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HomeMy Public PortalAbout038-2011 - Parks -Facilities Use Agreement - RFACILITY USAGE AGREEMENT THIS AGREEMENT made and entered into this _16th _ day of _March , 2011, and referred to as Contract No. 38-2011 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 Richmond Rockets (hereinafter referred to as the "Club"). In consideration of the mutual promises exchanged herein, it is agreed as follows: The Department shall permit Club to use Diamond 91 and Diamond 92 at Clear Creek Park for its youth travel baseball games as long as the Club's schedule does not interfere with the Department's Leagues or any other prior event scheduled. 2. Club and its spectators must abide by all rules and regulations of the Department, including but not limited to, any applicable posted hours. 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 the 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 May 11, 2011, and shall expire on July 10, 2011. 6. The Department will have the diamonds prepared for play one (1) hour before the scheduled game time. 7. Club agrees to purchase 12 bags of field chalk and 12 bags of diamond dry to be used to prepare the field for its use. 8. Keys will be issued no earlier than May 1, 2011. Each key issued must be returned before July 17, 2011. A deposit of $50.00 is required per key. The deposit is refundable and will be refunded upon the return of each key. The deposit will be kept by the Department if the Club does not return the keys by the due date. 9. The Club will pay the Department a sum of $5.00 per team improvement fee to be paid no later than August 2, 2011. Contract No. 38-2011 Page 1 of 3 10. Club shall remove all trash and debris after each Club event at Clear Creek Park facility, and shall obey all rules and regulations set forth by the Richmond Parks and Recreation Department. 11. 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 April 1, 2011 and shall not be permitted to engage in activities at Department's facilities until proof of coverage is provided. 12. The Department will operate the concession stand during all Club activities, with all proceeds going to the Department. No other sale of food or drink will be allowed. 13. Club agrees to indemnify, release, and hold harmless the City of Richmond, the Department, and all employees, officers, or agents of the same any liability that may arise from the use of the facilities by the Club. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Page 2 of 3 Team shall have thirty (30) days from the receipt of notice of breach or default to perform said cure. 20. 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. 21. 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. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By:_S/S Karen Montgomery Karen Montgomery, President By:_S/S Mike Foley Mike Foley, Vice President By:_S/S Gary Turner Gary Turner, Secretary By:_S/S Avis Stewart Avis Stewart, Member Date: APPROVED:_S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: March 16. 2011 "CLUB" RICHMOND ROCKETS By:_S/S Chris Helms Printed: ( Chris Helms Title: Coach Date: April 20, 2011 Page 3 of 3