2017-286ORDINANCE NO. 2017-286
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE FORM OF AGREEMENT
FOR SPECIAL EVENTS AT STOKE DENTON ENTREPRENEUR CENTER; DELEGATING
THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE SAID AGREEMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas ("City") desires to further diversify Denton's
economy by supporting entrepreneurs as they start, build, and grow their businesses, particularly in
the field of early-stage tech and tech -enabled business; and
WHEREAS, Stoke Denton Entrepreneur Center, being an office space located at 608 Hickory
Street, Denton, Texas, is owned and controlled by the City of Denton ("Stoke"); and
WHEREAS, Stoke was created to further the City's goals by offering entrepreneurs a
professional space to work and meet, receive relevant educational programming, and gain access to
mentors and a supportive peer community; and
WHEREAS, the City requires agreements for members and non-members of Stoke to be
readily available to continue operations at Stoke; and
WHEREAS, the City Council of the City of Denton hereby finds that the ability to have
Special Events take place at Stoke will help promote its goals of diversifying its economy and serves
a municipal and public purpose including the promotion of economic development and the
Agreement is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement in the form attached as Exhibit A and incorporated herein, and to exercise all rights and
duties of the City under the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of m 2017.
�C H S WATTS, MAYOR mm
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPSAMC
I I AS TO LEGAL FORM:
ALEAL, INTERIM CITY ATTORNEY
Y
•
This Agreement is entered into by and between the City of Denton, Texas, a Texas Municipal Corporation
("City") and the below Licensee for the purposes of providing a temporary license to use a Designated
Event Space within Stoke Denton Entrepreneur Center located at 608 East Hickory Street, Denton, Texas
76205 ("Stoke" or "Stoke Denton"). The City Hall Main is located at 215 E. McKinney Street, Denton,
Texas 76201.
Licensee:
Address:
Contact:
Phone:
Email:
Event Date;
Event Hours: Start:
Estimated number of attendees:
Designated Event Space:
Description of Event: , __ _ . ..........
(includes preparation, set up, and clean up)
The City hereby reserves and grants to Licensee, and Licensee accepts, a limited, nonexclusive, revocable
temporary license to use the Designated Event Space within the Stoke Denton building located at 608 East
Hickory Street, Denton, Texas 76205 as set forth in this Agreement solely on the Event date and during the
Event Hours and subject to and in accordance with the terms and conditions herein. The Designated Event
Space is licensed solely for the purposes of the Event described above, and the Licensee agrees that it will
be used solely for that purpose. The City will not allow more than two special events at Stoke Denton in
any one month, and it reserves the right to deny in its sole discretion the approval of any special event. This
Agreement will commence as of the date this Agreement is executed by the City and will terminate at the
End Event Hour above ("License Term"). The Licensee's right to use the Designated Event Space for a
special event will terminate with the expiration of the License Term. Any need to set-up, tear down and
remove any equipment or other items of personal property shall be completed prior to the expiration of the
License Term.
The fee for the use of Stoke Denton for a special event is $150 per hour for Non -Members and $75 per hour
for Members. There will be a $40 per hour fee for the use of conference rooms. (Collectively, "License
Fee"). Members must be current on membership fees in order to use Stoke Denton for special events. Any
License Fee must be payable 24 hours prior to the Event, or Licensee will be denied use of Stoke Denton,
The City reserves the right to charge a security deposit for the proposed use of Stoke Denton in the event
there will be more than 50 attendees. The refundable deposit will be $250.00. This deposit will secure any
costs incurred by the City, the cost of cleanup if Licensee fails to return Stoke Denton to its original
condition after the Event, or any damages inflicted on or to Stoke Denton as a result of the Event. If the
Security Deposit is not sufficient to cover the aforementioned deficiency, Licensee agrees to remit payment
of the deficiency within 5 days of receipt of an invoice from the City.
The City shall have the right, at its option, to terminate this Agreement, and the license granted hereunder,
if the Licensee violates the law, fails to perform its obligations, or fails to comply with the terms and
requirements imposed under this Agreement. In the event of such failure, the City may reenter and retake
possession of Stoke Denton, remove all persons therefrom, and seek any legal proceeding, if necessary, to
obtain such possession or otherwise eject unauthorized occupants. Any cost incurred by the City in
recovering possession of Stoke Denton, including reasonable attorney fees and court costs, shall be paid by
the Licensee. Licensee may cancel this Agreement upon written notification to the City's representative
onsite. Upon termination or cancellation, Licensee agrees to promptly remove at Licensee's expense, any
personal property used for the special event from Stoke Denton within 12 hours. The City reserves the right
to eject, or to require the Licensee to eject, any person or persons from Stoke Denton which the City has
determined, in its sole discretion, to be a risk or threat to the public peace, safety or health. The City will at
all times and without limitation, have access to Stoke Denton during the Event.
Please note that Stoke Denton is a City facility and the City's Smoking Ordinance applies. There is a
prohibition on smoking within 30 feet of Stoke Denton. Use of liquor is prohibited unless Licensee uses a
caterer that carries Liquor Liability Insurance at the time of the Event and that is licensed by the Texas
Alcohol and Beverage Commission (TABC). The City must receive a copy of the TABC license prior to
the Event, All TABC rules must be followed, and no minors may be served.
Licensee must comply with all Federal, State and Local laws and all rules and regulations of the City during
the Event, including the City of Denton Police and Fire regulations. The Licensee is responsible for any
security arrangements needed for the Event. The Licensee will be responsible for the conduct of all persons
allowed entrance into the Event. It is understood and agreed that the City does not undertake to assume
Licensee's duties and responsibilities to protect the general public or any invitees or licensees entering upon
Stoke Denton from loss or damages to persons or property occasioned by Licensee's activities or Licensee's
use and occupancy of Stoke Denton or the Designated Event Space, and that Licensee shall remain solely
liable therefore. Licensee agrees to pay when due all royalties, license fees or other charges accruing or
becoming due to any firm, person or corporation by reason of any music, either live or recorded, or other
entertainment of any kind or nature, played, staged or produced at the Event. THE LICENSEE AGREES
TO HOLD HARMLESS THE INDEMNIFIED PARTIES AND THE CITY AGAINST ANY AND
ALL SUCH CLAIMS AND CHARGES, AND TO DEFEND, AT ITS OWN EXPENSE, ANY AND
ALL SUCH CLAIMS AND CHARGES. The Licensee is responsible to provide for adequate parking
areas to accommodate the parking needs of the attendees at the Event.
THE LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICIALS,
OFFICERS, EMPLOYEES, AND REPRESENTATIVES (THE "INDEMNIFIED PARTIES")
HARMLESS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES,
JUDGMENTS, COSTS, FINES, PENALTIES, INTEREST OR EXPENSES INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS
(COLLECTIVELY THE "CLAIMS"), FOR (1) ANY INJURY OR WRONGFUL DEATH TO ANY
PERSON (INCLUDING, WITHOUT LIMITATION, ANY ATTENDEES ATT EVENT) OR
DAMAGE TO ANY PROPERTY RESULTING FROM OR ARISING OUT OF THE EVENT, (11)
ANY USE OF STOKE DENTON BY THE LICENSEE, OR (111) ANY MATERIAL BREACH BY
THE LICENSEE OF THE PROVISIONS OF THIS AGREEMENT. FOR EACH AND EVERY
CLAIM BROUGHT AGAINST THE INDEMNIFIED PARTIES, OR ANY OFTHEM, THE
INDEMNIFIED PARTIES SHALL PROMPTLY NOTIFY THE LICENSEE IN WRITING, AND
THE LICENSEE SHALL IMMEDIATELY ASSUME THE DEFENSE OR PAYMENT OF SUCH
CLAIMS, WITH COUNSEL REASONABLY SATISFACTORY TO THE INDEMNIFIED
PARTIES. IN THE EVENT THAT THE LICENSEE FAILS TO PROVIDE SUCH DEFENSE, THE
INDEMNIFIED PARTIES, AND EACH OFT E , SHALL HAVE THE RIGHT, BUT NOT THE
OBLIGATION, TO DEFEND AGAINST THE CLAIMS, AND TO CHARGE THE COST
THEREOF TOT E LICENSEE.
After the Event, the City and Licensee agree to jointly inspect the Designated Event Space within Stoke
Denton to determine whether any changes have occurred in the condition, which is directly attributable to
Licensee's occupancy and use thereof, and to document any cleanup or other restoration of the area that
may be required of Licensee. No temporary improvements shall be performed to the Stoke Denton without
prior consent of the City. Licensee specifically agrees not to nail, tape, and screw anything into the floors
or wall of Stoke Denton. Licensee must at all times keep Stoke Denton safe, sanitary and free from unsightly
conditions and shall return the area to the City upon expiration of the License Term in a clean condition
which includes the removal of all trash and debris, personal property, and food and beverages. Licensee
agrees and covenants to return the Designated Event Space free from any liens or claims recorded against
Stoke Denton. In the event that the Licensee fails to perform the requirements herein, the City may restore
the Designated Event Space or Stoke Denton to the required condition and charge the actual cost to
Licensee. If personal property is not removed in compliance with this Agreement, then the City shall have
the right to dispose of any such property and the Licensee agrees to pay a reasonable fee for expenses
incurred. The City shall be held harmless from any claim of lost property or property left at Stoke Denton,
Neither this Agreement, nor any of the rights granted herein unless as otherwise provided in this Agreement,
may be assigned by the Licensee without the written consent of the City. Waiver of any of the terms of this
Agreement shall not be valid unless in writing and signed by each party. The failure of the City to enforce
any of the provisions of this Agreement shall not in any way be construed as a waiver of such provisions
or affect the validity of any part of this Agreement or to affect the right of the City to thereafter enforce
each and every provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date of the
execution of this Agreement.
I K41045111 04-51
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
M