HomeMy Public PortalAbout047-2008 Parks - Entertainment Agreement - Garcia and ScottENTERTAINMENT AGREEMENT
THIS AGREEMENT is made and entered into this _14th day of _April
2008, by and between Richmond, Indiana, a municipal corporation through its Board of
Parks and Recreation with its office at 50 North 5th Street, Richmond, Indiana,
(hereinafter referred to as "City"), and Garcia and Scott, c/o Dalia Garcia, P.O. Box 271,
Oxford, Ohio 45056 (hereinafter referred to as "Contractor").
WHEREAS, City is the owner of certain property known as Glen Miller Park
("Park"), located at 2200 East Main Street, Richmond, Indiana; and
WHEREAS, City desires to sponsor a Summer Concert Series concert at Glen
Miller Park Band Shell on August 9, 2008; and
WHEREAS, Contractor provides musical concert entertainment professionally,
and wants to arrange an appearance at the Park for the purpose of providing
entertainment.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, including the above stated recitals, City and Contractor hereby agree as
follows:
1. The City shall sponsor a Summer Concert Series concert on August 9,
2008.
2. Contractor shall be retained by City to appear at the Park on August 9,
2008, and provide musical entertainment beginning at 7:00 PM and ending
at 8:30 PM (sound check at 4:30 PM).
3. City agrees to pay Contractor the sum of Five Hundred Dollars and Zero
Cents ($500.00) in full payment for services rendered under this
Agreement, of which half shall be due and payable, as a deposit, upon
execution of this Agreement, and half payable following the performance.
4. Contractor agrees to indemnify City for any claim, injury, or other damage
caused by any negligent or intentional act performed by contractor or its
employees, agents, representatives, and crew.
5. Contractor hereby agrees to release and hold harmless, City, its agents,
employees and independent contractors from any claim, cost, damage or
liability arising out of Contractor's performance in the Summer Concert
Series, including, but not limited to any claim resulting from an intentional
act of any spectator, hotel guest or trespasser. It is expressly agreed that
City has no duty to provide any security or safekeeping for Contractor's
equipment or instruments and that in no way shall City be liable for any
act of theft or vandalism.
6. Contractor agrees that the facilities provided by the City for Contractor's
performance are being received in an "as -is whereas" condition, with all
faults and that City, other than providing, reasonable space and electricity,
does not guaranty or represent that its facilities shall be suitable for any
particular performance or use.
Contract No. 47-2008
7. City agrees to provide drinks for Contractor and band members on
performance date.
8. In the event of written notice of cancellation to Contractor at least thirty
(30) days before performance, Contractor agrees to refund the entire
deposit of $250.00 to City. Contractor shall retain said deposit in full
satisfaction of this Agreement if cancellation is within ten (10) days before
performance. In no event shall either party be liable for any consequential
or special damages incurred by the other in connection with the
performance or any cancellation of said performance.
9. Contractor may, at its option, sell CD's and promotional materials on the
premises before and after the performance, retaining all proceeds
associated therewith.
10. The parties hereto submit to jurisdiction of the courts of Wayne County,
Indiana, and suit arising under this Contract, if any, must be filed in said
courts. Both parties specifically waive any right to alternative venues or
courts such party may have whether such right arises under the laws of the
State of Indiana, or any other State of territory of the United States or the
laws of the United States. The parties specifically agree that no arbitration
or mediation shall be required prior to the commencement of legal
proceedings in said Courts. By executing this agreement, Contractor
agrees that it will not raise and is estopped from raising, lack of personal
jurisdiction as a defense to any action brought in Wayne County, Indiana.
11. This Agreement may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall constitute but one
and the same instrument.
12. 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. Any previous discussion, negotiation or dialogue relating to the
subject matter contained herein is expressly superseded by this agreement.
Furthermore, both parties agree that any no discussion, representation or
negotiation, other than that contained herein, has transpired relating to the
subject matter of this agreement and that neither party is relying upon any
negotiation or discussion that took place prior to this agreement.
13. In the event of any breach of this Agreement by Contractor, and in
addition to any other damages or remedies, Contractor 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. Contractor
acknowledges that its services are unique and that City is entitled to
specific performance of the agreement or other equitable remedies, if
Contractor commits an act that amounts to an anticipatory repudiation of
this agreement.
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14. 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.
15. Any person executing this Contract in a representative capacity hereby
warrants that he has been duly authorized by his or her principal to
execute this Contract.
16. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or
any person acting on behalf of Contractor 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.
IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year
first above written, although signatures may be affixed at different times.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks & Recreation
By:_S/S Avis Stewart
Date: Mav 15. 2008
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: Abril25.2008
"CONTRACTOR"
GARCIA AND SCOTT
By:_S/S Dalia Garcia
(Title)
Date: April 14, 2008