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