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CM-05-09-166round rock 0 ROUND ROCK INDEPENDENT SCHOOL DISTRICT FACILITY USE AGREEMENT 012 05-06 PARK AND RECREATION : BASKETBALL ( CITY OF ROUND ROCK ) CONTACT NAME: JENENE UHRIG TITLE: ATHLETIC SUPERVISOR EMAIL ADDRESS: JJEFFRIES CAROUND-ROCK.TX.US 301 BAGDAD, STE 250 ROUND ROCK, Tx 78664 PHONE: 218-5540 x362 AUTHORIZED REPRESENTATIVE: JIM NUSE TITLE: CITY MANAGER \' agreement is a license to use certain facilities of the Round Rock Independent School District (RRISD) described on Exhibit A during the times, for the purpose and upon consideration of the performance of the conditions set out herein and the payment of certain fees all is set out on Exhibit A. Liability Insurance is described on Exhibit B under the requirements of RRISD's GKD (regulation) policy. The undersigned User understands that RRISD facilities are reserved each day and at all times for use by RRISD students, per Board Policy GKD (See Attachment Exhibit "C"), and the User is granted only a license to use the facilities set out on Exhibit A for such a period as the facility is not scheduled for use by RRISD. Conditions of granting license for use: 1. User agrees to use the facility at the times, for the purpose and to meet all RRISD requirements set out herein and on Exhibit A and to the payment of the fee set out on Exhibit A. 2. Use of RRISD facility is conditioned upon the requirements set out in policies and regulations of RRISD governing facility use, each of which policy and regulation is incorporated in this license agreement. 3. User agrees to comply with all applicable policies and regulations of RRISD and laws and regulations of the State of Texas and of the United States. 4. Limitations on RRISD responsibility: a. Each RRISD facility is licensed for use in its current AS IS, WHEREAS condition, subject to all faults and defects, whether known or unknown to RRISD or User. b. Interruption or loss of use of the RRISD facility based on such events as adverse weather, loss of utilities, acts beyond the control of RRISD, negligence or other action or inaction by RRISD or its officers and employees or other similar causes shall not cause any liability to RRISD other than a refund of any fees paid to RRISD for use of the facility at the time an -05 09 - IL/ Lp /1 1M 0% ex. 1-1 1 scheduled, subject to a deduction by RRISD for expenses actually incurred prior to the interruption or loss of use. 5. Only the uses permitted by RRISD in this agreement shall be conducted on the RRISD facility. The User may bring in only the personal property (such as lights, sound systems, sports equipment, food, beverages, and other similar items) specifically permitted by RRISD. 6. If required by RRISD, User will at its cost provide security personnel approved in advance by RRISD to provide for security and safety of persons during the use of the RRISD facility. 7. In the event User cancels the use of the facility, User will be entitled to a refund of fees paid for the planned use if such cancellation is received 48 hours prior to the planned event in writing unless the User's reservation has resulted in RRISD declining to make available the facility for other uses. To the extent that RRISD has lost revenue because of being unable to license the use of the facility, no refund will be granted. If RRISD has incurred expenses, the expense incurred will be deducted before any fees are refunded. 8. In the event that The District cannot secure the custodial staff necessary for the use of the facility, RRISD reserves the right to cancel the existing contract with a 60 day notice. 9. User will indemnify and hold harmless the Round Rock Independent School District and its officers, agents and employees from all claims, causes of action and judgments for the injury or death of any person in the damage to property that arise, directly or indirectly, from the intentional or negligent act or omission of User or the officers, agents, employees, guests and invitees of User during the use or occupancy of RRISD facilities by User. See Liability Insurance attachment "B" Accepted by Authorized Representative: Jim Nuse Date: Accepted by RRISD Representative: Ed Sevcik Date: