Loading...
HomeMy WebLinkAboutTC BOT Spec Mtg Packet 7.15.22HURS�T CONFERENCE CENTER FACILITY USE AGREEMENT Between HURST CONFERENCE CENTER and Westlake Academy for Westlake Academy Graduation 05/27/23 HURST CONFERENCE CENTER FACILITY USE AGREEMENT 14729 This Agreement, entered into this 12/14/22 by and between the Hurst Conference Center, managed and owned by the City of Hurst, hereinafter referred to as "CENTER" and: Westlake Academy Troy Meyer- Town of Westlake 1500 Solana Blvd. Bldg 7- Suite 7200 Westlake, Texas 76262 Hereinafter referred to as "CLIENT." DEFINITIONS Center shall mean the Hurst Conference Center Director shall mean the General Manager of the facility. Event shall mean the Westlake Academy Graduation and all related activities. SCOPE OF USE CLIENT warrants that said use is for the following and no other purpose: Westlake Academy Graduation Spaces utilized for the above put -pose will be in the space noted on the proposal provided by Sales and will be verified on the Event Order Confirmation that will be provided by designated Event Coordinator during planning process. TERM The term of this contract shall begin on. 05/27/23, at 08-00 AM and shall end on 05/27/23 at 05:00 PNI. Daily use is considered any continuous 10 hour period and includes CLIENT's move in and move out time. The contracted area or areas shall be available to CLIENT for any continuous 10 hour period between the hours of 7 am and 11:59 pm. Additional charges will be incurred for events exceeding the contracted rental period and between 12:01 am and 6:59 am as deemed necessary by the CENTER. DEPOSIT As partial consideration for the execution of this Agreement, CLIENT shall pay the_CENTER a NON-REFUNDABLE DEPOSIT of $3,178.65 which shall be due with this signed Agreement in order to hold requested date. It is expressly understood that CLIENT shall also, pay the CENTER the remainder of the Payment Schedule to satisfy CLIENT'S obligations under this Agreement. Any monetary differences between the deposits paid by CLIENT and the final charges incurred for Event will be invoiced or returned to CLIENT accordingly. The final payment is due upon receipt of invoice. Balance due is subject to 18% interest charged after 30 days from date of invoice. Make all checks payable to: Hurst Conference Center 1601 Campus Drive Hurst, Texas 76054 PAYMENT Inconsideration for the use of the CENTER as provided in this Agreement, CLIENT shall pay to CENTER $6700.00 in room rental and agrees to a $1700.00 catered food and beverage minimum (not to include tax and service fees), Upon CLIENT request and upon receipt of specific event information supplied by CLIENT, CENTER will provide an Event Order Confirmation (also called EOC), This EOC is a good faith attempt to identify event costs. However, an event cost estimate is not a price quotation, and CLIENT is responsible to CENTER for full payment of the actual costs billed for the completion of this Event according to the :Event Order Confirmation in force on the date of this Event, The estimated payment schedule below. This could change based on CLIENT requests during planning process, State Sales Tax: The State requires sales tax on equipment rental, food and beverage, and labor. Those items are also subject to the prevailing service fee rate. CLIENT must provide a Sales Tax Exemption letter 14 days prior to, event, Estimated Pavment Schedule Due Date Amount 25% due upon signature 01/04/2023 $3178,65 50% due 60 days prior 03/28/2023 $6357.30 Remaining Balance due 5 Business 05/270/2023 $3178.65 days prior Total of Estimated Payments: $12714.60 DEADLINE FOR EXECUTION At the sole discretion of the DIRECTOR, this contract may be declared void if not fully executed and received by CENTER by 01/04/23 CLIENT understands that the decision of the DIRECTOR shall be final. INSURANCE If your event has alcohol or an expected attendance of more than 100 attendees, you may be required to provide a certificate of insurance at the discretion of the CENTER. Outside vendors hired or invited by CLIENT may be required to provide a Certificate of Insurance at the discretion of the CENTER. INDEMNIFICATION The CLIENT shall defend, indemnify and hold harmless the CENTER and its agents and employees from and against all claims, damages, losses and expenses, including attonicys' fees arising out of or resulting from the acts, errors, omissions, conduct or operations of the CLIENT, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property, including the loss of use resulting there -from, and (2) is caused or is claimed or alleged to have been caused, in whole or in part, by negligent act, error, omission, conduct or operation of the CLIENT, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of thern may be liable, or (3) is caused or is claimed to have been caused, in whole or in part, by any product sold or service rendered by the CLIENT, its agents, employees, or subcontractors. The CENTER and CLIENT herby waive all rights against each other for any loss or damage caused by fire, extended coverage perils and vandalism and which loss or damage is covered and compensated by insurance. TERMINATION OF CONTRACT CLIENT shall be in default of this Contract if CLIENT changes the nature and purpose of the event, fails to pay any fees, deposits, or invoices, fails to obtain or maintain appropriate insurance policies in accordance with this contract, fails to obey the requests of CENTER DIRECTOR or his/her representative concerning matters of security or safety for attendees or employees or damage to the facility, or fails to comply with any other terms and conditions of this agreement. In the event that any default occurs, DIRECTOR shall notify CLIENT or its agent, either orally or in writing, of the occurrence of an event of default and may terminate this agreement immediately upon notice to CLIENT without penalty or liability to CENTER, CENTER reserves the right to terminate this Agreement for good cause (Force Majeure/Acts of God) which shall not include subsequent scheduling of a preferred event. CANCELLATION BY CLIENT If CLIENT shall cancel for any reason other than unavoidable happenings (Acts of God), or fail to take possession of or to use the facilities substantially in accordance with this Agreement, unless otherwise agreed to in writing, then CENTER shall be entitled to liquidated damages equal to the minimum daily base rental, plus any other disbursement or expenses incurred by CENTER in connection with the event. PLACE OF SUIT/CHOICE OF LAW This Agreement is executed in the City of Hurst, State of Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. Any action at law, suit in equity, or otherjudicial proceedings for the enforcement of the Agreement or any provision thereof shall be instituted in any court of competent jurisdiction in the County of Tarrant, State of Texas, FORCE MAJEURE If the Premises or any part of the Center is destroyed or damaged by fire or any other cause, or if in the opinion of CENTER any other casualty or unforeseen occurrence renders the Center unsafe or impracticable to use, including, without limitation, acts of God, fires, floods, epidemics, quarantine restrictions, terrorist acts, strikes, labor disputes, failure of public utilities, or unusually severe weather, then this Agreement shall be terminated and the CLIENT shall be entitled to reimbursement of the unearned portion of Rent, fees, and charges for support personnel and services, provided, however, if any act or omission of CLIENT, its agents, employees, contractors, invitees, attendees, patrons or guests has rendered the Center unsafe or impracticable to use, then CLIENT shall be liable for all Rent, fees and charges hereunder in addition to such other damages as may result from such acts or omissions. Licensee hereby waives any claims for damages or compensation from CENTER on account of such termination. OTHER USE OF BUILC►JNG CENTER reserves the right to rent other parts of the conference center building at the same time as the rental of the designated space(s) to CLIENT and CENTER reserves the use of the lobbies, hallways, vestibules, lounges, and other public roorns and facilities as CENTER deems fit, provided that such use does not unreasonably interfere with use of the premises by the CLIENT. CLIENT has no right to enter or use the areas in the building comprising of the administrative offices of CENTER, the mechanical rooms, the kitchen, or any other areas except as designated by CENTER. PUBLIC SAFETY CLIENT shall at all times conduct activities with full regard to public safety, and will observe and abide by all applicable regulations and requests by duly authorized governmental agencies responsible for public safety and with CENTER to ensure such safety. All portions of the sidewalks, entries, doors, passages, vestibules, halls, corridors, stairways, passageways and all ways of access to public utilities on premises shall be kept unobstructed by the CLIENT and shall not be used for any purpose other than ingress or egress to and from the premises. CLIENT agrees not to bring onto the premises any material, substance, equipment, or object which is likely to endanger the life of, or cause bodily injury to, any person on the premises, or which is likely to constitute hazard to property thereon without the prior approval of CENTER.CENTER shall have the right to refuse to allow such material, substance, equipment or object to be brought onto the premises and further shall have the right to require its immediate removal therefrom if found thereon. POLICIES AND PROCEDURES CLIENT has read and further agrees to abide by the Hurst Conference Center Policies and Procedures available on Our website or by email request. CIVIL RIGHTS CLIENT agrees not to discriminate against any employee or any applicant for employment because of race, religion, sex, marital status, age or national origin and further agrees to likewise not discriminate for those same reasons against any persons relative to admission; services or privileges offered to or enjoyed by the general public, IN WITNESS WHEREOF, we, the parties hereto, have executed this Agreement the day and year written below. Westlake Academy 1500 Solana Blvd, Bldg 7- Suite 7200 Westlake, Texas 76,262 Sign: Print Name: Title: Date: HURST CONFERENCE CENTER 1601 Campus Dr, Hurst, TX 76054 Sign: Print Name Chris Connolly Title: GENERAL MANAGER Date: