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RES 1675 06/11/2024J or C/o r • TfXAS ,city of choice RESOLUTION NO: /6 -7s A RESOLUTION OF THE CITY OF CIBOLO, TEXAS, APPROVING A CONTRACT TEMPLATE FOR MULTI EVENT CENTER RENTALS; PROVIDING FOR REPEAL AND SEVERABILITY; DECLARING ADOPTION IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule municipality; and WHEREAS, the City owns a multi -use sports facility known as the "Multi Event Center"; and WHEREAS, the City Council considers it reasonable to create a Multi Event Center rental agreement template for use by the City to rent the Multi Event Center; and WHEREAS, the City Council had determined it is necessary to create a Multi Event Center rental agreement template for use by the City to rent the Multi Event Center; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. AUTHORIZATION. The City of Cibolo approves the Multi Event Center rental contract template provided in Exhibit "A". SECTION 2. PUBLIC PURPOSE. The City declares that both the rental of the Multi Event Center and the rental contract template are in the public interest. Page 1 of 3 SECTION 3. REPEALER. All resolutions and municipal orders in conflict herewith are repealed to the extent of such conflict. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be unconstitutional or illegal by final judgment of a court of competent authority, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and resolved all the remaining portions of this Resolution without the inclusion of such portion, or portions found to be unconstitutional or invalid. SECTION 5. OPEN MEETING COMPLIANCE. The City Council finds that the meeting at which this Resolution passed was conducted in compliance with the Texas Open Meetings Act. This Resolution shall take effect up( ORDERED on this IIth clay of Juni ATTEST: By: /yam Peggy Cimics, TRMC City Secretary mayor APPROVED AS TO FORM: / �A � n Hyde Kelley LP City Attorney Page 2 of 3 ATTACHMENT A MULTI EVENT CENTER RENTAL CONTRACT TEMPLATE Page 3 of 3 A OF c, ,� 8O r o Trxrs CITY OF CIBOLO MULTI EVENT CENTER USE AGREEMENT This MULTI EVENT CENTER USE AGREEMENT (the "Agreement") is made and entered into this date of 'by and between the CITY OF CIBOLO (the "City"), a Texas Home Rule City, acting by and through its duly authorized representative, herein called LICENSOR, and hereafter called LICENSEE. This Agreement is not effective until the date executed by all necessary representatives of the City, (the "Effective Date"). Until the Effective Date, this document merely constitutes Licensee's offer and application to use the Cibolo Multi Event Center (the "Facility"). Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows. I. That upon the terms and conditions expressed herein and in consideration of the covenants and agreements expressed herein and of the faithful performance by the Licensee of all such covenants and agreements, the Licensor does hereby grant unto the Licensee the right to use and occupy the following described space and premises located in the City of Cibolo, Texas, to wit: The Cibolo Multi Event Center, including athletic field, restrooms, and press box appurtenant thereto (the "Facility"), to be used for the purpose of: (the "Event") and for no other purpose without the written consent of the Licensor for a period commencing on at and ending on at including all periods for set-up, staging, decorating, rehearsal and cleanup by the Licensee (the "Use Period"), II. Licensee hereby covenants and agrees to pay Licensor, for the use of said Facility and all fees as established in the Fee Schedule. Payment of the total amount of said fees and any such additional charges shall be made as follows: 2.1. Fees Due. Use fees shall be paid at least ten (10) days prior to the first day of the Use Period. In the event Licensee fails to perform any of the obligations provided in this Agreement, any payments made will be forfeited. 2.2. Refundable Cleaning Deposit. Licensee shall pay the Refundable Cleaning Deposit, in the amount listed in the Fee Schedule, at least ten (10) days prior to the first day of the Use Period. y or c/B \ O T C x I'S "City of CWW 2.3. Additional Fees. Licensee further covenants and agrees to pay to Licensor on demand any and all sums which may be due to Licensor for additional services, accommodations or materials furnished to or loaned to Licensee as outlined in the Fee Schedule. Licensor reserves the right to refuse rental of facilities unless full payment is made as stipulated in this paragraph. 2.4. Fee Schedule. Licensee shall comply with requirements of the Fee Schedule which is attached hereto and incorporated as a part of this Agreement for all purposes. 