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Home My Public Portal About023-2010 Parks - Richmond Fast Pitch Association - Facility UsageFACILITY USAGE AGREEMENT This Agreement is made and entered into this 23rd day of _February , 2010, and referred to as Contract No. 23-2010, by and between the Board of Parks and Recreation (hereinafter referred to as "Department") and the Richmond Fast Pitch Association of Richmond, Indiana (hereinafter referred to as "Club"). In consideration of the mutual promises exchanged herein, it is agreed as follows: 1. The Department shall permit Club to use the fields at Clear Creek Park as long as the Club's schedule does not interfere with the Department's Leagues or any other prior event scheduled. 2. Club 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 Club 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, Club, any sub -contractor, or any person acting on behalf of the Club or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the 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 shall become effective on March 1, 2010 and expire on December 31, 2010. 6. During the term of this Agreement, Club will have exclusive use of the Girl's Softball Diamond located in the northeast corner of Clear Creek Park for practice, games, and tournaments scheduled through the Club's Girl's Softball Program. Any use of the Diamond by other persons, groups or organizations must be approved in writing by Club's President and Department, prior to such use or event. Club will also have the right to use the diamonds located at Springwood Lake Park as agreed upon by the Department Contract No. 23-2010 7. Club shall take steps to maintain the diamonds after each usage. Such maintenance shall include, but not be limited to, dragging and chalking before league play, picking up trash nightly from the surrounding area, and ensuring that no vehicles park on the grass that surrounds the playing fields. 8. Club agrees to procure an 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 said policy or Certificate of Coverage on or before April 1, 2010 and shall not be permitted to engage in activities at Department's facilities until proof of coverage is provided. 9. The Department agrees to provide the following maintenance for the facility at Clear Creek Park before and during the softball season, to wit: a Mowing the field and surrounding area at least once a week or as deemed necessary by Department and Club. B Providing trash containers and trash collection provided Club shall pick up trash and debris from the field and surrounding area following each event or practice. c Providing parts, equipment and labor to replace bulbs and lighting fixtures as needed. Lights will be checked and repaired by the Department no later than one (1) week prior to the beginning of the season. Club will inform the Department as repairs are needed during the season and the Department will schedule the repairs promptly. d Department will drag and chalk the infield prior to scheduled events Monday through Friday as weather permits. e Department will paint foul lines on the outfield grass as deemed necessary by Department and Club 10. Club will provide the Department with a schedule of games no later than one (1) week prior to the beginning of the season. A tournament schedule will also be provided to the Department as soon as it is prepared by Club. 11. Department agrees to operate the concession stand under the following conditions, to -wit: a The stand will open one-half (1/2) hour prior to the starting time of the first scheduled game and will close no later than fifteen minutes after the end of the final scheduled game. b Prices and merchandise will be determined by the Department. c Department will pay all applicable fees and will operate the concession stand in a manner conforming with all applicable laws and regulations. d Club`s officers and Department's employees are the only authorized individuals that will be permitted inside the concession stand. e Department will furnish all improvement costs to the concession side of the building f Department will operate the concession stand during all Club activities, with all proceeds going to the Department. No other sale of food or drink will be allowed. 12. Club shall set a specified time limit for all games; including Saturdays, Sundays and any other make-up games. 13. All keys assigned to the Club shall be returned to the Department no later than October 1, 2010. A deposit of $50.00 is required per key. The deposit is refundable and will be refunded upon the return of each key. The deposit will be dept by the Department if the Club does not return the keys by the due date. 14. Club shall provide the Department a list of the names and phone numbers of all officers on or before May 1, 2010. 15. Club agrees to indemnify, release, and hold harmless the City of Richmond, the Department, and all employees, officers or agents of the same from any liability that may arise from the use of the facilities by Club. 16. 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. 17. 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. 18. The parties hereto submit to jurisdiction of the courts or Wayne County, Indiana, and suit arising under this Agreement, if any, must be filed is said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceeding in said court. 19. Any person executing this Agreement in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Agreement. 20. In the event of any breach of this Agreement by Club, and in addition to any 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. 21. 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. Executed this 23rd day of February , 2010. "CITY" 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: February 23, 2010 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: —February 25, 2010 "CLUB" RICHMOND FAST PITCH ASSOCIATION By:_S/S Kevin C. Gaddis Printed: (—Kevin C. Gaddis_) Title: President Date: February 23, 2010