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HomeMy WebLinkAboutCCSA AGREEMENT 2014 RECEIVED 8/1/16 � F AGREEMENT THIS AGREEMENT, made this it day of dUhQ__-_20l3, byand between the City of Jeffersonville.Parks Authority, hereinafter referred to as the "Parks Authority", and the Clark County Soccer Association,hereinafter referred to as the "CCSA". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. That this agreement involves the PARKS AUTHORITY in redeveloping the sports complex known as the John Woehrle Soccer Complex located at 4300 Charlestown Pike, Jeffersonville, Indiana, as defined and detailed by the surveys,plats and drawings -made by Kovert Hawkins. 2. That in. consideration of the PARKS AUTHORITY in redeveloping the sports complex, the CCSA, the current owner of the real estate, will deed via a warranty deed the front portion of the complex to the PARKS AUTHORITY (as more particularly described in the attached Exhibit A, and whose appraised value is This real estate will compose the new parking lot, Premium field, and the area for the new multi=purpose indoor complex. 3. That if the PARKS AUTII:ORITY fails to redevelop the area as detailed by the Kovert Hawkins Plan (see attached Exhibit B) by December 31, 2015, then the ownership of the said real estate land shall revert back to CCSA. 4. That CCSA will retain ownership of the remainder of the real estate at the Sports complex. 1. S. That the PARKS .AUTHORITY shall provide easement access to the rear portion of the complex (more particularly described in the attached Exhibit C) and shall provide CCSA with use of the parking lot. Premier Field 6. That CCSA shall have primary use of the Premier Field on Saturdays during the fall and spring season. Jeff Parks Youth Football League (JYPFL) shall have primary use of the premier field on. Sundays during their fall and spring seasons. 7. That twice a year, on dates to be decided, CCSA will have full use of the Premier field for the weekend to host tournaments. 8. That all other usage of the Premier Field shall be at the discretion of the PARKS AUTHORITY. 9. That all field usage rental fees on the Premier Field shall be retained by the PARKS AUTIIORITY. There will be no rental fee for the football and soccer league usage, and for tournaments hosted by CCSA and JYPFL. Other Fields 10. That each season, CCSA will designate an. area in its part of the complex to be used by JYPFL for the younger aged registrants. This field will be large enough to encompass the Youth sized football field.. 11. That all other fields used by CCSA will be primarily used for Soccer, unless agreed to by CCSA and PARKS AUTHORITY. 12. That all field usage rental on these fields will be retained by CCSA. There 2 will be no rental fee for the football. field. Maintenance 13. 'That all the so(ccr fields shall be maintained by the PARKS AUTHORITY. 1.4. That all.field lining shall be performed by CCSA and JYPFL. Utilities 15. 'That all Utility fees and expenses shall be the responsibility of the PARKS AUTI-IORITY. Concessions 16. That until the JYPFL moves to the Woehrle°complex, CCSA will continue to rim and.retain all profits from the concession stand. Once the JYPFL moves to the complex, and until the new Indoor Sports facility is built, the PARKS AUTHORITY will assume responsibility for the existing concession stand, including manning the concession stand on weekends that CCSA and JYPFL are playing. Profits from the concession stand shall be retained by the PARKS AUTHORITY in consideration that the ` PARKS AUTHORITY will.be responsible for all maintenance and for all utility fees and expenses. 