HomeMy Public PortalAbout032-2010 - Parks - Richmond Xpress - Richmond Xpress - Facilities Use AgreementFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this _4th day of _April__, 2010 and
referred to as Contract No. 32-2010 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 Richmond Xpress (hereinafter referred
to as the "Club"). In consideration of the mutual promises exchanged herein, it is agreed
as follows:
1. The Department shall permit Club to use Diamond #1 and Diamond #2 at Clear
Creek Park for its youth travel baseball games 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
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 May 11, 2010, and shall expire
on July 10, 2010.
6. The Department will have the diamonds prepared for play one (1) hour before the
scheduled game time.
7. Club agrees to purchase 12 bags of field chalk and 12 bags of diamond dry to be
used to prepare the field for its use.
8. Keys will be issued no earlier than May 1, 2010. Each key issued must be returned
before July 17, 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
kept by the Department if the Club does not return the keys by the due date.
Contract No. 32-2010
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9. The Club will pay the Department a sum of $5.00 per team improvement fee to be
paid no later than August 2, 2010.
10. Club shall remove all trash and debris after each Club event at Clear Creek Park
facility, and shall obey all rules and regulations set forth by the Richmond Parks
and Recreation Department.
11. Club 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. Club shall provide the Department
with a copy of such 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.
12. The 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.
13. Club agrees to indemnify, release, and hold harmless the City of Richmond, the
Department, and all employees, officers, or agents of the same any liability that
may arise from the use of the facilities by the Club.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 City due to the
enforcement of this Agreement, including but not limited to City's reasonable
attorney's fees.
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19. 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
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: —May 10, 2010
"CONTRACTOR"
RICHMOND XPRESS
By:_S/S Pete Chaney
Printed: (_Pete Chaney )
Title: Coach
Date: April 7, 2010
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