File #: O-441-23    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 8/1/2023 In control: Economic Development Department
On agenda: 8/15/2023 Final action: 10/10/2023
Title: Authorizing the Mayor to enter into a License Agreement with the HBC Management, LLC for city-owned property known as Promenade Park, 224 Water Street, Toledo, Ohio; authorizing the receipt, deposit and expenditure of license revenue; making findings with respect thereto; and declaring an emergency.
Attachments: 1. Exhibit A, 2. Exhibit B, 3. Exhibit C, 4. Exhibit D, 5. Video: City Council 9/12/2023

Label

Economic Development

Promenade Park License Agreement

Brandon Sehlhorst (x1692)

 

Title

Authorizing the Mayor to enter into a License Agreement with the HBC Management, LLC for city-owned property known as Promenade Park, 224 Water Street, Toledo, Ohio; authorizing the receipt, deposit and expenditure of license revenue; making findings with respect thereto; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

This ordinance authorizes the Mayor to enter into a license agreement with HBC Management, LLC for city-owned property commonly known as Promenade Park. The License shall have a term of one (1) year at a rate of Ten Dollars and 00/100 ($10.00) per year with two (2) one (1) year extension options subject to mutual agreement of the City and HBC Management, LLC.

 

The agreement allows HBC Management, LLC to utilize Promenade Park for the purpose of arranging and sponsoring ticketed concerts and related entertainment events that are open to the general public.

 

The license agreement outlines the terms and conditions under which the Licensee can use the site, the responsibilities and commitments of both parties, and the specific rules and regulations that must be followed during the events. By entering into this agreement, the City aims to support entertainment events within the downtown area and promote the use and enjoyment of Promenade Park by citizens and visitors.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1. That the Mayor is authorized to enter into a License Agreement with HBC Management, LLC, for the property known as Promenade Park as identified in Exhibit “A”.

 

                     SECTION 2.  That the License shall have a term of one (1) year at a rate of Ten Dollars and 00/100 ($10.00) per year with two (2) one (1) year extension options subject to mutual agreement of the City and HBC Management, LLC. A copy of the License Agreement is in substantial final form and is attached to this Ordinance in Exhibit “B”.

 

                     SECTION 3. That the License shall contain other terms and conditions being necessary and proper by the Mayor, Director of Law, Director of Parks and Youth Services, and Director of Economic Development.

 

                     SECTION 4.  It is found and determined that all formal actions of City Council concerning and relating to the passage of this ordinance were adopted in an open meeting of Council, that all deliberations of Council and any of its committees that result in such formal action or in meetings open to the public and in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

 

                     SECTION 5.  That the Director of Finance is authorized to receive and deposit revenues into the General Fund account code 1001-16400-5000436STDSTD

 

                     SECTION 6.  That this ordinance is declared to be an emergency measure and shall take effect and be enforced immediately from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public health and safety and for the further purpose of coordinating and scheduling a concert series for the upcoming season.

 

Vote on emergency clause:  yeas 12, nays 0.

 

Passed:  October 10, 2023, as an emergency measure:  yeas 7, nays 5.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               October 10, 2023

Wade Kapszukiewicz

Mayor