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CM-2024-119 - 4/5/2024 City of Round Room April 30, 2024 Page I of 7. Printed: April 3, 2024 Sales Manager: Naomi Mason Kalahari Resorts&Conventions 3001 Kalahari Blvd, Round Rock, TX 78665 Phone (512) 01-3493 a www.kalahariresorts.com EVENT CONTRACT DESCRIPTION IPT"I F EVENT The following represents an agreement between KR Acquisitions LLC, dba Kalahari Resorts Conventions, hereinafter referred to as "Hotel" and City of Round Rock hereinafter referred to as "Client" and outlines specific conditions and services to be provided. ORGANIZATION: City of Round Rock CONTACT: Name: Monique Adams Street Address: 221 East Main. Street City, State: Round Rock, TX 78664 Phone Number: (512) 218-3234 4$ E-mail madamsroundrock:texas,gov NAME OF EVENT: City of Round: k Employee IP re i i n Luncheon OFFICIAL PROGRAM DATES: April 30, 2024 CONCESSIONS The Kalahari Resorts &Conventions is pleased to include the following: • Complimentary WiH in guest rooms and convention center • Complementary Self Barking Custom $30 Lunch Menu (Before service charge) Complimentary Iced Tea Service Waived Room Rental Complimentary Stage and Podium Kalahan Resorts&ConventionsCLIENT INMALS 3001 Kalahari Blvd, Round Rock,TX 78665 Phone(517) 501.3493 ,;wMa,.,aia .c sorts,tion KALA "' Afc. E To City of Round Rock April 30, 20924 Page 2 of FUNCTION INFORMATION AGENDA/EVENT AGE14DA Based on the requirements outlined by Client, the Hotel has reserved the function space set forth on the below f=unction Information Agenda/event Agenda. Banquet and Meeting Room assignments are based on the anticipated number of guests. The Hotel reserves the right to re-assign alternate meeting space equivalent to originally contracted event space and/or proportionate to your guarantee. [ 7 it aoe Event Class Setup AGR Rental Tue 04 30 24 6:00 AM - 3:00 PM Room Hold �®— _— Event Barn _ 6'00,_.__. ._ 0.00 . —. Tue, 04/30/24 6,00 AM—4:00 PM Bad Weather Backup Kilimanjaro Suite 6 600 $0.00 Tue34 1 00 AM—4:00 PM Room Hold Event Lawn 600 _ 0.00 Tue 04 30/24 11:00 AM - 2:00 PM Lunch Event Barn 600 0.00 Tue, 04/30/24 12:00 PM - 1:00 PM (4) 2-Night Stay Gift Event Barn 600 $2,800 Fiat Fee Certificates All food, beverage and'Audio Visual rental is subject to a taxable service charge (currently 25%) and applicable sales tax (currently 8.25%). All other charges (excluding function space) are subject to applicable sales tax. Allprices quoted are subject to change and will be guaranteed with your Conference.Service Manager 60 days prior to your function. FOOD AND BEVERAGE ATTRITION Client agrees that it will provide, and Hotel is relying upon no less than a food and beverage minimum expenditure 6,0�00.0associated with the event excluding service charge and sales tax. Client and 'Hotel agree that if Client fails to purchase this minimum, Client will pay Hotel the difference. These liquidated damages are not a, penalty and will be. determined by calculating the difference between the actual food and beverage purchased and the minimum as defined above. These damages will be charged in the farm of additional meeting room rental. OUTSIDE FOOD D A,I BEVERAGE POLICY No outside food or beverage is permitted in resort function rooms, common areas or other public areas. unused food and beverage cannot be removed from the area where it is served. LIQUOR LICENSE Client understands that Hotel's liquor license requires that beverages only be dispensed by Hotel employees or bartenders. Alcoho",ic beverage service may be denied to those guests who appear to be intoxicated or are under age. SECURITY If your event requires additional security, Kalahari may be able to provide security at an additional cost. At the discretion of the resort, additional security may be required at the groups expense. All third-party security requires advanced Kalahari approval. Ali armed security also requires, among other things, insurance and liability bonding. DAMAGES Client shall be responsible to maintain and keep the facility in good order and repair. Any damages to the facility including but not limited to the carpet, floors, walls, doors, guest rooms, Convention center and all other parts of the hotel caused by Client or its officers, directors, agents, employees, subcontractors, licensees, or invitees shall be paid for by Client at the actual or estimated cost of repair, normal wear and tear excepted. INSURANCE The Hotel and the Client shall obtain and maintain and provide evidence of insurance upon request in amounts sufficient to provide coverage for any liabilities, which may reasonably arise out of or result from the respective obligations pursuant to this contract. Kalahari Resorts&Conventions CLIENT INITIAL . 