1.7. That once the new Indoor sports facility is built, which will contain the new concession.stand, the PARKS AUTHORITY will continue to have responsibility for the concessions and the PARKS AUTHORITY shall retain all net profits fiom the concession stand. 3 18. That CCSA will use any concession fees that it receives to pay for referees and any additional amounts will be used to reduce the cost of registration to soccer participants. catnTex Advec tiding aria NN<ma:t�I2il3t 19. That all advertising revenue for the Premier Field and for the indoor complex shall be distributed to the PARKS AUTHORITY, and the revenue is to be only used to pay down any existing debt on the property,maintain the facility, and add additional features. 20. That all other advertising revenue from the other fields will be distributed to CCSA. 21. That in the event that a corporate sponsor is found for the whole complex, then 75% of revenue shall be distributed to the PARKS AUTHORITY, and 25%will be distributed to CCSA. Leagues and'T'ournaments 22. That CCSA shall be responsible for the running of all soccer leagues and soccer tournaments at the complex, unless agreed to otherwise between CCSA and the :PARKS AUTHORITY. 23. That JYPFL will be responsible for the running of all Football leagues at the complex. 4 ��s gut 24. That all disputes should first be resolved by an.informal settlement conference between the CCSA board and the PARKS AUTHORITY. If disputes cannot be resolved amicably via an informal settlement conference, then both parties agree to refer their dispute to mediation. That this agreement shall be interpreted pursuant to the laws of the State of Indiana. 'I sisxance and Liability 25. That both parties agree to maintain comprehensive liability insurance coverage on said sports complex in the minimum limits of$1 million per occurrence and $2 million aggregate, and that each party shall indemnify and hold harmless the other party for any loss or damages incurred as a result of any acts or omissions by the other party. IN WITNESS WHEREOF, the parties hereto have executed on this O' day of 2013, or caused to be executed by their duly authorized officials, this Agreement. CCSA: B u,ck WO 5 PARKS AUTHORITY: By j ATTEST: 6 of 200' 400' 600, SCALE: 1" 200' 3 rn NORTH AND ALL BEARINGS SHOWN ¢� tC '• o HEREON ARE BASED ON NAD 1983,INDIANA PLANE COORDINATESONED EAST , TE GPS CONTROL AND OBSERVATIONS, o o d� 0: 05, rs: ' z loe Lo z 10' INGRESS/EGM$S ,r f EASEMENT VAI I ' 8.939 ACRES i 1 ww II S 38.54'26 ( F z I I z `'�-S 51'05'34" E 97.05' o 5 3g'S4`:28" W 415.99 S .. 0 t� U0 .