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HomeMy Public PortalAbout009-Park Eastside Optimists ClubFACILITY USAGE AGREEMENT This Agreement is entered into by the Board of Parks and Recreation (hereinafter referred to as "Department") and the Eastside Optimists Club of Richmond, Indiana (hereinafter referred to as "Club"). In consideration of the mutual promises exchanged herein, it is agreed as follows: 1. 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 the 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. 2. This Agreement shall become effective on May 1, 2004 and expire on August 23, 2004. 3. During the term of this Agreement, Club will have exclusive use of the Girl's Softball Diamond located in the northeast corner of Clear Creek Park for practice, games, and tournaments scheduled through the Club's Girl's Softball Program. Any use of the Diamond by other persons, groups or organizations must be approved in writing by Club's President and Department, prior to such use or event. Club will also have the right to use the diamonds located at Springwood Lake Park as follows: The small diamond: Monday — Friday The large diamond: Monday, Wednesday & Friday 4. Club shall take steps to maintain the diamonds after each usage. Such maintenance shall include, but not be limited to, dragging and chalking before league la y, icking up trash nightly surrounding area, and ensuring that no vehicles park on h grass that surrounds the play ngm the fields. 5. Club agrees to procure an 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 said policy or Certificate of Coverage on or before May 1, 2004 and shall not be permitted to engage in activities at Department's facilities until proof of coverage is provided. 6. The Department agrees to provide the following maintenance for the facility at Clear Creek Park before and during the softball season, to wit: a Mowing the field and surrounding area at least once a week or as deemed necessary by Department and Club. b Providing trash containers and trash collection provided Club shall pick up trash and debris from the field and surrounding area following each event or practice. Providing parts, equipment and labor to replace bulbs and lighting fixtures as needed. Lights will be checked and repaired by the Department no later than one (1) week prior to the beginning of the season. Club will inform the Department as repairs are needed during the season and the Department will schedule the repairs promptly. Contract No. 9-2004 d Department will drag and chalk the infield prior to scheduled events, provided Club will provide the Department with the necessary bags of chalk. Department will paint foul lines on the outfield grass as deemed necessary by Department and Club 7. Club will provide the Department with a schedule of games no later than one (1) week prior to the beginning of the season. A tournament schedule will also be provided to the Department as soon as it is prepared by Club. 8. Department agrees to operate the Club's concession stand under the following conditions, to -wit: a The stand will open one-half (1/2) hour prior to the starting time of the first scheduled game and will close no later than fifteen minutes after the end of the final scheduled game. b Prices and merchandise will be determined by the Department. Club will permit Department to use the following equipment: One (1) microwave and one (1) refrigerator/freezer unit. If any of these items break down or become unusable during the season, the items will be repaired or replaced by Club. d Department will pay all applicable fees and will operate the concession stand in a manner conforming with all applicable laws and regulations. Clubs officers and Department's employees are the only authorized individuals that will be permitted inside the concession stand. f Department will furnish all improvement costs to the concession side of the building g Department agrees to pay club Fifty Percent (50%) of the net profit generated from the operation of the stand. Net profit shall be determined as follows: gross receipts minus the cost of food, drink and supplies used; concession stand labor, taxes, labor for mowing, dragging of the infield, painting of the grass foul lines, trash pick up; and the power bill for the diamond and stand. Major field or site improvements will be provided by Department and will not be items charged against gross receipts. 9. Department will record all expenses and revenue from the concession operation, and Club has the right to review such records upon fifteen (15) days written request. 10. Department agrees to provide payment to Club within forty-five (45) days following the expiration of this Agreement. 11. Club shall set a specified time limit for all games; including Saturdays, Sundays and any other make-up games. 12. All keys assigned to the Club shall be returned to the Department no later than October 1, 2004. The keys will then be reissued to the designated members of Club the following year, if this Agreement is extended. 13. Club shall provide the Department a list of the names and phone numbers of all officers on or before May 1, 2004. 14. 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 Club. 15. 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. 16. 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. 17. The parties hereto submit to jurisdiction of the courts or Wayne County, Indiana, and suit arising under this Agreement, if any, must be filed is said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceeding in said court. 18. Any person executing this Agreement in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Agreement. 19. 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 Department due to the enforcement of this Agreement, including but not limited to Department's reasonable attorney's fees. 20. 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. Executed this day of A�Mu^ 2004 THE CITY OF RICHMOND, EASTSIDE OPTIMIST CLUB INDIANA by and through its of Richmond, Indiana Board of Parks & Recreation By: By:� Karen Montgomery, President , PresPent� Date: 5 Date: all- C r U APPROVED: Stanton Lambert, Superintendent, Department of Parks & Recreation APPROVED•{ arS"a7 E Hutton, Mayor