2.5. Special Provisions. (None if left blank] 2.6. Payment Method. Payment shall be made by check, cashier's check, Visa, Master Card, or Discover. III. This Agreement is made and entered into upon the following express covenants and conditions: 3.1. Cancellation. In the event the Licensor cancels Licensee's event due, a full refund of all payments made may be issued at the discretion of Licensor. Licensee may cancel this contract during the period between the date of this Agreement and ten (10) days prior to the commencement of the Use Period in which case a refund of 50% of payment made shall be refunded. 3.2 Hours of Use. Licensor shall permit Licensee to peaceably and quietly have and enjoy the use of the Facility hereinabove specifically described for the purpose and the Use Period as stated above, and restroom conveniences customarily open to the general public. Licensor's activities can only occur during regular Facility hours (7 a.m. to 10 p.m. daily). 3.3. Clean Up. Licensee at Licensee's expense shall remove all trash, including but not limited to cans, bottles, food items, cigarette butts, decorations and place trash in designated trash receptacles. Any additional cleaning cost not covered by the Refundable Cleaning Deposit will be done at the Licensee's expense and Licensee shall be invoiced for the same. In the case any of the Facility is damaged by Licensee or their guests, repairs will be made at the Licensee's expense through the use of the Refundable Cleaning Deposit. In the case the repairs exceed the amount of the Refundable Cleaning Deposit; the remaining repairs will be at the Licensee's expense. 3.4. Facility Damage. In case the Facility covered by this Agreement, or the building of which such premises are part of are destroyed or damaged by fire or any other cause, or if any other casualty y°FC,0 r o TCxns YNy of Choice' or unforeseen occurrence or other causes herein specified shall render the fulfillment of this contract by Licensor impossible, then the term of this contract shall end and Licensee shall be liable to pay rent only up to the time of such termination and Licensee hereby waives and releases any claim for damages or compensation on account of such termination. 3.5. Right of Entry. Licensor, through its designated representatives, shall have the right at any time to enter any portion of the Facility hereinbefore described for any purpose whatsoever and the entire Facility, including the Facility expressly covered by this Agreement shall at all times be under the charge and control of the Licensor. The keys to the Facility shall remain in the possession of the Licensor who will unlock the entrances and exits to the Facility and restrooms in accordance with the terms of this contract. Licensee will be responsible for locking the entrance and exit gates with the padlock located on the fence by the gate. If the gate is left unlocked Licensee will be charged a fee in the amount specified on the attached Fee Scheule. 3.6. Lighting. Licensor will furnish lighting from the light towers erected on premises covered by this Agreement in accordance with the attached Fee Schedule. 3.7. Responsibility of Admittees. Licensee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the facility, or to any portion of said building by the consent of said Licensee, or with the consent of said Licensee's employees, or any person acting for and on behalf of said Licensee. 3.8. Representation of Use Licensee. Licensee shall represent the exact purpose for which the Facility is being rented in this Agreement and any misrepresentations shall be grounds for immediate cancellation by the Licensor. 3.9. Use Restrictions. (a) No vehicles are permitted on the field at any time. (b) Tents may only be set up on paved surfaces. Tents are not permitted on the field. (c) Use of propane or charcoal grills must be approved by Licensor, approval of which will not be unreasonably withheld. Cooking or grilling may only take place on a paved surface. 3.10. Insurance. Licensee shall be required to provide a comprehensive public liability and indemnity insurance in an amount not less than $1,000,000 in the aggregate, which policy or policies shall name the City as an additional insured with the term coinciding with the dates of the Term of this Agreement. Licensee shall provide Licensor a certificate of insurance no later than (10) days prior to the Event Date. 3.11. Security. (a) Licensee shall pay for all security personnel necessary to maintain the Facility, and Licensor's other property accessible from the Facility, in safe and secure conditions. Such personnel shall be provided by off-duty Cibolo Police Officers in number to provide a reasonable level of safety to all spectators and the security of the Facility and Licensor's other property. Such t or CSB \ O r o TCX 111 'City of Choice' security levels shall be solely determined by the Licensor. Fees for security shall be as established in the Fee Schedule. The number of people estimated to be in attendance at this Event at any given time during the Event is (b) Licensee must have security personnel if Licensee will have alcohol at the Event. Licensee may not have alcohol at the Event if the Facility is being used for sports. 