HomeMy Public PortalAbout011-Parks & Prop BustersMEMORANDUM OF AGREEMENT
This Agreement is entered into by and between Board of Parks and Recreation (hereinafter
referred to as "Department"), and the Prop Busters Remote Control Club (hereinafter referred to
as "Club").
In consideration of the mutual promise and covenants contained herein, the Department and the
Club hereby agree as follows:
I. The Department shall permit Club to use the facilities at Middlefork Reservoir for its
activities.
2. Club and its members must abide by all rules and regulations of the Department,
including but not limited to, any applicable posted hours.
3. Department may order Club to cease or relocate its activities at any time should it be
necessary for the proper use, safety or enjoyment of Middlefork Reservoir.
4. Pursuant to Indiana Code 22-9-1-10, Club, any sub -contractor, or any person acting on
behalf of the Club or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
5. This Agreement will be deemed to have begun on January 1, 2004, and shall expire on
December 31, 2004. Any changes required by the Department during the effective dates
of the Agreement will be provided in writing to the Club at least thirty (30) days prior to
the date the change will go into effect.
6. Club agrees to provide Department with a schedule of events no later than October 31,
2004, for the 2005 calendar year. Department reserves the right to utilize or allow
others to utilize the shelter when not reserved by the Club.
7. All improvements to the facilities must be approved by the Department in writing prior
to the commencement of any construction work. Proposals must be submitted in riting
at least sixty (60) days prior to the project start date. All improvements become the
property of the Department.
8• The Department agrees to advertise the Club and its events in the Seasonal Brochures for
the facility.
9. Club shall include the following language on all printed material concerning its operation
and events, "In cooperation with the Richmond Parks and Recreation Department and
the Indiana -American Water Company."
10. Club shall provide volunteers for "Spring & Fall Gorge Clean-U
Lights" and other service projects as requested by the Department „Celebration of
Contract No.11-2004
11. Club shall remove all trash and debris after each Club event at the
facility, and shall obey all rules and regulations set forth by the Richmond Parks
and Recreation Department.
12. Club shall appoint one (1) representative to sit on the Middlefork Reservoir Advisory
Committee.
13. Club shall provide the Department with a written financial statement on or before
December 31st of each year of the agreement.
14. Club agrees to provide members to serve as line leaders at the "Haunted Forest" event,
which is sponsored by Department, if such event is held at the Middlefork Reservoir.
Club shall be compensated at the rate of Ten Dollars ($10.00) for each member who
serves as a line leader on a per diem basis.
15. Club shall require participants in all events and contests to sign the City's liability waiver
prior to participation.
16. Club shall procure a general liability insurance policy with limits of liability no less than
$1,000,000 per person and $1,000,000 per occurrence. The City of Richmond shall be
named as a co-insured on such policy. Club shall provide the Department with a copy of
such policy or Certificate of Coverage on or before May 31, 2004 and shall not be
permitted to engage in activities at Department's facilities until proof of coverage is
provided.
17. Club shall charge all contest participants a one dollar ($1.00) fee that will be deposited in
the Middlefork Reservoir Improvement Account. Club shall provide Department with
such fees and a verified list of all contest participants within five (5) calendar days
following an event or contest.
18. Club shall provide the Department the names and phone numbers of all officers by
January 1, 2004, or when elected.
19. Club shall direct all inquiries regarding this Agreement or the usage of facilities at
Middlefork Reservoir to Jim Dykes, at 983-7423 or the person designed by the
Department from time to time.
20. Club agrees to indemnify, release, and hold harmless the City of Richmond, the
Department, and all employees, officers, or agents of the same from any liability that may
arise from the use of the facilities by the Club.
21. This Agreement is personal to the parties hereto and neither party may assign or delegate
any of its rights or obligations hereunder without the prior written consent of the other
party. It shall be controlled by Indiana law and shall be binding upon the parties, their
successors and assigns. It constitutes the entire Agreement between the parties, although
it may be altered or amended in whole or in part at any time by filing the Agreement a
written instrument setting forth such changes by both parties.
22. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which constitute but one and the same instrument.
23. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit
arising under this Agreement, if any, must be filed in said courts. The parties specifically
agree that no arbitration or mediation shall be required prior to the commencement of
legal proceedings in said court.
24. Any person executing this Agreement in a representative capacity hereby warrants that
he or she has been duly authorized by his or her principal to execute this Agreement.
25. In the event of any breach of this Agreement by Club, and in addition to any damages or
remedies, Club shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees.
26. In the event that an ambiguity or question of intent or a need for interpretation of this
Agreement arises, this Agreement shall be construed as if drafted jointly by the parties,
and no presumption or burden of proof shall arise favoring or disfavoring any party by
virtue of the authorship of any of the provisions of this Agreement.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks & Recreation
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Montgomnt)
APPROVED:
Sarah L. Hutton, Mayor
Date: - U
PROP BUSTERS REMOTE
CONTROL AIRPLANE CLUB
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