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CM-2017-1499 - 10/11/2017 tMdRdVE The Grove Contract for Services This Contract is made effective as of August 24,„2017 by and between THE GROVE OPERATIONS(The Grove) and City of Round Rock (Client). 1. The total of the rental fee, deposits, and other services for this event is $1,400.00 J` .Q. 2. An initial payment of $0.00 �.750.00 is required with this contract to reserve the event date and due within seven (7) days of the execution of this Contract. Cash and checks are acceptable forms of payment. Checks must be made payable to The Grove. Initial payment on venue rental is non-refundable except in the event the premises is rendered unsuitable for the scheduled event by calamity or other"Acts of God,” in which case Client shall have as its sole remedy be entitled to a refund of the initial payment and other payments remitted to The Grove. 3. Client shall tender the balance due for all services on or before 5:OOPM on September 19, 2017 which is 30 days before the event date. If Client fails to timely tender this payment and late fees are not paid and accepted in accordance with Section 4, then (a) Client shall be in breach of this Contract, (b) this Contract will be terminated, (c) Client shall surrender its right to possess the premises on the event date, and (d) The Grove shall be entitled to retain the deposits and all other funds received as liquidated damages for Client's breach of this Contract. 4. A Cleaning/Damage deposit, through a separate check, in the amount of$750.00 on October 19, 2017 which is 30 days before the event date. Damage to the property includes but is not limited to furnishings in groom's and bride's rooms, tables and chairs, linens, kitchen equipment, bathroom facilities, and outdoor areas. If all areas are free of damage the check will be returned to the client no more than ten (10) days after the event. If damages are found a list of damages will be provided to the client and amount deducted from the deposit. If the damage exceeds the deposit additional charges will be invoiced to the client. 5. Returned checks are subject to a $150.00 returned check fee. If the check is returned after the balance is due this Contract shall fall under the provisions of Sections 2 and 3 above. 6. If The Grove, at its sole discretion, agrees to accept late payment of the balance referenced in Section 3, then a $150.00 late fee will be assessed. The Grove Operations 204 Fannin Dr., Round Rock, TX 78664 512.203.2380 7. All alcohol must be served by an insured, TABC certified bartender. One bartender is required for each 100 guests. At any function in honor of a minor(s), e.g. graduation parties, birthday parties, or dances, alcoholic beverages of any kind are prohibited, regardless of adult attendance. S. Shots of alcohol, 1.0 — 1.5 ounces of alcohol with equal or less amount of ice, water, juice, etc., is expressly prohibited. Consumption of shots will result in ceasing the alcohol service for the evening. 9. if alsehGI a fe ises, The QieRtmust pFe„ide sena Fity fer the event o.,. Feyed en„Fity used.vendeFs will be provided te- the Client, ne other vendeFr, may be Security waived KB 10.All alcohol served at The Grove is the responsibility of the client. The Client assumes all responsibility and liability for alcohol served at The Grove. 11.Weapons of any kind are not allowed on site. Anyone found with weapons will be asked to remove them, if they do not comply they will be asked to leave. 12.Approved outside vendors are permitted. It is recommended to use The Grove's preferred vendors list. These vendors have demonstrated superior professionalism and service contributing to the development of a successful business relationship with The Grove. A list of the Client's vendors must be provided 60 days prior to the event to be approved by The Grove. If a vendor that is not on the preferred list is chosen, The Grove reserves the right to approve any such vendor, such approval will not be unreasonably withheld. 13.A licensed and insured caterer is required to serve food. 14.The Grove must be named as an additional insured on each vendor's insurance. It is expressly agreed that The Grove shall not be liable for loss or damage resulting from the actions or inactions of any outside vendor. 15.Client agrees to abide by the Policies and Procedures specified in Contract Addendum B. Client will communicate all Policies and Procedures to each vendor contracted to be at The Grove. If Client or vendor violates the Policies and Procedures, then (a) Client shall be in breach of this Contract, (b) this Contract will be terminated, (c) Client shall surrender its right to possess the premises on the event date, and (d) The Grove shall be entitled to retain the deposits and all other funds received as liquidated damages for Client's breach of this Contract. 2 16.Clients shall indemnify, defend, and hold The Grove, its officers, directors, employees, agents and contractors, harmless from and against any and all damages, losses, claims,judgements and costs (including attorney fees), unless caused solely by negligence or misconduct by The Grove's officers, directors, employees, agents or contractors, arising from (a) Client's use of the premises, (b) from Client's activities at the premises, (c) from anything done, permitted or suffered by Clients or their guests, contractors, vendors or agents at the premises, or (d) from Client's failure to observe or perform any agreement or promise under this Contract. The Grove's maximum liability under this agreement shall be the refund of sums paid to The Grove. 