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HomeMy Public PortalAbout140-2019 - Airport - HYPE Richmond - Facility Use AgreementFACILITY USAGE AGREEMENT THIS- AGREEMENT made and entered into this /Vkdayof SV)f,_, 2019, and referred to as Contract No. -2019 by and between the City of Richmond, Indiana, a - municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to as the "City" or the "Airport") and HYPE Richmond (c/o Roxie Deer), P.O. Box 1994, Richmond, Indiana, 47374 (hereinafter referred to as "HYPE"). In consideration of the mutual promise and covenants contained herein, the Airport and HYPE hereby agree as follows: 1. The City of. Richmond, Indiana, is the owner of certain property known as the Richmond Municipal Airport. 2. HYPE wishes to use certain facilities of the Richmond Airport in order to host a one -day event for the annual HYPE fundraiser known as "For The, Love of Grapes and Hops Festival" (hereinafter "event" or "events") on October 20, 2019, with a setup date of October 19, 2019. The Airport shall permit HYPE to use certain designated Airport facilities located at the Richmond Municipal Airport premises located at 5169 South State Road 227, Richmond, Indiana, (hereinafter "facility" or "facilities"), as specifically determined by the Airport Manager, for its activities in connection with said events. 3. HYPE shall be entitled to use the designated portions of the facility for set up purposes on the date specified above. Rain dates, if necessary, shall be as determined by the Airport Manager.. During the special activities or special events, portions of the facility shall be open to the public during the hours of 9:00 a.m. until 12:00 a.m. midnight. 4. In the event food, beverages, and amenities are provided by HYPE at its costs at said activities and events, HYPE shall be responsible for obtaining any permission and/or waivers necessary from, the FAA, the State Fire Marshall, and/or any necessary licenses in connection with the serving of food and beverages. HYPE, at its cost, shall be responsible for obtaining any and all required permits from the Indiana Alcohol and Tobacco and Excise Commission. HYPE, its Agents, Servers, and Bartenders shall refuse service to any person or persons who are underage or intoxicated at said event. All servers and bartenders working at said event for HVPE shall be trained and. certified in alcohol safety awareness prior to employment by HYPE at said event. 5. HYPE, at its cost, shall provide adequate security for crowd control on the premises and for. traffic control accessing Airport, and shall submit a plan - for such security to the Airport Manager for his approval no later than September 12, 2019. 6. HYPE, at its cost, shall remove all trash and debris after each activity or event, and shall �r monitor trash containers during the event to make sure they are properly emptied. HYPE agrees to restore all Airport facilities to their pre -event condition after each event. Contract No..140-2019 Page 1 of 4 7. HYPE, at its cost, shall be responsible for providing barricades between the areas reserved for event attendees and the Airport areas. not being used for HYPE's activities or events. 8. HYPE and its members must abide by all rules and regulations of the Airport, including but not limited to, any applicable posted hours. 9. HYPE shall further comply with all other safety requirements imposed by the local Richmond- Police Department, Richmond Fire Department, Board of Aviation Commissioners, or the Airport Manager, as well as those imposed by the City Law Department, State Fire Marshall, FAA, including, by ways of illustration only and not by way of limitation, sufficient space for fire lanes for rescue vehicles and appropriate clearances for aircraft taxi. 10. HYPE, at its cost, shall be responsible for providing on the Premises, any necessary medically qualified staff and shall provide medical coverage as outlined below. 11. HYPE, at its cost, shall provide restroom facilities upon the. Premises that satisfy all applicable health standards for the estimated attendance. This shall include at least ten (10) portable restrooms for each five hundred (S 00) people in attendance, in addition to at least one (1) handicapped accessible restroom. 