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CM-2018-1967 - 12/7/2018CITY OF ROUND ROCK SPORTS CENTER TERMS OF USE By execution of this City of Round Rock Sports Center Terms of Use (the "Terms of Use") by St. Alphonsa Syro-Malabar Catholic Church , the undersigned referred to herein as "Licensee," Licensee, in consideration for Licensee being allowed to use all or a portion of the City of Round Rock Sports Center ("Sports Center") owned by the City of Round Rock, Texas (the "City"), Licensee agrees that the following terms, conditions and obligations apply to such use. 1.01 LICENSED PREMISES. Subject to the terms and conditions of these Terms of Use, Licensee shall be permitted to use and occupy that portion of the Sports Center described in the reservation, incorporated herein for all purposes, (the "Premises") on the dates and at the times as indicated in reservation (the "Use Period") for the rental rates stated below for the following express purposes and no other purpose: Region Inter Parish Sports Festival 2021 (the "Use"). Space within the Premises may be reassigned with the mutual consent of the Licensee and the Sports Management & Tourism Department designee (the "SM & TD designee"). 2.01 RENTAL; PAYMENT; CANCELLATION A. Rental. Licensee shall pay the City for the use of the Premises the amount of-i'SSO"per hour (the "Rental Rate") for the Use Period, totaling the amount listed on your invoices) (the "Rental Amount"). The Rental Amount shall be paid to the City as directed by the SM & TD designee. B. Payment. Unless the SM & TD designee agrees in writing to some other schedule of payment, the Rental Amount shall be paid as follows: (a) $250 non-refundable deposit, or full amount if less than $250, paid on the date that Licensee submits an executed copy of these Ten -ns of Use. (b) Remaining Rental Amount paid monthly, 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 Rental Amount actually paid shall be refunded as follows: (a) 100% refund less $50 administrative fee if cancelled more than 30 days prior to the Use Period, or cancelled portion thereof. (b) 50% refund if cancelled between 30 and 15 days prior to the cancelled Use Period, or cancelled portion thereof. (c) No refund if cancelled less than 15 days prior to the Use Period, or cancelled portion thereof. 00279182.doc Gym/Room Rental GM- z 0�S-Kg6,7 The City reserves the right to cancel the Licensee's right to use the Premises with or without cause. In the event of cancellation by the City without cause, the Rental 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 amounts 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 these Terms of Use 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 Sports Center, whether adopted before or after the execution of these Terms of Use. 6.01 WARRANTY OF AUTHORITY Licensee warrants and represents that the person signing these Terms of Use on its behalf has been duly authorized and empowered to do so, that it has taken all action necessary to approve these Terms of Use, and that these Terms of Use are a lawful and binding obligation of Licensee. IN WITNESS WHEREOF, Licensee executes these Terms of Use and agrees to be bound by them regarding Licensee's use of the Premises. LICENSEE: Signature: Printed Name:A�rEES N r rEflRGF Title: '(43 f EC - Date Signed: l t % 151l - City of Q T Date Signed: �--� a- 2 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Round Rock Sports Center Terms of Use Agreement for the rental of the Sports Center to St. Alphonsa Syro-Malabar Catholic Church for the Region Inter Parish Sports Festival 2021. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/7/2018 Dept Director: Chad McKenzie Cost: Indexes: Attachments: LAF - RRSC Terms of Use Agreement (Region Inter Parish Sports Festival 2021) (00413938xA08F8), Sports Fest Agreement (002) Department: Sports Manaqement and Tourism Text of Legislative File CM -2018-1967 Terms of Use Agreement for facility rental on 8/6/21 - 8/8/21 for the Region Inter Parish Sports Festival. Facility rental fee is $550 per hour. City of Round Rock Page 1 Printed on 121512018