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HomeMy WebLinkAboutCORRESPONDENCE - CONTRACT - HORSESHOE COURT USEHORSESHOE COURT USE AGREEMENT This Agreement is made and entered into this ntnL_44 day of P.4�V�.2Q04, by and between THE CITY OF FORT COLLINS, COL0056, a municipal corporation, hereinafter referred to as "City" and The Fort Collins Horseshoe Club, hereinafter referred to as " F.C.H.C. ". Whereas, the City is the owner of a horseshoe court complex located in Edora Park (the "Courts"); and Whereas, the City has an interest in maintaining and improving the Courts; and Whereas, F.C.H.C. has an interest in maintaining, improving and operating the Courts. Now, therefore, in consideration of the mutual covenants and obligations expressed herein, the parties agree as follows: 1. Contract. This Agreement shall be effective from the date of the Agreement as entered above and until December 31, 2004, unless sooner terminated as provided herein. 2. Court Maintenance and Upgrades. F.C.H.C. shall repair and maintain the Courts in a clean, safe, and attractive condition and in a manner that complies with applicable laws, rules, and regulations. The Courts shall not be changed or altered without the prior written consent of the City. F.C.H.C. will remove all trash and debris left on or near the Courts immediately after the conclusion of any meets, or any other event held at the Courts. F.C.H.C. shall ensure that the Courts are free of any unsafe or dangerous conditions. F.C.H.C. shall repair and maintain the Courts to the satisfaction of the City. In the event the City is dissatisfied with F.C.H.C.'s maintenance of the Courts, the City may terminate this Agreement. The City may supply clay to the Courts on an occasional, "as available" basis. F.C.H.C. shall place and prepare the clay supplied by the City on the Courts in a manner that enhances the safety and utility of the Courts and in a manner approved by the City. 3. F.C.H.C.'s Use of Courts. As compensation for F.C.H.C.'s maintenance work on the Courts, F.C.H.C. shall be permitted to use the Courts for its own horseshoe practices and meets at the Courts during the months of April through November, on a schedule pre -approved by the City ("Approved Use"). F.C.H.C. shall provide to the City a schedule of dates upon which it seeks to use the Courts no later than January 2 of any year, and shall obtain City approval thereof prior to publishing or advertising said schedule to the public. Approved Use of the Courts shall be subject to a maximum of 150 participants. F.C.H.C. shall not be allowed to conduct National Horseshoe meets or events at the Courts. The scheduling of all Approved Use of the Courts is subject to the City's advance approval. Additional Court use beyond the Approved Use, including hosting events for other than the F.C.H.C. leagues, chapter or organization, such as, regional or state meets, may be arranged by F.C.H.C. on the same basis as the Courts are available to others. At the time of this Agreement, the City imposes a Courts rental fee of Seventy-five dollars ($75) for groups under 250 people and a fee of one hundred and fifty dollars ($150) for groups of 250 or more. The Applicant prior to issuance of the Large Event Permit must pay this fee. The City reserves the right to increase or decrease this rental charge in the City's sole discretion. F.C.H.C. shall be required to perform no less than one hour of maintenance work on the Courts for each hour of Approved Use. Other than Approved Use of the Courts in accordance with this Paragraph 3, F.C.H.C. shall not be entitled to any compensation for work performed pursuant to this Agreement. F.C.H.C. acknowledges that at any times other than the times for which the City has authorized the Approved Use of the Courts by F.C.H.C., the City in its sole discretion may allow other interested persons or organizations to schedule horseshoe events or other activities at the Courts, may allow the general public to make use of the Courts on such terms and conditions as the City determines shall apply, or may close the Courts to any or all use. 4. Conduct of F.C.H.C. Activities. F.C.H.C. shall not charge an admission or any other fee to persons wishing to observe any activities it conducts at the Courts. However, F.C.H.C. may charge horseshoe meet participants a reasonable fee for participating in events F.C.H.C. conducts during Approved Use of the Courts. When state or Regional events are scheduled: A. F.C.H.C. will be responsible for the protection of all infrastructure, including but not limited to, irrigation valves, boxes, lines, heads, parking lots, roadways, sidewalks, park facilities, lights, horseshoe courts, etc. B. F.C.H.C. may not post any advertising