� l._ CLARK COUNTY SOCCER ASSOCIATION, INC j D.D. 25, INST. 20442 torn a LEGEND �ws P.O.C. - POINT OF COMMENCEMENT 110 T.P.O.B - TRUE POINT OF BEGINNING Ed o z_a ;x'49 w 0 PUBLIC SERVICE COMPANY OF INDIANA, INC y 32' ELECTRIC POLE LINE EASEMENT y D.R. 161, PAGE 374 CSX RAILROAD 30' (FORMERLY B&0) NOTES THIS EXHIBIT DOES NOT REPRESENT AN ORIGINAL SURVEY, RETEt,4CEMENT SURVEY, ROUTE SURVEY OR SURVEYOR'S LOCATION REPORT" AND SHOULD NOT BE RELIED UPON AS SUCH.. INFORMATION SHOWN HEREON REPRESENTING BEARINGS AND DISTANCES IS BASED ON A SURVEY PERFORMED BY THIS COMPANY ON SEPTEMBER 27, 2011. CLARK COUNTY SOCCER ASSOCIATION, INC. M EXHIBIT ' .7•C,AR?.S EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYING A.ENGINEERCNG.LLC OF LAND SITUATED IN SURVEY X136 OF THE 958 WATER STR.E'I' A ILLINOIS GRANT, CLARK COUNTY, INDIANA CtCARC,ES'C'OWN,M 47111 1N THE CITY OF JEFFERSONVILLE. (817.)256.7981 SCrLF—fe AS NOTED I DAZE: 5-1-13 1 DRAWN: H.LH. CHOCKED N.L.H. DPAWING NO. 12-640L JOB Ho. 12-64 ,a 2 (' 300, 10' INGM E£4RE5S '. MEi,I>�,Nl' j 013,0 ACRES LIME TABLE I«iNE BEARING h1SFANCIr L.1 S 69"22 E 149 3h' t t L2 S 51� 265.83' i 1 t W S 3A'SA�26 W 10 L4 F SrO! 3+4 W71- 2 .8 1 LSN 55.12 4 W 149' { t L6 N 20'33'01 E 1t 11 11 fl t4 t } CURVE TABLE 1 1 CURVE ARC LE-0714 FtAOtUS IbH01 0 >9FiF1IMC CHORD LENGTH t t C 1 s, E 102A � 2 46.2 S-88'56 4 42.95 L 3 C3 33,03 25 N 8I3 38 d4 W 30,68 C4 1117,31 1W 17' - S ;81`55 35'-W 112,46 CLARK COUNTY SOCCER ASSOCIATION, INC. EXHIBIT at�.�zr's EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYINO&ENGINEERING,LLC OF LAND SITUATED IN SURVEY #36 OF THE 958 WATER STREET B ILLINOIS GRANT; CLARK COUNTY, INDIANA CHARLESTOWN,IN 47111 IN.THE CITY OF JEFFERSONVILLE. * (812)2567781 SCALE:AS NOTED DATE: 5-1-13 DRAWN; HAH. CHECKM H,LH._.._ DRAWINO NO, 12-640L I JOB No. 12-64 That part of Survey Number 36 of the Illinois Grant, Clark County, Indiana being further described as follows: Commencing at a MAG Nail on the eastern corner of Creekstone Ridge, Section 3, Plat Book 12, Page 51, being on the centerline of Charlestown Pike (formerly Jefersonville—Charlestown Pike); Thence along said centerline, South 20 degrees 39 minutes 01 seconds West, 6.74 feet to a MAG Spike with an aluminum collar, the True Point of Beginning; Thence along the southwestern line of a 0.101 acre tract of land conveyed to the, Southern Indiana Railway, inc., as described in freed Record135, Page 459 (Parcel 17), South 48 degrees 29 minutes 17` seconds East, 315.04 feet toy`a steel: pin and nap. Thence continuing along the southwestern line 'of said railway (Parcel 6b), South 42 degrees' 35 minutes 17 seconds East, 276.82 feet;. Thence South 38 degrees 54 minutes 26 seconds West, 315.28 feet, Thence South 51 degrees 05 minutes 34 seconds East, 97.05 feet; Thence South 38 degrees 54 minutes 26 seconds West, 415.99 feet to the northeastern boundary line of Nicole Station (Plot Book 11, Fags 90); Thence along' said northeastern litre, North 51 degrees 04 minutes 06 seconds West, 426,14 feet to a MAG Spike with an aluminum collar on the centerline of Charlestown Pike, Thence along said centerline, North 20 degrees 39 minutes 01 seconds East, 828.02 feet to the True Point of Beginning. The above—described tract of land contains 8.939 acres, which is subject to all easements and rights—of—ways, including the following 10—foot wide Ingress—Egress Easement being further described as follows: Commencing at a MAa Nail on the eastern carrier of Creekstone Ridge, Section 3 Plot Book: 12, Page 51, being, on the centerline of Charlestown Pike (formerly Jefersonville—Chorlestown Pike); Thence 'along said centerline, South 20 degrees 39 minutes 01 seconds West, 561.61 feet to the True Point of Beginning; Thence