HomeMy Public PortalAbout024-2009 - Parks - Challenger Sports - Facilities Use AgreementFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this _20th day of _May , 2009 and
referred to as Contract No. 24-2009 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 Challenger Sports, 800 W. 5th Avenue, Suite 212,
Naperville, Illinois, 60563 (hereinafter referred to as "Challenger Sports"). In consideration of
the mutual promises exchanged herein, it is agreed as follows:
1. The Department shall permit Challenger Sports to use the soccer fields at Freeman
Park for a week-long soccer camp event, beginning on July 13th and ending on July 17th
2009.
2. Challenger Sports 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 Challenger Sports 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, Challenger Sports, any sub -contractor, or any
person acting on behalf of the Challenger Sports 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 or about July 13, 2009, and shall
expire on or about July 17, 2009.
6. Challenger Sports agrees to prepare the field prior to their scheduled activity and repair
field after each use. Challenger Sports shall be responsible for storage and security of
any equipment utilized by Challenger Sports or campers during the soccer camp event.
7. As consideration for this Agreement, Challenger Sports agrees that it will conduct and
maintain an instructional soccer camp in accordance with the following:
a. Coaches will hold the minimum of a Football Association Coaching
License/Challenger Sports/British Soccer Coaching certification.
b. There will be at least one (1) qualified coach for each coaching group
(consisting of approximately 12-16 individuals) of campers.
C. Each camp shall include five daily sessions Monday through Friday or other as
specified and sessions shall run for three hours and six hours.
Contract No. 24-2009
d. Any other conditions, provisions, or fees as provided on the 2009 British
Soccer Camp Confirmation sheet which is attached hereto as Exhibit A, which
Exhibit is dated December 2, 2008, consists of one (1) page, and is also hereby
incorporated by reference and made a part of this Agreement.
e. Any other assistance reasonably requested by the Department.
8. As consideration for this Agreement, Department agrees it will provide and maintain
the facility known as Freeman Park in accordance with the following:
a. Department will provide Freeman Park fields to be used as an outdoor soccer
field or training area suitable for instructional and camp purposes.
b. Department will provide a coordinator who shall be the local camp
administrator and liaison between Challenger Sports and Department.
C. Department shall be responsible for the administration of camp applications
and scheduling.
d. Department shall be responsible for any other conditions or provisions as
provided on the 2009 British Soccer Camp Confirmation sheet which is
attached hereto as Exhibit A, or any other assistance reasonably requested by
Challenger Sports.
9. Department shall remove all trash and debris after each Challenger Sports event at the
Freeman Park facility and fields.
10. Challenger Sports 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. Challenger Sports shall
provide the Department with a copy of such policy or Certificate of Coverage on or
before July 6, 2009 and shall not be permitted to engage in activities at Department's
facilities until proof of coverage is provided.
11. Challenger Sports agrees to indemnify, release, and hold harmless the City of
Richmond, the Department, and all employees, officers, or agents of the same of any
liability that may arise from the use of the facilities by the Challenger Sports.
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 by both parties.
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.
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.
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.
In the event of any breach of this Agreement by Challenger Sports, and in addition to any
damages or remedies, Challenger Sports 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.
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 Mike Foley
Mike Foley, President
By:_S/S Avis Stewart
Avis Stewart, Vice President
By:_S/S Jennifer Eastman
Jennifer Eastman, Member
By:_S/S Karen Montgomery
Karen Montgomery, Member
Date:
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: July 27, 2009
"CONTRACTOR"
CHALLENGER SPORTS CORP.
By:_S/S Matt Hoi
Printed: (_Matt Hoi )
Title: Regional Director
Date: May 20, 2009