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HomeMy Public PortalAbout083-2005 _Facility Usage AgreementFACILITY USAGE AGREEMENT This agreement is entered into this by the Board of Aviation Commissioners (hereafter referred to as 'Department) and the Boston Youth League (hereafter referred to as "Club"). In consideration of the mutual promises exchanged herein, it is agreed as follows: This Agreement shall be deemed to have begun on February 9, , 2006, and shall expire on the day following the conclusion of the baseball season in the year 2006, unless terminated sooner as provided below. 2. "Premises" shall mean the baseball diamonds, concession stand and parking areas located at what is commonly known as 5169 S. St. Road 227. Club shall utilize the premises only on Monday through Saturday during the baseball season and at no other times. 4. Club shall pay all charges for electricity furnished or supplied to the baseball diamond and concession stand. Department shall promptly present a copy of the electric bill each and every month to the Club for payment. Club shall use and occupy the premises for conducting baseball games and practices, and for no other object or purpose without the written consent of Department and to not use premises for any unlawful purposes. 6. Club shall operate the baseball concession stand and receive all profits generated from such operation and keep said concession stand clean and in good repair at all times. 7. Department shall permit storage of equipment by Club in the concession stand building and the storage building located at the top of the drive to the premises. Department shall permit use by Club of the existing equipment located within the concession stand. 8. Club shall keep the premises clean and in good repair as the same shall be at the commencement of the term, wear and tear arising from the reasonable use of the same and damages by the elements excepted. 9. Club shall provide equipment and manpower necessary to mow the area located inside the baseball diamond fence and trim around the exterior of the fence, and to drag and line the baseball diamond as shall appear necessary. Contract No. 83-2005 10. Club shall keep the concession stand, baseball diamond and league activities insured by 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 within ten (10) days of the execution of this agreement and shall not be permitted to engage in activities at Department's facilities until proof of coverage is provided. 11. Club shall not assign this lease nor sublet the premises or any portion thereof without the written consent of Department. 12. Club shall not enter into any contract for construction, repair or improvements on or in, of, or to the premises or any part thereof, or for any work to be done or materials to be furnished without provided in such contract or agreement that no lien of mechanics or materialmen shall be created or shall arise against the above described premises and/or the improvements thereon at any time without the express written consent of Department. 13. This lease may be terminated by Department in the event of a breach of any of the agreements of Club contained herein in which case Department may re-enter the premises an this lease shall immediately terminate. 14. Club shall observe and comply with all rules, regulations and laws now in effect or which may be enacted during the continuance of this lease by any municipal, county, state or federal authorities having jurisdiction over the premises, and to indemnify Department for any damage caused by violation thereof. 15. Failure of Department to insist on the strict performance of the terms, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of Department's rights to enforce any such term, agreement or condition, but the same shall continue in full force and effect. 16. Department shall not be liable for any damage to persons or property occurring or arising on the premises from any cause whatever. Club shall be responsible for any and all damages to the premises caused by the Boston Youth League activities conducted on the premises. 17. 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 with the Agreement a written instrument setting forth such changes signed by both parties. 18. Any notice or consent required to be given in writing pursuant to the terms contained herein shall be sufficient if mailed, return receipt requested, to the following addresses: Department: Richmond Board of Aviation Commissioners 5169 S. St. Road 227 Richmond, IN 47374 Club: Richmond Youth League P.O. Box 223 Richmond, IN 47374 or such other address as may be specified from time to time in writing and delivered to the other party. 19. This Agreement may be simultaneously executed in several counterparts, each of which shall be original and all of which shall constitute but one and the same instrument. 20. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Agreement, 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 Courts. 21. 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. 22. In the event of any breach of this Agreement by Club, and in addition to any other 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. 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. DEPARTMENT CLUB Richmond Board of Aviation Commissioners Richmond Youth League S/S William A. Smith S/S Bill Hofer William A. Smith, President Bill Hofer, Commissioner Approved: S/S Sarah Hutton Sarah Hutton, Mayor