20-1103S:\Legal\Our Documents\Ordinances\20\Parklet Streatery License Pilot Ordinance Final.Docx
ORDINANCE NO. 20-1103
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND ESTABLISHING A SIX
MONTH PILOT PARKLET AND STREATERY LICENSE PROGRAM (THE "PILOT
PROGRAM") FOR CERTAIN AREAS OF THE CITY; ESTABLISHING THE RULES AND
REGULATIONS FOR THE PILOT PROGRAMS AND THE PROVISIONS FOR
ENFORCEMENT THEREOF, INCLUDING ESTABLISHING CRITERIA FOR PERMITTED
LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION,
CONSTRUCTION AND INSTALLATION STANDARDS; ESTABLISHING A FEE
SCHEDULE FOR THE PILOT PROGRAM; DELEGATING AUTHORITY FOR EXECUTION
OF THE PARKLET/STREATERY REVOCABLE LICENSE TO THE CITY MANAGER;
PROVIDING FOR PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Parklets and Streateries allow greater opportunities for people to socialize and
interact with others by activating the streetscape; and
WHEREAS, Parklets and Streateries have been used in many cities of all sizes throughout
North America and are proven methods to increase the vibrancy and activity of a streetscape; and
WHEREAS, development of a temporary program of Parklets and Streateries in certain
areas of the City of Denton during the City's Declaration with Emergency will allow adjacent
business owners to provide outdoor seating with social distancing, without the need for permanent
street re -design; and
WHEREAS, the City must maintain and oversee its streets and rights-of-way in the interest
of public safety; and
WHEREAS, the City Council finds it is in the public interest to establish a Pilot
Parklet/Streatery License Program for the period set forth in this ordinance under the terms and
conditions set out below; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings in the preamble are incorporated into the body of this
ordinance by reference as if set out fully herein.
SECTION 2. The City of Denton hereby creates, authorizes, and establishes the Pilot
Parklet/Streatery License Program (the "Pilot Program") for a term of six (6) months from the
effective date of this ordinance. Applications may be accepted and processed fourteen (14) days
upon passage of this Ordinance. The Pilot Program shall be administered by the Development
Services Department ("Department") and apply to all individuals or companies desiring to operate
a Parklet or Streatery with a City street or right-of-way.
SECTION 3. The following definitions apply to this ordinance:
a. "Parklet" means up to two parallel or three diagonal parking stalls, as applicable,
temporarily dedicated for use by the public for commercial or non-commercial activities and
purposes, together with improvements, such as lighting, signage, paving, benches, sculpture,
landscaping, barricades, and fencing, in furtherance of such purposes; and
b. "Streatery" means up to two parallel or three diagonal parking stalls, as applicable, used
either as a temporary extension of or stand-alone sidewalk cafe connected visually to, and for use
by patrons of, a nearby restaurant or bar which is subject to all the terms and conditions of the
nearby restaurant or bar's food service permits and alcohol licenses; and
SECTION 4. Eligible Locations. The locations of any Parklet or Streatery shall be in accordance
with the following criteria:
a. Parklets or Streateries are permitted on streets with speed limits of 30 mph or less within the
Mixed -Use Downtown Core Zoning District with the exception of Elm, Hickory, Oak, and
Locust Streets.
b. Parklets or Streateries can be sited along the curb line on streets where on -street parking spaces
exist. The Parklet or Streatery can be considered on any location where there are, or would be,
space(s) for on -street parallel, angled, or perpendicular parking.
c. Parklets or Streateries are generally permitted on streets with a running slope (grade) of five
(5%) percent or less. When installed on streets with running slopes of three (3%) percent or
greater, Parklets or Streateries will be required to include a wheelchair rest area. Parklets or
Streateries may be permitted on streets with a running slope of five (5%) percent or greater
only if they can provide safe access and turnaround area for wheelchair users.
SECTION 5. General Physical Requirements. The general physical requirements for a Parklet or
Streatery shall be in accordance with the following criteria:
a. Reflective elements are required at the outside corners of all Parklets or Streateries. Soft -
hit posts are a standard solution deployed at the outside edges; however, the City will
consider additional reflective elements incorporated into the Parklet or Streatery design.
b. For Parklets or Streateries in parallel parking spaces, a three-foot wheel stop must be
installed one (1) foot from the curb at the edge of the front and back parking spaces. When
Parklets or Streateries are installed adjacent to parallel parking spaces, wheel stops should
be setback four (4) feet from the Parklet or Streateries structure. For angled parking spaces
and adjacent to driveways, City staff will work assist in determining the appropriate
location for wheel stops. Wheel stops should be made of recycled rubber. Concrete wheel
stops are discouraged.
c. The initial site plan accompanying the application should accurately reflect the existing
site conditions and include streetscape features like adjacent bicycle racks, utility covers,
street poles, existing signs, street trees, tree wells, etc.
d. Parklets or Streateries must not interfere with sight triangles regulated by the City's
Transportation Design Criteria Manual.
SECTION 6. Uses and improvements not allowed. No temporary Parklet or Streatery license
may be granted under the Pilot Program for:
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(a) any building or structure requiring a building permit, other than a neighborhood gateway
feature, supportive or decorative column, arch or other structural or decorative feature of a
building;
(b) any improvement, facility, or use, the installation or allowance of which would:
1. result in a violation of the Americans with Disabilities Act or any other applicable local,
state, or federal health or safety law or regulation;
2. unduly interfere with the free passage of vehicles on the street or of pedestrians on the
sidewalk;
3. create a traffic hazard;
4. unduly interfere with the safe and efficient operation of a utility facility;
5. create undue adverse impacts on adjacent property owners and businesses;
6. block the sight visibility triangle at an intersection; or
7. require the relocation of any utility or utility facility.
SECTION 7. General requirements for all temporary Parklet or Streatery licenses. A
Parklet/Streatery Revocable License applicable to permitted uses and improvements allowed under
this article shall include, as applicable:
1. all requirements set forth in the Parklet and Streatery Manual or other applicable
technical standards and specifications with which the Licensee must comply;
2. terms and restrictions necessary to protect public use of the public right-of-way or the
facilities and access needs of a public or private utility provider;
3. specifications for required clearances between the improvements and utility facilities,
whether above ground, underground, or overhead, as prescribed by applicable building
and health and safety codes, franchise agreements, or state or federal laws;
4. a requirement that the Licensee pay the cost to relocate a utility facility or improvement
in a public right-of-way in connection with the installation of the improvements, if
consent is granted for such relocation;
5. authorization for the city or a utility provider to remove, without liability, all or part of
the improvements if necessary to obtain access to an affected utility facility;
6. provisions approved by the city attorney that require the licensee to indemnify, defend,
hold harmless, and release the city, its officers, agents, and employees from any and all
claims, losses, damages, causes of action, suits, and liability of every kind, including
all expenses of litigation for injury or death of any person, or for damage to any
property, arising out of or in connection with Licensee's use of public right-of-way;
7. a provision specifying that the term or expiration date of the license shall not exceed
six (6) months from the effective date of this ordinance.
