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CM-2015-897 - 9/18/2015CITY OF ROUND ROCK SPORTS CENTER LICENSE AGREEMENT By execution of this City of Round Rock Sports Center Terms of Use (the "Terms of Use") by Orthoaaedic 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 terns, 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 training & related services for users of the Sports 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 ("GM"). 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 I" day of the month, totaling $14,400. The Use Period shall commence on October 1, 2015 and shall terminate on September 30, 2016. The License Fee shall be paid to the City as directed by the GM. Cancellation. The City reserves the right to cancel the Licensee's right to use the Premises with or without cause. In 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 room; storage cabinets and storage cupboards; 4. Sinks; and 5. Access to a restroom facility. Crh-a�l5-��'1 00312073/ss2 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: 1. 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, a joint 2 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 rules 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 Terms 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) :l �d ��?�D,c ups �`r,.v►�o'% �-, P n - 0. viej I Xly CITY OF ROUND ROCK Bv: Laurie Hadley, City Manager Date: 3 CITY OF ROUND ROCK SPORTS CENTER LICENSE AGREEMENT 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 training & related services for users of the Sports 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 ("GM"). 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' day of the month, totaling $14,400. The Use Period shall commence on October 1, 2015 and shall terminate on September 30, 2016. The License Fee shall be paid to the City as directed by the GM. Cancellation. The City reserves the right to cancel the Licensee's right to use the Premises with or without cause. In 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 room; storage cabinets and storage cupboards; 4. Sinks; and 5. Access to a restroom facility. 00312073/ss2 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: 1. 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, a joint 0 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 rules 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 Terms 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 LN i Date Signed: $} 2(-'Z6 CITY)F ��UND ROCK By. fljCff�)��^�� —P'aLG Laurie Hadley, City .[Manager Date: 9 • 4. M PA.