South 69 degrees 22 minutes 34 seconds East, 1+19:34 feet; Thence 107,29 feet along a curve to the left having' a radius of 107.00 feet and a chard which bears North 81 degrees 55 minutes 42 seconds East, 102.86 feet; Thence with a reverse curve 46,25 feet along a curve to the right having a radius of aa.00 fest and a chord which bears South 88 degrees 56 minutes 44 seconds East, ` 42.95 feet; Thence South 51 degrees 05, minutes 34 seconds East, 26x.83 feet, Thence South 38 degrees 54 minutes 26 seconds West, 10.00 feert; Thence North 51 degrees 05 minutes 34 seconds West, .265.83 feat: Thence with a curve 33,03 feet.along a curve to the left having a radius of 25.40 feet and a chord which bears North 88 degrees 56' minutes 44 seconds Wast, 30.68; Thence with a reverse curve 117.31 feet along a curve to the right having a radius of 117.00 feet and a chord which bears South 81 degrees 55 minutes 35 seconds Wast, 112,46 feet, Thence North 69 degrees 22 minutes 34 seconds West, 149:34 feat,, Thence North 20 degrees 39 minutes 01 seconds East, 10.00 feet to the True Point of Beginning. 0.130 acres The above--described easement contains 0.130 acres, which is subject to all easements and rights—of—ways, whether of record or not. CLARK COUNTY SOCCER ASSOCIATION, INC. N EXHIBIT EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT r^ SURVEYING fie ENGINEERING,LLC OF LAND SITUATED IN SURVEY #36 OF THE , 458 WATERSTREF—l' ILLINOIS GRANT, CLARK COUNTY, INDIANA A CHARLES'IOWN,IN 47111 IN THE CITY OF JEFFERSONVILLE. (812)256-7781 SCALE:AS NOTED DATE:8-1-13 DRAWN: H.LH. .CHECKED:H.LH. rDRAWING NO. 12-64DL I JOB No. 12-64 TAX KEY NO: TAX MAILING ADDRESS: Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 WARRANTY DEED THIS INDENTURE WITNESSETH; that the CLARK COUNTY SOCCER ASSOCIATION, INC., an Indiana Corporation, by and through its duly authorized officer, CONVEYS AND WARRANTS UNTO THE CITY OF JEFFERSONVILLE PARKS AUTHORITY, in consideration of the sum of one dollar ($1.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the following described real estate situated in the County of Clark and in the State of Indiana, to-wit: SEE THE ATTACHED EXHIBIT "A" Subject to any and all easements and/or restrictions of public record. Grantee shall assume and be responsible for the real estate taxes due and payable beginning with the 2013 Fall Installment of 2012 taxes and all subsequent real estate taxes thereafter. TO HAVE AND TO HOLD, the same unto said Grantee, its heirs and assignees, in fee simple forever. THIS CONVEYANCE is made free and clear of all liens and encumbrances, except all taxes due and payable beginning with the 2013 Fall Installment of 2012 taxes and all subsequent taxes, which the Grantee, by the acceptance of this deed, assumes and agrees to pay. THE GRANTOR herein certifies that there is no Gross Income Tax due the State of Indiana under the act of transfer hereby made by this conveyance, IN WITNESS WHEREOF, the Grantor had hereunto set its hand and seal, this the .21 day of 1)VAS _, 2013. CLARK COUNTY SOCCER ASSOCIATION, INC. An Indiana Ca oration ("Grantor") By: President STATE OF INDIANA } } SS COUNTY OF CLARK } BEFORE ME, the undersigned a Notary Public in and for said County and State, personally appeared P�;�i 1)ockt�o4-{-, who, having been first duly sworn