8. a provision for termination of the license for violation of its terms, subject to notice of
the violation and an opportunity to cure the violation within 5 calendar days after
receipt of the notice, except that violation of the expiration date shall be addressed
immediately.;
9. a provision for termination of the license by the city without recourse before the end of
the license term when necessary to implement a capital improvements or utility project,
to address threats to public health or safety, or to mitigate adverse impacts to adjacent
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property owners and businesses caused by the improvement or use for which the license
is granted;
10. a provision providing for the prompt removal of all improvements or cessation of use
upon termination of the license at the Licensee's expense, including the right of the city
to remove improvements upon failure of the Licensee to do so and to recover the city's
cost for such removal;
11. no more than two Parklets or Streateries shall be allowed per block face; and
12. COVID-19 Requirements: All Licensees shall have read and shall follow the protocols,
practices, and guidelines, as applicable to their business, specified in the Governor's
Report to Open Texas, and any potential amendments, all of which will support a safe
and measured reopening of Texas. Violations of this section shall result in the Licensee
receiving a verbal warning and an opportunity to comply with this section. If a second
violation occurs, the Parklet or Streatery License may be revoked immediately and the
Parklet may be removed.
SECTION S. Criteria for the fabrication, construction, and installation of the Parklet or Streatery
platform are set forth in Parklet and Streatery Manual which is attached hereto as Exhibit "A."
SECTION 9. Filing of an application for a Parklet or Streatery shall be accompanied by a fee(s)
under the following fee schedule:
(i) Application Fee, applicable to Parklets and Streateries, to cover the cost of
administration of the application process: Fifty Dollars ($50.00).
(ii) City Right -of -Way Use Fee, applicable to Streateries only: Fifty Dollars ($50.00).
SECTION 113. Applications for Parklet or Streatery approval shall only be considered by those
individuals or business entities owning or operating a business adjacent to the proposed Parklet or
Streatery location and will be reviewed for potential acceptance on a "first-come, first-served"
basis.
SECTION 11. Before constructing or operating a Parklet or Streatery, applicants must obtain a
license from the City of Denton.
(a) For consideration of a license, the applicant must file a permit application with the
Development Services Department; said application to include the following items and
information:
1. Completed Application, in the form which is attached hereto as Exhibit "B";
2. Notice to Adjacent Property Owners and Users:
i. Applicants, pursuant to this article, must notify and obtain a letter of support
from adjacent property owners and other retail businesses within 100 feet of the
proposed Parklet or Streatery of the application for a permit at the time of
application. If the applicant is a tenant, written approval of the property owner
is required.
ii. Any written objection from an adjacent property owner or failure to provide a
letter of support at time of application will require approval by city council.
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City council will base their decision on the negative effects the Parklet or
Streatery may have on those adjacent owners or businesses.
3. Photographs, drawings, or manufacturers' brochures fully describing the appearance of
all proposed tables, chairs, umbrellas, or other objects relating to the open-air dining
and beverage service that may be conducted within the license area. The tables, chairs,
umbrellas, and other objects provided as part of the Parklet or Streatery shall be of a
quality, design, materials, and workmanship to ensure the safety and convenience of its
users and shall be compatible with the uses in the immediate vicinity.
(b) The Development Services Department shall review the materials in subparagraph (a)
above and shall provide a recommendation to the City Manager to grant approval,
approval with conditions, or denial.
SECTION 12. Procedure for reviewing Parklet or Streatery license applications.
(a) Approval by City Manager. The City Manager may issue a revocable license for the use
of a parking stall(s) as a Parklet or Streatery upon such terms and conditions as the City
Manager in the exercise of his professional discretion, may deem appropriate, if the City
Manager determines that:
1. The applicant is the owner or occupant of the property adjacent to the proposed Parklet
or Streatery area;
2. The applicant has the permission of the owner and occupant, if different, of the property
adjacent to the proposed Parklet or Streatery area to place a Parklet or Streatery in the
proposed location;
3. The proposed Parklet or Streatery use would not unduly and unreasonably impair
passage of the public on the sidewalk adjacent to the area for which the license is
sought; and
4. The design and construction of the proposed Parklet or Streatery meets all applicable
guidelines.
5. No more than two Parklets or Streateries would be placed per block face.
(b) Appeal to City Council. An applicant may appeal the denial of the license application to the
City Council. The City Council may approve a License that identifies the Parklet or Streatery
area, waiving requirements of subsection (a) in the interest of public safety and necessity and
any applicable restrictions, or deny the application.
SECTION 13. Parklets and Streateries licenses granted under this Pilot Program shall be subject
to the same restrictions and prohibitions against smoking as are applicable to parks pursuant to
Chapter 14, Article 4 of the Code of Ordinances, together with applicable enforcement remedies
and penalties thereunder. In addition to other remedies and penalties that may be pursued for a
violation of this section, the City Manager or his designee may revoke a license issued under this
Pilot Program to a licensee that commits a violation under this section.
SECTION 14. The license granted under this Pilot Program shall be in the substantial form which
is attached hereto as Exhibit "C," and the issuance of such is a condition precedent to proceeding
with further permit applications for the construction, installation, operation, maintenance, and
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repair. The terms and conditions set forth in Exhibit "C" are incorporated herein by reference as
it set forth verbatim and become conditions of the Parklet and Streatery approval and Pilot
Program.
SECTION 15. The City Council hereby delegates authority to the City Manager to execute the
applicable Parklet or Streatery Revocable License(s) following the approval of the application as
set out in Section 12 above.
SECTION 16. Parklet terms and conditions:
(a) Terms and contains imposed by the City Manager or designee upon the approval of a
Parklet application may include, without limitation:
1. restrictions as to the number and placement of furnishings (such as tables and chairs)
and as to the hours and dates of use;
2. a requirement that the Parklet and all associated furnishing, fixtures, and equipment in
the Parklet area be cleared when not in use as a Parklet, upon the request of the City
Manager, designee, or other appropriate City officer, such as the chief of police or fire
official or their authorized representatives, and that if the licensee does not clear the
area, the City may clear the area with the licensee liable to the City for the cost of such
work;
3. a requirement that the parking space(s) be vacated and restored to their original
condition and free from all obstructions within 24 hours of the end of the Pilot Program;
4. that the licensee shall maintain the sidewalk adjacent to the Parklet as well as the
Parklet itself in a clean and safe condition for pedestrian travel and use, and if the
applicant fails to maintain the area that the City may, in its sole discretion, perform
such maintenance, cleaning, and/or repairs as the City deems necessary with the
applicant liable to the City for the cost of such maintenance, cleaning, and/or repairs;
5. a requirement that the licensee maintain the parking stalls adjacent to the Parklet area
clean and free of debris;
6. a requirement that the applicant maintain the sidewalk adjacent to the Parklet as
necessary to accommodate deliveries to adjacent or other nearby properties;
7. regulations upon lighting and illumination of the Parklet; and
(b) Unless expressly authorized by the City, no license applicant authorized to construct,
maintain, and operate a Parklet under this chapter shall:
1) Break or damage any pavement or street surface;
2) Disturb, remove, damage, or obstruct any parking meters, signs, or parking area
striping;
3) Place adjacent to or obstruct safe, accessible access to a bus stop;
4) Permanently install any fixture of any kind; or
5) Cover or obstruct any utility manholes or handholes in or on the parking space(s)
occupied by a Parklet or in or on the sidewalk area adjacent to the Parklet area.
