CM-2017-1452 - 7/28/2017CITY OF ROUND ROCK
MULTI-PURPOSE SPORTS COMPLEX
LICENSE AGREEMENT
By execution of this License Agreement by FCBEscola Texas, referred to herein as
"Licensee," Licensee in consideration for being allowed to use a portion of the City of Round
Rock Multi -Purpose Sports Complex ("Multi -Purpose Sports Complex") owned by the City of
Round Rock, Texas (the "City"), agrees that the following terms, conditions and obligations
apply to such use.
1.01 LICENSED PREMISES.
Subject to the terms and conditions of this License Agreement, Licensee shall be
permitted to use and occupy a portion of the Multi -Purpose Sports Complex described in Exhibit
"A", attached hereto and incorporated herein for all purposes (the "Premises"), on the dates and
at the times as indicated in Exhibit "A" (the "Use Period") for the License Fee stated below for
the following express purposes and no other purpose: Soccer Practice and Training (the "Use").
The Premises may include lighted fields, common use public areas, and restrooms necessary to
accommodate patrons, as may be reasonably required for use of the Premises for the Event, as
determined by the Sports Management & Tourism Department designee (the "SM & TD
designee"). Space within the Premises may be reassigned with the mutual consent of the
Licensee and the SM & TD designee. Licensee agrees that it is accepting the Premises in their
existing condition, as -is, and with all faults.
2.01 LICENSE FEE; PAYMENT; CANCELLATION
A. License Fee. Licensee shall pay the City for the use of the Premises the amount of
$35 per hour (the "License Fee") for the Use Period, totaling the amount listed on the
invoice(s) {"Licensee Fee Amount"). The License Fee Amount shall be paid to the
City as directed by SM & TD designee. Under no circumstances shall Licensee
sublet the Premises during the Use Period.
B. Payment. Unless the SM & TD designee agrees in writing to some other schedule of
payment, the License Fee Amount shall be paid as follows:
(a) $250 non-refundable deposit on the date the License Agreement is fully executed
by both the Licensee and the City.
(b) Remaining License Fee Amount paid monthly, thirty (30) days before the initial
portion of the Event Period (e.g. payment for all rentals in June is due on the last
business day of May).
C. Cancellation. In the event that only a portion of the Use Period is cancelled, all
refunds under this section shall be prorated. In the event of cancellation by Licensee,
the License Fee Amount actually paid shall be refunded as follows:
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(a) 100% refund less $50 administrative fee if cancelled more than thirty (30) days
prior to the Use Period, or cancelled portion thereof.
(b) 50% refund if cancelled between thirty (30) and fifteen (15) days prior to the
cancelled Use Period, or cancelled portion thereof.
(c) No refund if cancelled less than fifteen (15) days prior to the Use Period, or
cancelled portion thereof.
The City reserves the right to cancel the Licensee's right to use the Premises with or
without cause. This shall include weather conditions, scheduling conflicts, and/or field
conditions. In the event of cancellation by the City without cause, the License Fee Amount
actually paid by Licensee shall be returned to Licensee. If the City cancels Licensee's right to
use the Premises due to default by Licensee, the City shall retain all License Fees paid as
liquidated damages.
3.01 DAMAGED PROPERTY AND CLEANUP
Licensee shall pay all costs to repair any and all damages to the Premises or other City
property during the Use Period. Licensee shall be barred from entering into any subsequent
agreement for use of the Premises, or any other City facility, unless and until Licensee has paid
the City in full for any damages or non -routine cleaning costs.
4.01 INDEMNITY
Licensee shall defend (at the option of City), indemnify, and hold City harmless, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
claims, and costs arising out of, concerning, or resulting from Licensee's use of the Premises.
5.01 MATTERS NOT COVERED
Any decision concerning a matter not specifically covered by this License Agreement
shall rest solely within the reasonable discretion of the SM & TD designee, acting by and on
behalf of the City. Licensee expressly agrees to be bound by any rules and regulations adopted
by the City pertaining to the Multi -Purpose Field Complex, whether adopted before or after the
execution of this License Agreement.
6.01 RELATIONSHIP
Licensee is not an employee of the City. Licensee's employees or subcontractors are not
the City's employees. This Agreement does not create a partnership, employer-employee, a joint
venture relationship, or a landlord -tenant agreement. No party has the authority to enter into
contracts as agent for the other party.
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7.01 MATTERS NOT COVERED
Any decision concerning a matter not specifically covered by this License Agreement
shall rest solely within the reasonable discretion of the GM, acting by and on behalf of the City.
Licensee expressly agrees to be bound by any rules and regulations adopted by the City
pertaining to the Multi -Purpose Sports Complex, whether adopted before or after the execution
of this License Agreement. The License Agreement shall be enforceable in Round Rock, Texas,
and if legal action is necessary by either party with respect to the enforcement of any or all of the
terms and conditions herein, exclusive venue shall lie within Williamson County, Texas.
8.01 WARRANTY OF AUTHORITY
Licensee warrants and represents that the person signing this License Agreement on its
behalf has been duly authorized and empowered to do so, that it has taken all action necessary to
approve this License Agreement, and that the terms and conditions set forth in this License
Agreement are lawful and binding obligations of Licensee.
IN WITNESS WHEREOF, the parties have executed this Liccnsc Agreement on the dates
indicated.
LICENSEE:
Entity Name: 1 0 L
By:
Printed ame and Title: PEOV 5 ALP lr o f CIE AAWME 1�
Date Signed: o L'i Z 01-7
CITY ROUND ROCK
By: WidiAY10
aurie�Ha ley, City Manager
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Date: �L /1
City of Round Rock
ROUND ROCK Agenda Item Summary
rEi:A
Agenda Number:
Title: Consider authorizing a Terms of Use/Rental Agreement with FCBEscola
Texas for use of the Round Rock Multipurpose Fields.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/28/2017
Dept Director: Chad McKenzie
Cost: $0.00
Indexes:
Attachments: LAF, Rental Agreement
Department: Sports Management and Tourism
Text of Legislative File CM -2017-1452
Consider authorizing a Terms of Use/Rental Agreement with FCBEscola Texas for use
of the Round Rock Multipurpose Fields.
FCBEscola Texas will rent the soccer fields at the Round Rock Multipurpose Complex
for soccer practice and training.
Cost. There is no cost to the City of Round Rock for this agreement.
Source of Funds: There is no cost to the City of Round Rock for this agreement.
City o/ Round Rock Page 1 Printed on 7127/1017