CM-2020-156 - 6/5/2020RENTAL AGREEMENT
DEFINITIONS AND BASIC PROVISIONS.
a. "LESSEE": OLD SETTLERS ASSOCIATION OF WILLIAMSON
COUNTY, TEXAS
Address: 3300 Palm Valley Boulevard
Round Rock, Texas 78664
b. "LESSOR": CITY OF ROUND ROCK, TEXAS
Address: 221 East Main Street
Round Rock, Texas 78664
C. "Premises": The Old Settlers Association Facilities at 3300 Palm
Valley Boulevard, Round Rock, Texas 78664
d. "Use of Premises": To hold a Summer Day Camp program for approximately
one hundred (100) to one hundred fifty (150) guests.
e. "Term": For a term of sixty (60) months from the "Commencement
Date" of this Rental Agreement.
f. "Rental Dates": Dates ranging from June lst to August 31st submitted by the
Lessee to the Lessor no later than May 15th of each year this Rental Agreement is
effective.
g. "Rental Time": From 7:00 a.m. to 6:00 p.m. each day the facility is rented.
Camp set-up, operation and clean-up shall occur during the Rental Time.
h. "Rent": $150.00 per day
2. GRANTING CLAUSE. For and in consideration of the mutual covenants and
agreements set forth herein, Lessor agrees allow Lessee to use the Premises for the
purposes set forth herein, for the Rent and upon the terms and conditions herein.
3. COMMENCEMENT DATE. The "Commencement Date" of this Rental Agreement
shall be defined as the date upon which the binding signatures of both parties to this
Rental Agreement are affixed.
4. RENT. Lessee hereby agrees to pay Rent for the term of this Rental Agreement as
follows: One Hundred Thirty and No/100 Dollars per day for each Rental Date to be paid
to Lessor at least sixty (60) days prior to the Rental Date(s). Said Rent shall be non-
refundable except as described in Paragraph 6 herein. In the event, Rent is not received
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at least sixty (60) days prior to the Rental Date(s), Lessor shall have the right to terminate
this Rental Agreement and re -let the Premises to a third party.
5. USE AND OCCUPANCY.
a. Lessee agrees to use and occupy the Premises solely during the Rental
Time on the Rental Dates, for the general purposes set forth in Paragraph
l(d) hereof, with other non -similar uses to be allowed only with the
express written consent of Lessor.
b. Lessee shall be responsible for keeping the Premises in a neat and orderly
condition, and shall repair any damage to the Premises immediately at the
expense of the Lessee.
C. Lessee understands and acknowledges that Monday is set-up day and
Fridays are clean-up/break-down day and storage of supplies and
equipment utilized throughout the week shall be stored in a secure area
provided by Lessor.
d. Lessee understands and acknowledges that there may be previously
scheduled events for the Lessor's facilities and agrees to work with Randy
Michna or his successor with all matters pertaining to previously
scheduled events and any necessary facility adjustments.
e. Lessee agrees to bear all costs associated with the Use of Premises and
promoting the Use of Premises.
f. Lessee shall abide by the Lessor's energy management guidelines.
g. Lessee shall be responsible for all guests upon arrival of the guests and
shall abide by and enforce the Lessor's rules for the Premises.
h. Lessee shall be responsible for recruiting, hiring, training, supervision and
compensation of the staff for the Use of Premises.
6. CANCELLATION. In the event Lessee must cancel one or more of the Rental Dates,
Lessee shall notify Lessor immediately. The Rent for the cancelled Rental Date(s) shall
not be refunded unless Lessor is able to re -let the Premises prior to the cancelled Rental
Date(s) for the same terms and conditions as set forth in this Rental Agreement.
7. INSURANCE AND INDEMNIFICATION.
a. To the extent allowable by law, Lessee agrees to indemnify and hold harmless,
Lessor, its trustees, officers and employees, from and against any and all liability,
claims, suits, demands, actions, losses, damages, costs and expenses, including
any and all legal expenses and attorney fees, with respect to any injuries to
persons (including death) or damage to property arising out of Lessee's Use of
Premises, unless caused by Lessor's gross negligence or intentional misconduct.
b. Lessee agrees to maintain, at its own expense during the full term hereof, a
comprehensive general liability insurance coverage, and to furnish to Lessor
current certificates evidencing such insurance.