under oath and by affirmation for the penalties of perjury, acknowledge the execution of the foregoing Warranty Deed and further stated that the matters and facts contained therein are true and correct to the best of his or her knowledge and belief. WITNESS my hand and notarial seal this day of , 2013 ' { CAVA#RANCO ROOM P't KIO STtATC OF INDIAN p Notary Public: �+-ay-,c ca `FF ", KCOUNTY �MI ION EXPIRES 0s10W`19. Resident of Clark County, Indiana My Commission Expires:, 7 `* ri#affirmitd „r the penalties for perjury, that I have taken reasonable care to redact each Social Security nu r ber in this document, unless required by law." R, C TT LE This Instrument Prepared By: R. SCOTT LEWIS Attorney at Law 530 East Court Avenue Jeffersonville, IN 47130 (812) 288-6820 E&I 1q4 That part of 'Sotvoy Number 36 of the Illinois Grant, Clark County, Indiana Wein' further described as follows: Coarlmancirlg, at a MAG Nail on the eastern COMOr of Creekstona Ridge. 'Sectibil 3e Mai Book 12, being am tha8 cent Uns of ,Charlde town Pike( formerly �efersonvitla-Chokl stowt.'. Pike); Ihance olrng said ,cen sterlin6 South 20 degrees 0 rriinutes 01 ' corlds '+Nest, 6,74 feat to a MAG Spike with on. aluminu6" dollar, #ho True POW of I3rginr'160. Thence along the oauthwOffitOM line of: a 0.101 racri ItrCNA as lanai conveyed to tt ab Southern Indlana ReAwoy, described In need R000rd 135, Page 4S9„tPd 01 17), South 48 Bogros 29, trtinutses 17 seconds, East, 31 ,0 4 f acct t a utdet;. pin and swap; -Thence +»orrtiail ii along the, 400thWwelr, Iine of, saki raallwey` (omel, ;8b)» -South 42 do+gre '-35 Minutes, 1 t :3alCObda3 East, 27 'k feet; 'Thetics Saaath .� " degrees 5 rntrllrtaesl:. { ssoonds MIA 31 ZA feat; Thonce Soaitit, 51 degraos Cl: Minutt±sr 34 Soda.na3sCost, 1"05 feet; Thence:South dagrat+e'a 4 minutes .16 > scards W., 64 feat" t filo zlart.ieastaiai;. baundCr+ ltnae.of Nicote_Skation.(Plaxt, book 11, Pao 90) Tllereaae; along axiat northataasteral title, North "51 Wool;. � rhaa�utes 06 da Bomb West. 251 'fps# ttt a IvAG Sp.ke `wiih Qn aalurrilnurri aofiair on file cor►telriirla trf Ctyorktsstaxwn Pike. Thence ;along snid;. asiliter#tr4e; North eft ;ete ii ear Sfd iyahutai tl1 soconda a t, ,{) fleet to the 7riaa paD#nt of 800014 ,q#>gr�#e—dedctibed: tract of land owtalns 0 539 ones, which. The 3s i4ulx�aat tax• ati semasnts and rights—of—ways, inch...41 ig the oilgigYride Ingress— gre Easement being furtharir' sdescriba3a as faxliaws: campne"Cog exto,MACNdU of t the, evstem a;aamer of .CreeksitiW S#oWtr a» "Plat Book 12: Page. 61j basing on fhae oeriterti e. of fitledsttow i P14, (}formerly Mor'sornrll3e--Gha>larstaSw» PiMe); Chance biting .;aalaf a:a�titor na, South �0 degrease minutes Ct1 itaonafs West, 88y".61 foe# 16loos True 0161M Of Beginning; Itiheneo South69 degroes -22 Minutes 34 seconds l aist, 1� feet;• Thence 107.29 foot atong a calrve to the left: having 0 r07 0j.orf 107.Ob feat a� a chord which 6aaers• North' 81 iaognees "a5 minutes 42'•riecbrids East, 102.86 foot; Thence with roveme ourvre" ;40.2:1 fsot along a curve tai tots right having a radius o 36.00`fa st csnt3 -e ah)rd which oilers; youth �� dogtetes rxrinwtea s critls fast» 42.9 a .feet. Thetics `«south v1 de�Ta!es: t15 rrilnwtass 34 seconds 6sii. z-OK t3 feet; Yhenoo South 8` ,deg n 64 miraub" stscainds WOet, 1 O Ota f�:c Tlionce m fJortti1 degrs' 05 ,mina�tais;. ,3a4 seconds 4iassl. 