HomeMy WebLinkAboutSister Ray Records (Depot Shop Rental) City of Jeffersonville
Government Contract Coversheet
Please note: All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
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Business:Sister Ray Records Venue Owner:City of Jeffersonville Parks Department
Agent:Brian Leonard Agent: Elizabeth Carter,Parks Authority Board President
Address:1412 High Meadow Rd Jeffersonville,IN 47130 Address: 500 Quartermaster Ct.Jeffersonville,IN 47130
Phone:812.707.1996 Phone:812.319.3280
Email:leonard.brian89@gmail.com Email: apowell@cityofieff.net
The Depot at NoCo Shop Rental Agreement
This contract shall serve as a binding agreement between the City of Jeffersonville Parks Department
(referred to hereinafter as the "City"), and Sister Ray Records (referred to hereinafter as "Business"),to
rent a container and facilitate sale of merchandise at designated events at The Depot event venue,
located at 701 Michigan Ave. in Jeffersonville, IN.
Whereas, the City is operating The Depot as a special events venue, hosting community events, festivals
and concerts, and facilitating venue rentals for personal and business use.
Whereas, the venue includes container buildings designated for merchandise sales (referred to herein as
the "Shops").
Whereas, it is in the mutual interests of the City and the Business to enter into this contract agreement.
THEREFORE, BE IT AGREED by the parties as follows:
1. This contract serves to set parameters for The Depot at NoCo venue that will operate January 1,
2025 through December 31, 2025.
2. The City hereby grants to the Business the right to sell merchandise at The Depot.
3. The recitals set forth above shall be incorporated herein by reference as a substantive part of
this contract.
4. The Business shall execute services in accordance with the following:
a. Provide a variety of merchandise and a point-of-sale in the designated area at
the Venue.
b. Maintain the cleanliness of the Shop and all equipment and decor provided by the City.
c. Coordinate all aspects of planning with the Venue Manager which include, but are not
limited to: placement, expectations, regulations and financial reporting.
d. Monitor all sales during the event to ensure they adhere to all expectations and
regulations as set forth by the United States Government, State of Indiana, City of
Jeffersonville.
e. Attend meetings with City staff prior to the events, and as needed throughout the
season,to ensure compliance with all expectations, regulations and ordinances.
5. The Business will make a payment to the City in the amount of 10%of net sales revenue by
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December 31, 2025. Financial records and payment will be processed as follows:
a. Business will submit sales statements by December 20, 2025.
b. Venue Manager will review sales statements and calculate the payment due,
then issue an invoice to Business.
c. Business will submit payment in full via online processing or a check delivered to
the Parks Department.
d. If payment is not made in full by the set deadline,the City has the right to
pursue any and all legal remedies as its attorney sees fit.
6. The City hereby agrees to provide the following:
a. Access to the Shop and the equipment in place for the purpose of displaying
merchandise.
b. Electrical service and climate control currently facilitated at the venue.
c. Designated area for the Business to facilitate the point-of-sale.
7. Governing Law:This contract shall be governed by the laws of the County of Clark in the
state of Indiana,and any applicable United States Code or Administrative Orders.
8. Arbitration Clause: All disputes,controversies,or claims arising out of or relating to this
contract shall be submitted to binding arbitration in accordance with the applicable rules of
the American Arbitration Association then in effect.
9. Attorney Fees: In the event of any legal action (including arbitration)to enforce or interpret
this contract,the non-prevailing party shall pay the responsible attorney's fees and other
costs and expenses(including expert witness fees)of the prevailing party. In addition,such
non-prevailing party shall pay reasonable attorney's'fees incurred by the prevailing party in
enforcing,or on appeal from, a judgement in favor of the prevailing party.This provision is
intended by the parties to be severable from the other provisions of this contract and to
survive and not be merged into such judgement.
