22-113ORDINANCE NO. 22-113
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOALLOW THE MOUNTAIN BIKE TRAIL RENTAL AGREEMENT TO BE USED AS ANAGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATIONDEPARTMENT AND POTENTLAL PARK RENTAL GROUPS FOR MOUNTAIN BIKE
EVENTS IN THE PARKS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) recognizes groups may wish to use park andathletic facilities to host mountain bike trail events; and
WHEREAS, unauthorized usage of City of Denton parks and athletic fields is detrimental
to the preservation and orderly utilization of said facilities; and
WHEREAS, reservation of City of Denton parks and athletic fields is administered by the
City of Denton Parks and Recreation Department to ensure compliance with adopted facility
regulations and policies; and
WHEREAS, the Mountain Bike Trail Rental Agreement outlines the process, policies, and
procedures for City of Denton parks and athletics facilities; and
WHERAS, the Mountain Bike Trail Rental Agreement will be effective from the time of
execution until December 3 1, 2022, at which point a new annual agreement will be signed by the
City Manager or the designee; and
WHEREAS, the City of Denton City Council finds that it is the public best interest toapprove the Cross Country Park Rental Agreement; NOW, THEREFORE;
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton City Council finds that the recitations contained in the
preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in
the body of this ordinance.
SECTION 2. The City Manager, or designee, is further authorized to execute on behalf of
the City the Cross Country Park Rental Agreement, a copy of which is attached hereto as Exhibit
“A“ and made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordInance was made byseconded by Br,'n ’B<ck ‘
by the following vote [I - A :
DIf 'N~ r\by,ir' ,„d_; the ordinance was passed and approved
Aye
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
day of 2022
GERARDrmrEN
La StIll IIII
PASSED AND APPROVED this the J “CL.,h.,/
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
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Parks and Rec
321 E. McKinney St., Denton, TX 76201 • (940) 349-7218nEO
DENTON PARKS AND RECREATIONMOUNTAIN BIKE TRAIL RENTAL AGREEMENT
2022
This Mountain Bike Trail Rental Agreement, herein called “Agreement,” is made between the park user, herein called
“Renter”, and the City of Denton, as administered through the Parks and Recreation Department, herein called “DPARD.”
This Agreement outlines the required procedure to rent the mountain bike trail for an event. The Athletics Manager, or
designee, must approve any deviation from this procedure.
All Renters will abide by the guidelines listed in this Agreement. DPARD reserves the right to deny use of athletic
facilities to any Renter which deviates in any way, shape, or form from the guidelines listed (as a result, the Renter will
forfeit any rights and/or money paid).
Availability
Mountain Bike races will not be reserved on dates that conflict with existing rentals, programs operated by DPARD,
Denton Youth Sports Associations (DYSA), or on City of Denton holidays, unless authorized by the Athletics Manager.
Rental Procedure
Reservations are not confirmed until a signed Agreement and deposit(s) have been received, and a reservation
confirmation has been given to the Renter. All fees must be paid online, or to the DPARD office during normal operating
hours, which are Monday – Friday from 8 a.m. to 5 p.m. at the Denton Civic Center, 321 E. McKinney Street, Denton, TX
76201. The office may be reached via telephone at (940) 349-PARK. Payments will be accepted in the form of check,
cash, money order, MasterCard, Visa, or Discover Card. Send all emails to jason.barrow@cityofdenton.com.
1. Email mountain bike race request.
Mountain Bike race requests may be emailed beginning January 15 for the upcoming year. All emails must
include the park name, date(s), and time(s) of requested usage.
2. Submit completed Mountain Bike Trail Rental Agreement at the time of booking.
Once your date has been confirmed available, scan and email the completed Agreement, or drop it off at theDenton Civic Center.
3. Submit payment for the $200 deposit at the time of booking.
Each meet requires a $200 reservation deposit, which will be processed and kept through the event/meet.
Deposits may be refunded according to the provisions below.
a.There will be a $100 cancelation fee kept from the deposit if a meet is canceled less than seven days prior
to the event, unless the cancelation is weather related. Any cleaning and/or repair of park property will be
kept from the deposit at a rate of $38 per labor hour, i.e. trash left in park, vehicle ruts found on park
grounds, etc. If the reservation runs over the specified end time, $75 per hour will be kept from the
deposit
b.Deposits will be returned in full after the event, unless there is a violation of the Agreement, or as noted
above. If the original deposit was paid by credit card, the Renter will receive a call from the Parks staff
within 7 days to process the refund back to the original card used for said deposit. City Holidays or days
when the City is not fully operating do not count as “business days” for purpose of this section. If the
original deposit was paid by cash, check, of money order, a refund check will be mailed within 30 days
from the date of cancellation when applicable.
