CM-2025-147 - 5/30/2025 CITY OF ROUND ROCK
SPORTS CENTER
REVENUE SHARING AGREEMENT
THE STATE OF TEXAS §
§
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT is entered into on the 3) day of Airy 20 n(the"Effective Date"
by the City of Round Rock,Williamson County,State of Texas,a home-rule municipal corporation
(the "City"), located at 221 East Main Street, Round Rock, Texas 78664, and Magic Basketball
Club, Inc. ("Magic"), located at 11605 Faubian Lane, Austin, Texas 78717.
WHEREAS, the City owns, and operates the Round Rock Sports Center ("RRSC"),
located at 2400 Chisholm Trail Drive, Round Rock, Texas, for various sports and recreational
events and activities; and
WHEREAS,Magic is in the business of offering basketball camps and programs; and
WHEREAS, the City wishes to hold basketball camps and programs at the RRSC; and
WHEREAS, the parties desire to enter into a revenue sharing agreement for basketball
camps and programs at the RRSC based upon the terms set forth below;
NOW THEREFORE, in consideration of the terms, conditions and covenants herein
contained,the parties agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The recitals set forth above are true and correct and incorporated into this Agreement.
SECTION 2. EFFECTIVE; TERM
1. The term of this Agreement shall commence on the Effective Date and continue
through the 31st day of December 2025 ("Expiration Date").
2025 RevShare Agree(Magic Basketball)4859-3453-8191 v.1
Magic Basketball—2/6/2025
Cm-275-- Hi
SECTION 3. TERMS AND CONDITIONS
1. The City, through the RRSC, shall:
(i) Manage the registration process, specifically, the enrollment, all
communications between RRSC and participants, payment processing and
the management of staff.
(ii) Promote and market programs through the RRSC social media, website,
email lists, and the City's newsletter.
(iii) Provide court space for programs.
(iv) Provide necessary equipment (list of equipment to be decided on by both
parties).
2. Magic shall:
(i) Provide coaches and trainers for all camps/programs.
(ii) Maintain proper 8-to-I ratio for all camps/programs.
(iii) Provide curricula for all camps/programs.
(iv) Assist in the promotion of programs through Magic outlets (email lists,
social media, and flyers).
3. All revenue generated from the operation of any basketball camps and programs at
the RRSC shall be shared between the parties as set forth herein. All revenue shall be paid directly
to the City. The City shall account for all revenue and shall distribute to Magic Thirty percent
(30%) of the revenue generated from Training Academy and Thiry Five percent (35%) of the
revenue generated from Youth Camps in a timely manner.
4. All costs incurred in the operation of basketball camps and programs shall be shared
equally between the parties. All costs in addition to costs specifically referenced in this
Agreement, shall be mutually agreed upon by the parties prior to any expenditures.
SECTION 4. INDEMNIFICATION
Magic shall indemnify and hold the City harmless from and against all suits,actions, legal
proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other
costs or fees arising out of, or incident to, concerning or resulting from the negligence of Magic.
Nothing herein shall be deemed to limit the rights of the parties (including but not limited to the
right to seek contribution) against any third party who may be liable for an indemnified claim.
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SECTION 5. TERMINATION
1. Termination for Convenience. Each party shall have the right to terminate this
Agreement for convenience and without cause,after giving the other party ninety(90)days written
notice.
2. Termination for Default. If any party breaches any of the terms and conditions
of this Agreement and fails to rectify such default in accordance with a written notice from a non-
defaulting party within ten (10)days after the date of such notice (or a longer period if all parties
agree to same in writing), a non-defaulting party may terminate this Agreement at any time
thereafter.
SECTION 6. COMPLIANCE WITH LAWS,RULES AND REGULATIONS
1. Magic,its agents,and employees shall use best efforts to comply with all applicable
federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and
with all applicable rules and regulations promulgated by local, state and national boards, bureaus
and agencies.
2. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of Magic
verifies Magic does not boycott Israel and will not boycott Israel at any time during the term of
this Agreement.