12: HYPE, at its cost, -,shall be responsible for providing sufficient electrical outlets and/or boxes, as well as water supply, in order to accommodate any event associated with HYPE's use of the Premises: All such electrical supply or water supply shall comply with all applicable National, State, and Local codes. HYPE, at its cost, shall be responsible for all electrical service used during the activities or events, including, but not limited to vendors, games, entertainment, or operations. 'HYPE shall be responsible for any fees in conjunction with temporary services used. Airport may, at its option, supply temporary panels for the events to the HYPE. HYPE shall be responsible for any damage to any panels provided by Airport- during and at the conclusion of the activities or events. 13. HYPE, at its cost, shall be responsible for organized parking in designated areas for all events occurring on the Premises. Any damage done to the Premises, adjoining Airport property, if property of others is used in conjunction with HYPE's use of the Premises, shall be HYPE's responsibility. HYPE, its agents, contractors, employees, licensees, invitees and attendees and all other persons associated with the HYPE shall not park vehicles or equipment in areas posted or barricaded. These areas include, but are not limited to T--Hangar areas, Maintenance Buildings, hangars as also specified by the Airport Manager and any adjoining ramps. Any vehicles parking in these . areas will be subject to towing at the owners expense. Off --road vehicles are not allowed, except for the purpose ' of operations of event by the HYPE. Any damage done to Premises by HYPE, HYPE's agent, contractors,- -employees; attendees or participants shall be the responsibility of the HYPE. Page 2 of 4 14. Airport may order HYPE to cease or relocate its activities at any time should it be necessary for the proper use, safety or enjoyment of facilities. 15. HYPE 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. Additional coverage, including medical coverage, shall be maintained as provided in HYPE's Certificate of Liability Insurance as attached hereto as Exhibit A, which Exhibit is incorporated herein by reference. The City- of Richmond shall be -named as a co-insured on such policy. Additional coverage - information is located in the office of the Richmond Airport Manager. Coverage shall be extended and/or re -issued in the event the HYPE event described herein is rescheduled for a rain date. 16. Pursuant to Indiana Code 22-9-1-10, HYPE, any sub -contractor, or any person acting on behalf of HYPE 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. 17. This Agreement will be deemed to have begun on September 12, 2019, and shall expire on October 23, 2019. -Any changes required* by the Airport during the effective dates of I the Agreement will be provided in writing to HYPE at least thirty (30) days prior to the date the change will go into effect. 18. HYPE shall require participants in- all events and contests to sign the City's liability waiver prior to participation, where applicable. 19. HYPE agrees to indemnify, release, and Bold harmless the City of Richmond, the Airport, and all employees, officers or agents of the same from any liability that may arise from the use of the facilities by HYPE. 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. 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. 21. 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. 22. 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. Page 3 of 4 23. In the event of any breach of this Agreement by HYPE, and in addition to any damages or remedies, HYPE* 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. . 24. A breach of this Agreement shall include, but not be. limited to, failure of HYPE 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 HYPE is able to cure or resolve any action or situation that caused the breach, City will, not hold HYPE in default if such cure is able to be -performed immediately on the day of the date breach is deemed by the City to have occurred. City shall provide HYPE with verbal notice in person to HYPE' s on -site representative. HYPE shall perform said cure. 25. 'In the event HYPE is unable to cure or resolve the' breach, City may declare HYPE �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 r 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. 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. 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 Aviation Commissioners "HYPE" HYPE Richmond c/o Roxie Deer P.O. Box 1994 Richmond, IN 47374 By: -e y1�2�� By: Qn Dave Stevens, President Roxie Deer APPROVED: . Sno r may Date: � R Title: sldenfi- H LIPE Date: Page 4 of 4 •����� C EFT! FICATE10FLIA91LITY, �*11N V RANCE. DATE'�1 10 lYYY Y} THIS. CERTIFIQ r E :IS; ISSUED AS A MATTER OF, INFORMATION ONLY AND' C.t�.NFERS Nl� RIGHT � 081�2I200 CERTLFICATE DOES NOT AFFIR1Zt1ATIVELY-OR:W:0ATIVELY`AIYIEN0' EXTEND OR: ALTER..:THE:COVERAGE AF OR E❑ BY T E PQL,C 115E ..THIS THIS.?CERTIFICATE•�3F=INSURANCE�DOES`NOT� INSTITUTE A CONTRACT.BETWEEN--THE ISSUiN �##SURER. S AUTN RI E BELOW. ,OR PRODUCER, AND THE`CERTWICATE HOLDER.. � y� �ED=REPRESENTATlVE IMPORTANT; f-_ Part Icatd� holdeir Is an ADDITtC �[AL_INSURED, t , e--Wioy Oesj .must have ADDITI •NAL]NSURED provisions. Qr-.heVendorsed` SUBROG'ATIN: IS 1NAIVED, suhect to the terms and_ candltians:o! the aliC certain If certificate.dges nnt=cbnieir i�i hfs #o'the Certificate- holder In ll.eu of such endtirsQnient s ,pollLctQs may.irequlre .an=eridorserirlant. A- statement°_vn--thin PR4IJUCER .CONTACT NAME: - - - Dawn' Phelps Rural In"surance Agerieji; Inc: 1 PO,.BDx 1250- arc; No Ext 31.7-692-7d 6 FAX All~ No): .8460 Iudiai apelis Indian '46206- E•�. ADDRESS: Aawmpho pslin",cam . .CUSTOMER 10: INSURERS) AFFORDING CQVERAGE: NdIC 1NS13REQ INSURER AationiideMtual Insurance Ca H'YPE._:RICHMONC� ITlpany• . .. - 3787. PO.-, BOX t 994 INSURER e: R[C HN1QND, IN 4,77,5 11 SURER C: A IVlftber af.tl~ vt.t8. LeisureA Entertainment RPG- 'INSURPRz—, INSURER E [INSURER'F.,� CO-VERAGES. `_.. :CERTiFtCATE;NLIMBER: 11i10.1507683' - REVISION NUMBER:. TN'IS' S TO. CERTIFIt~ THAT,THE_Pfl ICiES'OF. INSURRNGE LISTEP BE; pQ 11-.HAVE BEEN ISSUED. TO -THE INSURED NA R DAB E. FOR THE POLICY, PERIOD N TVA; THSTA IDIN .ANY-�REQU.IREMENT,_TERM OR t6jN T .'' CF IY.CONTRACT bR-OTHER'.Q�QCUI1 ENT if11�TH RESPECT T& W'HICM, TH# _I adC ATED. v . CER. IFIC,,TE-_MAY BE WCH.D,dR -1IES.- PERTA1h, THE IN iJRANCE.AFFORDED.BY TH .PC)LiCIES�DESCRIBED,HEREiN IS: SUBJECT TO. ALL THE:7TER.MS; EXCLUSIONS AN�_:CONpITjaNs OF SUCH PDI�iCIEs; Li �ItTB,SHai_vN MA)' HAVE_ BEEN VREDU&ED.. ' '. PAID=.Ct.Ailt�tS: , - ,LT INSR TYRE OF°INSURANCE ADDL. BR POLICY L EXP LTR. .INS❑ WVE) PDI:lCY NUNISER Mr��pQrYYYY Mfw11DDPYYYY . LIMITS X CQMIVIERCIAI~,GL�NFRAL �fABIE�ITY X:. BBRPGO� �OBSB383 }0 .011 9120'!9' 10121120 19 E u� p CURREhiCE L�,o�,taoo - is.. C[ UR 2•2:01,AM EDi' 1 Q� :.AM ,ii~' ��� PRE,tIS(E 0CCiufi�n $ aDaI,OQQ " 0 EXP.{Ar�y one per�on} S,OOa {:. ':llt'' PSQfAI, 8 AD11 I#VJURY GEhtRA: AGGREGATE5;aDG,100 QEfi L.tAGGREGATE L[41T AP' hlE5 PrR -- PI"#QQ GTS.=`COMPiOP Ad POLICY PRE: LaC+;1_�DOt;00a DJECT P.R?OFESSIQNAL LIABILITY -- - 3lt. TY € :rFIER- .. ._ .. �bAL UAB 0 PARTICIPANTS AUTOMOBILE LIABILITY P 1[� L� E I A.'�Y AUTO •fE� ROPILY INJtJW (Per-pe_'an) ; 3ivN D A�as: - -SCHEDULED ONLY , Fri# Q5 R JiI.`� 1 •l;�.UR`� ({�a� aca ei t} HIRED ... 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I y }applies Y ` ..'s nr�t ih'the business':af manufactutiN distributing; selfing; seNin vr.furnishin alcoh li The cer'tilRcatelliolder:is:'add d:as ari additiOne Insur _. 9 g a 1c �e�e�ages: ed, .but only fp>r isbility Caused; in whole, or in.part, by the acks or,amissivn.af tf�, named_in"sued.. 'CERTIFICATE. HOLDER CANCELLATION RICHII OND MUNICIPAL -AIRPORT, CITY OF RICHMDND SHO.U.LD ANY .OF HE ABO E I]ESC = IBED ;POLIDi,ES I3E CAN,CELLED�rPEFORE 50 NORTH 5TH STREET THE EXPIRATION: i AT9...THERE0Fj NOTICE, WILL %BE. DELIVERED IN RIC.HII OND:,- IN-�'7374 ACCORDANCE V11ITH THE. POLICY PR01ilSIOhlS: (Owner/Less& bf Pfe,�tses) AUTHQRt E13 Rl~PRE5f~NTar�VE - Co�erag� 5.fl�l}� exta>�de�` to: H�S_� evet�is.aritlactivities:. - - ... . I40TICETQ'TEXAS:1NSi:IREDS,� The.insurpr1pr the purclidting`�roup°may not.he-subj6cfta;all the insurance 12vtr and regulatians.:nf.the 5tate:bf Texas EXHIB � PAGE A ACORD.2S i20l.S my - The ACORD name and logo are•registered rntat of ACORdACdRd. CCiRPQI:tATi0t�4,.:AiI rights r�serv��.