Loading...
HomeMy WebLinkAbout92- Use of Sports Complex by Gallatin Valley Softball Association - ... . ~ , ~ - - THE CITY OF BOZEMAN -, I tJ .' ~-t: 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 t * 'E.- , _ :'" * BOZEMAN. MONTANA 59715-0640 ~ c~-:.,:..:: ::;::- i . <'.( 8 ",'" "f1>'1i co. ".0-+ AGREEMENT FOR USE OF . <=z"' THE SPORTS COMPLEX BY THE GALLATIN VALLEY SOFTBALL ASSOCIATION THIS Agreement is given by the City of Bozeman, hereinafter referred to as the "City", to Gallatin Valley Softball Association, hereinafter referred to as the "Softball Association". WHEREAS, the City is the owner of the Sports Complex located on Haggerty Lane; WHEREAS, the Softball Association provides activities for the community of Bozemani WHEREAS, the Softball Association has provided these activities at the same location and intends to continue for the foreseeable future to do sOi and IN CONSIDERATION OF the mutual promises contained here it is agreed the Softball Association will use fields #1 - #5 at the Sports Complex during the periods commencing April 1 until August . 31, in the years 1995 and 1996. This agreement recognizes the Association's priority use of the Sports complex for league play and special events including tournaments. CONDITIONS 1. This permission is given to the Softball Association as an accommodation to Softball Association and the annual maintenance fee for the Sports Complex shall be $4,500.00: the first payment of $1,500.00 shall be made on or before May 1 of each year; the second payment of $1,000.00 shall be made on or before June 1 of each yeari the third payment of $1,000.00 shall be made on or before July 1 of each year; and final payment of $1,000.00 shall be made on or before August 1 of each year. Payments shall be made to Accounts Receivable at the City of Bozeman, P.O. Box 640, Bozeman, MT 59771. The City will code the payment to 0010-3691. Accounting Division will journal entry the payment to 0010-4831-01. No property right or interest is intended to be conveyed by this agreement. The Softball Association acknowledges the title of the City to the above-described property and agrees never to deny such title, or to assert or claim, at any time, any interest or estate of any kind or extent whatsoever in the real property by virtue of this agreement or its occupancy or use hereunder. . 2. The undersigned will defend, indemnify, and hold harmless the City of Bozeman, its officers, agents, and employees, against .;.- #... ./ ... ~. .Ii . and from any and all actions, suits, judgments, claims, demands, costs, expenses (including attorney's fees) and liabilities of any character whatsoever, brought or asserted for injuries to, or death of any person or persons or damages to property arising out of, resulting from or occurring in connection with this agreement or the occupancy or use hereunder. 3. Softball Association, shall be responsible for the following: a. Providing adult softball activities for the community of Bozeman; b. Assist with on-going litter control and pick up litter caused by its members and spectators after each event; c. Agree to pay utility fees incurred for the concession stand and field lights from April 1 to August 31 of each year this agreement is in effect. d. Maintenance and care of the infields and field lights; e. Remove all unauthorized equipment, materials, and private property on or before September 1 of each year; f. Clear all Sports Complex improvements through the Park Department; g. The following people will perform a Condition of Premises check on September 1 of each year; a designee from the Softball Association, a Concessionaire, and a designee from the City Park Department. . h. Any other complex improvements that may be approved by the Softball Association and the City/Park Department in the off-season. 4. Softball Association shall not assign this agreement or sublet said premises. 5. Softball Association shall maintain $1,000,000.00 in general liability insurance insuring the City and the Softball Association against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of or in connection with the use of the Sports Complex by Softball Association or those under its direction or permission. In addition, the policy or policies shall contain a provision that no cancellation thereof shall be effective by the insurer without thirty (30) days written notice to the City and the Softball Association. The insurance must be in place and the Softball Association shall provide proof of insurance satisfactory to the City prior to the commencement of the use for each season covered by this agreement or the use will not commence as scheduled. 6. The City of Bozeman will notify the person whose signature appears on this agreement from the Softball Association, by mail, of any breach of this agreement. Mail is deemed delivered three days from the date of notice. Upon receipt of . the notice, the Softball Association shall arrange a meeting within 48 hours to discuss the breach and available remedies. If the Association shall, at any time, be in default of any of """ ... . oJ . .. . . the conditions or provisions of this agreement, and the Association shall fail to remedy such default within ten (10 ) days of receipt of written notice thereof from the City, it shall be lawful for the City to enter upon the premises and repossess, have and enjoy the same as if this agreement had not been made, and thereupon this agreement and everything herein contained on the part of the City to be done and performed shall cease and terminate. 7. It is expressly understood and agreed that the undersigned agrees to maintain and leave all facilities in a clean, safe and sanitary manner, at no cost to the City of Bozeman, and shall comply with all ordinances, conditions, statutes and regulations effective at the commencement of each season covered by this agreement. Failure to do so will result in the undersigned paying all costs incurred by the City of Bozeman to return the premises to it's original condition. e . Any amendment or modification to this agreement or any provision herein shall be made in writing and executed in the same manner as the original document and shall after execution become part of this agreement. 9 . The Softball Association shall submit, at the beginning of each season, a schedule of league and tournament play and a . list of all officers of the Softball Association together with a current address and phone number. It shall be the responsibility of the Softball Association to notify the City of any changes to this list. Further, the original signed agreement shall be filed with the Clerk of the City Commission, and photocopies shall be filed with the City Attorney's Office, the Park Department, the Recreation Department, and the Softball Association. G~ITNESS WHEREO~ I have hereunto set my hand this (;...-::2.8" day of . P. ,1990. 0 BOZEMAN .L~ t/r -~'akl:~~ ze - e Harkin Its Recreation Superintendent GALLATIN VALLEY SOFTBALL ASSOCIATION ~ ~~t' Lenny Mbrlght [. Its President . 1509 Bluebird Lane Bozeman, MT 59715 .