSEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES, (INCLUDING ATTORNEY FEES), DAMAGES, LOSSES AND JUDGMENTS, ARISING OUT OF OR INCIDENT TO THE PRESENCE, INSTALLATION, OPERATION AND MAINTENANCE OF THE PERMITTED USES. In addition, Licensee shall require that its contractor provide and maintain the following insurance coverage throughout the installation of the Permitted Uses: General Liability insurance in an amount equal to at least $1,000,000 per occurrence and $2,000,000 general aggregate; Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of $500,000 per occurrence; and Workers' Compensation insurance with Employers' Liability limits of $100,000 each accident, $100,000 disease per employee, and $500,000 disease policy limit. The General Liability and Auto policies shall name the City of Denton, its officers and employees as additional insureds. Prior to commencing any work within the License Area, Licensee shall provide the City with an insurance certificate evidencing the required coverage. The certificate must be in a form acceptable to the City and shall state that the insurance may not be cancelled, non -renewed, or materially modified without the insurer providing prior written notice to the City. For agreements with a term of thirty (30) days or less, the insurer shall provide written notice to the City as soon as reasonably practicable before the effective date of any cancellation or modification. A lapse, cancellation, or modification of coverage does not relieve the Licensee of the obligation to maintain the required insurance coverage for the duration of the agreement. Such certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees. 5. Licensee will prevent damage to existing City facilities or public utilities located within the License Area and adjacent areas. 6. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on or in the License Area. 7. The City will not be responsible for any costs of installation, operation and maintenance of Licensee's Permitted Uses. It is further agreed that the City shall not be liable for any damage as a result of the Licensee's use of the License Area. If any City property is damaged or destroyed by Licensee or its agents, it may be repaired or replaced by the City at Licensee expense and payment is due upon Licensee's receipt of an invoice from the City. 8. The License Area shall be left clean, free from all dirt and debris resulting from installation or maintenance activities, or otherwise. 9. No storage of any kind shall be allowed on the License Area except for what is required to carry out the Permitted Use. 10. This Agreement and the license granted herein shall remain in effect during the Festival Period, from the Commencement Date through November 6, 2026. The City may terminate this License prior to expiration upon the City's sole discretion that the License Area is required for a public use or project, in which event the City shall provide Licensee not less than ten (10) days' prior written notice and shall coordinate in good faith with Licensee regarding access, safety, and scheduling termination of Permitted Uses and removal of Event Equipment. 11. It is understood and agreed that, in case of default by Licensee or its contractors or agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after the City notifies Licensee of such default, the City may at its election forthwith terminate this Agreement and upon such termination all of Licensee's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the License Area. 12. This agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. (The remainder of this page is intentionally left blank. Signatures follow on the next page.) Dated to be effective as of the _ day of , 2026 (Commencement Date). ATTEST: KRISTI GILBERT, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY :• THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED As to the Financial and operational obligations and business terms. JENN BASHAM, DIRECTOR PARKS AND RECREATION DEPARTMENT CITY OF DENTON BY: CASSEY OGDEN, INTERIM CITY MANAGER LICENSEE: DENTON DAY OF THE DEAD FESTIVAL, INC., A Texas 501 C3 Tax Exempt Nonprofit Corporation Signature Printed Name DAVID PIERCE Title PRESIDENT ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 12026 by Cassey Ogden, Interim City Manager of the City of Denton, on behalf of such municipality. Notary Public, State of: Printed name: My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, on this day personally appeared a Texas , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein state and as the act and deed of said Given under my hand and seal of office on this of , 2026. Notary Public, State of Printed name: My commission expires: s N m . W E all c3sol w♦' Y woa�it -- • apaur MIL q. a 1p 'tI�N1 ,emss o, q ; •" �9, a �� � a JI droll • _ aaeeu rra� ! •, w � ) ' lode ,+ i i+ � ► - +�•►� ► _ • '� ► ��.� � w ► � �� INN -:f A�/ V- in•/ -` �A �" ' • • ti 1 7ii'1C-i�IbO'1M I)� ` `++- •�^-.. -