(c) The terms and conditions of this section are in addition and supplemental to all other
City permit requirements, including, without limitation, the fire and building codes and
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the City's noise regulations, stated in chapter 17 of the Denton Municipal Code, as
applicable.
SECTION 17. Streatery terms and conditions:
(a) Terms and conditions imposed by the City Manager or designee upon the approval of a
Streatery application may include, without limitation:
1. restrictions as to the number and placement of furnishings (such as tables and chairs)
and as to the hours and dates of use;
2. a requirement that the Streatery and all associated furnishing, fixtures, and equipment
in the Streatery area be cleared when not in use as a Streatery, upon the request of the
City Manager, or designee or other appropriate City officer, such as the chief of police
or fire official or their authorized representatives, and within 24 hours after the Pilot
Program if the area is not cleared, the City may clear the area and charge the costs for
such clearance to the licensee;
3. that the Streatery be removed immediately if the applicant's food establishment or
liquor permit is revoked;
4. that the licensee shall maintain the sidewalk adjacent to the Streatery as well as the
Streatery itself in a clean and safe condition for pedestrian travel and use, and if the
applicant fails to maintain the area, the City may, in its sole discretion, perform such
maintenance, cleaning, and/or repairs as the City deems necessary with the applicant
liable to the City for the cost of such maintenance, cleaning, and/or repairs;
5. a requirement that the licensee maintain the parking stalls adjacent to the Streatery area
clean and free of debris;
6. a requirement that the applicant maintain the sidewalk adjacent to the Streatery as
necessary to accommodate deliveries to adjacent or other nearby properties;
7. regulations upon lighting and illumination of the Streatery;
(b) Unless expressly authorized by the City, no license applicant authorized to construct,
maintain, and operate a Streatery under this chapter shall:
1. Break or damage any pavement or street surface;
2. Disturb, remove, damage, or obstruct any parking meters, signs, or parking area
striping;
3. Place adjacent to or obstruct safe, accessible access to a bus stop;
4. Permanently install any fixture of any kind; or
5. Cover or obstruct any utility manholes or handholes in or on the parking space(s)
occupied by a Parklet or in or on the sidewalk area adjacent to the Parklet area.
(c) Alcohol may be sold for consumption at a Streatery when authorized in both the license
provided for herein and by permit of the Texas Alcoholic Beverage Commission, and not
otherwise. Nothing herein shall be deemed or construed to allow alcohol use or
consumption on a Parklet as the same is defined in this Pilot Program.
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(d) The terms and conditions of this section are in addition and supplemental to all other
City permit requirements, including, without limitation, the fire and building codes and
the City's noise regulations, stated in chapter 17 of the Denton Municipal Code, as
applicable
SECTION 18. It shall be a violation to operate a Parklet or Streatery within a City street or right -
of way without a permit issued by the City under the terms and conditions set out above
SECTION 19. Any person found guilty of violating the provisions of this Ordinance by a court
of competent jurisdiction shall be fined a sum not to exceed Five Hundred Dollars. ($500.00) and
shall be subject to the penalties as specified above, including but not limited to revocation of
license. Each day that a provision of this Ordinance is violated shall constitute a separate and
distinct offense.
SECTION 20. If any word, phrase, clause, sentence, or paragraph of this ordinance, or application
thereof to any persons or circumstances, is held to be unconstitutional or invalid by a court of
competent jurisdiction, the other provisions of this ordinance will continue in force if they can be
given effect without the invalid portion; the City Council declares that it would have ordained such
remaining portion despite such invalidity.
SECTION 21. This Ordinance, providing for a penalty, shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby directed to cause the caption of this
Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in
the City of Denton, Texas, within ten (10) days of the date of its passage.
The motion to approve this Ordinance was in
seconded by ;
the following v e L-5 - oJJ:
Ave
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
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ode by eqA and
the Ordinance wa0passed an proved by
Nay Abstain Absent
%Z
PASSED AND ADOPTED this the day of IkkXV, 2020.
CHRIS VATT S, MA OR
ATTEST:
ROSA RIOS, CITY SECRETARY
By: oe ?2 2
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By: 'u
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P A R K L E T &
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MANUAL
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June 26, 2020
City of Denton
Development Services Department
GENERAL CRITERIA
Parklet/Streatary design and location should conform to the following design
guidelines, as well as any additional standards made part of the approval of an
individual parklet. Additional requirements and further details can be found in
Ordinance
Definition
Parklet is essentially a temporary constructed public space/park installed in a parking
spot or loading zone. Parklets are free for the use of everyone - visitors, residents, j y
and businesses alike.
Streatery is much like a parklet, but it is reserved for the use of the adjacent
restaurant during their business hours -just like a sidewalk cafe but not on the
sidewalk. When the business who maintains the streatery is closed, it works just like a
'--!
parklet - free for everyone to use
Location_
_-•
Parklets are allowed in parallel or angled parking spaces or within unused right-of-way.
_
--- •.�
There shall be no more than 2 parallel spots or 3 diagonal/perpindicular spots. Each
parklet shall be limited to utilizing no more than two parking spaces. Excluding: Oak,
Hickory, Elm and Locust Street
Corner Location
-----------•-- - ---- - y
In general, parklets must be located at least one parking space away from an
intersection or street corner. Parklets close to corners can be more exposed to the Street Slope
risk of a collision by motorized vehicle. In some instances, a bike corral at least 15 feet
in length, a curb -extension (bulb -out), or some other physical barrier. Parklets must be situated on
Se e d Limit streets with a running slope
p (grade) of five percent or less
Parklets are permitted where the posted speed limit is 30 mph or less. Streets with or provide a level surface
higher speed limits may be considered on a case-by-case basis. to meet this grade.
Ma - Mixed -Use Downtown Core
MD with OVERLAY
Buffers & Safety Elements
Parklets shall be required to have a buffer to protect users from
street traffic. Buffers can be either planters, durable seating,
temporary railing/edging, or other visible, protective edging as
approved by staff in the application process. Parklets must be
situated a minimum of 2 feet from the nearest edge of traveled
way. Planters used as edging features are required to be large and
durable. All edging and buffering mechanisms will require City
approval.
Wheel Stops
Parklets shall not be allowed in front of a fire hydrant,
or over a manhole, public utility valve, or cover. Curb
and roadside drainage shall not be impeded by the
parklet. If decking is being constructed, the decking
should allow for easy access underneath and
curbside drainage shall not be impeded. A gap of 6"
should be maintained between the body of the deck
and the asphalt to facilitate the movement of water.
Utilities
For parklets in parallel parking spaces, a three-foot wheel stop must
be installed one foot from the curb at the edge of the front and back
parking spaces. When parklets are installed adjacent to parallel
parking spaces, wheel stops should be setback four feet from the
parklet structure.
For angled parking spaces and adjacent to driveways, City staff will
work with you to determine the Appropriate location for wheel
stops. Wheel stops should be made of recycled rubber; concrete
wheel stops are discouraged.
Trash
The permit holder is required to provide trash receptacles sufficient
for the proposed use and is subject to the following requirements:
Food service establishments must provide receptacles which shall be
no smaller than 10 gallons.
Retail or other non-food service establishments must provide
receptacles, however a minimum size is not required.
Receptacles must be emptied by the permit holder at any time they
are visibly full.