216 5,63 facet; 77ahba With a�tztrtc� x'.03 # -along a curve , the��le#t hcvia a rgflue.. a, 25.w. lest drfd' ax chord which ba3am North degree 'minu. 44 Sraigbfids es,, .3(3.68; Tlrericte with o reverse ,Curve 117.31 feet rrlaral a curve to that right hroOng. o'. r i4*' of. 117'.00 feet tend a chord which to 'e: South $1., d+ r85�a mirla�' 35 s3#r�+xnde Went, 112,46io#t; 7henes Nrsrth. ` 13S aiasgmos 22 rnraiattais 34 seco;jds QSt 149.34 fed, Then; t�lortlO eft a3enra'a Sir "rri.nutoe Cil s ands fast, 1p 00 feiei tel:. the 'True-. {paint of I�.axginiirig.. 0,130 acres The above—described easement contains 0,130 acres, which is subject to all easements and rights—of—ways, whether of record or not. CLARK COUNTY SOCCER ASSOCIATION, INC. c N� S EXHBr EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT w» SURVEYING&ENGINEERING,LLC OF LAND SITUATED IN SURVEY #36 OF THE "ae 758 WATER STREET ILLINOIS GRANT, CLARK COUNTY, INDIANA CHhR(812)LESTOWN. 41111 IN THE CITY OF JEFFERSONVILLE. '" " (812)256.77881) 4 SCALE:AS NOTED ae ::a-1-13 pRAWNr k.L.N. cHECr.ED: tt,4.N. DRAwMU No. 12-84D1 JOB.No. 12-64 G; 200, 400' 600' z SCALE: 1" 206'' / NORTH AND ALL BEARINGS SHOWN t xiv / z HEREON ARE BASED ON NAD 1983, tC,,Oj z w INDIANA EAST ZONE, STATE' PLANE COORDINATES AS DERIVED FROM GPS CONTROLAND OBSERVATIONS. ko IL Lu ' �,10' INGRESS/EGRESS EASEMENT ca II Lo rn 8.939 ACRES II rn v II s 385426 w a `—S 51105'34" E w d, 97,05' o s as'5x'x " W art+�`' �: R ASSOCIATION, INC CLARK COUNTY SOCCER O.D. 25, INST. 20442 i <0) w c, P.O.C. - POINT OF COMMENCEMENT fail T.P,O.B - TRUE POINT OF BEGINNING ; o i 01 z 1 49 p f")ci M 0 W _. PUBLIC SERVICE,,COMPANY OF O O*I It INC. 32' IELECTRIC POLE LINE EASEMENT co D,R. 1,6j. PAGE 374 CSX RAILROAD ' 30 (FORMERLY B&O) NOTES THIS EXHIBIT OOPS NOT AEPRMN7 ANOfktO 1AL S'Ay -'; RETRACEMENT SURVEY; 107E SURNE` OR SU1tVE'al�R'S CtICAT101d REPORT AND SHOULD N�31 11 tEp UPON AS SUCtt.. INFORMATION SHOWN; ]IOCON, ARINt#S AND" DISTANCES IS [3A tO, pN A Suw I ERFOR E�7 ET4 fbti COMPANY ON SEPTEMBER 27, 2011. CLARK COUNTY SOCCER ASSOCIATION, INC. N � EXHiBff . y EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYING k L"NGME MMO.LLC OF LAND SITUATED IN SURVEY #36 OF THE a 958 WATER STREIeT ILLINOIS GRANT, CLARK COUNTY, INDIANA " CHA1tLJSTOWN.IN47111 IN THE CITY OF JEFFERSONVIU.9 " (812)256.7751 . SCALE:AS ZED DA'1E: 5-1-13. DRAWN: H.L.H. CHECKED: H,L.N. DRAWING IdO, 12-6hDi. JGD Na 12-6� 1 Wo GX 0' 100, 200 �1 SCALE: 1" m 100' 1� 40' INGRESS/EGRESS EASEMENT ` 0.130 ACRES ck Isc LINE TABLE E," RING . A WE L, sza E 1d9 4'' t t ,� #Sig 1{ : 1 w L 4. !J S7`0s3 34 W 265.83 t t fV 622 W 149.34 t 1 Lo re s D7 to I1 i1 CURVE TABLE t 1 CURVE 'ARC LEMG"fN RADIUS CHORD BEARING ONG7R0--LENGTH { 1 Cl 107, i07 8 '554 E. 102,F3G C2 46.2: 35' `a'l38M5 4° 4^x.05 C3 33.03. 25 N; 56 44 W 30.88 C4 1171 117 5 8i"55 35 W 1 f2y46 CLARK COUNTY SOCCER ASSOCIATION, INC. N HARre g EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT V SURVEYING k ENGiNEEMO,LLC OF LAND SITUATED IN SURVEY #36 OF THE �i 558 WATER STREET ILLINOIS GRANT; CLARK COUNTY, INDIANA CHARLESTOWN,TN 47111 IN THE CITY OF JEFFERSONVILLE, (812)256.7781 q, 5CN.E:_A5.NDTLD PATE 5-1-1J DRAWN: H.L.M. CNECk!':1: hi.LH, prAw;140 NO. 12-64DL .JOB Na. 12-64