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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