12-08-14 Regular Meeting of La Porte City Council

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shall have the right to use the various youth softball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup softball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no league/team practice, practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Preparedfor such games (Special Preparationshall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VII. To the extent allowed by lawTthe City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association’s scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible,provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insuranceevidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. Page 3of 7