HomeMy Public PortalAbout014-Prop Busters Remote ControlFACILITY USAGE 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:
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, 2005, and shall
expire on December 31, 2005. 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.
Club agrees to provide Department with a schedule of events no later than
October 31, 2005, for the 2006 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.
The Department agrees to advertise the Club and its events in the Seasonal
Brochures for the facility.
Contract No. 14-2005
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 3 1 " 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, 2005 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
March 1, 2005, 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
T
Dr. Be 'amin oung
Date: ; -/ 0f
APPROVE p��u-C:�.
Sarah L. Hutton, Mayor
Date: ����� d J
PROP BUSTERS REMOTE
CONTROL AIRPLANE CLUB
Date: a / / d