1.12. Attendance. Licensor shall submit attendance numbers to Licensor within a reasonable time period after the conclusion of the Use Period. 3.13. Event Parking. The Licensor controls all parking for the Facility and is entitled to all revenue from parking for the Event. Parking shall be permitted only in the area depicted on the Parking Area Addendum, attached hereto and deerned incorporated by reference to this Agreement. Licensor reserves the right to control parking on City -owned property. 3.14. Advertising of Event. Licensee agrees that all advertising of the Event will be true and accurate. Furthermore, Licensee agrees that all news releases, publicity, material, radio or television announcements, publications or other such public notices issued shall refer to the Facility only as the "City of Cibolo Multi Event Center." 3.15. Right to Exhibit Private Advertising. Licensee may exhibit Private Advertising if Licensee has paid the Right to Exhibit Private Advertising Fee in the amount listed in the Fee Schedule 10 days prior to the first day of the Use Period. 3.16. Concessions. Licensor controls the right to sell concessions for all Events. This right may be passed on to Licensee as provided for in the Fee Schedule. Licensee is solely responsible for securing any food or alcohol permit if required by law. 3.17. Food Trucks. All food trucks present at any tirne are required to be registered as a Mobile Food Vendor with the City. Proof of registration must be presented to the City Secretary's office not later than (2) days prior to the first day of the Use Period. While on premises, all food trucks must have registration proof displayed and visible. 3.18. Field Marking. Licensee may self -mark the field for sport use in accordance with the fee stated in the Fee Schedule. Licensee may request Licensor to rnark the field for sport use with fourteen day (14) day advance notice provided to Licensor in accordance with the fee stated in the Fee Schedule. 3.19. Reservation of Licensor. Licensor reserves the right at all times to require Licensee to remove from the Facility any animals, furniture, fixtures, wiring, exhibits or other things placed therein or permitted to be placed therein by Licensee without consent of the Licensor and to terminate this contract without notice or damage. 3.20. Decorations. No decorations shall be placed in or on buildings or walls, nor shall any advertising signs be supported by nails, tacks, screws or pressure sensitive type tape on walls 'City or Choice' without approval of the Licensor. All decorations shall be of nonflammable materials and shall conform to the regulations and ordinances of the City of Cibolo. 3.21. Licensee Liable for Damage. The Licensee shall be liable for all damage to buildings and equipment. Any alteration to or defacement of city property is prohibited. Examples include, but are not limited to, affixing signs to light posts or fences, changes to field markings, destruction of landscaping, graffiti, littering. 3.22. No Animals. Animals other than registered service animals are not allowed. All animal waste must be removed. 3.23. LICENSEE SHALL INDEMNIFY AND SAVE LICENSOR HARMLESS FROM ALL LOSS, COST AND EXPENSE ARISING OUT OF ANY LIABILITY OR CLAIM OF LIABILITY FOR INJURY OR DAMAGES TO PERSONS OR PROPERTY SUSTAINED OR CLAIMED TO HAVE SUSTAINED BY ANYONE WHOSOEVER BY REASON OF THE USE OF ACCEPTANCE OF THE FACILITIES HEREINABOVE DESCRIBED, OR BY ANY ACT OR OMISSION OF LICENSEE OR ANY OF ITS AGENTS, EMPLOYEES, GUESTS, PATRONS OR CONTRACTORS. 3.24. Obey Applicable Laws. Licensee shall comply with all laws of the United States and the State of Texas, all ordinances of the City of Cibolo and all rules and requirements of the Police, Health and Fire Departments, or other municipal authorities of the City of Cibolo and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said Facility during the term of this Agreement in violation of any such laws, ordinances, rules or requirements and if the attention of Licensor is called to any such violation on part of said Licensee, or any person employed by or admitted to said Facility by said Licensee, such Licensee will immediately desist from and correct such violation. 3.25. LICENSOR ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY PROPERTY PLACED IN OR ON SAID FACILITY AND SAID LICENSOR IS HEREBY EXPRESSLY RELEASED AND DISCHARGED FROM ANY AND ALL LIABILITIES FOR ANY LOSS, INJURY OR DAMAGES TO PERSONS OR PROPERTY THAT MAY BE SUSTAINED BY REASON OF THE OCCUPANCY OF SAID FACILITY UNDER THIS AGREEMENT. 