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Home My Public Portal About025-2016 - Metro - Abate of Indiana - Dana Property - Motorcycle TrainingMEMORANDUM OF UNDERSTANDING WHEREAS, It is the desire of the City of Richmond, Indiana, by and through its Board of Public Works and Safety (hereinafter "City"), to grant permission to ABATE of Indiana (hereinafter "ABATE") for the use of the premises located at 2153 Williamsburg Pike, in Richmond, Indiana, which premises is commonly known as the Dana foundry facility and premises (hereinafter referred to as "Premises"); and WHEREAS, In the interest of public service to the community of the Richmond and Wayne County area, the City of Richmond wishes to provide access to of the above - described Premises to ABATE, at no charge, in order that ABATE may conduct its yearly Motorcycle Rider Training Courses. NOW THEREFORE, the City and ABATE (collectively "Parties") wish to enter into this Memorandum of Understanding and hereby agree as follows: 1. The Recitals set forth above are hereby adopted and incorporated into the Terms of this Memorandum of Understanding. 2. This Memorandum of Understanding shall be in effect from April 15, 2016, through April 15, 2018. However, in the event City sells or leases the Premises, ABATE shall be given thirty (30) days written notice that ABATE must vacate the Premises. 3. ABATE may conduct its yearly Motorcycle Rider Training Courses as follows: i. 2016 — From April 15, 2016 through November 1, 2016; ii. 2017 — From April 15, 2017 through November 1, 2017; and iii. 2018 — From April 15, 2018 through November 1, 2018. 4. The City shall provide an area approximately 40' X 400' located at the southern part of the paved lot west of the Dana foundry facility on the Premises (hereinafter "course site"). 5. ABATE may use this course site exclusively during the term of the Memorandum of Understanding, except for dates required by the City of Richmond for the City's use. 6. ABATE will place a 12' X 60' office trailer and an 8' X 45' storage container on the course site near the lot. The office trailer and storage container may remain on the course site at the conclusion of the 2012 Training Course with the stipulation that in the event the parties fail to enter into subsequent agreements authorizing future ABATE training courses, or in the event City sells or leases the Premises, ABATE shall remove said office trailer and storage container within thirty (30) days of written notice from City. Contract Number 25-2016 7. The course site will be cordoned off for ABATE's use under the direction of Primex Plastics who currently rent adjacent property. 8. Power may be supplied to the trailer by Richmond Power and Light at the expense of ABATE. 9. ABATE may lay out a range on the pavement in latex, water based paint or with removable tape. Any markings shall be removed at the conclusion of the motorcycle training season. 10. ABATE will conduct Basic Rider Courses or Experienced Rider Courses during its yearly Motorcycle Training Courses on weekdays from 5:30 p.m. to 10 p.m., from 8 a.m. to 6 p.m. on Saturdays and from 8 a.m. to 4 p.m. on Sundays, and motorcycle licensing examinations on Thursday Evenings. Any schedule variation is to be approved by the City of Richmond. 11. ABATE will store property inside the trailers during the time that classes are not being taught. Any storage must be in compliance with state or local codes as interpreted by representatives of City of Richmond. ABATE agrees to hold the City of Richmond harmless for any damage to the trailers or any damage or theft of items stored in the trailers that are located at the Premises. 12. ABATE will secure signed Release Waiver and Indemnification for each participant as approved by City of Richmond Law Department. No use of the Premises by ABATE or any participants of the yearly Motorcycle Training Courses shall commence until the City is in receipt of the signed Waivers. 13. ABATE agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the ABATE's conduct or performance of this Memorandum of Understanding, either intentionally or negligently; provided, however, that nothing contained in this Memorandum of Understanding shall be construed as rendering ABATE liable for acts of the City, its officers, agents, or employees. ABATE shall as a prerequisite to this Memorandum of Understanding, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from ABATE's operations under this Memorandum of Understanding, whether such operations by ABATE or by anyone directly or indirectly employed by any of them, or by anyone for whose acts ABATE may be held responsible. ABATE agrees to provide City of Richmond evidence of the following insurance coverage, prior to the first motorcycle safety class: General Liability - $1,000,000 Occurrence $2,000,000 Aggregate Worker's Compensation -- In accordance with the State of Indiana requirements. Physical Damage — Coverage for all ABATE property used on premises. Fire legal liability coverage. The policy will include medical payments coverage as well as coverage for the motorcycles used in the program. The policy will name the City of Richmond as an additional insured. No use of the Premises by ABATE or any participants of the yearly Motorcycle Training Courses shall commence until the City is in receipt of an updated Certificate of Insurance for each year ABATE conducts the Motorcycle Training Course. 14. ABATE hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of ABATE's performance of its obligations pursuant to this Memorandum of Understanding. 15. City retains the right to revoke or amend its approval for the use of the Premises in the event of circumstances that may be unforeseen at the time of the signing of this Memorandum of Understanding. City may order ABATE to cease or relocate its activities at any time should it be necessary for the proper use, safety or enjoyment of the Premises. 16. In the event of any breach of this Memorandum of Understanding by ABATE, and in addition to any damages or remedies, ABATE shall be liable for all costs incurred by City due to the enforcement of this Memorandum of Understanding, including but not limited to City's reasonable attorney's fees. 17. A breach of this Memorandum of Understanding shall include, but not be limited to, failure of ABATE to comply with any of the terms of this Memorandum of Understanding, failure to procure and maintain appropriate levels of general liability insurance as set forth in the terms of this Memorandum of Understanding, or failure to adhere to all federal laws, state laws, and local ordinances. In the event ABATE is able to cure or resolve any action or situation that caused the breach, City will not hold ABATE in default if such cure is able to be performed within thirty (30) days of the date breach is deemed by the City to have occurred. City shall provide ABATE with written notice of the breach by first-class mail, and ABATE shall have thirty (30) days from the receipt of notice of breach or default to perform said cure. 18. In the event ABATE is unable to cure or resolve the breach, City may declare ABATE in default and breach of this Memorandum of Understanding, and shall proceed with any action necessary to take possession of the Premises. In the event of an emergency, City shall immediately proceed with any action necessary to take possession of the Premises. City may terminate this Memorandum of Understanding in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination. 19. Any written notice given pursuant to this Agreement shall be given to Jay Jackson, Executive Director of ABATE, at the address of P.O. Box 665, Bargersville, Indiana, 46106. IN WITNESS WHEREOF, the �,�t�es have executed this Memorandum of Understanding at Richmond, Indiana, as of the day of `, 2016, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By: �"- Vicki Robinson, President 1-�oBy: a �,..�- RicharFoore, Member Anthony L. Foster, II, Member APPROVED: now, M "ABATE" MOTORCYCLE SAFETY DIVISION, ABATE OF INDIANA, INC. By: Jay J son, State Director Date: oZ I CERTIFICATE OF LIABILITY INSURANCE FOA3i2/2�"16 " O�°" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER71FICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the pollcypes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may reWlre an endorsement A statement on this certillcate does not contier rights to the certificate holder in lieu of such endorsements . PRODUCER ISU Insurance Services - Underwood Agency 3990 State Road 38 East Suite 5A Lafayette IN 47905-9516 cOwACT NAME, Rebecca M- Jones, ACSR, CISR PHONE (765) 742-7320 F X (7155)742-7212 ADDRESS.rjones@underwoodagency.cam I S AFFORDINGCOV'ERAGE NAIC# INSIRE RA West Bend Insurance C 15350 INSURED ABATE of Indiana Inc. PO Box 665 51 N Baldwin St Bargersville IN 46106-0665 wuwgs.-Liberty Mutual 0001 INsuRERC: I SURERD: INSURERE: INstIRER : COVERAGES CERTIFICATE NUMBER..-CIa59202892 REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOWMNSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DIM FOR POLICY UWTS A X COMMERCIAL CENE L U" LRY CLNMS4dADE OCCUR 1001074707 9/1/2015 911/2016 EACH OCCURRENCE $ 1,000,000 PREMISS so=Awce S 200,000 NIEDE>p a101>Dfwn) $ 10,000 PERSONAL &ADVINJURY $ 1,000,000 GGHLAGGREGATE LIMITAPPLIES PER: X POLICYD.ECTED LOC OTHER: GENERAL AGGREGATE : 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 Employse59roMs S 1,000,o00 A�'OwNED AuroMoelLE4A81uTY ANYAUTO SCHMULED HIREDAUTOS SOS I 1002074707 9/1/2015 9/1/2016 Ee $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peraocidert) $ PYWED e PROPERTY S Undeirairedmotorist $ 1,000,000 A X LQMBRB.LA LIAR EXCESSUAB X OCCUR CLAIMS4AADE 11001074707 9/11201S 9/1/2016 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I X RETENTION 01 $ $ WORKERS COMPENSATION ANDEMPLOYBts'LWAnY N APROPRETORIPARTNER/Da afnVE Y f❑ NY 011111110111koly In tf yyees. Oesaiba trader DF5CR0�T10NOFOPERATKMbebw N / A MCS-348-544484-016 1/30/2016 1/30/2017 STATUTE Ei2 E.L EACH ACCIDENT $ 5 00 00 0 E.L. DISEASE -EA EMPLOY $ 500,000 El- DISEASE -POLICY LMR $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addeand Real m Sgndds, may bs at4,' d It roars space N ra oraO Certificate holder is listed as an additional TTQured 1945 Riciamond LLC 2099 Williamsburg Pike RiciRmond, IN 47374 BHOULD ANY OF THE ABOVE DESCRIBED POLICE$ BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 9" ACCORDANCE WITH THE POLICY PROVI>ZI0N8. AUt rdM IRSPRESSWATIVE Jones, ACSR, CISR/B �" -,P( All rights reserved ACORD 25 (2014101) The ACORD name and logo are regietered marks of ACORD INS025 (201401)