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CM-2014-535 - 9/22/2014City of Round Rock TEXAS ROCK Agenda Item Summary Agenda Number: Title: Consider authorizing a Special Events Venue Contract with Lone Oak Barn, LLC for the employee recognition dinner. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/19/2014 Dept Director: Steve Norwood, City Manager Cost: $1,000.00 Indexes: General Fund Attachments: doc02017720140918101154.pdf Department: Administration Text of Legislative File CM -2014-535 CBy of Round Rock Page 1 Pnnfed on 9`18/1010 CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Administration Project Name: Special Events venue Contract Project MgrlResource: Monique Adams Com2ctorNendor: Lone Oak Barn, LLC City Manager Approval CMA Wording Consider authorizing a Special Events Venue Contract with Lone Oak Barn, LLC for the employee recognition dinner. Approval Employee EE Bowden �� Date September 15, 2014 LONE OAK BARN LLC SPECIAL EVENTS VENUE CONTRACT This Agreement is made effective as of September 12 , 2014, by and between LONE OAK BARN, LLC ("LO") and the City of Round Rock ("Clients"). CLIENTS represent that they desire to hold a special event (the 'EVENT") on October 28 2014 at Lone Oak Barn venue (the "premises"). CLIENTS understand and acknowledge that the occupancy of the premises is expressly limited to 250 people, inclusive of all guests, participants and children, but exclusive of service providers, unless LO agrees in writing to a greater number of people. In addition to CLIENTS, the Responsible Parties agree to the terms and conditions of this Agreement. Therefore, the parties agree as follows: 1) VENUE RENTAL FEE(S): The VENUE RENTAL FEES for the Event are $ 1000.00 , of which, full payment shall be made upon the execution of this Agreement. Seven (7) days after the signing of this Agreement, this payment shall be a nonrefundable DEPOSIT. This payment shall hold the venue for specified date of the EVENT. Payments may be made in cash or check. Checks payable to "Lone Oak Barn, LLC" Included in the VENUE RENTAL FEES are the following: (i) a cleaning fee; (ii) on-site supervisory staff and (iii) use of Lone Oak Barn, including 31 round tables(60") and 250 chairs (iv) set up of specified number of tables and chairs Client is responsible to stack chairs and fold up tables at the end of the event. Grand Hall is not climate controlled. Heaters are available for additional fee. 2)n DATE CHANGES: If within 30 days after the date of this Agreement, CLIENTS elect to change the date of the EVENT, every effort will be made by LO to transfer reservations to allow the EVENT to occur on the new date, subject to prior bookings and the new date's Venue Rental Fees shall apply. After this 30 day period, if CLIENTS elect to change the date of the EVENT, a separate transfer fee equal to Y, of the Venue Rental Fee (based upon the new date) will be due and payable prior to confirmation by LO of the date change. CLIENTS further understand that last minute changes can impact the quality of the EVENT and that LO is not responsible for these compromises in quality. Page 1 of 7 CM - aol�l - 535 CANCELLATIONS: In the event of a cancellation of the EVENT, all payments made prior to the date of the cancellation are non-refundable and all remaining outstanding payments will be due immediately as liquidated damages. 4) WAIVER AND INDEMNIFICATION: The premise is accepted "as is" and by execution of this Agreement, CLIENTS shall be deemed to have accepted the premises as being in acceptable order, condition and repair. LO makes nowarranty regarding the suitability of the premises for CLIENTS' intended use. CLIENTS shall leave the premises in the same or similar condition as when CLIENTS entered. CLIENTS shall be responsible for any damage caused to the premises by CLIENTS or their guests, invitees, employees, independent contractors, or other agents, and CLIENTSshall be required to arrangeforsuch repair. LO shall be entitled to arrange for any necessary repairs at CLIENTS' expense. CLIENTS shall reimburse LO for any such repairs within 30 days of receipt of LO's written request for reimbursement, which request shall be accompanied by written verification of the amount of the expenses incurred. LO does not assume or accept responsibility for any damage to, or loss of, any merchandise or articles left at the premises prior to, during, or following the EVENT. LO and CLIENTS agreethat not all buildings and grounds of the premises are accessible to disabled persons, and that LO shall bear no responsibility for ensuring that its buildings and areas are accessible to disabled persons. CLIENTS (or their representative) agree to inspect the premises prior to or within 72 