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HomeMy Public PortalAbout036-2007 - Parks - CHURCH SOFTBALL LEAGUEFACILITY USAGE AGREEMENT THIS AGREEMENT made and entered into this _19th_ day of April_, 2007 and referred to as Contract No. 36-2007 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 Church Softball League (Harold Crank, Rep.) (hereinafter referred to as the "Group"). In consideration of the mutual promises exchanged herein, it is agreed as follows: The Department shall permit the Group to use the softball fields at Clear Creek Park for its Church Softball League as long as the Groups schedule does not interfere with the Departments Leagues or any other prior event scheduled. The Group 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 the Group to cease or relocate its activities at any time should it be necessary for the proper use, safety or enjoyment of the park. Pursuant to Indiana Code 22-9-1-10, Club, any sub -contractor, or any person acting on behalf of the Group 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. This Agreement will begin on May 1, 2007, and shall expire on September 1, 2007. Department agrees to prepare the field prior to the Groups scheduled activity. Any keys assigned to the Group will be issued no earlier than May 1, 2007, and must be returned no later than September 1, 2007. Keys will be issued no earlier than May 1, 2007. Each key issued must be returned before August 17, 2007. A deposit of $50.00 is required per key. The deposit is refundable and will be refunded upon the return of each key. The Group will pay the Department a sum of $5.00 per team improvement fee for each team participating in the league. To be paid no later than September 1, 2007. 10. The Group shall pick up trash and debris after each Club event at Clear Creek Park and place it in its proper place. The Group shall obey all rules and regulations set forth by the Richmond Parks and Recreation Department. 11. The Group will pay a field rental fee based on charges deemed necessary by the Department. The fee will be paid in full no later than September 1, 2007. Pagel of 3 Contract No. 36-2007 12. The Group shall procure a waiver release of liability form to be signed by each participant playing in the league. The City of Richmond, Indiana and any of its respective licensees, assigns, parents, subsidiaries, divisions, business units, or affiliated entities and each of their respective employees, agents, officers and directors shall be listed on the form as being released from any liability by the participants. The Group shall provide the Department with a copy of such on or before May 1, 2007 and shall not be permitted to engage in activities at Department's facilities until forms are on file with Department. 13. The Department will operate the concession stand during all Groups activities, with all proceeds going to the Department. No other sale of food or drink will be allowed. 14. The Group 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 Group. 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 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. 18. 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. 19. In the event of any breach of this Agreement by the Group, and in addition to any damages or remedies, the Group 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. 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. Page 2 of 3 THE CITY OF RICHMOND, INDIANA by and through its Board of Parks & Recreation By:_S/S Jennifer Eastman Jennifer Eastman, President Date: April 19, 2007 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: April 19, 2007 HAROLD CRANK d/b/a/ CHURCH SOFTBALL LEAGUE By: _S/S Harold L. Crank Printed:( Harold L. Crank ) Title: League Manager Date: April 5, 2007 Page 3 of 3