CM-2019-0093 - 4/5/2019CITY OF ROUND ROCK
MULTI-PURPOSE SPORTS COMPLEX
TERMS OF USE
By execution of this City of Round Rock Multi -Purpose Sports Complex ("Multi -Purpose Sports
Complex") Terms of Use (the "Terms of Use") by CG Nation, LLC, the undersigned referred to herein
as "Licensee," Licensee, in consideration for Licensee being allowed to use all or a portion of the Multi -
Sports Complex 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 Multi -Purpose Sports Complex 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:
Trainer_ Games; June 24, 2019 (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 listed on your
invoice(s) (the "Rental Amount"). The Rental Amount shall be paid to the City as directed
by the 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 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 Terms 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.
00369091/ss2
Field Rental
The City reserves the right to cancel the Licensee's right to use the Premises with or without
cause. This shall include for weather conditions, scheduling conflicts, and/or field conditions. 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, unless such suit or claim is
the result of the sole negligence or willful misconduct of the City.
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: Q"_�
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Printed Name: Jahna Douglas
Title: Risk & Compliance Administrator
Date Signed: March 19, 2019
2
City of Roun Rock, Texas
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Signature:1,t4f,,44A
Printed Name: I tyl(R )eli %llfIV5
Title:. Aqe er
Date Signed: -5-- 161
City of Round Rock
ROUND ROCK
PTEacr�S Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Agreement with CG Nation, LLC for use of all or
portion of the Multi -Sports Complex, Round Rock, Texas for Trainer Games,
June 24, 2019.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/5/2019
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: CMAF - CG Nation LLC Trainer Games, Terms of Use - Camp Gladiator
Trainer Games (June 2019)
Department: Sports Management and Tourism
Text of Legislative File CM -2019-0093
CG Nation, LLC will hold their Trainer Games at the Multi -Purpose Complex on June 24, 2019.
CG Nation, LLC shall pay the City for the use of the Premises the amount on the invoice.
City of Round Rack Page 1 Printed on 41412o19