on or near the Courts except during meets it conducts, and may not at any time remove any materials that have been posted with the permission of the City. Any advertising materials posted by F.C.H.C. must be removed immediately after the conclusion of the meet. C. F.C.H.C. shall manage and conduct all activities during its Approved Use of the Courts in a fair, professional, and competent manner and to the satisfaction of the City. 5. Utilities. The City shall supply to the Courts water and electricity from April 15 through October 15 of any year, provided that F.C.H.C. may use only such quantities of water and electricity as are reasonably necessary for the performance of its duties hereunder, or for the normal conduct of meets it conducts with the City's approval. The City shall also remove trash and debris from the City's supplied trash containers in 2 the area of the Courts on an as needed basis. 6. No Liens. F.C.H.C. agrees to pay or cause to be paid promptly all bills and charges for material, labor or otherwise in connection with or arising out of any work undertaken at the Courts on behalf of F.C.H.C.; and agrees to hold the City free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Courts or any part thereof and from and against any expense and liability in connection therewith, and to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's, materialman's or other liens against the Courts arising out of any payment due or alleged to be due for any work, labor, services, materials or supplies claimed to have been furnished at F.C.H.C. request in, on or about the Courts, and to indemnify the City against any lien or claim of lien attached to or upon the Courts or any part thereof by reason of any act or omission on F.C.H.C.'s part. 7. Insurance. F.C.H.C. shall maintain at all times during the term of this agreement a "commercial general liability" insurance policy with a Combined Single Limit of $1,000,000.00 covering its activities hereunder, which policy shall name the City as an additional insured. A certificate of insurance shall be submitted to the City, at the time of signing of this agreement. 8. Termination. Either party may terminate this agreement, at its option, by providing the other party with at least thirty (30) days advance written notice of such termination. The City may terminate this agreement without prior notice at any time in order to protect public health, safety or welfare, or City property. The City's obligations under this Agreement are contingent on the appropriation by the City Council of funds sufficient and intended for performance of such obligations. In the event such funds are not appropriated, this Agreement will automatically terminate and be of no further force and effect. 9. Assignment. F.C.H.C. shall not assign this Agreement or any part thereof without the prior written consent of the City. 10. General Conditions. It is further agreed between the parties as follows: A. That in entering into this agreement, F.C.H.C. and/or its employees, agents or representatives acquire no status, rights or benefits of an employee of the City, it being expressly understood and agreed that F.C.H.C. shall perform all undertakings and professional services herein prescribed and contemplated as an independent contractor. B. That this agreement may not be enlarged, modified, or altered, except in writing, signed by the parties as an amendment hereto. C. That no waiver of any breach of this agreement shall be held or construed to be a waiver of any subsequent breach thereof. 3 D. This agreement shall be governed in all respects by the laws of the State of Colorado. E. Each and every term and condition in this agreement shall be deemed to be a material element of this agreement. 11. Indemnification. Any liability incurred by F.C.H.C. in connection with this agreement, its performance hereunder, or the use of the Courts, shall be solely the liability of F.C.H.C., and the City shall incur no liability by reasons thereof. F.C.H.C. agrees to indemnify the City, its officers, agents, representatives, successors and assigns and hold them harmless against any and all liability or claim of liability arising from any negligent act or omission of F.C.H.C., its employees, officers, agents or representatives, or any failure by the same to comply with and properly carry out the provisions of this agreement. 12. Default. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. In such event, the party declaring the default may elect to: (a) terminate the agreement and seek damages; or (b) avail itself of any other remedy at law or equity. In the event of default of any of the terms and conditions herein, by either party, which shall cause the party not in default to commence legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorneys fees and costs incurred because of the default. IN WITNESS WHEREOF, this agreement is signed as of the dates set forth below, and effective upon last signing. CITY OF FORT COLLINS, COLORADO n,cipall corporation Date: ti ZJo04( By: ej v r/ J B. e O'Neill II, CPPO it for of Purchasing and Risk Management Atte Approved aR to orm• By: By: ty Clerk - Assistant City Attorney 4 FORT COLLINS HORSESHOE CLUB Date:�- Name : I7 L✓ e ��-t�-�1 Bob Berry, President Attest: L ' By - (Seer ary or Vice Pr ident) NATIONAL HORSESHOE PITCHERS ASSOCIATION INSURANCE PROGRAM GENERAL LIABILITY BENEFIT SUMMARY 2003 — 2004 The following is a brief summary of the insurance coverages provided to members of the National Horseshoe Pitchers Association. It includes details regarding whom to contact in the event of a claim. COVERAGES Named Insureds: National Horseshoe Pitchers Association for their operations. NHPA Member Charters, Leagues, and Teams, but only with respect to losses arising from NHPA-sanctioned events. Additional Insureds: Club Member; Designated Person or Organization, but only for liability resulting from the negligent acts or omissions of the National Horseshoe Pitchers Association, as requested and approved by American Specialty Insurance Services, Inc. on behalf of United States Fidelity and Guaranty Company. Coverage: This policy provides protection for the above insureds from claims of bodily injury, property damage, or personal injury due to their alleged negligence during the conduct of an NHPA-sanctioned event. Policy Limits: The General Liability policy limit is $1,000,000 per occurrence with a $2,000,000 general aggregate (aggregate applies per sanctioned event). In addition, a $1,000,000 Follow Form Excess policy applies (subject to a $1,000,000 aggregate). Notable Exclusions: This policy does not cover claims arising out of: Damage to Property in the Care, Custody or Control of the Insured; Pollution; Asbestos; Fireworks; Nuclear Energy; War Liability; Employment Related Practices; Coverage C — Medical Payments, Abuse or Molestation. Effective Dates: 12/31/03 12:01 a.m.—12/31/04 12:01 am. Insurer: United States Fidelity and Guaranty Company Policy Number: General Liability: D064L00785 Follow Form Excess: D064YO0457 CLAIMS INFORMATION All liability claims should be reported directly to the American Specialty claims department at the address shown below. You should be contacted within 24-hours from receipt of your claim. American Specialty Insurance Services, Inc. P.O. Box 459 142 North Main Street Roanoke, IN 46793-0459 Phone (800) 566-7941 Fax (260) 673-1291 no dceument has been prepared for the National Horseshoe AWhers Association (NHPA) for ties by its members erdusively. Its purpose a to dambe and esphtin, is a sua varyamaaer, cermin iesarance polkies NHPA maintain for the protection and bewft of th members. It it intended for it foraatloaai pvrposa arty and is not a contract. Only the dasnance porkier referred m herein can state the actual Germs, coverages, amounts, condition, and esciusion. Should there be any discrepancy bow" smtement(s) made ht this documentand the provislau of the inuronco policy, the Gasurawe policy nilt prevail. Date Issued: 294Dec-03 CERTIFICATE OF INSURANCE CERTIFICATEHOLDER FOR INFORMATION PURPOSES ONLY "Additional Insured" City of Ft. Collins P.O. Box 580 Colo. 80522-0580 American Specialty Insurance Services, Inc. National Horseshoe Pitchers Association, Colorado Charter 142 North Main Street 1043 Grayston Avenue Roanoke, Indiana 46783 Huntlngtan, IN 46750 This certificate is issued as a matter of information only and confers no rights upon the certificatetwlder. This certibcate does not amend, extend, or alter the coverage afforded by the policy below. FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. LWITS SHOWN MAY HAVE BEEN United States Fidelity and Guaranty Company GL Policy Number D064L00785 Effective:31-DEC-03 12:01 AM Expires:31-DEC-0412:01 AM United States Fidelity and Guaranty Company XS Policy Number 0064YO0457 Effective:314DEC-0312:01 AM Expires:31-DEC-0412:01 AM General Aggregate 2,000,000 Products -Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence 1,000,000 Damage to Premises Rented to You (Any One 50,000 Premises) Medical Expense Limit (Any One Person) Excluded Each Occurrence 1,000,000 Policy Aggregate 1,000,000 • Coverage applies to NHPA member charters, but only with respect to losses arising from NHPA-sanctioned events, effective December 31, 2003 through December 31, 2004. COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL Form No. NHPA_000002 Certificate No. 1000276E-09 aHarris• a. 7wVv+A- David Authorized Representative