All waste and recycling generated within the parklet is the
responsibility of the permit holder. This includes items that are blown
from the parklet. Bin covers are required.
ADA Requirements
All elements of Parklets shall be constructed and/or
installed to conform to the applicable provisions,
rules, regulations, and guidelines of the Americans
with Disabilities Act (ADA).
Pa rklet Decking
Design for Easy Removal
Parklets are temporary in nature and must be designed for
easy removal. All removable furniture must be locked or
stowed each night.
Parklet decking must be flush with the curb and may not have more than %" gap from the curb. If decking is
installed, a minimum 36" ADA accessible entryway to the parklet must be maintained for all parklets. Platforms
shall not exceed a 2% cross slope. Decking will need to be constructed of durable material capable of
withstanding weather elements. Deck installation shall not damage the sidewalk, street, curb, or any aspect of
the public right-of-way. Due to the temporary nature of the parklet, any proposed decking shall not be allowed to
be bolted into the asphalt.
Sight Triangle
Parklets must not interfere with sight triangles. A sight triangle is a triangular shaped portion of land established
for unobstructed visibility of motorists entering or leaving a street or driveway intersection in which nothing,
whether stationary or moveable (i.e., vehicles, vehicular maneuvering area, signs, landscaping or objects of any
kind) is permitted to be located between a height of two and one-half (2%) and eight (8) feet above the elevation
of the adjoining edge of pavement. An exception to the prohibition is a tree with clear trunk between two and one-
half (2%) and eight (8) feet.
Design and Placement Guidelines
C=........... .......
traffic
THE PLATFORM
The platform provides the structural base for the parklet. The City
strongly recommends consulting a design or construction
professional to ensure that the platform will be sturdy and safe.
Bolting
Bolting into the street or penetrating the surface of the road in any way is
strongly discouraged and may not be allowed without a restoration plan and an q'
excavation bond posted by the applicant and their contractor. Parklets may be i
bolted to the existing curb, with specific restoration requirements.-' !! -►- _
,�I►1 1
Platform Surface
The top of the parklet platform must be flush with the sidewalk with a maximum
gap of one-half inch. In the case of a sloping street, staff will work with the Aligned
designer to address issues of access. ilz maxgap tom
Parklet1 "6 curb
Access Vspangap . , Bevel
If the platform base is not solid, the space underneath the platform surface " Curb
must be accessible for maintenance through removable access panels.
Yes
Drainage No 1
The parklet cannot impede the flow of curbside drainage. Designers are strongly Parklet
encouraged to cover openings at either end of the parklet with screens to prevent ` zP
blockage from debris. �'`_" curb
Platform Cross Slope
Parklet platform rest areas cannot exceed two percent cross slopes. Your final
construction drawings will need to show spot elevations for both the sidewalk and
the platform areas
REQUIRED MATERIALS
No Parking Sign
Clear the area for installation by placing temporary
no parking signs in the parking spaces that your
parklet will occupy a minimum 72 hours before
installation. The City will provide signage at permit
approval.
Soft -Hit Posts
Purchase two standardized safe -hit posts, one
for each end of the parklet.
You may purchase the posts from any vendor, but
they must meet these specifications:
o Safe Hit Type 2 Guide Post 36A, white.
o Surface Mount Pin Lock Base.
o Butyl Adhesive Pad or 10 oz. Epoxy Kit.
Lighting
Self-contained low -voltage lighting systems, such as solar or battery powered lights are encouraged
Flashing lights and cords that extend over the sidewalk (even if they're located overhead) are prohibited
THE ENCLOSURE
Buffer the Edges
Depending on the location, the parklet should have an edge to buffer the
street. This can take the form of planters, railing, ca tiling, or some other
appropriate buffer. The height and scale of the buffer required will vary
depending on local context.
For example, on some low -traffic streets, a continuous edge may not be
required. (If cable railing is used, spacing between cables cannot exceed
six inches).
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42' m x
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Maintain a Visual Connection to the
Street
Your parklet design should maintain a visual connection to the street.
Continuous opaque walls above forty-two inches that block views into the
parklet from the surrounding streetscape are prohibited. You are allowed to
include columns and other vertical elements
Signage
Applicant shall provide signage consistent with the following examples. Final
location and size of sign to be approved with the permit.
. gar r
Imo'
EXHIBIT B
PILOT PARKLETfSTREATRY PROGRAM APPLICATION FORM
APPLICANT INFORMATION
Complete the form below to provide some basic information.
6--d-Rd INFORMATION
Proposed Address:
Nearest Intersection:
Current Use of Property:
Applicant Name (Business, organization, or individual):
Mailing Address: Zip Code:
Contact Name 1:
Title 1: Phone 1:
Email 2•
Contact Name 2•
Title 2: Phone 2:
Email 2•
❑ I have read and understood the City of Denton Parklet and Streatry Manual, Revocable License Agreement, and
Ordinance 2020 which covers responsibilities, design guidelines, and technical requirements.
Name(s) of Property Owner: _
Property Owner Address: Zip Code:
Phone: Email:
Check one:
❑ I don't know yet
❑ I'll design it myself
❑ I'll hire a designer
If known:
Designer Name:
Firm: _
Phone:
mail:
Number of parking spaces to be occupied: Parallel Angled/Perpendicular
Total size of proposed parklet: square feet
Estimated Project Cost: $
SITE PLAN
Provide a measured site plan of the existing space for your proposed parklet installation. This can be
digitally or hand - drawn. Please reference the Parklet Design section for requirements and example. The
following are items to include in your site plan:
❑ Your building and neighboring properties (include addresses)
❑ Proposed parklet and dimensions
❑ 3-4 foot buffer on side of parklet location (not to be included in parklet size)
❑ On street adjacent features (e.g: trees, utilities, canopies, clearance, light poles, bike racks, benches
and any other on -street features),
C] Accurate dimensions of all components of parklet with labeling
0 Any unique features
PHOTOS OF EXISTING SITE
Provide photos of existing conditions indicating where you would like to install the parklet. The following
diagram demonstrates where shots may be taken, which includes parking spaces, sidewalk, and building
fa4ade in front of the
proposed location.
CONCEPT DESCRIPTION
Provide a brief summary explaining your initial concept.
What are the project goals and the visions for your parklet or streatery?
Include proposed materials, and any amenities such as furniture, shade covering, etc.
Provide drawings to describe your proposed project (optional)
PROOF OF NOTIFICATION
Provide the property owner's authorization within 100 feet of your building.
DOCUMENTED COMMUNITY SUPPORT
Although additional community support is not required, it is strongly encouraged. Example of
documentation may include signed petitions and letters of support from local businesses, residents,
institutions, and other organizations. The following are samples that you may use as templates:
Sample Petition of Support
[Name of Business/Organization]
I support a parklettstreatery in front of [location]! Thank you for helping improve public
space on Sample Street. 1234 Sample Street, Denton, TX
Name
Address
Phone
Number
Email
I live within
5 blocks of
[location]
Signature
Sample Letter of Support
To whom it may concern,
I'm writing to express my support for a parklet to be constructed in front of [Name of
Business/Organization] located at 1234 Sample St. I understand that the parklet would take the
space of 2 parking spots. This parklet will be a great asset to the neighborhood in addition to being a
space for patrons of Sample St. businesses to gather without blocking the sidewalks or venturing into
the street.
Sincerely
(Signature)
Name (Printed)
(Tel/Email for contact) Address
1
Contact
Date
PREPARED BY AND RETURN TO:
DRAFT
Exhibit C
PAR KLET/STR EATERY REVOCABLE LICENSE
THIS IS A PARK LET/STR EATERY REVOCABLE LICENSE (hereinafter, "Revocable License" or "License")
granted this—day of 2020 (the "Effective Date"), between:
CITY OF DENTON, 215 E. McKinney Street, Denton, TX 76201, hereinafter "CITY", and
[APPLICANT I PERMITTEE - principal business address, hereinafter "PERMITTEE".]
WHEREAS, Parkets and Streateries are created within current on -street parking spaces within the
public right-of-way, typically being built over the parking spaces at the same level as the sidewalk where
pedestrian amenities, including, but not limited to, benches, tables, chairs, landscaping, and bicycle racks
are then placed; and
WHEREAS, the City Council of the City of Denton, through Ordinance No. 2020-xx, established a six
(6) month Pilot Parklets and Streateries License Program (the "Pilot Program"); and
WHEREAS, PERMITTEE is the owner or lessee of property
located at ,Denton, Texas ("Business Location"); and
WHEREAS, PERMITTEE is in the business of ; and
WHEREAS, PERMITTEE filed an application with the CITY for development, construction,
installation, operation, and maintenance of a Parklet/Streatery adjacent to his/her/its Business Location
consisting of a Parklet/Streatery platform and Project Improvements for use by the general public and
patrons of PERMITTEE'S business; and
WHEREAS, the Department has reviewed PERMITTEE'S Application and approved same subject to
the terms and conditions set forth in this Revocable License and subject to execution thereof by
PERMITTEE; and
WHEREAS, it is in the best public interests of the CITY to encourage the development of Parklets on
a pilot program basis in an attempt to make the Parklets an enhanced pedestrian experience for local
residents and tourists with recreation, restaurant, retail, and entertainment venues and for the general
public; and
WHEREAS, the City Council of the City of Denton, through Ordinance No. 2020-xx has, pursuant to
the authority of CITY Charter § 5.03, delegated to the City Manager the authority to execute this Revocable
License on behalf of the CITY following approval of the application as specified in the Ordinance;
dRAFr
Exhibit C
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Revocable
License, and other good and valuable considerations, the adequacy and receipt of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated as if set out fully herein.
2. Defined Terms. The following terms, as used and referred to herein, shall have the meaning set forth
below, unless the context indicates otherwise.
City Manager means CITY's Chief Executive Officer, its City Manager, or his or her designee.
Day(s). In computing any period of time expressed in day(s) in this Revocable License, the day of the
act, event, or default from which the designated period of time begins to run shall not be included. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in
which event the period shall run until the end of the next day which is neither a Saturday, Sunday or
legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate
Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Department means the CITY'S Development Services Department which is charged with responsibility
of administering the Pilot Parklet and Streatery License Program.
Director means the Director of the Department or his or her designee.
License Area means the area described in the approved Parklet/Streatery Site Plan, such License Area
being within a public right-of-way, including air space, within which the Project Improvements shall be
constructed, and within which the Parklet/Streatery shall be operated and maintained for the purpose
of accommodating the general public and the patrons of PERMITTEE'S adjacent business.
Parklet/Streatery Site Plan or Site Plan means the site plan prepared by PERMITTEE and approved by
the CITY in its proprietary capacity as part of this Revocable License. The Site Plan approval herein is
not part of the sovereign governmental approval process associated with building and zoning permits.
Approval of the Site Plan does not relieve PERMITTEE of proceeding with all other governmental
approvals otherwise applicable to the construction, use, and operation of the Project, including
building permits under the Building Code and Engineering Permits under the CITY's regulations. A copy
of the approved Parklet/Streatery Site Plan is attached hereto as Exhibit "A".
Person means any individual, firm, partnership (general or limited), corporation, company, association,
joint venture, joint stock association, estate, trust, business trust, cooperative, limited liability
corporation, limited liability partnership, limited liability company or association, or body politic,
including any heir, executor, administrator, trustee, receiver, successor, assignee, or other person
acting in a similar representative capacity for or on behalf of such Person.
Project means the construction of Project Improvements for the purpose of accommodating the
general public (and patrons of PERMITTEE [if a streatery]), providing an area within which the
pedestrian experience along the public right-of-way may be amplified and enhanced by offering an
area within which one might sit, rest, recreate, (or indulge in open air dining and beverage experience
[if a Streatery]). The term Project also includes the ongoing obligation of maintenance, repair,
operation, and removal of the Project in accordance with the terms and conditions set forth herein and
under the Pilot Program, all of which shall be undertaken at the sole cost and expense of PERMITTEE.
��2
Exhibit C
The Project shall be available to the public at large and to the patrons of PERMITTEE'S adjacent
business.
Project Improvements means the improvements identified on the approved Parklet/Streatery Site Plan,
which such improvements may, but shall not necessarily include Parklet/Streatery platform, tables,
chairs, umbrellas, and other accessory equipment to the Project, railings, seating, landscape or
streetscape elements, soft -hit poles, wheel stops, etc.
3. Revocable License.
(a) The CITY grants unto the PERMITTEE a Revocable License for the purpose of constructing,
installing, operating, maintaining, and removing the Parklet/Streatery and Project Improvements
within a public right-of-way under authority of Ordinance No. 2020-xx establishing the Pilot Program,
subject to the terms and conditions set forth herein.
(b) At all times, the License granted herein for the Project shall be subordinate and inferior to the
CITY's superior interest in maintaining the public right-of-way underlying the Parklet/Streatery. In the
event that any conflicts should ever arise between the CITY's superior interest as aforesaid and the
Project, then, in that event, the rights of the CITY's uses and obligation of maintaining the public right-
of-way for its superior intended purpose shall prevail over that of PERMITTEE and PERMITTEE shall not
be entitled to any compensation for interference with its Project.
(c) PERMITTEE shall not be entitled to any compensation for loss of this License through revocation.
4. Term. Unless extended by other action of the City Council, the term of this Revocable License under
this Pilot Program shall expire upon the termination of the Pilot Program or sooner as set forth in the
Pilot Program and below.
4.1 In the event that the Revocable License for the License Area granted herein shall (a) ever
conflict with a superior municipal interest of the CITY or public, (b) at any time the CITY requires the
use of the License Area for a superior conflicting municipal purpose, or (c) determines that
continuation of the License for the License Area granted herein is no longer in the best public interest,
all as determined by the City Council after at least fifteen (15) advance notice to PERMITTEE that the
matter will be considered by the City Council, then, the License granted herein for the respective
License Area shall be terminable, in whole or in part, at the will of the City Council.
4.2 In the event
(a) PERMITTEE is in violation of any material term or condition of this Revocable License, as reasonably
determined by the City Manager;
(b) the license granted herein or the actions of
(i) PERMITTEE or any of its agents, servants, employees, guests, or invitees, or
(ii) the agents servants, employees, guests or invitees of any of PERMITTEE's contractors,
subcontractors, or independent contractors
conflict with a superior municipal interest of the CITY or the public;
DRAFT
Exhibit C
(c) at any time the CITY requires the use of the License Area or adjacent publicly dedicated
thoroughfare(s) for a superior conflicting municipal purpose; or
(d) continuation of the License granted herein as to the License Area is no longer in the best public
interests,
all as reasonably determined by the City Manager, then, upon advance written notice to PERMITTEE of
not less than seventy-two (72) hours where PERMITTEE is given an opportunity to be heard on the
matters by the City Manager, the authority granted by this License as the License Area may be
temporarily revoked or suspended by the City Manager for a period not exceeding fourteen (14) days.
4.3 In the event that emergent conditions arise within the License Area that present an imminent
threat to the health, safety, or welfare of Persons or property, the City Manager may temporarily
suspend this Revocable License, in whole or in part, for a period not to exceed fourteen (14) days. In
such a circumstance, notice shall be provided to PERMITTEE pursuant to the provisions of Section 10,
Emergencies, of this Revocable License. In the event the condition persists for a period of seven (7)
days, then this Revocable License may be temporarily suspended for a period in excess of fourteen (14)
days by action of the City Council.
4.4 This Revocable License may also be revoked or terminated pursuant to the terms of Section 23.
5. Project Operation and Conditions.
(a) The Project shall be operated for the purpose of accommodating the public in general without
charge (and the patrons of PERMITTEE and may include providing open air dining and beverage
service opportunities, provided, however, that nothing herein shall be construed as a prohibition as
to PERMITTEE from charging for the sale or service of food or beverage within the Streatery Area [if
for streateries]). Except for Streateries, the Project shall be available to the public at large and not
designated primarily for patrons of PERMITTEE.
(b) Permittee shall preserve and protect all existing trees and plantings in the public right-of-way within
the immediate vicinity of the Parklet/Streatery. Permittee shall be required to replace or mitigate
entirely at Permittee's expense, any damage to the public right-of-way or private property as a result
of the Parklet/Streatery construction, installation, placement, operation, maintenance, or removal.
(c) General landscape maintenance to the Parklet/Streatery should be performed on a regular basis at
the Permittee's sole cost and expense.
(d) Awnings, umbrellas, and other decorative material accessory to the Parklet/Streatery shall be fire
retardant, pressure treated, or manufactured of fire resistive material.
(e) Tables, chairs, umbrellas, and any object accessory to the Parklet/Streatery shall be maintained in a
clean and attractive appearance, shall be in good state of repair at all times and shall be maintained
in accordance with the approved maintenance plan and shall keep the landscaping and plants in a
good, healthy, and vibrant condition.
(f) The Parklet/Streatery shall be maintained in a neat and orderly appearance at all times and the
License Area shall be cleared of all debris on a periodic basis during the day and again at the close of
each business day in compliance with the approved maintenance plan. The maintenance plan shall
T7Ti�
Exhibit C
also include those areas adjacent to the License Area that cannot be accessed by the city's
streetsweeper.
(g) The City may require the Permittee to provide additional services beneath the Parklet/Streatery
platform, including but not limited to pest abatement service and clearing of catch basin grates to
allow proper storm drainage.
(h) No portion of any object placed within the Parklet/Streatery boundary shall extend into the adjacent
pedestrian sidewalk.
(i) No Parklet/Streatery accessory shall be more than eight -four (84) inches in height above the highest
point of the abutting sidewalk.
(j) If the Parklet/Streatery includes planters, the planters must be placed within the Parklet/Streatery
boundaries but must be secured to ensure that they do not move on unlevel sidewalks. No planters
with wheels are to be permitted.
(k) Tables, chairs, umbrellas, and any other items accessory to the Parklet/Streatery shall be of a quality,
design, materials, and workmanship both to ensure the safety and convenience of the users and to
be compatible with the uses in the immediate vicinity of the Parklet/Streatery.
(1) (The serving and consumption of alcoholic beverages as part of the operation of the Project shall be
permitted subject to regulations of governmental entities having jurisdiction over such activities. [If a
Streatery] )
(m) No advertising signs or business identification signs shall be permitted within the Parklet/Streatery
Area except for that signage which has been submitted to and approved by the CITY.
(n) No table, chair, or any other part of the Project may be attached, chained, or in any manner affixed
to any tree, post, or other fixture within the Parklet or Streatery Area.
(o) If found necessary for the protection of health, safety, and welfare of the public, the City Manager or
his designee may require PERMITTEE to immediately remove or relocate all parts of the tables,
chairs, umbrellas, and equipment within the Parklet/Streatery Area. If PERMITTEE fails to remove or
relocate the tables, chairs, and umbrellas as requested within a reasonable time as determined by
the City Manager, given the circumstances at hand, CITY may remove or relocate same in emergency
situations and the cost thereof shall be borne by PERMITTEE.
(p) PERMITTEE is responsible for the costs associated with removal of the Parklet/Streatery platform
and accessories.
(q) The CITY and its officers and employees shall not be responsible for Parklet/Streatery or any
components thereof relocated during emergencies.
(r) Non -amplified music may be permitted within the Parklet/Streatery Area, upon recommendation of
the Department and subject to the approval of the City Manager, or his designee, as to the hours at
which the music may be played, the volume settings, placement of speakers, and any other facet of
the projection of the music.
(s) PERMITTEE shall, at its sole cost and expense, remove the tables, chairs, and umbrellas from the
Parklet/Streatery Area at the close of PERMITTEE'S business each day.
DRAFT
Exhibit C
(t) Parklets/Streateries shall not be permitted in front of a fire hydarant, over a manhole, public utility
valve, or cover. A clearance of fifteen (15) feet shall separate Parklet/Streaterys from fire hydrants.
(u) Parklet/Streaterys shall be required to have soft -hit posts, wheel stops, and barriers on all edges of
the Parklet/Streatery platform.
(v) No Parklet/Streatery shall be designed or installed in such a manner as to result in a violation of the
City's sight triangles standards provide in the Transportation Design Criteria Manual.
6. Americans With Disabilities Act. LICENSEE shall have the continuing obligation of compliance with the
Americans With Disabilities Act, as same may be amended from time to time, with respect to the
Project as it is applicable.
7. Condition of License Area. LICENSEE accepts the License Area in an "AS IS" condition as of the
Effective Date of this Revocable License. If LICENSEE finds any conditions altered after an initial
inspection of the License Area, which have a material adverse effect on the Project, CITY shall be
notified immediately.
8. Compliance with Regulations of Public Bodies. PERMITTEE shall, at its sole cost and expense,
construct, operate, maintain, and repair the Project and perform such acts and do such things as shall
be lawfully required by any public body having jurisdiction over the License Area and Project in order
to comply with health and sanitary requirements, fire hazard requirements, zoning requirements,
building code requirements, CITY Engineering Standards, environmental requirements, and other
similar regulatory requirements.
9. No Property or Contract Right. PERMITTEE expressly acknowledges that pursuant to the terms
hereof, it gains no property or contract right to the continued maintenance of the Project or
improvements within the License Area, other than as expressly set forth in Paragraph 3. PERMITTEE
further acknowledges that the License granted herein is revocable at the will of the CITY and in the
CITY'S sole and unfettered discretion, subject to the terms and conditions hereof.
