HomeMy WebLinkAboutCLARK COUNTY SOCCER ASSOC AGREEMENT BETWEEN JEFFERSONVILLE PARKS AUTHORITY
AND CLARK COUNTY SOCCER ASSOCIATION
THIS AGREEMENT, made this 1( day of fn A,/ ,2018, by and
between the City of Jeffersonville, by and through its Parks Authority("JPA"),and the Clark County
Soccer Association ("CCSA").
WITNESSETH: That the parties hereby stipulate and agree as follows:
1. This agreement governs the use and operation of the sports facility commonly known as
the John Woerhle Soccer Complex("Complex")located at 4300 Charlestown Pike in Jeffersonville,
Indiana,more fully described in attached Exhibits"A through C",which are incorporated herein.
2. The CCSA has previously conveyed and transferred its ownership of certain real estate
located in front of the complex,as more fully described in attached Exhibits"A through C",which are
incorporated herein.
3. The CCSA has retained ownership of other real estate at the complex.
4. The JPA shall provide CCSA an easement for access to the rear portion of the complex,
more fully described in attached Exhibits"A through C",which are Incorporated herein. Additionally,
JPA shall provide the CCSA with use of the parking lot at the complex.
ARTICLE 1: PREMIER FIELD
7. The CCSA shall have primary use of the Premier Field on Saturdays during its Fall and
Spring seasons. The Jeffersonville Parks Youth Football League(JPYFL)shall have primary use of the
Premier Field on Sundays during its Fall and Spring Seasons.
8. Twice per year,on dates mutually agreed upon by the parties,CCSA shall have full use
and enjoyment of the Premier Field for the weekend to host its tournaments.
9. All other use of the Premier Field shall be at the sole discretion of the JPA.
10. All field usage rental fees for the Premier Field shall be retained by the JPA. There shall
be no rental fees for the JPYFL and CCSA league and tournament usage.
ARTICLE 2:OTHER FIELDS
11. Each season,CCSA shall designate an area in its part of the complex to be used by JPYFL
for the younger aged registrants which shall be defined as anyone satisfying the age requirements to
participate in the JPYFL program. This field shall be large enough to encompass the youth sized football
field. JPYFL shall have the use and enjoyment of this field free of charge.
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12, All other fields used by CCSA shall be primarily used for soccer, unless mutually agreed
otherwise by the parties.
13. All usage fee rentals on other fields shall be retained by CCSA.
ARTICLE 4: ACTIVITIES BUILDING
14. The use and rental of the activities building at the complex,including the locker rooms
and meeting rooms,shall be at the sole discretion of the JPA. All rental fees at the activities building
shall be retained by the JPA.
ARTCILE 4:MAINTENANCE
15. The CCSA shall be responsible for maintaining property,including the mowing,mulching
and landscaping,at the complex south of the property line as more fully delineated in attached Exhibit
"D",which is incorporated herein.
16. The JPA shall be responsible for maintaining property,including the mowing, mulching
and landscaping,at the complex north of the property line as more fully delineated in attached Exhibit
"D",which is incorporated herein.
17. Regardless of their location on the property,JPA shall be responsible for maintaining all
building structures at the complex, including the activities building, maintenance building, concession
stands, restrooms, locker rooms,meeting rooms,and offices.
ARTICLE 5:UTILITIES
18. All utility fees and expenses shall be the responsibility of the JPA.
ARTICLE 6:CONCESSIONS
19. CCSA shall have the right to manage and operate the concession at the complex.
a. CCSA shall retain all net proceeds from when it operates the concession.
b. CCSA shall be responsible for operating the concession for all JPA approved events as
long as CCSA is given at least(2)week notice via electronic mail of the scheduled event.
c. JPA reserves the right to terminate CCSA's right to manage and operate the concession
in the event CCSA fails to provide concession at scheduled JPA events.
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ARTICLE 7:ADVERTISING AND NAMING RIGHTS
20. All advertising revenue from the Premier Field shall be distributed to the JPA and held in
a non-reverting for the payment any debt on the property, maintenance of the complex and/or make
capital improvements to the complex.
21. All advertising from the other fields shall be distributed to the CCSA. CCSA shall obtain
prior approval from JPA of any and all future advertisement; however,said approval shall not be
unreasonably withheld.
22. In the event a corporate sponsor is obtained for the entire complex,the revenue from
the sponsorship shall be divided as follows: 75%to JPA and 25%to CCSA.
ARTICLE 8:LEAGUES AND TOURNAMENTS
23. CCSA shall be responsible for operating all soccer leagues and soccer tournaments at the
complex unless otherwise mutually agreed upon by the parties.
24. JPYFL shall be responsible for operating all football leagues at the complex.
ARTILCE 9:LIGHTING
25. The scheduling of lighting for the complex shall be the sole responsibility of the JPA or
its agent. CCSA shall coordinate with JPA or its agent to schedule lighting at the complex or any
modifications of the lighting schedule.
ARTILCE 10:PARK RULES
26. JPA Park Rules shall apply to the complex and all fields.
ARTICLE 11:TERMINATION
27. In the event either party commits a materially breach of its obligations hereunder,the
other party may,at its option terminated this agreement by written notice of termination specifying
such material breach and shall be considered at default;provided, however,that is such default is
subject to cure,then such notice shall be subject to a twenty(20) day cure period from the date of
notice,and if the defaulting party cures default prior to the expiration of such period,termination shall
not take place.
