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CM-2025-096 - 4/18/2025 City of Round Rock May 7, 2025 Page 1 of 8 Printed: April 14, 2025 Sales Manager: Naomi Mason Kalahari Resorts &Conventions 3001 Kalahari Blvd, Round Rock,TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com EVENT CONTRACT DESCRIPTION OF EVENT The following represents an agreement between KR Acquisitions LLC, dba Kalahari Resorts & Conventions, hereinafter referred to as "Kalahari Round Rock" and City of Round Rock hereinafter referred to as "Client" and outlines specific conditions and services to be provided for an event to be held at Kalahari's Round Rock, Texas resort and convention center, hereinafter referred to as "Res". 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 E-mail madams@roundrocktexas.gov NAME OF EVENT: City of Round Rock Employee Appreciation Luncheon OFFICIAL PROGRAM DATES: May 7, 2025 CONCESSIONS The Kalahari Resorts &Conventions is pleased to include the following: • Complimentary non-dedicated WiFi in guest rooms and convention center • Complimentary Self Parking • Custom $35 Lunch Menu (Before service charge) • Complimentary Iced Tea Service • Waived Room Rental • Complimentary Stage and Podium, within Hotel Inventory 2CLS - C (� Kalahari Resorts&Conventions -r�'7'lG�, CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 l�/1� Phone(512) 501-3493 •www.kalahariresorts.com }; 1 WELCOME TO KALAIIARI City of Round Rock May 7, 2025 Page 2 of 8 FUNCTION INFORMATION AGENDA/EVENT AGENDA Based on the requirements outlined by Client, the Kalahari has reserved the function space set forth on the below Function Information Agenda/Event Agenda. Banquet and Meeting Room assignments are based on the anticipated number of guests. The Kalahari reserves the right to re-assign alternate meeting space equivalent to originally contracted event space and/or proportionate to your guarantee. Date Time Event Class Event Space AGR Rental Wed,05/07/25 12:00 AM-3:00 PM Room Hold Event Barn 600 $0.00 Wed,05/07/25 12:00 AM-11:59 PM Bad Weather Kalahari Salon E 600 $0.00 Backup Wed,05/07/25 12:00 AM-11:59 PM Room Hold Event Lawn 600 $0.00 Wed,05/07/25 11:00 AM-2:00 PM Lunch Event Barn 600 $0.00 Wed,05/07/25 12:00 PM-1:00 PM Other Event Barn 600 $0.00 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. All prices 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 $16,500.00 associated with the event excluding service charge and sales tax. Client and Kalahari agree that if Client fails to purchase this minimum, the difference will be added to the Master Account. 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 form of additional meeting room rental. OUTSIDE FOOD AND BEVERAGE POLICY No outside food or beverage is permitted in resort function rooms, common areas or other public areas. It is the duty of the Client to enforce this provision, and gross disregard for this policy may subject Client to monetary damages, including a service charge regardless of whether Resort staff services were necessary, and the right of Kalahari to cancel this and any future event of Client at this or any other Kalahari Resorts &Conventions location. Client hereby waives any claim for damages of any kind if Kalahari exercises its right to cancel hereunder. LIQUOR LICENSE Client understands that Kalahari's liquor license requires that beverages only be dispensed by Kalahari employees or bartenders. Alcoholic beverage service will be denied to those guests who appear to be intoxicated or are under age. SECURITY Kalahari cannot ensure the security of, and is not responsible for, items left unattended in function rooms. If your event requires additional security, with respect to such items or otherwise (as may be reasonably determined by either party), Kalahari may be able to provide security at an additional cost to Client. At the discretion of the resort, additional security may be required at the group's expense. All third-party security requires advanced Kalahari approval. in writing. All 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 Kalahari caused by Client or its officers, directors, agents, employees, subcontractors, licensees, or attendees shall be paid for by Client at the actual or estimated cost of repair, normal wear and tear excepted. Kalahari Resorts&Conventions CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 Phone(512) 501-3493 •www.kalahariresorts.com }; I WELCOME TO City of Round Rock May 7, 2025 Page 3 of 8 INSURANCE The Kalahari and the Client shall obtain and maintain insurance 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. For events that do not pose unusual risks, Kalahari will not normally require proof of such insurance. Although Kalahari can typically host events which post unusual risks, all such events need to be agreed to in writing. Client should not assume that Kalahari will host any unusual event unless it is agreed to IN WRITING. If Kalahari determines that such event requires proof of insurance, then the parties must enter into an addendum to this contract that requires that Kalahari and related parties be named as additional insured on Client's insurance policies. USE OF OUTSIDE VENDORS If Client wishes to hire outside vendors to provide any goods or services at Resort during the Event, Kalahari may, in its sole discretion, require that such vendor provide upon request, in form and amount reasonably satisfactory to Kalahari, an indemnification agreement and proof of adequate insurance in which Kalahari and related parties are named as additional insureds. 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 faxing a copy of the group's tax-exempt certificate. Without a valid Texas tax-exempt certificate on file, Client will be charged all state, county and local sales and hotel taxes. DIRECT BILL OPTION Direct Bill Approved. MASTER ACCOUNT METHOD OF PAYMENT Should the Client elect not to be considered for direct bill or direct billing is not approved, the payment of anticipated charges on the Master Account is due no later than 14 business days prior to arrival. The following method of payment will be used as payment method for Master Account charges: Direct Bill 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 18, 2025 and will be credited toward the Master Account. Kalahari Resorts&Conventions CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 Phone(512) 501-3493 •www.kalahariresorts.com ', . gi WELCOME TO KALAAR City of Round Rock May 7, 2025 Page 4 of 8 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 Kalahari and Kalahari would be harmed. The date of Cancellation will be considered to be the date that written notification is received by Kalahari via electronic transmission or otherwise. Because Kalahari's harm (and Client's obligation to compensate Kalahari for that harm) is likely to increase if there is a delay in notifying Kalahari of any Cancellation, Client agrees to pay $14,025.00 The parties agree that these damages are a fair and reasonable estimation of Kalahari's loss as a result of cancellation. Provided that Client timely notifies Kalahari of the Cancellation and timely pays the above liquidated damages, within 30 days, Kalahari agrees not to seek additional damages from Client relating to the Cancellation. Kalahari 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 or any other Kalahari Resorts & Conventions location. If there is an unpaid balance due from any past event, Kalahari may cancel at any time up to and including the first day of the Official Program Dates. Client hereby waives any claim for damages of any kind if Kalahari 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 lanes. For pricing contact Bree O'Neal, Waterpark&Tom Foolery Sales Manager at 512.582.3455. LATE PAYMENT If any amounts owed under this contract are not paid in full when due, Client and personal guarantor, if any, agree as follows: (1) to pay a finance charge of 11/2°A) per month (18.0% per annum), or the maximum allowed by law, whichever is less, on the unpaid balance from the date of original invoice, (2) to pay all costs of collection, including actual attorney's fees, and (3) that Kalahari may cancel future event contracts of Client without notice and without penalty. CHANGES,ADDITIONS, STIPULATIONS, OR LINING OUT Any changes, additions, stipulations or deletions including corrective lining out by either Kalahari 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 WITH LAW This contract 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 Kalahari agree to cooperate with each other to ensure compliance with such laws. Kalahari Resorts&Conventions 14 CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 Phone(512) 501-3493 •www.kalahariresorts.com gi WELCOME TOeiL City of Round Rock May 7, 2025 Page 5 of 8 POLICIES AND PROCEDURES Client is subject to the terms of this contract, and all policies and procedures governing guests of the Resort, including those listed at:tx-policies-and-procedures-020122.pdf(kalaharimeetings.com) and www.KalahariMeetings.com. Kalahari reserves the right to modify or update its policies and procedures from time, effective upon posting an updated version on its website. In the event of any conflict between this contract and the policies and procedures, the terms of this contract shall prevail. A Timeline Of Key Deadlines For Planning for Your Event Activity Deadline Resort Contact Submit general outline of your meeting including all events, room set 60 days prior to arrival 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 (BEO)form for each event signed by Client 14 days prior to arrival Catering Manager Food and Beverage guarantees due for each meal and break event 72 hours prior to arrival Catering Manager AMERICANS WITH DISABILITIES ACT(ADA) COMPLIANCE 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"ADA"). 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 parry's non-compliance with any of the provisions of the ADA. Client agrees to provide Kalahari with reasonable advance notice about the special needs of any attendees of whom City of Round Rock is aware. FORCE MAJEURE 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 Kalahari Round Rock, (c) Government restrictions that directly prevent travel to Kalahari Round Rock, (d) epidemic or disease rendering warnings and advisories by the World Health Organization (WHO) and the Centers for Disease Control (CDC) that directly prevent travel to Kalahari Round Rock 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 traveling to Kalahari Round Rock and/or (f) any circumstance that makes it illegal or impossible to provide or use the Resort facilities. INDEMNIFICATION Each party to this contract shall indemnify, defend and hold harmless the other party and its officers, directors, agents, employees and owners from and against any and all demands, 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 Kalahari Round Rock as contemplated by this contract. This paragraph shall not waive any statutory limitations of liability available to either party, including innkeeper's limitation of liability laws, nor shall it waive any defense either party may have with respect to any Claim. Client will accept full responsibility for any loss or damages resulting from any action or omission of their attendees in connection with group activities. Kalahari is not responsible for any loss or damage, no matter how caused, to items left unattended. Kalahari Resorts&Conventions "6114CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 Phone(512) 501-3493 •www.kalahariresorts.com . WELCOME TOtj City of Round Rock May 7, 2025 Page 6 of 8 MISCELLANEOUS The provisions of this contract 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. Kalahari and Client have agreed to and have executed this contract by their authorized representatives as of the dates indicated below. This contract (including any attachments) constitutes the entire agreement between Kalahari and Client. All prior verbal or written communications between Kalahari and Client shall be of no effect or evidentiary value. This contract may be altered or modified only in writing signed by the parties hereto. CORPORATE SOCIAL RESPONSIBILITY Kalahari Resorts&Conventions has pledged 50 million dollars to bring clean water to one million people throughout Africa. By choosing to hold your event at Kalahari, you are helping to support our mission to work toward ending the global water crisis. We invite your organization to partner with us. Our team is happy to guide you through ways you can incorporate this initiative into your event or by making a tax-free donation to The Water Colors Life Project. ACCEPTANCE This document is a contingent offer of a contract. It is contingent on the Kalahari space and services described herein being open and available on the date Kalahari receives the executed contract from Client. Client shall have the first option to contract the space and services until April 18, 2025 unless notified otherwise by Hotel. After April 18, 2025, 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. SIGNATURES Approved and authorized by City of Round Rock. Name: &Nis 8erifie_t_ Title: 1. Ma Gr Signature:_ Date: c 1i[� �I i4 f 26 1�J Approved and authorized by Kalahari: Name: Brad Lyles Title: Area Director of Sales Signature. Ante: Please sign this agreement and return it to the address below by Friday,April 18, 2025. A countersigned copy will be returned to you upon receipt. Kalahari Resorts&Conventions 'lid Y� CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 V 1 Phone(512)501-3493 •www.kalahariresorts.com 1 ,; 1 ii WELCOME TO KAL ItiVic City of Round Rock May 7, 2025 Page 7 of 8 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: / c 6 l Q 'f . Title:A nii/1;Si1' i'iitt 3p!_Gc is1 Billing Address: 221 C=. MG S ez1 Billing City, State, Zip:_ Found Rod, ry 78(evi Phone number: 5/2 —i/T-2G° Email Address: h(91ll c �rothnalrixik- w .goy Kalahari Resorts&Conventions tle CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 Phone(512) 501-3493 •www.kalahariresorts.com1.0 I s• 1 WELCOME TO KALtit City of Round Rock May 7, 2025 Page 8 of 8 Kalahari. RESORTS Sc CONVENTIONS 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 + 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 I�1 CLIENT INITIALS 3001 Kalahari Blvd, Round Rock,TX 78665 /� Phone(512) 501-3493 •www.kalahariresorts.com / 1, WELCOME TO KAL . ,; - I '1