CM-2014-619 - 12/5/2014City of Round Rock
PO�q-r—m ` Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Orthopaedic Associates of
Central Texas related to use of space at the Round Rock Sports Center.
Type: City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
12/512014
Dept Director:
Chad McDowell, General Services Director
Cost:
Indexes:
Attachments:
Agreement, LAF
Department:
General Services Department
Text of Legislative File CM -2014-619
Orthopaedic Associates of Central Texas shall be permitted to use and occupy a portion of
the Sports Center on the dales and at the times as agreed upon by the Licensee and the
City during the Sports Center hours of operation.
Staff Recommends Approval
Cost: $14,400.00 yearly paid by Licensee
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LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Sports Center
Project Mgr/Resource: Evan Sanders
r—lcouncil Action:
ORDINANCE
City Manager Approval
Project Name: License Agreement
ContractorlVendor: NIA
RESOLUTION
CMA Wording
Consider executing a License Agreement with Orthopaedic Associates of Central Texas related to use of space at the Round
Rock Sports Center.
Attorney Approval
Attorney
Date / � 12�/ y
O:\wdox\SCClnts\0135\1401\CONTRACT\00314387.XLS Updated 6/3/08
CITY OF ROUND ROCK
SPORTSCENTER
By execution of this City of Round Rock Sports Center Terms of Use (the "Terms of
Use") by Orthopaedic Associates of Central Texas, the undersigned referred to herein as
"Licensee," Licensee, in consideration for Licensee being allowed to use all or a portion of the
City of Round Rock Sports Center ("Sports Center") owned by the City of Round Rock, Texas
(the "City"), Licensee agrees that the following terms, conditions and obligations apply to such
use.
1.01 LICENSED PREMISES.
Subject to the terms and conditions of these Terms of Use, Licensee shall be permitted to
use and occupy a portion of the Sports Center (the "Premises") on the dates and at the times as
agreed upon by the Licensee and the City during the Sports Center's hours of operation (the "Use
Period") for the fees stated below for the following express purposes and no other purpose:
Athletic trainine & related services for users of the Snorts Center (the "Use"). Licensee shall not
use or allow the Premises to be used for a purpose or in a manner that is unlawful, illegal, or
likely to cause damage to the Premises. Space within the Premises may be reassigned with the
mutual consent of the Licensee and the Round Rock Sports Center General Manager ("GW ).
2.01 LICENSE FEE; CANCELLATION
License Fee. Licensee shall pay the City for the use of the Premises the amount of 1200
per month (the "License Fee") for the Use Period, payable in advance of each monthly period on
the 1 s' day of the month, totaling $14.400. The Use Period shall commence on October 1, 2014
and shall terminate on October 1, 2015. The License Fee shall be paid to the Cityas directed by
the GM.
Cancellation. The City reserves the right to cancel the Licensee's right to use the
Premises with or without cause. ht the event of cancellation by the City without cause, the
License Fee actually paid by Licensee shall be returned to Licensee on a prorated basis. If the
City cancels Licensee's right to use the Premises due to default by Licensee, the City shall retain
all License Fees paid as liquidated damages.
3.01 EQUIPMENT
The City agrees to provide the following equipment to during the Use Period at no
additional cost to the Licensee:
1. A room in the Sports Center for use as a training room;
2. Training tables;
3. A storage mom; storage cabinets and storage cupboards;
4. Sinks; and
5. Access to a restroom facility.
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4.01 DAMAGED PROPERTY AND CLEANUP
Licensee shall pay all costs to repair any and all damages to the Premises or other City
property during the Use Period. Licensee shall be barred from entering into any subsequent
agreement for use of the Premises, or any other City facility, unless and until Licensee has paid
the City in full for any damages or non -routine cleaning costs.
5.01 ALTERATIONS
Licensee shall not alter any portion of the Sports Center without the written consent of
the GM.
6.01 INDEMNITY
Licensee shall defend (at the option of City), indemnify, and hold City harmless, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
claims, and costs arising out of, concerning, or resulting from Licensee's use of the Premises.
7.01 INSURANCE
Licensee shall obtain and maintain throughout the Use Period the insurance coverage
described in this Section. At least sixty (60) days prior to the commencement of the Use Period,
Licensee shall provide to GM an insurance certificate acceptable to the City reflecting such
insurance policies. Licensee shall not cause or permit any insurance policy to lapse or be
cancelled prior to or during the Use Period. Licensee shall pay all premiums, deductibles and
self-insured retentions, if any, stated in the policies. The City, its officials, employees and agents
shall be named as additional insured on all coverage required by this Section. Licensee shall
obtain and maintain the following insurance coverage:
Commercial general liability insurance with a minimum combined single limit of
$1,000,000 per occurrence and a minimum $1,000,000 aggregate including
products and completed operations and contractual liability coverage. Fire legal
liability must be included with minimum limits of $50,000.
2. Comprehensive business automobile liability insurance with a minimum
combined single limit of $500,000 including coverage for all owned, non -owned
and hired autos.
Only insurance written by a company with an AM Best rating of no less than a B+ VII and in
good standing with the Texas State Board of Insurance shall be acceptable to the City.
8.01 RELATIONSHIP
Licensee is not an employee of the City. Licensee's employees or subcontractors are not
the City's employees. This Agreement does not create a partnership, employer-employee, ajoint
venture relationship, or a landlord -tenant agreement. No party has the authority to enter into
contracts as agent for the other party.
9.01 MATTERS NOT COVERED
Any decision concerning a matter not specifically covered by these Terms of Use shall
rest solely within the reasonable discretion of the GM, acting by and on behalf of the City.
Licensee expressly agrees to be bound by any Hiles and regulations adopted by the City
pertaining to the Sports Center, whether adopted before or after the execution of these Terms of
Use. The Terms of Use 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 and
conditions herein, exclusive venue shall lie within Williamson County, Texas.
10.01 WARRANTY OF AUTHORITY
Licensee warrants and represents that the person signing these Tema of Use on its behalf
has been duly authorized and empowered to do so, that it has taken all action necessary to
approve these Terms of Use, and that these Terms of Use are a lawful and binding obligation of
Licensee.
IN WITNESS WHEREOF, Licensee executes these Terms of Use and agrees to be bound by
them regarding Licensee's use of the Premises.
LICENSEE:
Entity Name 'any): r91 i, + dc'h- !e P/1,
By:
P' N Title:wn
Date Signed: IAS%br�
CITY OF�2OUND ROC
By //�'
Laurie Hadley, City Manager
Date:
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