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CM-2019-0255 - 8/26/2019City of New Braunfels RENTAL AGREEMENT PARKS AND RECREATION DEPARTMENT City Tube Chute 110 Golf Course Road, New Braunfels, Texas 78130 Availability: September 15 through May 15. 6 a.m. to 5 p.m. Reservations will not be accepted from May 16 through September 14. Fees: Daily Rental Rate m $75 plus applicable fees Participant Fee 20% of fees charged to participants by lessee Name of Lessee/Organization: City of Round Rock Fire Department Contact Person: Tom O'Brien Phone: (512) 466-5881 Email Address: tobrien@roundrocktexas.gov Mailing Address: Type of Program: 203 Commerce Blvd Swiftwater Rescue 1. Reservation Days/Times City: Round Rock Zip: 78664 Estimated Attendance: 35/day Date(s): 7-9 October 2019 Time: 0900-1800 hrs. Total Days: 3 Total Rental Fee ($75 x # of days) $ 225.00 2. Is this rental for a class/program that the Lessee will be charging a fee? Yes No x Cost per participant (Rentals that charge participation fees will be required to submit 20% of all fees collected to the City of New Braunfels within 10 days following rental date) 3. Rental Acknowledgement (I.es a nilials) Contract and payment received by Parks office no less than 10 days before rental Proof of insurance submitted to the Parks office 7 days prior to rental date Special Events Application (if required) completed and submitted 20% Participant fee paid to the City of New Braunfels 10 days after the rental date Lessee acknowledges that he/she has read, understands and agrees to the terms and conditions, restrictions and special provisions contained within and attached to this rental agreement. LESSEE: ' I (Signature) (Print) ,II Page I of 3 City Tube Chute Rental Agreement �I-20/1,02Ss City of New Braunfels MKS AND RECREATION DEPARTMENT RENTAL AGREEMENT City Tube Chute 110 Golf Course Road, New Braunfels, Texas 78130 TERMS AND CONDITIONS FOR CITY TUBE CHUTE 11K lniliais) All rental fees are due at the time of reservation. Cancellations must be given in writing no less than two (2) weeks (14 days) prior to the reservation date. All fees will be refunded in full, minus a $25.00 handling fee. If cancellation is made less than two (2) weeks prior to the reservation date all fees will be forfeited. All rentals charging fees for participation will be charged 20% of overall receipts in addition to the regular rental fees. These fees will be due to the Parks office within 10 days following the rental date. Lessee agrees to provide a policy of public liability and property damage insurance issued by a reputable casualty insurance company naming the CITY OF NEW BRAUNFELS as a co- insured that meets the following requirements unless otherwise stipulated in writing by the Lessor: ■ Personal injury liability of not less than $500,000.00 for any one (1) injury; ■ $1,000,000.00 for any one (1) accident; ■ Property damage liability of not less than $25,000.00,. When such a policy is issued naming the City of New Braunfels as co-insured, it is required that such insurance; ■ Policy states that such insurance is primary insurance and the City's existing general liability coverage shall be considered excess coverage. Failure to provide required proof of insurance ten (10) days prior to rental will result in reservation being cancelled and payment being forfeited. Lessee accepts premises in its present condition and state of repair and agrees that the end of the rental, it will be vacated and surrendered to the City in the same condition. All repairs and replacements required to return the premises to its present condition will be at the expense of the Lessee upon demand. Handrails will not be attached to the tube chute dam from Labor Day weekend until May I5 each year. Lessee accepts these conditions when renting the facility within these time periods. The facility will remain open to the public for river use during the term of the rental. Lessee will use caution during the rental to avoid any situation that would prohibit use of the river by the public or place the public in harms way. Page 2 of 3 City Tube Chute Rental Agreement 4 {` City of New Braunfels RENTAL AGREEMENT PARRS AND RECREATION DEPARTMENT City Tube Chute 110 Golf Course Road, New Braunfels, Texas 78130 TERMS AND CONDITIONS FOR CITY TUBE CHUTE (continued) lk*Facility availability after Labor Day weekend after 12 noon is contingent on public use of the river. Lessee will discontinue training as soon as public use is infringed upon by training stations or Tube Chute usage. Lessee hereby releases Lessor from all damages and claims of every sort, whether to person or to property, arising incident to the Lessee's use of the premises, and agree to hold the City harmless from any damage sustained by Lessee or by any of its agents, employees or invitees, including its patrons, and to indemnify the city against any and all claims for such loss, damage or injury, including attorney's fees. Lessee shall and will indemnify and save harmless Lessor (City of New Braunfels, its officials, agents and employees) from and against any and all claims, and against all costs, damages and expenses to which the Lessor may be put by any reason of any injury, or alleged injury, to person or property resulting or alleged to result from or to be occasioned by the acts or omissions of the Lessee or Lessor, whether negligent or otherwise, during Lessee's occupation and use of the leased premises, including restrooms, adjacent sidewalks, outdoor areas and parking lots. Lessee or its insurer shall make payment of any and all sums recovered against Lessor in any suit or suits arising from such alleged injury or damage to which the Lessor may be made a party, together with all costs, damages and expenses borne by Lessor in connection with the defense of such suits, all in a manner as to save Lessor harmless from any expense connected with actions and claims arising from Lessee's use or occupation of the leased premises, including restrooms and all adjacent sidewalks, outdoor areas, facilities and parking lots. Page 3 of 3 City Tube Chute Rental Agreement PCity of Round Rock ND ROCK = Agenda Item Summary Agenda Number: Title: Consider authorizing the City Manager to execute a Rental Agreement for City Tube Chute with the City of New Braunfels for RRFD Type: City Manager Item Governing Body: City Council Agenda Date: 8/23/2019 Dept Director: Robert Isbell, Fire Chief Cost: $225.00 Indexes: General Fund Attachments: New Braunfels Tube Chute Rental Agreement Department: 'text of Legislative File CM•2019-0255 This agreement is for Rental Agreement and Policy of Public Liability and Property Damage Cost. $225.00. Source of Funds: General Funds City of Round Rock Page i Printed on tY=019