hours of signing this Agreement to ensure suitability of the premises for the EVENT and the anticipated guests or supporting equipment. CLIENTS shall indemnify, defend, and hold LO, its officers, directors, employees, agents and contractors, harmless from and against any and all damages, losses, claims, judgments and costs (including attorney fees), unless caused solely by negligence or misconduct by LO's officers, directors, employees, agents or contractors, arising from (a) CLIENTS' use of the premises, (b) from CLIENTS' activities at the premises, (c) from anything done, permitted or suffered by CLIENTS or their guests, contractors or agents at the premises, or (d) from CLIENTS' failure to observe or perform any agreement or promise under this Agreement. LO's maximum liability underthis Agreement shall be the refund of sums paid to LO. Aug ay-11100LTA9HI This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. Page 2 of 7 6) AMEN DM ENT AND ASSIGN M ENT This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. Neither party may assign or transfer their respective rights or obligations under this Agreement without prior written consent from the other party. 7) SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable, if a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 8) WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 9) APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Texas and venue shall be Williamson County, Texas. 10) FACSIMILE AND COUNTERPARTS: This Agreement may be signed in any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An (i) electronic transmission, email or other facsimile of this document or any related document and (ii) electronically generated signature on this document or any related document, shall be deemed an original. 11) RULES AND REGULATIONS: The following is a list of rules and regulations to be upheld by CLIENTS, which includes all VENDORS who are involved in the planning and execution of the EVENT on the premises of LO and CLIENTS' guests, invitees and agents. CLIENTS agree to be bound by the following Rules and Regulations: a) Barbecues/Grills/Propane Heaters: If the use of a gas grill, outdoor charcoal or mesquite grill, or propane heaters is requested, the location and supervision shall be determined by LO and their use is subject to possible burn bans by Williamson County, Texas. Page 3 of 7 b) Candles and Open Flames: Candles and/or open flames must be contained and protected at all times. All fire/flame related items are subject to possible burn bans by Williamson County, Texas. Use of Premises, EVENT Time and Set Up/Removal The premises will be available for a consecutive twelve (12) hour block of time commencing no earlier than 7AM and ending no later than 1AM. During the block of time, those hours include set up/decorating time, the EVENT time and the breakdown time. A charge of $200.00 per hour or any part thereof will be assessed for use of the premises in excess of the 12 hours. Children less than 12 years of age are not permitted on the premises during setup/decorating without the prior approval of LO. All property and equipment belonging to the CLIENT and/or their invitees, guests, agents, vendors and contractors shall be delivered, set up and removed on the day of the EVENT. All garbage and trash must be bagged and removed from the LO property by the CLIENT and/or their Vendors at the end of the EVENT. We recommend that you request your caterer to handle the trash removal. Notwithstanding anything contained in this Agreement, all EVENTS occurring on Fridays and Saturdays must end by 11:00 PM, and all EVENTS occurring on any other day of the week must end by 9:00 PM. Some exceptions will be made, when music or the use of microphones are not part of the event and this must be approved, in advance, by the staff at LO. d) Decorations: All decorations must be approved by LO 30 days prior to the EVENT. All decorations must be removed (without leaving damage to the premises) directly following the departure of the last guest. NOTE: No adhesive materials, nails or staples are allowed on LO property, unless approved by LO. "Command" products are allowed. NOTE: The use of confetti, rice, balloons, glitter, fog machines, sparklers and blowing bubbles is not permitted without the prior permission of LO. Pyrotechnics are strictly prohibited. e) Insurance CLIENTS shall maintain Liability and Property Damage Insurance, including Host Liquor liability, in an amount not less than $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. Such insurance shall name Lone Oak Barn, Inc. as additional insured, and a certificate of insurance with an endorsement must be provided 30 days prior to the EVENT. Page 4 of 