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
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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.
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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