4. Submit the race schedule, and estimated attendance, by email no later than one month prior to the meet.
Email the race schedule, including the arrival time for set-up, start times for all events in the race, and estimated
end time, including time for clean-up of race area. Email the estimated attendance for the race.
5. Submit the course map by email no later than one month prior to the meet.
Email a copy of the course map(s) and state how you will mark the course, i.e. turf paint, flags, etc. The course
map and marking method must be approved by the DPARD.
6.Submit insurance for your meet no later than two weeks prior to the meet.
a. Proof of insurance is required for all mountain bike events. During the performance of the Agreement, the
Renter shall maintain the following insurance with an insurance company licensed to do business in the
State of Texas by the Texas Department of Insurance, or any successor agency, and must have an AM
Best rating of at least A-. Comprehensive General Liability Insurance with bodily injury limits of not less
than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property
damage limits of not less than $250,000 for each occurrence and not less than $500,000 in the aggregate.
b The Renter shall furnish insurance certificates or insurance policies at DPARD’s request to evidence such
coverages. The insurance policies shall name the City of Denton as an additional insured on all such
policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty(30) day written notice to DPARD and the Renter. In such event, the Renter shall, prior to the effective
date of the change or cancelation, serve substitute policies furnishing the same coverage.
7.Submit payment for the Park Rental, Mountain Bike Race Fees no later than two weeks prior to the meet.
a. The Park Rental rate is $75 per hour. A nonresident fee of $5 per reservation will be applied to each
reservation for nomesidents of the City of Denton. The rental time must include set-up and clean-up for
the day of the meet. There will be no charge for utilizing the park to set-up the course the day before, as
long as it does not impede public use, other rentals, and/or DPARD and DYSA programs.
b. The Mountain Bike Race Fee is $150 per day. The fee is separate and apart from the Park Rental fee.
This fee covers access to restrooms, access to water, access to park trail (if requested), litter pick-up, and
additional maintenance and preparation of the park grounds, as needed for the meet, at the discretion ofParks Maintenance.
Refunds
Refunds are given only when the park is unusable due to inclement weather, or any other maintenance related issue which
prevents the Renter from using the park. The deadline for requesting a refund is five business days after the scheduled rental
date, and must be in writing. If the original payment was paid by credit card, the Renter will receive a call from the Parks
staff within 7 days to process the refund back to the original card used for said deposit. City Holidays or days when the City
is not fully operating do not count as “business days” for purpose of this section. If the original payment was paid by cash,
check, of money order, a refund check will be mailed within 30 days from the date of cancellation when applicable. A new
reservation may be issued in place of a refund to those Renters choosing another available date.
Renter Requirements and Responsibilities
1. On-site bus parking is NOT allowed. Buses may drop off participants, but may not stay and park in any of the
City of Denton parking lots. You must make arrangements to park the buses off-site, or have them leave and
return for pick-up.
2. Road closures, traffic flow changes, parking lot flow changes, etc. are not permitted unless permission has been
granted by the DPARD.
3. Motorized vehicles are NOT allowed on park grounds. Motorized vehicles must remain in paved areas. The only
exception to this rule is small utility terrain vehicles (UTV), such as a “Gator” or “Mule”, may be used to assist
with course set-up/clean-up and race day operations. UTV’s should remain in the course area.
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4. On-site Race Director: All Renters must have an on-site Race Director to handle any issue that may arise duringthe race and must provide DPARD the Race Director’s name and contact information, as indicated below!
providing both office and how said Director may be contacted during the race if methods differ.
5.Extra restrooms must be provided by the Renter. If Renter’s meet will have more than 100 persons in attendance
(including participants and spectators). Renter must pay for, and coordinate delivery and pick-up ofporta-potties
for its meet. Porta-potties must be picked up no later than 1 business day following the meet. Please note that park
restrooms are generally closed for freeze protection from November 15 – March 15 each year. If Renter’s meet is
held during this time, Renter may be responsible for providing porta-potties at the discretion of DPARD. Porta-potties may only be placed in paved areas.
6. No Alcohol. All Renters will be responsible for ensuring that no alcohol is consumed or possessed in the park
areas, including parking lots. It is a violation of the City of Denton Code of Ordinances Sec. 22-32, which states:
It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: 1 )
City Park, 2) Public improvement located within a City park, or 3) Vehicle parking area of any City park.
