HomeMy Public PortalAbout026-2012 - Park - Indiana Elite 13U - FacilitiFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this 30th day of _March , 2012, and referred to as
Contract No. 26-2012 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 Indiana Elite 13U (hereinafter referred to as the "Club"). In consideration of the
mutual promises exchanged herein, it is agreed as follows:
1. 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.
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 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 April 1, 2012, and shall expire on July 10,
2012.
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 April 1, 2012. Each key issued must be returned before
July 17, 2012. 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, 2012.
Contract No. 26-2012
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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, 2012 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 Team shall have thirty (30) days from the receipt of notice of breach or default to
perform said cure.
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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 Gary Turner
Gary Turner, President
Date:
APPROVED:_S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: April 2, 2012
"CLUB"
INDIANA ELITE 13U
By:_S/S John Robertson
Printed: ( John Robertson
Title: Coach
Date: March 16, 2012
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