7 Liquor/ Beverages/ Illegal Substances Alcohol may not be served to, or consumed by, minors. At any time, if LO deems alcohol consumption to be excessive or given to minors, LO has the authority to close down all alcohol service and/or evict from the premises any inebriated guests and minors who consumed alcohol. No alcohol may be consumed in the parking area. No alcohol may be brought onto the premises other than that served by TABC certified bartenders. If LO determines that illegal substances are being used, LO has the authority to close down the EVENT immediately. g) Logistical Plans LO staff must review and approve all proposals for the use of the premises a minimum of 30 days prior to the EVENT. Music There are sound restrictions. Music (both live and recorded) is allowed. The music must be contained at an acceptable sound level so as not to disturb the local surrounding area. Any complaints from neighbors or other parties may require sound levels to be reduced. All music, with the exception of light background music, must end 30 minutes prior to the planned end of the EVENT, but not later than 10:30 PM on Friday and Saturday and 9:00 PM on all other days of the week. Bands and DJs are restricted to inside the Barn walls. if Security Security will be present for all EVENTS where alcohol is served or at the sole discretion of L0. Cost of the service will be added to the VENUE RENTAL FEE at a rate of $50.00/Hour per Officer. There will be a minimum requirement of one (1) Security Officer per 150 people in attendance for the CLIENT'S event. j) Garbage and Trash Removal The CLIENT is solely responsible for any and all trash or garbage collection and removal from the premise following the CLIENT'S event. LO will not provide dumpster(s) or any type of trash or garbage receptacles, collection, pick up or disposal. Please consider hiring the caterer to handle the trash removal. k) Smoking The premise is a non-smoking venue except in areas designated by L0. 1) Parking Parking at the premise is limited to the gravel parking area north of the Barn. The circle drive in front of the Barn is for drop offs only. Page 5 of 7 m) Animals Animals are not allowed on the premises unless they are service dogs for the physically impaired. n) Planner/Coordinator LO requires that CLIENTS designate an event planner/coordinator (the "Coordinator") no later than 60 days prior to the EVENT and CLIENTS must provide to L0, the name of the Coordinator and the Coordinator's contact information. Additionally, the Coordinator must schedule a site visit to LO no later than 30 days prior to the EVENT. o) Vendors LO recommends that all service providers be selected from LO's list of preferred vendors. These vendors have demonstrated superior professionalism and service contributing to the development of a successful business reputation and relationship with L0. All vendors selected by CLIENTS must be submitted to LO. If CLIENTS select any vendors that are not on LO's list, LO reserves the right to approve any such vendor, such approval will not be unreasonably withheld. All bartenders must be TABC certified. All caterers must be licensed and insured and offer full service to the client. P) Conduct CLIENTS shall be responsible for the conduct and actions of their guests, contractors and agents, including any children that attend the EVENT. Because portions of the premises consist of land with hidden hazards, including but not limited to dangers such as a pond, a creek, cliffs, rocks, holes, brush, water features, harmful plants, snakes and other wild animals, and other risks that may be dangerous, that can injure or cause death, CLIENTS shall insure that all children are properly supervised and monitored at all times. LO reserves the right to evict from the premises any person (including any child and his/her guardian/parent) if they are deemed by LO to be a danger to themselves or to others. Hunting and Fishing is strictly prohibited on the premises and there is no trespassing onto the adjoining pastures and residences included on the property. All gates must remain closed at all times. Page 6 of 7 On or before October 1 M4 , the Client hereby agrees to submit the following to Lone Oak Barn LLC: • Any outstanding balance of the LO VENUE RENTAL FEE. • DPS Officer Reimbursement (If Applicable). • Client's Insurance Certificate. • Coordinator Contact Information. • Client's Vendor List. • Fee for heaters (if applicable). SIGNATUREIS) CLI i. (Signature) (Signature: Name (Printed): iJteve Morwari Name Address: ,9r91 E. Mp,.m Address: `�ka'A a`RrsJ_t luo� Tel: I5i2)_.1i —540I Tel: Email: SYyoYwaY) 0 rca, ndreLiVXGS-(Pi Email: ]USA Lone Oak Barn, L.L.C. By: Sheui Ada Date: September 12, 2014 Page 7 of 7