Resolution 2010-39 -� RESOLUTION NO. 2010-39(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER TO EXECUTE A FACILITIES USE AGREEMENT
WITH OTHER ENTITIES WISHING TO UTILIZE THE
TRAINING FACILITY LOCATED BEHIND STATION TWO AT
555 COUNTRY CLUB, WYLIE, TEXAS AND MEETING THE
REQUIREMENTS OF THE TRAINING RULES OF
ENGAGEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CI7CY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
beha.lf of the City Council of the City of Wylie, Texas, a Facilities Use Agreement with an entity
wish.ing to utilize the training facility located behind Station #2 at 555 Country Club, Wylie,
Texas and meeting the requirements of the Training Rules of Engagement.
�
SEGTION 2 : This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on
this the 14th day of December, 2010.
Eric Hogue, May
AT'CEST TO: ��� QF �T�, f
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��le Ehrlich, rty Secretary ' _
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Resolution No. 2010-39(R)
Facilities Use Agreement for Wylie Fire Training Facility - Fire
EXHIBIT "A"
Agreement
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563458-1
�. Facilities Use Agreement:
Southeast Collin County Regional Training Facility
This Facilities Use Agreement (the "Agreement") is executed this day of
, 20 , by and between ("Lessee") and the
City of Wylie, Texas ("Wylie") for the use of the Southeast Collin County Regional Training
Fac:ility (the "Facility"), located at 555 Country Club, Wylie, Collin County, Texas (the
"Property").
In consideration of the mutual covenants and conditions set forth in this Agreement,
and� other good and valuable consideration, Wylie does hereby agree to grant the Lessee the
right to use and occupy the Facility and Property for the period specified herein.
l. Term. The term of this Agreement is between the hours of and
beginning the _ day of , and ending the day of ,_.
2. Rent. Lessee agrees to pay Wylie $ in exchange for use of the Facility
and/or Property as described herein.
3. Use. Lessee shall use the Property and/or Facility only for the purpose of
and shall use the Facility and/or Property for no other purpose. Lessee
� agrees it shall not use the Property and/or Facility for uses that may constitute a nuisance nor
shall they use the Property and/or Facility for any illegal purposes.
4. Improvements. Lessee shall not make any improvements to the Facility and/or
Property without the prior written consent of Wylie.
5. Compliance with Laws and Regulations. Lessee shall comply with all applicable
federal, state, and city statutes, ordinances, regulations, and standard operating procedures.
6. Indemnification. To the extent allowed by law, Lessee agrees to indemnify
anc� hold Wylie, its officers, directors, employees, agents, and representatives harmless
against any and all claims, demands, damages, costs, and expenses, including reasonable
att�rneys' fees for the defense of such claims and demands, arising from the use of the
Property and/or Facility, or from any act or negligence of Lessee, its members, agents,
representatives, contractors, employees, invitees, trespassers, or licensees in or about the
Property and/or Facility. In case of any action or proceeding brought against Wylie by
reason of such claim, Lessee, upon notice from Wylie, agrees to defend the action or
proceeding by counsel acceptable to Wylie.
7. Termination. This Agreement may be terminated by either party upon thirty (30)
da}�s written notice to the other party. Wylie may cancel the use of the Property with less than
�° twf,nty-four (24) hours notice under such circumstances that would preclude the safe occupancy
anci use of the Property.
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8. Lessee's Liability. Lessee assumes exclusively the responsibility for its acts and
the acts of its employees, agents, representative, and volunteers. Lessee agrees that Lessee, its �
employees, agents, representatives, and volunteers are not employees, agents, representatives, or
independent contractors of Wylie.
9. Dama�es to Facilitv and Property. Lessee agrees to accept full responsibility for
protecting Wylie's Facility, Property and equipment and property located within the Facility
and�'or Property, and assumes any and all liability and financial liability for the cost of repairs
andlor replacements relating to damages caused by Lessee, its officers, agents, employees,
volunteers, or any other third parties for whom it is legal responsible. If any damage occurs to
the Facility, Property, or any other property or equipment during Lessee's use of the Property
and,'or Facility, Wylie shall invoice the Lessee for such damage, and the Lessee agrees to pay
such invoice within thirty (30) days of receipt of said invoice.
10. Compliance with SOPs. Lessee agrees to fully comply with City of Wylie, Texas
Fire-Rescue SOP # 1.6.1.2 and SOP #1.5.3.3, as if such standard operating procedures were fully
statf;d herein verbatim. Lessee acknowledges that it has received and reviewed SOP #1.6.1.2 and
SOP #1.5.3.3 prior to signing this Agreement.
11. Disclaimer and Release. Lessee agrees that Wylie has no responsibility for
maintaining or improving the Facility and/or Property, and that Wylie makes no representation
abo�t the Facility's and/or Property's safety or suitability for the intended use by Lessee.
12. Remedies for Breach. Lessee understands and agrees that any breach of this
Agreement may result in suit being initiated to recover losses suffered by Wylie, may result in
Wy:lie's refusal to lease the Facilities in the future to Lessee, and/or may result in Wylie seeking
any other remedy available to Wylie under federal, state, and local law.
13. Entire A�reement. This Agreement constitutes the sole and only agreement of the
parties to the Agreement and supersedes any prior understandings or written or oral agreements
bet�veen the parties respecting the subject matter herein. Neither party hereto shall be required to
perform any term, condition, or covenant in this Agreement so long as performance is delayed or
prevented by any civil riots, state or federal governmental authority, floods, and any other cause
not reasonably with the control of the parties.
14. Insurance. Lessee, at its own expense, shall provide and maintain in force,
during the term of this Agreement, liability insurance in the amount required by Wylie. Lessee
shall provide Wylie with the Certificate of Insurance at least five (5) days before Lessee's
schf�duled use of the Facility and/or Property.
15. Force Majeure. There shall be no liability if the use of the Facility and Property
is prevented as a result of circumstances which are beyond the reasonable control of such party
(which circumstances may include, without limitation, pending litigation, acts of God, war, acts
of c;ivil disobedience, fire or other casualty, shortage of materials, adverse weather conditions �
[suc;h as, by way of illustration and not of limitation, severe rain storms or below freezing
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�° tem��eratures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or
actions by governmental authorities). In such an event, the parties will try to reschedule Lessee's
use of the Facility. If the parties cannot reschedule, Wylie shall refund any money previously
paidl by Lessee for use of the Facility.
16. Bindin E�ffect. Lessee may not sublet, assign, encumber, or otherwise transfer
the Agreement or any right or interest in this Agreement without the written consent of District.
The Agreement shall be binding upon, and inure to the benefit of, the parties to this Agreement
and their respective heirs, executors, administrators, legal representatives, successors, and
assi,gnees when permitted by this Agreement.
17. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
con:Fessed.
18. Venue. This Agreement shall be construed under and in accordance with the
law;s of the State of Texas, and all obligations of the parties created by this Agreement are
performable in Collin County, Texas.
19. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be deemed invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not have any affect on any other provision of the
'� Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable
pro�rision had never been included in the Agreement.
20. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equ.ally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whc�le according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
21. Soverei�n Immunity. The parties agree that no party has waived its sovereign
immunity by entering into and performing their respective obligations under this Agreement.
22. Assi�. This Agreement or any part thereof shall not be assigned or
transferred by any party without the prior written consent of the other party.
CITY OF WYLIE
By:
Mindy Manson, City Manager
LESSEE:
By:
Print Name:
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