SECTION 7. FORCE MAJEURE
The failure of the City to perform its obligations under this Agreement shall be excused to
the extent,and for the period of time, such failure is caused by the occurrence of an event of Force
Majeure. Force Majeure shall mean acts and events not within the City's control, and which the
City has been unable by the exercise of due diligence to avoid or prevent. Events of Force Majeure
include,without limitation:Acts of God; strikes, lockouts, or other industrial disputes; inability to
obtain material, equipment or labor; epidemics, civil disturbances, acts of domestic or foreign
terrorism, wars within the continental United States, riots or insurrections; landslides, lightning,
earthquakes, fires, storms, floods or washouts; arrests and restraint of rulers and people;
interruptions by government or court orders; declarations of emergencies by applicable Federal,
State, or local authorities; present or future orders of any regulatory body having proper
jurisdiction and authority; explosions; and breakage or accident to machinery.
SECTION 8. APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement 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,
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exclusive venue for same shall lie in the courts of Williamson County, Texas. These Terms of
Use shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
SECTION 9. DISPUTE RESOLUTION
Magic hereby expressly agrees that no claims or disputes between Magic and the City
arising out of or relating to this 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 statute.
SECTION 10. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way
affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void.The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Agreement from being void should a
provision which is of the essence of this Agreement be determined void.
SECTION 11. ASSIGNMENT AND DELEGATION
Magic hereby binds itself, its successors, assigns and legal representatives with respect to
this Agreement,and shall not assign, sublet or transfer any interest or rights under this Agreement
without prior written authorization of the City.
SECTION 12. NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
(1) When delivered personally to the recipient's physical or email address as stated below;
or
(2) Three(3)days after being deposited in the United States mail,with postage prepaid
to the recipient's address as stated below.
Notice to Magic:
Magic Basketball Club, Inc.
11605 Faubian Lane
Austin, Texas 78717
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Email: coachb@magic-basketbal1.com
Notice to City:
Laurie Hadley, City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
SECTION 13. NON-WAIVER
The City's acceptance of revenue or charges, or failure to complain of any action, non-
action or default of Magic, whether singular or repetitive, shall not constitute a waiver of any of
the City's rights unless the City expressly agrees in a separate written instrument supported by
independent consideration. The City's waiver of any right, or any default of Magic shall not
constitute a waiver of any other right or constitute a waiver of any other default or any subsequent
default. No act or omission by the City or the City's agents shall be deemed an acceptance or
surrender of the RRSC.
SECTION 14. ATTORNEY'S FEES
If the City is required to file suit to collect any amount owed it under this Agreement, the
City shall be entitled to collect reasonable attorney's fees, court costs and other expenses of
litigation if it prevails in such suit.
SECTION 15. ENTIRE TERMS
This Agreement constitutes the entire terms agreed upon by the parties and supersedes any
and all previous oral or written terms or representations between the parties. Magic agrees that
the City and its agents have made no representations or promises with respect to this Agreement,
• except as expressly set forth herein, and that no claim or liability or cause for termination may be
asserted by Magic against the City, and the City shall not be liable by reason of the breach of any
alleged representation or promise not expressly stated in this Agreement. This Agreement may
only be amended in writing signed by Magic and the City. Nothing in this Agreement gives or
shall be construed to give or provide, any benefit, direct or indirect,to any third party.
SECTION 16. WARRANTY OF AUTHORITY
Magic warrants and represents that the person signing this Agreement on its behalf has
been duly authorized and empowered to do so,that it has taken all action necessary to approve this
Agreement, and that this Agreement is a lawful and binding obligation of Magic.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter
indicated.
City of Round Rock,Texas Magic Basketball Club,Inc.
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By: By:
Printed Name: k) &mei t Printed Name: Tamie Felty
Title: &hi iovi r Title: Executive Director
Date Signed: 5/30/25 Date Signed: 05/16/2025
ATTEST:
By: 6/434/(04
Ann Franklin, City Clerk
For City,Approved as to Form:
By: /r_^,aoai;�i�/
Stephanie L. Sandre, City Attorney
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