17.The rental fee includes use of the building and grounds for seven (7) hours on the contracted event day. Contracted time will commence no earlier than 7am and end no later than 12am on Saturday, no later than 11 pm on Friday or Sunday and no later than 9pm Monday through Thursday. During the block of time, hours include set up/decorating, event, and breakdown/cleaning time. A charge of$250 per hour or any part thereof will be assessed for use of the premises in excess of 10 hours. 18.Children less than 12 years of age are not permitted on the premises during setup/decorating/breakdown/cleaning without the prior approval of The Grove. 19.Rental fee includes: • Use of chairs and tables inside. • Basic building maintenance, utilities, off- • Use of white table linens. site parking for 100 vehicles. • Set-up of The Grove tables and chairs • The Grove administrative staff, or by The Grove. designee, on-site during the rental period. • Use of the facility for 1 hour for rehearsal, scheduled 60 days in advance as available. 20.All minor children must be supervised at all times when on premises. 21.The Grove is not responsible for articles left or lost on the premises, or for vehicles on the premises or in the off-site lot before, during, or after the event. 22.An event plan is to be submitted to The Grove for review and approval no later than 60 days prior to the scheduled event date and shall include (a) a floor plan and layout (b) delivery schedules (c) time table for event including hours of bar service, food service and music and (d) security contract and contact. This information can be submitted on-line, contact us for instructions. 23.Payments are to be made to The Grove and mailed to 1301 Crimson Clover Ct., Round Rock, TX 78665. _ 24.The Grove is leased for events "as-is". The Grove reserves the right to make alterations to the premises, furniture, decorations, and accessories. 3 25.Notice of cancellation of rental or services must be submitted to The Grove in writing. In the event of cancellation of the event, all payments made prior to the date of the cancellation are non-refundable. If the date of cancellation is within eight (8) months of the event all remaining outstanding payments will be due immediately as liquidated damages. 26.Notice of rescheduling to any future available date must be submitted to The Grove in writing, and is subject to availability. The initial payment, less a $250 administrative fee, may be applied to the new date. At the time of rescheduling Client must render the $250 administrative fee, plus any additional amount required to insure that the new initial payment is at least 50% of the rental rate for the new date. Rescheduling requests must be received at least three months prior to the originally scheduled event date; after that time rescheduling is not permitted and a new, separate contract must be agreed to. 27.Client agrees that the event may be photographed or videoed by The Grove and that such images, including Client's likeness and/or the likeness of Client's invitees/guests, may be freely published in any outlet used to promote or publicize The Grove. In addition, any photos taken on site may also be used by The Grove in any outlet used to promote or publicize The Grove. 28.This Contract, including "Addendum A, Charges", "Addendum B, Policies and Procedures" contains the entire agreement between the parties relating to the use of the premises and there are no prior representations, warranties, or understandings, verbal or otherwise, between the parties except as set out in this Contract. This Contract can only be amended in writing signed by The Grove and Client. 29.This Contract may be modified or amended if the amendment is made in writing and is signed by both parties. Neither party may assign, transfer or convey any or all of their respective rights or obligations under this Contract. 30.If any provision of this Contract 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 the Contract is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 31.The failure of either party to enforce any provision of the Contract 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 Contract. 4 32.This Contract shall be governed by the laws of the State of Texas, Williamson County, Texas and Round Rock, Texas. 33.This Contract 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. Client Client Date Client Client Date XOMY [&k5 Owner/General Manager August 24 2017 The Grove Representative Title Date 5 tmdROVE 2 Ll Contract Addendum A Charges City of Round Rock, Monique Adams representative for the City Client Address for Contact 512-218-3234 Work Phone Cell Phone Other Contact Phone MAdams@roundrocktexas.gov Email for Contact ,� p(� Other Email for Contact Employee Awards October 19, 20Sd 180 Event Type/Theme Event Date Number of Guests Rental — 3pm — 10pm , Event—6pm-9pm N/A Event Time Rehearsal Date/Time Event Rental Fee $ 1,400.00 Refundable Cleaning/Damage Deposit $ 750.00 Additional Hours @ $250/hr 0 Total Invoice $ 2,150.00 Where applicable 8.25%sales tax has been included in pricing. Deposit (50%) Due Date N/A Waived (KB) Paid $ N/A Balance Due Date September 19, 2017 Paid $ Damage Depo iit Due Date October 19, 2017 Paid$ Client J I Client Date Client Client Date K4MY ?301es Owner/General Manager August 24, 2017 The Grove Representative Title Date 6 y Contract Addendum B Policy and Procedures The following is a list of policies and procedures to be upheld by the Client,which includes all vendors who are involved in the planning and execution of the event on the premises of The Grove and Client's guests, invitees and agents. It is the responsibility of the Client to communicate these policies and procedures to their guests, invitees, vendors or agents. Clients agree to be bound by the following policies and procedures. 