10. Emergencies. If an emergency situation arises with respect to the License Area where the License
Area or any condition thereof presents an imminent threat to the health or safety of Persons or
property, the CITY shall make reasonable efforts to provide telephone and fax or email notice to the
PERMITTEE's Contact Person. If, following that notice, PERMITTEE fails to take timely action to correct
the emergency situation, and allowing the emergency situation to continue would pose an imminent
threat to health or safety to Persons or property, CITY may undertake such limited actions as are
necessary to eliminate the emergency; and CITY shall be entitled to recover its reasonable costs of
cure from PERMITTEE in accordance with provisions hereof. For the purposes of this Paragraph,
PERMITTEE'S Contact
Person shall be ; address ; telephone number
(office) and (cell); and e-mail address:
11. In the event the PERMITTEE's Contact Person or any other information pertaining to the PERMITTEE's
Contact Person shall change, such change shall be provided to the City Manager in writing.
12. Alterations and Modifications. PERMITTEE may, at its sole cost and expense, at any time and from
time to time, make such changes, alterations, modifications, replacements, improvements, or
DRAFT
Exhibit C
additions in and to the License Area, and the structures and improvements thereon, including the
demolition of any structure or improvements that hereinafter may be situated or erected within the
License Area, provided, however, that amendments to the Site Plan and the plans and specifications
for any such change, alteration, replacement, improvement, or addition shall be approved by the City
Manager who may grant or deny approval in his sole and unfettered discretion.
13. Damage to Public Property. In the event the construction, operation, maintenance, repair, demolition,
or reconstruction of the Project or License Area or any portion(s) thereof cause(s) any damage
whatsoever to any public property, then PERMITTEE shall be responsible for the cost of repair and
shall, at City's option, make said repairs or reimburse CITY for the cost of same.
14. Removal and Restoration. Except as may otherwise be expressly provided herein, it is agreed that
upon any termination of this Revocable License, in whole or in part, or upon demand of CITY for
removal of all or any part of the Project Improvements, PERMITTEE shall remove all or any part of the
Project Improvements and any components and PERMITTEE shall restore the surface of the License
Area to the conditions that existed prior to PERMITTEE's installation of all or any of the Project
Improvements within such License Area. Such removal shall be at PERMITTEE's sole cost and expense.
In the event PERMITTEE fails to begin to remove all or any part of the Project improvements
contemplated herein with ten (10) days after written demand by the City, the CITY is hereby
authorized to remove such Project Improvements that interfere with the easement rights or the
public's use of dedicated rights-of-way and restore the License Area to the conditions that existed prior
to the PERMITTEE's construction of Project Improvements, and all reasonable costs associated with the
removal and restoration thereof shall be fully reimbursed by PERMITTEE. Notwithstanding the
foregoing, PERMITTEE shall have the obligation to immediately begin the process of removing any or
all of the Project Improvements within the respective License Area upon termination, in whole or in
part, of this License.
15. Damage and Destruction. PERMITTEE shall not, by its possession, use, occupancy, operation,
maintenance, or repair of the respective License Area, suffer or permit any damage to the License Area
or to the adjacent real property. If during the term of this Revocable License PERMITTEE becomes
aware that the Project Improvements within the License Area have been damaged, destroyed, or
deteriorated in whole or in part by fire, casualty, obsolescence, failure to maintain, or any other cause,
and whether or not such destruction or damage is covered by any insurance policy on the Project,
PERMITTEE shall give to CITY immediate notice thereof, and PERMITTEE shall:
(a) seek the necessary Permits and approvals from CITY and any other regulatory agency with
jurisdiction over the License Area, Project Improvements, or adjacent real property to repair,
replace, and rebuild the same or cause the same to be repaired, replaced, or rebuilt as nearly as
possible to their original condition; or
(b) to the extent that such destruction or damage affected the Project Improvements within the
License Area or real property adjacent thereto, or any part thereof, if PERMITTEE elects to remove
such Project Improvements, PERMITTEE shall seek the Permits and approvals, if any, required for
such removal and cause such Project Improvements to be removed from the respective License
Area and return the License Area to the condition that existed prior to the Effective Date of this
Revocable License.
I DI
Exhibit C
16. License, not Lease. It is acknowledged and stipulated by and between the parties hereto that this
Revocable License shall not be deemed a lease of the License Area by CITY but rather a license granted
to PERMITTEE by CITY for the nonexclusive possession, use, occupancy, operation, maintenance,
repair, and replacement, from time to time, of the License Area for the Project under the terms and
conditions stated herein.
17. Indemnity.
(A) PERMITTEE SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LAWSUITS, PENALTIES,
DAMAGES, SETTLEMENTS, JUDGMENTS, DECREES, COSTS, CHARGES, AND OTHER EXPENSES,
INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, OR LIABILITIES OF EVERY KIND,
NATURE, OR DEGREE ARISING OUT OF OR IN CONNECTION WITH THE RIGHTS, RESPONSIBILITIES,
AND OBLIGATIONS OF PERMITTEE UNDER THIS REVOCABLE LICENSE, CONDITIONS CONTAINED
THEREIN, THE LOCATION, CONSTRUCTION, REPAIR, MAINTENANCE, USE, OR OCCUPANCY BY
PERMITTEE OF THE LICENSE AREA OR PROJECT, OR THE BREACH OR DEFAULT BY PERMITTEE OF
ANY COVENANT OR PROVISION OF THIS REVOCABLE LICENSE EXCEPT FOR ANY OCCURRENCE
ARISING OUT OF OR RESULTING FROM THE INTENTIONAL TORTS OR GROSS NEGLIGENCE OF THE
CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES. WITHOUT LIMITING THE FOREGOING, ANY AND
ALL SUCH CLAIMS, SUITS, CAUSES OF ACTION RELATING TO PERSONAL INJURY, DEATH, DAMAGE
TO PROPERTY, DEFECTS IN CONSTRUCTION, REHABILITATION, OR RESTORATION OF ANY OF THE
LICENSE AREA BY PERMITTEE, ALLEGED INFRINGEMENT OF ANY PATENTS, TRADEMARKS,
COPYRIGHTS OR OF ANY OTHER TANGIBLE OR INTANGIBLE PERSONAL OR REAL PROPERTY RIGHT
BY PERMITTEE, OR ANY ACTUAL OR ALLEGED VIOLATION OF ANY APPLICABLE STATUTE,
ORDINANCE, ADMINISTRATIVE ORDER, RULE OR REGULATION OR DECREE OF ANY COURT BY
PERMITTEE, IS INCLUDED IN THE INDEMNITY.
(B) PERMITTEE FURTHER AGREES THAT, UPON PROPER AND TIMELY NOTICE BY CITY, HE/SHE/IT
WILL INVESTIGATE, HANDLE, RESPOND TO, PROVIDE THE DEFENSE FOR, AND DEFEND ANY SUCH
CLAIMS AT ITS SOLE EXPENSE AND AGREES TO BEAR ALL OTHER COSTS AND EXPENSES RELATED
THERETO EVEN IF THE CLAIM IS GROUNDLESS, FALSE, OR FRAUDULENT AND, IF CALLED UPON BY
THE CITY, PERMITTEE SHALL ASSUME AND DEFEND NOT ONLY ITSELF BUT ALSO THE CITY IN
CONNECTION WITH ANY CLAIMS, SUITS, OR CAUSES OF ACTION, AND ANY SUCH DEFENSE SHALL
BE AT NO COST OR EXPENSE WHATSOEVER TO CITY, PROVIDED THAT THE CITY (EXERCISABLE BY
THE CITY'S RISK MANAGER) SHALL RETAIN THE RIGHT TO SELECT COUNSEL OF ITS OWN
CHOOSING. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION, REVOCATION, OR
EXPIRATION OF THE REVOCABLE LICENSE AND SHALL COVER ANY ACTS OR OMISSIONS
OCCURRING DURING THE TERM OF THE REVOCABLE LICENSE, INCLUDING ANY PERIOD AFTER
TERMINATION, REVOCATION, OR EXPIRATION OF THE REVOCABLE LICENSE WHILE ANY
CURATIVE ACTS ARE UNDERTAKEN.
18. Insurance. At all times while this Revocable License is in effect, the PERMITTEE, at its expense, shall
keep or cause to be kept in effect the following:
(a) Commercial General Liability
(1) Limits of Liability
DRAFT
Exhibit C
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations $1,000,000.00
Personal and Advertising Injury $1,000,000.00
(2) Endorsements Required:
City of Denton listed as additional insured
Waiver of Subrogation
Contingent & Contractual Liability
Premises & Operations Liability
(b) Business Automobile Liability
(1) Limits of Liability
Bodily Injury and Property Damage
$1,000,000.00 Combined Single Limit, per Occurrence
Including Hired, Borrowed or Non -Owned Autos
(c) Workers' Compensation
Limits of liability
Statutory - State of Texas
Waiver of Subrogation
(d) Employer's Liability
(1) Limits of Liability
$100,000,000 for bodily injury cause by an accident, each accident
$100,000,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
(e) In any case where the original policy of any such insurance shall be delivered to the PERMITTEE, a
duplicate original of such policy shall thereupon be delivered to CITY. All insurance policies shall
be renewed by PERMITTEE and certificates evidencing such renewals, bearing endorsements or
accompanied by other evidence of the receipt by the respective insurance companies of the
premiums thereon, shall be delivered to CITY, at least twenty (20) days prior to their respective
expiration dates.
1•]:73aI
Exhibit C
(f) CITY does not in anyway represent that the types and amounts of insurance required hereunder
are sufficient or adequate to protect PERMITTEE's interests or liabilities but are merely minimum
requirements established by CITY's Risk Management Division. CITY reserves the right to require
any other insurance coverages that CITY deems necessary depending upon the risk of loss and
exposure to liability.
19. Requirement for Notice. PERMITTEE shall give CITY prompt written notice of any occurrences,
incidents, or accidents on, in, over, and above the License Area.
20. Notices.
(a) Except as provided in subparagraph (b) below, whenever it is provided herein that notice, demand,
request, or other communication shall or may be given to, or served upon, either of the parties by
the other, or either of the parties shall desire to give or serve upon the other any notice, demand,
request, or other communication with respect hereto or with respect to any matter set forth in
this Revocable License, each such notice, demand, request, or other communication shall be in
writing and any law or statute to the contrary notwithstanding shall not be effective for any
purpose unless the same shall be given by mailing the same by registered or certified mail, postage
prepaid, return receipt requested, addressed to the party at the address set forth below, or at such
other address or addresses and to such other person or firm as CITY or PERMITTEE may from time
to time designate by notice as herein provided.
AS TO CITY: City Manager
City of Denton
215 E Mckinney Street
Denton, TX 76201
With copy to: City Attorney
City of Denton
215 E Mckinney Street
Denton, TX 76201
AS TO PERMITTEE: Denton, TX 76201
With copy to:
(b) As to activities under Paragraph 10, Emergencies, Paragraph 5 (1) (alcoholic beverages), and
Paragraph 5 (r) (non -amplified music), notice need not be given in accordance with subparagraph
(a) above, but notice shall be sufficient if given to the contact person pursuant to Paragraph 10,
Emergencies, or, in the absence or unavailability of the contact person, then to any shift manager
of PERMITTEE's tenants within the License Area.
101:7-- 1 a
Exhibit C
21. Interpretation of Revocable License; Severability. This Revocable License shall be construed in
accordance with the laws of the State of Texas. If any provision hereof, or its application to any person
or situation, is deemed invalid or unenforceable for any reason and to any extent, the remainder of
this Revocable License, or the application of the remainder of the provisions, shall not be affected.
Rather, this Revocable License is to be enforced to the extent permitted by law. The captions,
headings, and title of this Revocable License are solely for convenience of reference and are not to
affect its interpretation. Each covenant, term, condition, obligation, or other provision of the
Revocable License is to be construed as a separate and independent covenant of the party who is
bound by or who undertakes it, and each is independent of any other provision of this License, unless
otherwise expressly provided. All terms and words used in this Revocable License, regardless of the
number or gender in which they are used, are deemed to include any other number and other gender,
as the context requires.
22. Successors. This Revocable License may not be assigned by the PERMITEE without the prior written
consent of the CITY. This Revocable License shall be binding on and inure to the benefit of the parties,
their successors, and assigns.
23. No Third -Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or
confer any rights or obligations in or upon any third person or entity under this Revocable License.
None of the parties intend to directly or substantially benefit a third party by this Revocable License.
The parties agree that there are no third -party beneficiaries to this Revocable License and that no third
party shall be entitled to assert a claim against any of the parties based on this Revocable License.
Nothing herein shall be construed as consent by any agency or political subdivision of the State of
Texas to be sued by third parties in any manner arising out of any contract.
24. Termination. In the event PERMITEE fails to comply with the provisions of this License, the Parklets
and Streateries Manual, and/or Ordinance 20-_, the CITY may cancel this Revocable License during
the term hereof upon twenty-four (24) hours written notice to PERMITEE of its desire to terminate this
Revocable License.
25. Waiver. The parties agree that each requirement, duty, and obligation set forth herein is substantial
and important to the formation of this License and, therefore, is a material term hereof. Any party's
failure to enforce any provision of this License shall not be deemed a waiver of such provision or
modification of this License. A waiver of any breach of a provision of this License shall not be deemed
a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this
License.
26. Governing Law. This Revocable License shall be interpreted and construed in accordance with and
governed by the laws of the State of Texas. Any controversies or legal problems arising out of this
Revocable License and any action involving the enforcement or interpretation of any rights hereunder,
shall be brought exclusively in the state courts of applicable jurisdiction in Denton County, Texas.
Venue for litigation arising out of this Revocable License shall be exclusively in Denton County, Texas,
forsaking any other jurisdiction which either party may claim by virtue of its residency or other
jurisdictional device.
27. Force Majeure. Neither party shall be obligated to perform any duty, requirement, or obligation under
this Revocable License if such performance is prevented by fire, hurricane, earthquake, explosion,
wars, sabotage, accident, flood, acts of God, strikes or other labor disputes, riot or civil commotions, or
DRAFT
Exhibit C
by reason of any other matter or condition beyond the control of either party, and which cannot be
overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a
lack of funds alone on the part of PERMITTEE be deemed Force Majeure.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written
above.
PERMITTEE:
[Typed Name]
Signature