7. Smoking: it is not permitted to smoke or possess a lit tobacco, or other plant, product, or to smoke electronic
cigarettes (e-cigarette) except in designated areas. The designated smoking area is the parking lot, unless
otherwise noted by a specific “designated smoking area” sign.
8. No Glass. Glass containers are not permitted in any park areas and the Renter is responsible for ensuring that any
glass seen is disposed of immediately.
9. Overnight parking is NOT allowed. Overnight camping and overnight parking of any vehicle is NOT allowed in
City parks or parking lots of City buildings. Park hours are from 6 a.m. to 10 p.m., and parking outside of these
hours is prohibited.
10. Renters must follow all City of Denton ordinances when conducting the rental and report any Ordinance
violations to the police at (940) 349-8181. Failure to report these violations could result in the forfeiture of park
use rights.
11. Contact Building Inspections at (940) 349-8360 to secure a Fire Code Permit (by inspection) if a tent or canopylarger than 400 square feet will be used. A fire extinguisher is required for these tents.
12. Prior to placing anything in the ground (stakes, t-posts, etc.) the Renter must get approval from DPARD and call
811, or visit www.texas81 1.org, to schedule a dig survey.
Concessions, Sale of Goods, and Gate Fees
1 Vendor Permits: if the Renter intends to charge gate fees, raise funds, and/or sell food or merchandise,
authorization by DPARD must be obtained, and a vendor permit purchased and signed, two business days prior to
the rental. Permits may be purchased by contacting Jason Barrow at jason.barrow@cityofdenton.com. Vendor
permit fees are $15 per day for non-profit organizations, or $25 per day for profit, and must be displayed at the
point of sale.
If the vendor will be selling food, a health permit must be obtained by the vendor from the Building Inspections
Department, by calling (940) 349-8360. Vendor permits will not be sold without first showing a valid health
permit (if applicable.) All permits must be displayed at the point of sale. The Renter will be held responsible for
any vendor on site that does not have the proper paperwork, and is subject to City of Denton fines for not having
proper documentation.
2. Gate fees: if the Renter intends to charge a gate fee, DPARD shall receive 25 percent (25%) of the collected fees.
Payment shall be made within seven days after the completion of the rental. The Renter shall keep separate
records concerning the collection of any gate fees and the City shall have the right to inspect and audit those
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records to confirm compliance with this provision.
3. Concessions: Renters may set up their own concession stand(s) as long as vendor permits and health permits (if
required) are purchased. Renters will not be allowed access to DPARD’s permanent concession stands. All
concession stand set-ups must be approved by DPARD.
Cancelation of Mountain Bike Trail Rental Agreement
DPARD reserves the right to cancel any field reservation at any time
A. The Mountain Bike Trail Rental Agreement can be revoked by DPARD for noncompliance of any portion of
the agreement and / or for non-compliance with applicable federal, state, or local laws. Refunds will not be issued
for revocations and cancellations due to non-compliance and violations of the agreement or applicable laws.
B. A reservation can be cancelled at any time if the cancellation is in the best interest of the City of Denton due to
the following conditions including but not limited to:
1. Adverse health and safety conditions.
2. Security threats.
3 . Severe weather conditions.
4. Work, repair, preservation any portion of the complex and / or facility.
5. Prioritization of and / or conflict with another activity, program, or event.
In the event of a cancellation under Section B, fees will be refunded.
RENTER INFORMATION
Renter Name:
Email :Phone#:
Address :City:Zip :
Date of meet(s) :Park requested:
Event start time:Event end time:
On-site Meet Director during event (if different than the renter):
Name:Email :Phone#:
AGREEMENT APPROVAL
As additional consideration for permission to use the city facilities referenced in this Agreement, Renter hereby releases,
acquits, and forever discharges and agrees to defend and hold harmless, at its cost and expense, the City of Denton, its
elected and appointed officials, officers, employees, and agents from any and all liability, harm, claims, causes of action,lawsuits, costs, fees, expenses, or penalties arising out of any third party claim, suit, or proceeding related to or arising out
of any and all injuries, including death, damages, or loss arising out of the usage of the said facilities. Renter’s signature
below constitutes my acceptance of and Agreement with all of the provisions, terms, and conditions set forth in this
Agreement,
*This Agreement is valid through December 2022, however rates are subject to change in October of each year, as
new fees can be set by City Council.
Renter’s Signature:Date:
DPARD Representative’s Signature:Date:
(OffIce Use Only – Reservation number(s)