CM-2017-1378 - 5/5/2017CITY OF ROUND ROCK
MULTI-PURPOSE SPORTS COMPLEX
TERMS OF USE
By execution of this City of Round Rock Multi -Purpose Sports Complex ("Multi -Purpose
Sports Complex") Terms of Use (the "Terms of Use") by Concordia University Texas, the
undersigned referred to herein as "Licensee," Licensee, in consideration for Licensee being
allowed to use all or a portion of the Multi -Sports Complex 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 that portion of the Multi -Purpose Sports Complex described in the reservation,
incorporated herein for all purposes, (the "Premises") on the dates and at the times as indicated
in reservation (the "Lase Period") for the rental rates stated below fnr the following express
purposes and no other purpose: Soccer Games (the "Use"). Space within the Premises may be
reassigned with the mutual consent of the Licensee and the Sports Management & Tourism
Department designee (the "SM & TD designee").
2.01 RENTAL; PAYMENT; CANCELLATION
A. Rental. Licensee shall pay the City for the use of the Premises the amount listed on
your invoice(s) (the "Rental Amount"). The Rental Amount shall be paid to the City
as directed by the SM & TD designee. Under no circumstances shall Licensee sublet
the premises during the Use Period.
B. Payment. Unless the SM & TD designee agrees in writing to some other schedule of
payment, the Rental Amount shall be paid as follows:
(a) $250 non-refundable deposit, or full amount if less than $250, paid on the date
that Licensee submits an executed copy of these Terms of Use.
(b) Remaining Rental Amount paid monthly, 30 days before the initial portion of the
Event Period (e.g. payment, for all rentals in June, is due on the last business day
of May).
C. Cancellation. In the event that only a portion of the Use Period is cancelled, all
refunds under this section shall be prorated. In the event of cancellation by Licensee,
the Rental Amount actually paid shall be refunded as follows:
(a) 100% reftind less $50 administrative fee if cancelled more than 30 days prior to
the Use Period, or cancelled portion thereof.
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(b) 50% refund if cancelled between 30 and 15 days prior to the cancelled Use
Period, or cancelled portion thereof.
(c) No refund if cancelled less than 15 days prior to the Use Period, or cancelled
portion thereof.
The City reserves the right to cancel the Licensee's right to use the Premises with or
without cause. This shall include for weather conditions, scheduling conflicts, and/or field
conditions. In the event of cancellation by the City without cause, the Rental Amount actually
paid by Licensee shall be returned to Licensee. If the City cancels Licensee's right to use the
Premises due to default by Licensee, the City shall retain all amounts paid as liquidated damages.
3.01 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.
4.01 INDEMNITY
To the extent as permitted by law and the constitution of the State of Texas, licensee shall
indemnify, defend, and hold harmless the City and Multi -Purpose Complex from liabilities, suits,
claims or expenses caused by or resulting from thenegligence, omissions, or intential acts of the
licensee, its agents, faculty, or employees pursuant to this agreement. This provision
nothwithstanding, nothing herein shall be construed to limit or impair the licensee's rights and
defenses available under the doctrine of sovereign immunity.
To the extent as permitted by law and the constitution of the State of Texas, the City and
Multi-purpose Complex shall indemnify, defend, and hold harmless, the licensee, its agents,
faculty, employees and students from liabilities, expenses, attorney's fees, suits or claims for
damages or injury caused by or resulting from the negligence omissions, or intentionals acts of
the City and Multi -Purpose Sports Complex's personal. This provision notwithstanding, nothing
herein shall be construed to limit or impair the City and Multi -Purpose Sports Complex's rights
and defenses available under the doctrine of governmental immunity.
5.01 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 SM & TD designee, 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.
6.01 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 if any) Concordia University
By:
Printed Name and Title: Kristi Kirk, Executive VP / Provost
Date Signed:
11-21-1-1
CITY OF R UND ROCK
By:
Laurie Hadley, City Manager
Date:'�Ff
City of Round Rock
RROUN1 ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Terms of Use Agreement for Concordia University
of Texas to use the City's Multi -Sports Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/5/2017
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: LAF, Agreement
Department: Sports Management and Tourism
Text of Legislative File CM -2017-1378
Consider authorizing a Terms of Use Agreement for Concordia University of Texas to
use the City's Multi -Sports Complex.
Concordia University of Texas will rent fields at the Multi -Sports Complex for soccer
games.
City of Round Rock Pape f Printed on S/4 O17