HomeMy Public PortalAbout112-2015 - Parks - Eastern Indiana Disc Golf Association - Facility Use AgreementFACILITY USAGE AGREEME T
THIS AGREEMENT made and entered into this.2nd day of avem ✓, 2015, and referred
to as Contract No. 112-2015 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as
the "Department') and Eastern Indiana Disc Golf Association, 761 Mikan Drive, Richmond,
Indiana, 47374 (hereinafter referred to as "Club").
In consideration of the mutual promise and covenants contained herein, the Department and the
Club hereby agree as follows:
The Department shall permit Club to use the facilities at Glen Miller Park for its
activities.
2. Club and its members must abide by all rules and regulations of the Department,
including but not limited to, any applicable posted hours.
3. Department may order Club to cease or relocate its activities at any time should it be
necessary for the proper use, safety or enjoyment of Glen Miller Park.
4. Pursuant to Indiana Code 22-9-1-10, Club, any sub -contractor, or any person acting on
behalf of the Club or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
5. This Agreement will be deemed to have begun on April 1, 2015, and shall expire on
March 31, 2018. Any changes required by the Department during the effective dates of
the Agreement will be provided in writing to the Club at least thirty (30) days prior to the
date the change will go into effect.
6. Club agrees to provide Department with a schedule of events no later than January Is' for
each calendar year. Department reserves the right to utilize or allow others to utilize the
shelter when not reserved by the Club.
All improvements to the facilities must be approved by the Department in writing prior to
the commencement of any construction work. Proposals must be submitted in writing at
least sixty (60) days prior to the project start date. All improvements become the property
of the Department, excluding any removable equipment (baskets).
The Department agrees to advertise the Club and its events in the Seasonal Brochures for
the facility.
Contract No. 112-2015
9. Club shall include the following language on all printed material concerning its operation
and events, "In cooperation with the Richmond Parks and Recreation Department."
10. Club shall remove all trash and debris after each Club event at the facility, and shall obey
all rules and regulations set forth by the Richmond Parks and Recreation Department.
11. Club shall provide the Department with a written financial statement on or before
December 31 st of each year of the agreement.
12. Club shall require participants in all events and contests to sign the City's liability waiver
prior to participation.
13. Club shall procure a general liability insurance policy with limits of liability no less than
$1,000,000 per person and $1,000,000 per occurrence. The City of Richmond shall be
named as a co-insured on such policy. Club shall provide the Department with a copy of
such policy or Certificate of Coverage on or before January 15t of each year, and shall not
be permitted to engage in activities at Department's facilities until proof of coverage is
provided.
14. Club shall provide the Department the names and phone numbers of all officers by
January 1" of each year this contract is in effect, or when elected.
15. Club agrees to indemnify, release, and hold harmless the City of Richmond, the
Department, and all employees, officers or agents of the same from any liability that may
arise from the use of the facilities by the Club.
16. This Agreement is personal to the parties hereto and neither party may assign or delegate
any of its rights or obligations hereunder without the prior written consent of the other
party. It shall be controlled by Indiana law and shall be binding upon the parties, their
successors and assigns. It constitutes the entire Agreement between the parties, although
it may be altered or amended in whole or in part at any time by filing the Agreement a
written instrument setting forth such changes by both parties.
17. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which constitute but one and the same instrument.
18. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit
arising under this Agreement, if any, must be filed in said courts. The parties specifically
agree that no arbitration or mediation shall be required prior to the commencement of
legal proceedings in said court.
19. Any person executing this Agreement in a representative capacity hereby warrants that he
or she has been duly authorized by his or her principal to execute this Agreement.
20. In the event of any breach of this Agreement by Club, and in addition to any damages or
remedies, Club shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees.
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21. A breach of this Agreement shall include, but not be limited to, failure of Team to
comply with any of the terms of this Agreement, failure to procure and maintain
appropriate levels of general liability insurance as set forth in the terms of this
Agreement, or failure to adhere to all federal laws, state laws, and local ordinances. In
the event Team is able to cure or resolve any action or situation that caused the breach,
City will not hold Team in default if such cure is able to be performed within thirty (30)
days of the date breach is deemed by the City to have occurred. City shall provide Team
with written notice of the breach by first-class mail, and Team shall have thirty (30) days
from the receipt of notice of breach or default to perform said cure.
22. In the event Team is unable to cure or resolve the breach, City may declare Team in
default and breach of this Agreement, and shall proceed with any action necessary to take
possession of the facility. In the event of an emergency, City shall immediately proceed
with any action necessary to take possession of the facility. City may terminate this
Agreement in whole or in part, for cause, at any time by giving at least five (5) working
days written notice specifying the effective date and the reasons for termination.
23. In the event that an ambiguity or question of intent or a need for interpretation of this
Agreement arises, this Agreement shall be construed as if drafted jointly by the parties,
and no presumption or burden of proof shall arise favoring or disfavoring any party by
virtue of the authorship of any of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND, INDIANA by
and through its Board of Parks and Recreation
By: te_2�
Mike Foley, President
Date: 1- 1 r 1�
APPROVED:
Sarah L. Hutton, Mayor
Date: JC/S
"CLUB"
EASTERN INDIANA DISC GOLF
ASSOCIATION INC.
Printed: f''.r
Title: ?." f .1,
Date: // " ;L — /,C,