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Home My Public Portal About042-2011 - Parks - Prop Busters - Facilities UFACILITY USAGE AGREEMENT THIS AGREEMENT made and entered into this 16th day of _March , 2011, and referred to as Contract No. 42-2011 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "Department") and the Prop Busters Remote Control Club, 4412 Eaton - Gettysburg Road, Eaton, Ohio, 45320-9232 (hereinafter referred to as "Club"). In consideration of the mutual promise and covenants contained herein, the Department and the Club hereby agree as follows: 1. 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, 2011, and shall expire on December 31, 2014. 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 January 1st for each 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 writing at least sixty (60) days prior to the project start date. All improvements become the property of the Department. Contract No. 42-2011 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 -Up", "Celebration of Lights" and other service projects as requested by the Department. 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 31 st of each year of the agreement. 14. Club shall require participants in all events and contests to sign the City's liability waiver prior to participation. 15. 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 January 1st of each year, and shall not be permitted to engage in activities at Department's facilities until proof of coverage is provided. 16. 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. 17. Club shall provide the Department the names and phone numbers of all officers by January 1st of each year this contract is in effect, or when elected. 18. 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 designated by the Department. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. A breach of this Agreement shall include, but not be limited to, failure of Team to comply with any of the terms of this Agreement, failure to procure and maintain appropriate levels of general liability insurance as set forth in the terms of this Agreement, or failure to adhere to all federal laws, state laws, and local ordinances. In the event Team is able to cure or resolve any action or situation that caused the breach, City will not hold Team 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 Team with written notice of the breach by first-class mail, and Team shall have thirty (30) days from the receipt of notice of breach or default to perform said cure. 26. In the event Team is unable to cure or resolve the breach, City may declare Team in default and breach of this Agreement, and shall proceed with any action necessary to take possession of the facility. In the event of an emergency, City shall immediately proceed with any action necessary to take possession of the facility. City may terminate this Agreement 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. 27. 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. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By:_S/S Karen Montgomery Karen Montgomery, President By:_S/S Mike Foley Mike Foley, Vice President By:_S/S Gary Turner Gary Turner, Secretary By:_S/S Avis Stewart Avis Stewart, Member Date: March 16, 2011 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: March 16. 2011 "CLUB" PROP BUSTERS REMOTE CONTROL CLUB S/S Dan Mor u' son Printed name: (—Dan Morg son_) Title: Vice President Date: —March 16, 2011