1. Client shall take the premises as found in good repair and shall return the premises at the end of the event in the same condition, reasonable wear and tear expected. 2. Client and/or their contractors shall be responsible for all food, trash, and garbage being BAGGED and REMOVED from the premises (consider hiring the caterer or other vendor to handle the trash removal). The Grove provides plastic trash cans and liners for client's event, but they must be emptied and trash removed at the end of the event. 3. If there is any excessive cleaning required, or if the premises or any equipment or furniture/furnishings is/are damaged during the event by Client, its agents, employees, contractors, invitees, and/or guests, Client shall pay upon demand the required sum to restore the premises to the condition prior to the damage. If the Cleaning/Damage deposit is sufficient then The Grove will deduct the required amount from the Cleaning/Damage deposit before refunding the remainder. 4. All decorations must be approved by The Grove 30 days in advance of the Event. 5. No staples, tacks, nails, tape or any other form of attachment likely to damage paint or woodwork or brickwork areas are allowed to affix signs or decorations to the interior walls, floors and ceilings or to the exterior of the building.All decorations must be freestanding. Ribbons, floral wire, Command products or fishing string can be used to secure items to inside or outside. All items used to attach decorations must be removed during clean up. Trees may not have decorations attached to them unless approved by The Grove. 6. All discarded containers must be picked up at the end of the event or a cleaning fee will be charged. 7 7. Candles and open flames are allowed only if contained and protected with a protective base at all times so candles cannot come into contact with linens or other surfaces. Tapered candles must be secure in candleholders with necessary precautions not to drip on linens, furnishings or floors. Candles are subject to burn bans by Williamson County, Texas or Round Rock, Texas. 8 9. Birdseed, glow sticks, ribbon wands or bubbles may be used outside of the facility. NO SYNTHETIC PETALS, CONFEITTI, GLITTER OR OTHER LOOSE DECORATIONS ARE ALLOWED OUTSIDE. Sparklers are only allowed if they are used in designated areas and in compliance with Williamson County, Texas or Round Rock, Texas burn bans and only used in designated area. PYROTECHNICS ARE STRICKLY PROHIBITED. 10. NO SMOKING OF ANY KIND INCLUDING E-CIGARETTES OR SIMILAR DEVICE, IS ALLOWED AT ANY TIME OR IN ANY AREA, INSIDE THE GROVE. SMOKING IS ALLOWED ONLY IN THE DESIGNATED AREA OUTSIDE THE GROVE. Cigarette butts discarded on the grounds will cause the forfeit of the cleaning deposit. 11. If The Grove or its designee determines that illegal substances are being used, The Grove has the authority to close down the event immediately. 12. Client 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 the creek, cliffs, rocks, holes, harmful plants, snakes and other wildlife or animals, and other risks that may be dangerous, that can injure or cause death. The Grove reserves the right to evict from the premises any person (including any child and his/her guardian/parent) if they are deemed by The Grove to be a danger to themselves or to others. 13. Clients shall insure that all children are properly supervised and monitored at all times. 14. Following actions, not wholly conclusive, are prohibited. a. Climbing/sitting on deck or stair railing b. Throwing rocks including landscaping rocks c. Running or playing on the slope between the patio and the terrace d. Climbing trees or other structures e. Entering the creek 15. The Client, their guests, invitees, contractors and agents must remain inside The Grove property away from private residences and businesses surrounding The Grove at all times. 16. The Grove provides off-site parking for all vehicles. Vehicles parking along neighborhood streets or at surrounding businesses will be towed at the owner's expense. 17. Animals are not allowed on the premises unless they are service dogs for the physically impaired or approved by The Grove. 18. Propane heaters may be used only when The Grove is notified, are used only in designated areas, and supervised by a designated person listed in the set up agreement. Burn bans in place by Williamson County, Texas or Round Rock, Texas must be complied with when using heaters. 19. Signs or decorations (ribbon, balloons, etc.) placed at street level, attached to trees or other fixtures on the roads leading to The Grove is expressly prohibited. 9 Alcohol 2. . KS 3. TABC bartender(s) must be approved by The Grove 60 days prior to the event. The client will share the Policies and Procedures with the vendor. If the vendor does not comply with the acceptable serving instructions during the event, The Grove retains the right to ask the vendor to shut down and leave the premises 4. Alcohol may not be served to, or consumed by, minors.At any time if The Grove deems alcohol consumption to be excessive or given to minors, The Grove has the authority to close down all alcohol service and/or evict from the premises any inebriated guests and minors who consumed alcohol. 