NOTICES. Any notice by either party to the other shall be in writing and deemed duly
provided only if delivered personally or sent by certified mail, return receipt requested, in
a postpaid envelope addressed to the party at the address set out in Paragraph 1 herein or
at such other address as Lessor or Lessee, respectively, shall designate in writing by
giving notice under this Paragraph. Notice shall be deemed to have been duly given if
delivered personally, upon delivery thereof, and if mailed, upon the third day after the
mailing thereof in accordance with this Paragraph.
9. DISPUTE RESOLUTION.
a. The parties agree to negotiate in good faith in an effort to resolve any dispute
related to this Rental Agreement that may arise.
b. The parties hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Rental Agreement or a breach thereof shall be
decided by any arbitration proceeding, including without limitation, any
proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any
applicable state arbitration statutes.
10. MISCELLANEOUS PROVISIONS.
a. Successors and Assigns. This Rental Agreement shall be binding upon and inure
to the benefit of Lessor, its successors and assigns, and shall be binding upon and
inure to the benefit of Lessee, its successors and, to the extent assignment may be
approved by Lessor.
Severability. If any provision of this Rental Agreement or the application thereof
to any person or circumstance shall for any reason or to any extent be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, but
shall be enforced to the extent permitted by law, as if such invalid or
unenforceable provision had never been contained herein.
C. Headings. The headings and titles used in this Agreement are for administrative
convenience only and do not constitute substantive matter to be construing the
terms of this Agreement.
d. Laws Governing Venue. This Rental Agreement shall be governed by the laws of
the State of Texas and 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 or conditions herein, exclusive venue for same shall lie in Williamson
County, Texas.
e. Non -Appropriation; Fiscal Funding. This Rental Agreement is a commitment of
City of Round Rock's current revenues only. It is understood and agreed that City
shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to pay for the
services as determined by City's budget for the fiscal year in question. City may
affect such termination by giving a written notice of termination at the end of its
then -current fiscal year.
f. Prompt Payment Policy, As a Texas home -rule municipality, City of Round
Rock shall make any payments due in accordance with the Texas Prompt Payment
Act, Chapter 2251, V.T.C.A., Texas Government Code.
g. Entire Agreement. This Rental Agreement constitutes the whole agreement of the
parties and shall in no way be conditioned, modified, or supplemented except by
written agreement executed by both parties.
IN WITNESS WHEREOF, this Rental Agreement is hereby executed in multiple
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counterparts on this the day of the month of May, 2020.
LESSOR:
OLD Sy RS $SS�CIATION OF WILLIAMSON COUNTY, TEXAS
By:
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Date Signed:
LESSEE:
CITY OF*OUND ROCK, TEXAS
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Date Signed:
FOR CITY, ATTEST:
FOR CITY, P OVED AS T FORM:
By: N L
Stephan Lj Sheets, City Attorney
City of Round Rock
i ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Rental Agreement with Old Settlers Association for
rental of facilities for a Summer Day Camp Program.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/5/2020
Dept Director: Rick Atkins, Director
Cost: $8,700.00
Indexes: General Fund
Attachments: Old Settlers Assoc Rental Agreement Contract, LAF- Rental Agreement with
OSA for Summer Day Camp (05 28 20) (00447214xA08178)
Department: Parks and Recreation Department
Text of Legislative File CM-2020-156
Round Rock Parks and Recreation Department provides a variety of summer day camp
programs during the months June - August. Camps include Traditional Day Camps, Sports
Camps and STEAM Camps (camps focused on Science, Technology, Engineering, Arts and
Math). The Rockin R Summer Day camp is a traditional day camp located at Old Settlers
Association. This camp location serves ages 5 - 14 years with 110 registered campers each
week. Each week is themed for fun, excitement, games, crafts and more to provide kids a
summer they wont forget. This essential service allows parents to continue working during the
summer months, knowing their child is in a safe, structured and fun environment. Campers are
divided into groups according to age/grade and are led in activity rotations by camp leaders.
Rental for this program will be $150 per day for facilities used at Old Settlers Association.
Summer 2020 dates will include 58 rental dates (58 x $150 = $8700), June 1 - August 19,
2020.
Cost: $8,700.00
Source of Funds: General Fund
City of Round Rock Page 1 Printed on 61412020