10. Indemnification:
a. Business(including, by definition here and herein below,the Business' employees,
officers, agents, representative, contractors and invitees)shall release,discharge,
indemnify and hold harmless the City and its officials,employees,agents and
representative from and against liability for any claim,demand, loss,damages,
penalty,judgment,expenses,costs(including costs of investigation and defense),
fees, (including reasonable attorney and expert witness fees)or compensation in any
form or kind whatsoever for any bodily injury,death, personal injury,or property
damage arising out of or in connection with any act, error or omission by the
Business or for any resulting liability alleged to accrue against City on account of the
Business'acts, errors or omissions; provided, however,that such indemnity shall not
be construed as an indemnity for bodily injury or property damage arising from the
sole negligence or intentional acts of City or its employees.
b. Business further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims,demands, or lawsuits related to its acts,errors
and omissions hereunder at its sole expense and shall bear all other costs and
expenses related thereto, even if the claim, demand or lawsuit is groundless,false or
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fraudulent.
c. Security Cameras: Business shall be permitted to install, at its expense, security
cameras to the area it operates at the Venue. Business hereby releases the City of
any liability related to the installation, operation and removal of the cameras.
Business shall hold the City harmless for any damages, attorney fees and court costs
related to the installation, operation and removal of the cameras. Business shall
share the security camera footage to the City if so requested by the City.The
security cameras shall be the property of the Business and shall be removed from
the Venue within thirty(30) days after the termination of this Agreement.
11. Termination: Should the Business default in the performance of this Agreement or materially
breach any of its provisions,the City shall have the option of terminating the Agreement by
giving written notification to the Business at the address shown herein.This agreement may
also be terminated by the City at its option and without prejudice to any other remedy which
it may be entitled either at law, in equity,or under the terms of this Agreement in the event
of any of the following:
a. Requests relief from any obligation under this agreement.
b. Makes a request to discharge a debt to the City in Bankruptcy.
c. Is adjudged to bankruptcy.
d. Becomes insolvent or has a receiver of his/her its assets or property appointed because
of insolvency.
e. Makes a general assignment for the benefit of creditors.
f. Suffers any judgement or against him/her/its to remain unsatisfied or unbounded of
record for thirty(30) days.
g. Institutes or suffer to be instituted any procedures for reorganization or rearrangement
of his/her/its affairs, or fails to secure and/or maintain permits or licenses necessary to
carry out said terms of this agreement.
In the event of a termination, any moneys due on the date of termination shall be
immediately due and payable.
12. Relationship of Parties: It is understood that the City is not in any way or for any purposes
partner or joint venture with, or agent of, Business in the Business' operation of sales.
13. Assignment: Business shall not assign its interest herein without the written consent of the
Authority which consent may be withheld in City's sole discretion.
14. Surrender upon Termination: Upon the expiration or earlier termination of this Agreement,for
any reason whatsoever, Business shall peaceably surrender to City possession of the Shop.
15. Entire Agreement:This writing, together with all of the attached Exhibits, constitutes the entire
agreement of the parties.This Agreement supersedes all prior Shop agreements, if any,
between the parties, and no representation, warranties, inducements, or oral agreements that
may have been previously made between the parties shall continue in effect unless stated
herein.This Agreement shall not be modified except in writing, signed by the City and Business.
16. Term/Renewal:The initial term of this Agreement shall be for the city-organized events, as well
as venue rental events, at The Depot, between the dates of January 1, 2025 and December 31,
2025. At the expiration of the initial term, this Agreement will be fulfilled. The City has the
option to renew this agreement for subsequent years if it so chooses.
17. Notice: Any notice given pursuant to this Agreement other than which is specifically permitted
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to be given in some other fashion shall be in writing and shall be delivered by hand, by
overnight courier or by registered or certified mail, postage prepaid, return receipt requested
and addressed as follows:
a. If to City:
Jeffersonville Parks Department
Attn: Paul Northam, Parks Department Director
500 Quartermaster Court#205
Jeffersonville, IN 47130
812.285.6440
b. If to Business:
Sister Ray Records
Brian Leonard
Jeffersonville, IN 47130
812.707.1996
Notice shall be deemed given when delivered if hand-delivered by courier or two days
after the date indicated on the postmark if sent by U.S. Mail.
Either party may change its address to which notices shall be delivered or mailed by
giving notice of such change as provided above.
By signing below, both parties agree to all the clauses and conditions as stated in this contract.
gt�a Date Si ature Date
Brian Leonard, Owner Elizabeth Carter, President
Sister Ray Records Jeffersonville Parks Authority Board
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