ARTILCE 12:GOVERNING LAW AND ATTORNEY FEES
28. This agreement shall be governed by and construed in accordance with the law of the
State of Indiana. Each party hereto irrevocably submits to the exclusive jurisdiction of the Indiana State
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Courts located in Clark County, Indiana. Each party shall be responsible for their own attorney fees and
other costs of any litigation brought under or arising out of this agreement.
ARTICLE 13:TERM
29. This agreement shall be for twenty-five(25)years commencing on the date of
execution.
ARTICLE 14:INSURANCE AND LIABILITY
30. Both parties agree to maintain comprehensive liability insurance coverage on the
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.
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Clark County Soccer Association Jeffersonville Parks Authority
By: Paul Duckwort By: Bill Burns
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Date: �/?(if�� Date: S (
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EXHIBITS"A THROUGH C"
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THIS EXHIBIT DOES NOT REPRESENT AN ORIGINAL SURVEY,
RETRACEMENT 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. N
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EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYING&ENGINEERING,LLC
OF LAND SITUATED 1N SURVEY /38 OF THE a 958 WATER STREET A
ILLINOIS GRANT, CLARK COUNTY, INDIANA CHARLESTOWN,IN 47111
1N THE CITY OF JEFFERSONVILLE. (812)256.7781
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I I L2 S 51'05'34" E 285.83' I
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I I CURVE ARC LENGTH RADIUS CHORD BEARING CHORD LENGTH
I 1 C1 107.29' 107' N 81'55.42" E ' 102.66'
C2 48.25' 35' S 88'56'44" E , 42.95'
L3 CS 33.03' 25' N 88'56'44" W 30.68'
C4 117.31' _ 117' S 81'55'35" W, 112.46'
CLARK COUNTY SOCCER ASSOCIATION, INC. N
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EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYING&ENGINEERINO,LIC
OF LAND SITUATED IN SURVEY #38 OF THE 958 WATERSTRELT B
ILLINOIS CRANE CLARK COUNTY, INDIANA r' CHARLESTOWN,IN 47111
IN.THE CITY OF' JEFFERSONVILLE. (812)256.7781
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SCALE:AS NOTED I DATE: 5-1-13 1 DRAWN:H.LH, CHECKED:H,LH. J DRAWING NO. 1Z-64DL I JOS No. 12-64
DESCRIPTION
That port of Survey Number 36 of the Illinois Grant, Clark
County, Indiana being further described as follows:
Commencing of a MAC Noll on the eastern corner of Creeketone
Ridge, Section 3, Plot 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., os
described in Deed Record 135, Page 459 (Parcel 17), South 48
degrees 29 minutes 17 seconds East. 315.04 feet to a steel
pin and cop; 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 (Plat Book 11, Page 90); Thence
along said northeastern line, North 51 degrees 04 minutes 06
seconds West, 426.14 feet to a MAG Spike with on 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 MAC Nail on the eastern corner of Creekstone
Ridge, Section 3, Plot 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, 561.61 feet to the True Point of
Beginning;
Thence South 69 degrees 22 minutes 34 seconds East, 149.34
feet; Thence 107.29 feet along a curve to the left having a
radius of 107.00 feet and a chord 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 35.00 foot 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, 265.83 feet; Thence South
38 degrees 54 minutes 26 seconds West, 10.00 feet; Thence
North 51 degrees 05 minutes 34 seconds West, 265.83 feet;
Thence with a curve 33.03 feet along a curve to the left having •
a radius of 25.00 feet and a chord which bears North 88
degrees 56 minutes 44 seconds West, 30.68; Thence with a
reverse curve 117.31 feet along a curve to the right having o •
radius of 117.00 feet and a chord which bears South 81
degrees 55 minutes 35 seconds West, 112.46 feet; Thence North
69 degrees 22 minutes 34 seconds West, 149.34 feet; 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—woys, whether of record
or not.
CLARK COUNTY SOCCER ASSOCIATION, INC. N MGRs5
EXHIBIT AND DESCRIPTION OF A 5.939 ACRE TRACT2K suevnvn G&fs1R7ENGMEfi R1NG,LLC
OF LAND SITUATED IN SURVEY #36 DF THE 958 WATER STREET C
ILLINOIS GRANT, CLARK COUNTY, INDIANA CHARLESTOWN,JN47111
IN THE CITY OF JEFFERSONVILLE. (512)256-1781
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SCALE:AS NOTED 1 DATE:5-1-13 I PRAWN: H.L.H. CREOLES:HIM. 1 DRAWNO NO.12-M131.1 JOU No. 12-54
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CSX RAILROAD 30'
(FORMERLY B&O) NOTES
THIS EXHIBIT DOES NOT REPRESENT AN ORIGINAL SURVEY,
RETRACEMENT 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
3-(.siRT S EXHIBIr
EXHIBIT AND DESCRIPTION OF A 6.939 ACRE TRACT -a SURVEYING&ENGINEERING,LLC
OF LAND SITUATED IN SURVEY #36 OF THE / 6 958 WATER STREET A
ILLINOIS GRANT, CLARK COUNTY, INDIANA CHARLESTOWN,IN 47111
IN THE CITY OF JEFFERSONVILLE. • " (812)256.7781
SCALL AS NOTED DATE: 5-1-13 DRAWN:H.L.H. CHECRED: WIN. DRAWING NO. 12-840L JOB No. 12-64