HomeMy Public PortalAbout031-2010 - Parks - After MidnightENTERTAINMENT AGREEMENT
THIS AGREEMENT is made and entered into this _23rd_ day of _March , 2010, 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 After
Midnight, 1784 New London Road, Hamilton, Ohio 45013 (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 13, 2010; 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:
The City shall sponsor a Summer Concert Series concert on August 13, 2010.
2. Contractor shall be retained by City to appear at the Park on August 13, 2010, and
provide musical entertainment beginning at 7:30 PM and ending at 9:30 PM (two sets
with one break).
The document denominated "Performance Purchaser/Artist Agreement", consisting
of two (2) pages, is attached hereto as Exhibit A and incorporated herein by
reference as though fully set forth herein.
4. City agrees to pay Contractor the sum of One Thousand Five Hundred Dollars and
Zero Cents ($1,500.00) in full payment for services rendered under this Agreement.
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.
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.
Contract No. 31- 2010
7. 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.
In no event shall City be liable for any consequential or special damages incurred by
Contractor in connection with its performance or any cancellation of said
performance.
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.
10. 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.
11. 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.
12. 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.
13. 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.
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14. Any person executing this Contract in a representative capacity hereby warrants that
he or she has been duly authorized by his or her principal to execute this Contract.
15. 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 and Recreation
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: March 23, 2010
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: March 24, 2010
"CONTRACTOR"
AFTER MIDNIGHT
By:_S/S Kim Masters
Kim Masters
Title: Band Manager
Date: April 7, 2010