HomeMy Public PortalAbout077-2020 - Speedway License AgreementLICENSE AGREEMENT
This License Agreement (the "Agreement") is entered into this day of J e, 2020 (the "Effective
Date"), by and between licensor Speedway LLC, 500 Speedway Drive, Enon, OH 45323-1056
("Speedway") and licensee Richmond Fire Department, 101 S. 5th Street, Richmond, IN 47374 ("RFD")
to provide RFD and its employees a revocable license to access certain real property owned by Speedway
and more commonly known and numbered as 2414 & 2428 Chester Boulevard, (the "Premises"), to
perform the following activities, to -wit:
Use the interior of the building to conduct different training scenarios up until a date immediately
preceding the demolition of the building. Then, more destructive training including, but not limited to,
breaking glass, forcing exterior doors, and cutting holes in the roof would be performed.
This Agreement is an accommodation given to RFD, who agrees to exercise the privileges
hereunder at its sole risk and expense. This Agreement is made subject to the conditions set forth below.
I. SCOPE OF LICENSE
A. This Agreement gives RFD and its employees the right to enter onto the Premises solely
and exclusively to perform the training as outlined above.
B. RFD and its employees shall conduct their activities on the Premises in a manner that will
not unreasonably interfere with any operations or activities being conducted on the
Premises by Speedway.
II. INSURANCE COVERAGE
RFD, during the term of this Agreement, shall maintain and provide general liability insurance with
Speedway named as an additional insured party, in an amount of not less than Two Million Dollars
($2,000,000.00) combined single limit coverage per occurrence for bodily injury and property damage.
Such insurance shall be placed with a company designated by A. M. Best Company with a rating of A- or
better and found acceptable to Speedway. RFD shall deliver to Speedway a certificate evidencing said
insurance coverage prior to any entry onto the Premises. RFD shall also deliver to Speedway a renewal
certificate as soon as same are available and in any event prior to the expiration of the policy so renewed.
M. INDEMNITY
A. In the performance of its obligation hereunder, RFD and its employees shall observe any
and all local, state, and federal safety, health, and environmental regulations which may be
applicable.
B. RFD shall defend, indemnify and hold harmless Speedway from all actions, claims,
demands, liabilities, damages and expenses (including, but not limited to, reasonable
attorney fees) which may be imposed on or incurred by Speedway arising out of or
relating to:
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Contract No. 77-2020
(1) any act or omission on the part of RFD and its employees, or anyone acting on
behalf of the same, in the exercise of their rights under this Agreement; and/or
(2) the failure of RFD and its employees to observe any applicable safety, health and
environmental regulations while performing work under this Agreement.
(3) any material breach of this Agreement by RFD.
C. Speedway shall defend, indemnify and hold harmless RFD from all actions, claims,
demands, liabilities, damages and expenses (including, but not limited to, reasonable
attorney fees) which may be imposed on or incurred by RFD arising out of or relating to
any negligent act or omission on the part of Speedway, which may also include:
(1) any act or omission on the part of Speedway and its employees, or anyone acting
on behalf of the same, in the exercise of their rights under this Agreement; and/or
(2) the failure of Speedway and its employees to observe any applicable safety, health
and environmental regulations or failure to observe any federal, state, or local
laws; and/or;
(3) any material breach of this Agreement by Speedway.
D. The indemnity provisions of this Section III shall survive the termination of this
Agreement. Nothing herein shall be construed as waiving any claim Speedway may have
against RFD nor construed as waiving any claim RFD may have against Speedway, and
the same is expressly reserved by each of the Parties, respectively.
IV. WAIVER OF BUILDING LOSS
A. Speedway understands, acknowledges, and agrees that the structures located on the
Premises are structures that are appropriate for demolition and/or controlled burn, and the
RFD is willing to remove the structures for training purposes as outlined herein even
though the structures are not located on the City property or even though the structures are
not owned by the City. RFD shall have no obligation to restore the Premises (e.g.
grading, grass -seeding, etc.) after the conclusion of such activities.
B. Speedway hereby waives and releases any claims it would otherwise have against RFD for
damage to any building(s) located on the Premises. The foregoing is limited to any
building(s) situated on the Premises owned by Speedway, and does not apply to any
damage to the property of any third -party (which would be subject to the indemnification
provisions of Section III(B) herein above).
V. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of
Indiana.
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VI. DURATION OF LICENSE AGREEMENT
This license shall be made effective immediately upon execution by the Parties below, and shall
terminate upon the earlier of the following: (1) completion of said Training; or (2) the date that is
six (6) months after the Effective Date.
VII. ASSIGNABILITY
This Agreement is not assignable except with the prior written approval of Speedway.
IX. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original, and all of which shall together constitute one and the same instrument.
IN WITNESS VYHEREOF, the parties hereto have executed this Agreement on the date last set forth
below, to be inserted as the Effective Date herein above.
Licensor Speedway LLC:
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Signature: j� �/
Print Name: } "� (K (li e'r
APPROVED
AST FO �1 ��( 1(d� ��.L-C.J��:�'
Title:
Date:
Licensee RFD by and through the City of Richmond,
Indiana, Board of Public Works and Safety:
Signature:
Vicki Robinson, President
Signature:
David M. Sn ,
Date: v? ®6 Zia 2"4
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