5. The service of alcohol is limited to five (5) hours and must end one hour prior to the end of the Client's contracted rental time. 6. Shots of alcohol, 1.0 — 1.5 ounces of alcohol with equal or less amount of ice, water, juice, etc., is expressly prohibited. Consumption of shots will result in ceasing the alcohol service for the evening. 7. Alcohol may not leave the designated property of The Grove. 8. Alcohol may be brought on property only by the Client or their designated vendor, handed over to a TABC certified bartender who must log in all alcohol.Additional alcohol may not be added once the original delivery is logged in.A copy of the log will be provided to The Grove management or its designee. 9. No alcohol may be brought onto the premises other than that served by TABC certified bartenders. 10. Once the TABC certified bartender has arrived all alcohol on site must be surrendered to them (this includes all alcohol kept in the groom or bride's quarters). 11. Make arrangements to have all remaining alcohol boxed and secured before the bartender(s) leave. Guests are not allowed to drink alcohol before or after bartender(s)and security leave the premises. 12. Beer kegs and all other containers likely to leak water are not allowed inside the building or on the deck. 13. Extra ice and water from kegs or coolers must be discarded across from the service entrance on the far side of the service drive way away from building. 10 Music 1. All amplified music, live or recorded, must be played inside the building with all doors closed in keeping with City of Round Rock ordinances. The ordinance includes dB levels in appreciation for the residents of the area surrounding The Grove. 2. Music that is not amplified (acoustic) may be outside in keeping with City of Round Rock noise ordinances. 3. Music must end by 11:00 pm on Saturday, 10:00 pm on Friday or Sunday and 9:OOpm Monday through Thursday. 4. Music vendors(DJs and/or musicians) must be approved by The Grove 60 days prior to the event. Vendors will be instructed that The Grove management or its designee will set the acceptable volume level for the event. If the vendor does not comply with the acceptable level and/or does not adjust volume during the event, The Grove retains the right to ask the music vendor to shut down and leave the premises. 5. USE OF SUB-WOOFERS IS PROHIBITED. Catering 1. Catering vendors must be approved by The Grove 60 days prior to the event. It is the Client's responsibility to share all Policies and Procedures with the vendor. If the vendor does not comply with the Policies and Procedures, The Grove retains the right to ask the catering vendor to shut down and leave the premises 2. Gas grills, outdoor charcoal or mesquite grills, and/or fire pits are strictly prohibited at The Grove. There will be no cooking on site. 3. Kitchen sinks do not have food disposals, please remove excess food and grease before rinsing items in sink. Dispose of all food, dressings, gravies, sauces and oily liquids in trash cans with liners. 4. Use of one refrigerator and one freezer are included in the kitchen.All items must be emptied from both refrigerator and freezer before leaving. Refrigerator and freezer must be wiped down before leaving. 5. Caterers or the client's designee are responsible for cleanup of the kitchen and loading area, trash and food items after the event. 6. The kitchen must be swept and mopped. All spills must be cleaned. Client/Caterer/Designated Person are to remove all garbage from the building and grounds and taken off site. 7. If food trucks are brought to The Grove, they are considered caterers and fall under the provisions listed here. 8. Food trucks may only park in the designated area and may not dump water, grey water or other substances on The Grove property. 9. Food trucks must have a license to serve from the Williamson County Health Department. 11 Cleaning 1. It is the client's responsibility to communicate to catering/wait staff or designee requirements for cleaning. 2. Cleaning duties must be conducted during the time The Grove is booked for the event. 3. All decorations, extra tables, chairs, tents and other rental items must be delivered and picked up on the day of the event during the hours booked.All rental items must be stacked and cleaned per vendor specifications (check with vendor contract). Vendors must remove items by the end of your time block.This includes flowers, linens, dishes, candles, etc.ALL ITEMS MUST BE REMOVED ON THE SAME DAY OF THE EVENT, DURING YOUR TIME BLOCK, OR AN OVERNIGHT STORAGE FEE WILL BE ASSESSED. Special arrangements may be made at the discretion of The Grove, but must be in writing to be valid and may include a storage fee. The Grove is not responsible for items left on the grounds or in the building. 4. It is the responsibility of the client or their designee to transfer rented items to the rental vendor. The Grove is not responsible for ensuring any rental items are returned. 5. To avoid deductions from the Cleaning/Damage deposit, all areas used, inside and out, are to be left clean of debris. Plastic trash liners and trash cans are provided. 6. ALL TRASH MUST BE TAKEN OFF SITE AT THE END OF THE RENTAL PERIOD. 7. Linens must be removed from tables, free of any debris in the designated area. Linens containing stains must be placed in the designated area separate from other linens. Note that linens with stains that cannot be removed will result in a charge of$10 per linen. 8. Tables and chairs provided by The Grove must be wiped down prior to final departure. 9. All chairs shall be folded and placed on top of the tables prior to final departure. 12 This page had no page or text file