3.26, No Assignment. Licensee shall not assign this Agreement, or any part thereof, nor suffer any use of said Facility other than herein specified, without the written consent of the Licensor. 3.27. No Discrimination. It is understood that the Facility is owned by Licensor, and that any discrimination by Licensee, its agents or employees, on account of any protected class in the use or admission to the Facility is prohibited. 3.28. Violation. Violation by Licensee of any covenant, agreement or condition herein shall be cause for termination by Licensor, in which case Licensee shall not be entitled to any refund of any Facility use fees. In addition, the Licensor may likewise cancel this Agreement if the Licensee should, prior to the date of occupancy hereunder, violate any covenant, agreement or condition in any other agreement which the Licensee might have for the lease of City's facilities. Written notice of such cancellation will be given to the Licensee by the Cibolo City Secretary. "Oly of choke' 3.29. ADA Compliance. Licensee must comply with all applicable provisions of the Americans with Disabilities Act. For any event open to the public, Licensor reserves the right to remove chairs in areas without reserved seating as necessary to provide accessible seating for attendees in wheelchairs, whether or not required by the Americans with Disabilities Act. 3.30. No Waiver of Immunity. Except as otherwise expressly stated herein, Licensor does not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under state or federal law. 3.31. Venue. Every obligation of either party to this contract shall be fully performed in Guadalupe County, Texas. This Agreement shall be governed by the laws of the State of Texas. The parties irrevocably consent to the jurisdiction of the State of Texas and agree that any court of competent jurisdiction sitting in Guadalupe County, Texas shall be the appropriate and convenient place of venue to resolve any dispute under with respect to this Agreement. 3.32. Headings. Headings in this Agreement shall not be construed to affect the meaning of any of the provisions. 3.33. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 3.34. Public Purpose. This Agreement is entered into by the City to promote a public purpose, the health and welfare of Cibolo. 3.35. Privac . Lessor and Licensee agree that Licensee and Licensee's invitees, guests, or attendees have no expectation of privacy while using the Facility with the sole exception being the restrooms. 3.36. Licensor's Discretion. Any matter not herein expressly provided for shall rest solely within the discretion of the Licensor, 3.37. No Subletting. Licensee may not sublet or assign, whole or any part, of the Facility or assign any right hereunder this agreement. IV. This Agreement and attachment hereto contain the entire contract between the parties and cannot be changed or supplemented except by written agreement signed by the parties. Unless otherwise recited herein, it is understood and agreed that the Licensee named herein is real party in interest as such Licensee and is not acting for or on behalf of any undisclosed principal, and if it shall hereinafter appear that the named Licensee is not the real party in interest or is acting for a previously undisclosed principal, the fact shall be grounds for immediate cancellation of this lease or any remaining force thereof without liability on the part of the Licensor. [Remainder of Page Intentionally Left Blank] In WITNESS WHEREOF, LICENSOR: City of Cibolo, Texas By: Printed: Date: "LICENSOR" LICENSEE: By: Printed: Date: y or Cys TCX �S 'City of Choice' Phone: Email: ATTACHMENT 1 FEE SCHEDULE MULTI EVENT CENTER y or Cy0 r o 'Cilyof Choice' FEE SCHEDULE MULTI EVENT CENTER Facility Rental Fee Non -Profit Rental Fee per hour $25 Non -Profit Light Fee $25 per hour up to $100 For -Profit Rental $600 per day (10 hours) Each additional hour over 10 hours $100 per hour For -Profit Rentals less than 10 hours $75 per hour For Profit Light Fee $100 (per day) Refundable Cleaning Deposit $250 Security Fee Per Officer $25 per hour Right to Exhibit Private Advertising $100 Right to Sell Concessions/Food Trucks present $30 Marking of the Field (requires 14 -day advance notice) $200 Self -Marking of Field Fee $25 YMCA field bathroom use fee $50 plus $250 refundable deposit Fee for leaving gate unlocked $50 y or Cys C texts 'Cilyol Choice' ATTACHMENT 2 PARKING ADDENDUM of C/A ` O U r O TCx IS "COO Choice" PARKING ADDENDUM Parking is only permitted in the green dotted area depicted below. Licensee shall ensure that all of Licensee's guests, invitees and attendees do not park in the area depicted below with red horizontal bars. Vehicles parked in the area depicted with red horizontal bars may be subject to towing and impound.