3001 Kalahari Blvd, Round Rock,TX 76665 Phone(512)501-3493WE L C 0 ME To KALAi ," R City of Round Rock April 30, 2024 Page 3 of TAX-EXEMPT STATUS To my knowledge, the group: IS tax-exempt IS NOT tax-exempt Tax-exempt status must be arranged in advance by mailing or taxing a copy of the group' tax-exempt certificate. Without a valid Texas tax-exempt certificate on tile, Client will be charged all state, county and focal sales and hotel taxes. DIRECT BILLOPTION- APPROVED MASTER ACCOUNT METHOD OF PAYMENT The payment of anticipated charges on faster Account is due no less than 14 business days prior to arrival. Hotel must be notified in writing at least 14 days prior to arrival of all authorized signatories, Client plans to use the following payment method for Master Account charges: PRF-PAY Check Must be received no later than 14 days prior to arrival, tracking information must be provided for mailed checks. PE-PAY Credit Card Hotel will call Client for the card number. For all Events where estimated charges exceed $10,000.00, and direct bill privileges have not been extended, one hundred percent(100%) will be required prior to arrival based on the deposit schedule below. For Group's requesting direct Wil privileges, this amount is subject to change and is at the sole discretion of the Hotel based on credit history. 90 Days Prior to First Contracted Arrival Date 50%n of Estimated Charges 60 Clays Prior to First Contracted Arrival late Additional 25%, of Estimated Charges 14 Business Gays Prior to First Contracted Arrival Date 100% of Estimated Charges ADVANCE PAYMENT An advance payment of $0.00 will be required in order to hold arrangements on a definite basis. This advance payment is due on Friday, April 5, 21124 and will be credited toward the Master Account. This advance Payment will be made with: Check - Tracking information must be provided for mailed checks. Credit Card— Hotel will call client for the credit card number, Kalahari Resorts&Conventions CLIENT INITIALS 3001 Kalahari Blvd, Round Rack,TX 78665 Phone (51.2) 501-3493kkd1ahenreborL,.comt;, � KALA . � A� City of found Bock April 30, 2024 Page 4 of CANCELLATION Client acknowledges that if it cancels or otherwise essentially abandons its planned use of the Event Agenda (a "Cancellation"), this action would constitute a breach of Client's obligation to Hotel and Hotel would be harmed. Because Hotel's harm (and Client obligation to compensate Hotel for that harm) is likely to increase if there is a delay in notifying Hotel of any Cancellation, Client agrees to pay 12,800.00. Provided that Client timely notifies Hotel of the Cancellation and timely pays the above liquidated damages, Hotel agrees. not to seek additional damages From Client relating to the Cancellation. Hotel reserves the right to cancel this event and any future events of Client at this and any other Kalahari Resorts Conventions location if Client has an unpaid balance due from any past event at this Kalahari Resorts &Conventions location or any other Kalahari Resorts &Conventions affiliated location. If there is an unpaid balance due from any past event, Hotel may cancel at any time up to and including the first day of the Official Program mates. Client hereby waives any claim for damages of any kind if hotel exercises its right to cancel hereunder. ADDITIONAL GROUP DISCOUNTS Discounted group rates may be available for groups of more than 10 guests to Tom Foolery's adventure Park or when securing a minimum of 6 bowling i lanes. For pricing contact Bree O'Neal, Waterpark& Tom Foolery Sales Manager at 512.5823455. CHANGES,ADDITIONS, STIPULATIONS, OR LINING OUT Any changes, additions, stipulations or deletions including corrective lining out by either Hotel or Client will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other. COMPLIANCE ITH LAW This Agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic. beverage control laws, disability laws, and the like. Client and Hotel agrees to cooperate with each other to ensure compliance with such laws.. POLICIES AND PROCEDURE tx qj cies-and procedures-020122.pc1f IkalaharimeetingLccr Client is subject to the policies and procedures governing guests of the Hotel. A Timeline Of Rey Deadlines line For Planning for Your Event IBM, OEM Submit general outline of your meeting including all events, room set 60 days prior to arrival 1, Catering Manager ups, audio visual needs and meal choices Work with Conference Catering Manager via phone or appointment to 30 days prior to arrival Catering Manager finalize details for each of your events Final Banquet Event Order (BEC})form for each event signed by client 14 clays prior to arrival Catering Manager Food and Beverage guarantees due for each meal and break event 72 hours pricer to arrival catering.Manager Kalahari Resorts&conventions --------CLIENT INITIALS 3001 Kalahari Blvd, Round Rack,TX 7£1665 Phone(512) 50.1-3493-www.kai hharir2soft_s.corn CT R City of Round Rock April 30, 2024 Rage 5 of AMERICANS I DISABILITIES (ADA) COMPLIANCE NCE Each party agrees to use good faith, efforts to ensure that it complies with its obligations under the americans with Disabilities Act and the act's accompanying regulations and guidelines (collectively the"AaA'j, Each party further agrees to indemnify and hold the other party harmless from and against any and all claims and expenses, including attorneys' fees and litigation expenses, that may be incurred by or asserted against the other party or its officers, directors, agents, and employees on the basis of the indemnifying party's non-compliance with any of the provisions of the ADA. Client agrees to provide Hotel with reasonable advance notice about the special needs of any attendees of whom City of Round Rock is aware. RCE MA3EURE Neither party shall be liable in damages for any default in performing hereunder if such default is caused by conditions beyond its control including, but not limited to (a) acts of God, (b) acts of terrorism that directly prevent travel to Hotel, (c) Government restrictions that directly prevent travel to Hotel, (d) epidemic or disease rendering warnings and advisories by the World Health Organization (WHO)and the Centers for Disease Control (CDiC) that directly prevent travel to Hotel and/or(e)any other cause beyond the control of the applicable party that prevents forty-five (45%) percent or more of the expected participants from travelling to the Hotel. INDEMNIFICATION Each party to this agreement shall indemnify, defend and hold harmless the other party and its officers, directors, agents, employees and owners from and against any and all demand's, claims, damages to persons or property, losses and liabilities, including reasonable attorney fees(collectively, "Claims"), to the extent arising out of or caused by the negligence or willful misconduct of any person or entity for whom the indemnifying party is legally responsible in connection with the provision of goods and services and use of Hotel as contemplated by this Agreement. This paragraph shall not waive any statutory limitations of liability available to either patty, including innkeeper's limitation of liability laws, nor shall it waive any defense either party may have with respect to any Claire. MISCELLANEOUS The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This contract shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Texas and Texas Courts. Hotel and Client have agreed to and have executed this agreement by their authorized representatives as of the dates indicated below. This Agreement(including any attachments) constitutes the entire agreement between Hotel and Client, All prior verbal or written communications between Hotel and Client shall be of no effect or evidentiary value. This agreement may be altered or modified only in writing signed by the parties hereto. ACCEPTANCE This document is a contingent offer of a contract. It is contingent on the Hotel space and services described herein being open and available on the date Hotel receives the executed contract from Client. Client shall have the first option to contract the space and services until April 5, 2024 unless notified otherwise by Hotel. After April 5, 2024, this contingent contract will become a second option with the space and services herein being made available to other clients on a first come-first served basis. This document becomes a binding contract between Hotel and Client when the Client returns a properly executed copy to Hotel and Hotel executes the contract as well. A fully executed contract will be sent to Client to confirm the contract is in place, Kalahari Resorts&Conventions CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,Tx 78665 / Phone (512)501-3493 BIN 6� " RImf%'w A L A '1', r City of Round Rock April 30, 2024 Page 6 of SIGNATURES Approved and authorized by City of Round Rock. Name: Title w g Signature C9ate. Approved and authorized Y Hotel': � � _---------- Name: Title. r �, � ��..� t'l�"" w r2.��.-Ick- �� G•/ Signature: Date: Please n this greement and return it to the address below by Friday, April , 2024. A countersign ed copy will be returned to you upon receipt. BILLING CONTACT if the final bill for this event should be sent to a person other than the signatory listed above, please provide contact information for that billing contact below: (All fields are required, if the billing contacted is the same as the person listed above, please list"SAME" in each text box, or duplicate the information listed above.) Name Title: Billing Address: 2 —�.__ Bill' Cityf State,: Phone number: Email Address: 0 Kalahari Resorts&Conventions CLIENT INMALS 3001 Kalahari Blvd, Round Rock, TX 78665 Phone(512) SOL-3493Ai' W` A, City of Round Rock April 30, 2024 Page 7 of Kalahari RESORTS & CREDIT CARD AUTHORIZATION FORM To: Kalahari Resorts & Conventions: I, (Name on Credit Card) Authorize the Kalahari Resorts &Conventions to charge to my credit card for the full amount of all estimated charges .r. 15% (to cover late additions) incurred for the function to be held on (Function Date). Please note it is your responsibility to notify your bank of this charge to accommodate the charge due to limit or daily restrictions. Group/Organization Name! Credit Card Billing Zip Code Credit Card Type: Credit Card last 4 digits: Expiration Date: Cardholder's Signature: Kalahari Resorts&Conventions CLIENT INITIALS 3101 Kalahari Blvd, hound mock, TX 78665 Phone(512) 501-3493 wwvr.kalal�a�irsc�rl .roor� ; K A L A " " AP