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1977R21- COMMUNITY CENTER POLICIES r ", " RESOLUTION NO. '1? ~ p.,j. / A RESOLUTION OUTLINING COMMUNITY CENTER POLICIES, RULES, RENTAL RATES AND LEASE AND RESERVATION AGREEMENTS WHEREAS, the City of Schertz has a Community Center available for use by interested persons; and WHEREAS, there is a need to control the use of said Community Center; and WHEREAS, it is in the best interests of the citizens that such controls be defined, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, that All persons, groups and organizations wishing to reserve the Community Center must obtain a lease application and agreement, and must comply with all rental rates and terms as shown in such agree- ments. Rental rates, terms and rules are those shown in attachments labelled Exhibit I, II, III and IV. PASSED, APPROVED AND ADOPTED this the 4- day of (J I'ti~J-U 19 '77. Ma~o~c~lx;( ATTEST: JJ~f!t"4 Q ecretary, Cit of chertz , .~ fihi Ltt I, . . ", NO.'.' CITY OF SCHERTZ LEASE OF COMMUNITY CENTER FACILITIES This agreement, made and entered into by and between the City of Schertz, a nmnicipal corporation of the State of Texas, acting by and through its Coordinator of Community De- velopment, hereinafter called "City" and herein'after called "Lessee", witnesseth: , I. That the City agrees to furnish the following described space and premises located in the City of Schertz Guadalupe County, Texas: Community Center to be used for the purpose of and for no other purpose without the writ,ten consent of the City for a term commencing at 0' clock .m., on the day of , 19_, and terminating at o'clock .m., on the day of , 19_, pursuant and subject to the provisions of City Ordinances and as amended, the terms thereof being incorporated herein for all purposes. II. The Lessee agrees to pay to City as and for rental of said space and premises, and Lessee further agrees to pay to City on demand a:n:y and all swns which may be due City for additional services, accommodations and materials, to the office of the Coordinator of Community Development, Schertz, Texas. TERMS AND CONDITIONS: This agreement is made and entered into upon the following express covenants and conditions, all and every one of which the Lessee, hereby covenants and agrees to and with City to keep and perform. 1. EXTRA HELP. In case it is necessary to employ outside assistance in the handling of the baggage, scenery, or other property of Lessee, such employment shall be at the ex- pense of Lessee. 2. FIRE. In case the said building or any part thereof, shall be destroyed or damaged by fire or by a:n:y other cause, or if any other casualty or unforeseen occurrence shall, render the fulfillment of this contract by City impossible, City shall not be liable or responsible to Lessee for any damages caused thereby, provided that Lessee shall be refUnded the unused portion of payments made by it. 3. IXlNTROL OF BUILDING. In renting said building, City does not relinquish the right to control the management thereof, and to enforce all necessary and proper rules for the management and operation of the same, and the Coordinator of Community Development, his deputy, and employees of said building may enter the same, and all of the demised premises, at any time and on a:n:y occasion. 4. EXHIBITORS. All e:xhibits shall be removed from said building on or before ,19_. In the event that the several portions of the said building are not vacated by the Lessee on the date above named as the end of the term for which said portions of said building are respective~ leased, then City is hereby authorized to remove from said building and to store at the expense of Lessee, all goods, wares, merchandise and property of a:n:y and all kinds and description which may be then occupying the portion of said building on which the term of lease has expired, and City shall not be liable for a:n:y damages or loss to such goods, wares, merchandise or other property which may be sustained, either by reason of such removal or the place to which it may be removed, and the City is hereby express~ released from a:n:y and all claims for damages of whatever kind or nature. .-' .-' ... " 5. Iill10VAL OF INSTALLATIONS. In the event platfonns, stagings 'or otner structures are erected by lessee or any of the exhibitors in any portion of the building, the expense of such erection and removal shall be paid by lessee, and all damage to said building or furnishings, caused by the erection or removal of such platfonn or stagings shall be paid by lessee. 6.1AW OBSERVANCE. The lessee agrees that every employer or agent connected with the purpose for which said building is rented shall abide by confonn to and comply with all of the laws of the United States and the State of Texas, and all the ordinances of the City and rules and regulations of the City for the government and management of said building, together with all rules and requirements of the police and fire departments of the City and will not do, nor suffer to be done, anything on the said premises, during the tenn of this lease, in violation of any such rules, laws or ordinances, and if the attention of said lessee is called to such violation, lessee will immediately desi13t from and correct such violations. 7. SEATING CAPACITY. That in no event shall tickets to a meeting, dinner, concert, entertainment, exhibition or other event be sold or disposed of in excess of the seating capacity. 8, NO DEFACEMENT OF BUILDING. That lessee shall not injure nor mar in any manner de- face, said premises, and shall not cause nor permit anything to be done whereby the said premises shall be in any manner injured, marred or defaced, nor shall he drive, or permit to be driven, any nails, hooks, tacks or screws, in any part of the said building, nor shall he make, or allow to be made. any alterations 'of any tind therein. 9. RESPONSIBILITY FOR INJURY. If said premises. or any portion of said building. during the tenn of this lease. shall be damaged by the act. default or negligence of lessee. or of lessee's agent, or employees. patrons. guests. or any person admitted to the said premises by lessee. lessee will pay to the City. upon demand. such sum as shall be necessary to restore said premises to their present condition. lessee hereby assumes full responsibility for the character. acts and conduct of all persons admitted to said premises. or to any portion of said building with the consent of lessee. or by or with the consent of lessee's employees or any person acting for and on behalf of lessee. and lessee agrees to have on hand at all time sufficient police force to maintain order and protect persons and property. 10. AISLES CLEAR. lessee will permit no chairs. movable seats or other obstructions to be or remain in the entrances. exits or passageways. and will keep same clear at all times. ll. NO OBSTRIrCTIONS TO SIDEWAIKS. ETC. That no portion of the sidewalks. entries. passages, vestibules. halls. elevators, or ways of access to public utilities of said building shall be obstructed by lessee or used for any purpose other than for ingress and egress, to and from the demised premises. The doors. skylights. stairways or openings that reflect or admit light into any place in the building. including hallways, corridors and passageways, shall not be obstructed by Lessee. 12. TAXES. Lessee shall pay all taxes. if any. on tickets or admissions to the premises during the term hereof. and any license fees and taxes lawfully levied against it during the term hereof. 13. LESSEE'S REPRESENTATIVE. A representative .of Lessee approved by the Coordinator shall remain on the premises during the tenn hereof and until performers and the public have left the premises. 14. INDEMNITY. Lessee will provide the defense for, indemnity and hold hann1ess from all cost. the City from any and all claims. suits. causes of action. and liability resulting from the presentation of any copyrighted work or material or violation of any other pro- prietory rights. for damages for injuries to any person (s) or damage to property occasioned by or in connection with lessee's use of the premises. 15. LESSEE'S RESPONSIBILITY. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of said building by the consent of the said lessee. or by or with the consent of said lessee's employees. or any person acting for and on behalf of the said lessee. and lessee agrees at its eJqlense to have on hand at all times sufficient police force to maintain order and protect the persons and property. the sufficiency of and type of police force to meet the approval of the Coordinator. 16. DEPOSIT OR roNDo Lessee shall deposit with the Coordinator the sum of $ in the, form of a {)ashier's Check payable to City. or a bond in such amount issued by a company licensed to do business in TeXas. to guarantee payment for any damages to the premises. failure of performer to appear. or the exhibition of entertainment which is illegal, indecent. obscene or immoral during their term hereof. The amount shown shall not l::iJnit the Ci-ty's claim if actual damages exceed such amount, -' -t '.. . . 17. ATTORNEY'S FEES. If City is required to file suit to collect any "amount owed it under this contract for Lessee's use of the premises, City shall be entitled to collect reasonable attorney's fees which it is agreed to be at least 10% of the principal amount. 18. ANTI-DISCRlllINATION. It is understood that the premises are owned by the City of Schertz, and that any discrimination by lessee, its agents or employees, on account of race, color, religion or national origin, in the use of or admission to the premises is prohibited, 19. ALCOHOLIC BEVERAGES. lessee shall not sell or serve any alcoholic beverages or permit them to be sold, served or consumed without prior written consent from the Coordinator. 20. PERFORMANCE QUALITY, lessee hereby agrees that no activity, performance, exhibition or entertainment shall be given or held or take place in the premises herein described which is ,illegal, indecent, obscene, or :immoral and should any e:xhibition or performance or any part thereof be deemed by the Coordinator to be illegal, or indecent, obscene, lewd, :immoral or in any manner offensive to persons of ordinary sensibilities then the said portions or to rewrite or have changed the said attractions so that it will not be publicly offensive, and the lessee agrees :immediately upon receipt by it of such notice to make such changes. 21. articles tainment ABANIDNED ITEMS. City shall have the sole right to collect and have custody of left in the building by persons attending any performance, exhibition, or enter- given or held on the premises. 22. TERMS USED. It is understood that whenever this contract authorizes or requires the City to take any action, it may be done by the Coordinator of Community Development or his designated representatives or by other persons designated by the City Manager. The term "Coordinator" when used herein refers to the Coordinator of Community Development. 23. CANCELlATION BY CITY. Violation by lessee of any covenant, agreement or condition contained herein shall be cause for termination hereof by City, in which case Lessee shall be entitled only to refund of the unused portion of any payment made by it. In addition, the City may likewise cancel this agreement if the lessee should, prior to the date of occupancy hereunder, violate any covenant agreement or condition in any other agreement which the 'Lessee might have for lease of Community Center facilities. Written notice of such cancellation will be given the lessee by the City's Coordinator of Community Development. 24. NOTICES. Any notices required or appropriate under this contract shall be given in writing to lessee at the address shown below, and to City, c/o Coordinator of Community Development, 1400 Live Oak Rd., Schertz, Texas 78154. 25. HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define, extend, or limit anY provisions in this contract. 26. ASSIGNMENTS. lessee shall not assign this lease, nor suffer any use of said premises other than herein specified, nor sublet the premises or any part thereof, without the prior written consent of the City. 27. NO RESPONSIBILITY FOR PROPERTY IN BUILDING. The City assumes no responsibil:ity whatever for any property placed in said building and City is hereby e:x;pressly released and discharged .from any and all liability for any loss, injury, or damage to persons or property that may be sustained by reason of the occupancy under this lease, and all watchmen or other protective service desired by Lessee must be arranged for by Lessee. IN WITNESS WHEREOF, we have affixed our signatures, this , 19_. day of LESSEE LESSEE'S MAILING ADDRESS BY: LESSEE'S PHONE NUMBER CITY OF SCHERTZ CITY MANAGER BY: COMMUNITY DEVEIDlliENT COORDINATOR ..- .-- ) '. I Exh;b~T ]I COMMUNITY CENTER RENTAL RATES Commercial Rental Rates - Applied to any person. group. or organization in which goods or services are sold. Convention Rental Rates - Applied to all Business meetings and associated Business entertainment, ex. Conventions. Banquets. Sales Meetings. Seminars Social Rantal Rates - Applied to General Public use. ex. Private Parties. Wedding Receptions. General Public Dances (admission not charged), Local Organization Rates- Local (Randolph Area) non-profit clubs. organizations or area groups. Preference will be given to local organizations and Schertz General public in contractual agreements. Rental Rates Commercial minimum rate $25.00 or (over 5 hI'S) $50.00 ea. day Convention minimum rate $20.00 or (over 5 hI'S) $35.00 ea. day Social minimum rate $15.00 or (over 5 hI'S) $30,00 ea. day Local Organization (Large Room) minimum rate $15.00 or (over 5 hI'S) $20,00 ea, day (Small Room) minimum rate $ 7.50 or (over 5 hI'S) $10.00 ea. day Contractual Rental Rates for Local Organization Catergory 6 mos. contract ~ weekly use) 20% off Standard Rental Rate (monthly use) 10% off Standard Rental Rate 6 mos. contract Contractual Rental Rates for Commercial Catergory Each contract would require separate approval from City Council. A deposit of $25.00 will be charged for large Meeting Room. A deposit of $10.00 will be charged for Small Meeting Room. Cancellation of Reservation will forfeit deposit fee. / / '. . EXh;biT I\f Contract Number: Date: Rent Deposit: CITY OF SCHERTZ COMMUNITY CENTER RESERVATION APPLICATION Name of organization or group Address Phone Name of person filing for reservation: Describe proposed use of activity building: Dates Requested: Time of use: FRDM: TO: Estimated Attendance: Will table and chairs be needed: YES: NO: If Yes, how many and what arrangement: Will alcoholic beverages be consumed? YES: Beer will be the only alcoholic beverage permitted to be sold. regulations must be observed. Are you planning on selling beer. YES: If Yes, a temporary license will be required by state law. NO: State NO: Rental charge: Reservation deposit and rental charges are due five working days before reservation 0 Person named below will be responsible for damages to the building. All permits must be filled out and turned in to the COllllTIllllity Development Office at least 5 days prior to reservation date. NAME (please print) ADDRESS PHONE SIGNATURE Reason for rejection: COMMUNITY DEVEIDFMENT COORDINATOR ,.-' "" -r x. h ;b,r ;if ~ COMMUNITY CENTER RULES & REGULATIONS 1. All lessees of Community Center will be required to pick up key at the start of reserved time and return key to Police Department at the end of reserved time. 2. The City Police Department will be required to inspect building at the time of key return or at the end of reserved time. 3. A reservation and or lease agreement will be required by all persons, groups, or organizations wishing to lease the Community Center. 4. The Community Center hours shall be 8:30 A.M. to 2:00 A.M., 7 days a week. 5. Beer shall be the only alcoholic beverage permitted to be sold, other alcoholic beverages may be dispensed at lessee's discretion. 6. If beer is sold or any alcoholic beverages consumed on the premises, an off-duty Schertz Police Officer, or Schertz Reserve Police Officer or any other Police Officer as approved by Chief of Police must be present and paid by the lessee. 7. That all persons, groups, and organizations must comply with established rental rates, lease agreement and reservation application. ...: