HomeMy Public PortalAbout059-2006 Crossroads BSA _donate peAGREEMENT
THIS AGREEMENT made and entered into this _7th_ day of September—, 2006, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Public Works and Safety (hereinafter referred to as the "City") and the Old Trail District —
Crossroads of America Council of the Boy Scouts of America, an Indiana not -for -profit
corporation (hereinafter referred to as the "Crossroads BSA").
WHEREAS, City currently owns nine (9) Personal Flotation Devices; and
WHEREAS, Crossroads BSA desires to acquire ownership of Personal Flotation Devices; and
WHEREAS, City desires to transfer ownership of Personal Flotation Devices to Crossroads
BSA provided the Personal Flotation Devices are retained by Crossroads BSA and used for
public and community purposes only; and
WHEREAS, pursuant to Indiana Code 36-1-11-I(b)(7), transfer of the Personal Flotation
Devices to Crossroads BSA is exempt from the State law provisions that generally regulate
disposal of municipally owned property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
including the above -stated recitals, City and Crossroads BSA hereby agree as follows:
1. Sale of Personal Flotation Devices. City agrees to sell to Crossroads BSA and
Crossroads BSA agrees to purchase from City certain Personal Flotation Devices.
2. "As -is" Sale. Crossroads BSA acquires Personal Flotation Devices "as -is" with no
warranties of any nature, including but not limited to any warranties of fitness for a particular
purpose.
3. Purchase Price. Crossroads BSA agrees to pay to City the sum of one dollar ($1.00) for
Personal Flotation Devices.
4. Indemnification and Release. Crossroads BSA agrees to indemnify City, its officers,
employees and agents from any liability associated with the subsequent use of Personal Flotation
Devices by Crossroads BSA. Crossroads BSA further agrees to release and hold harmless City,
its officers, employees and agents from any liability for negligence associated with Personal
Flotation Devices or its transfer to Crossroads BSA.
5. Indiana Code 36-1-11. Pursuant to Indiana Code 36-1-11-1(b) (7), transfer of the
Personal Flotation Devices to Crossroads BSA are exempt from the State law provisions that
generally regulate disposal of municipally owned property.
6. Restriction on Use and Transfer of Personal Flotation Devices. Crossroads BSA agrees
that Personal Flotation Devices will be used for public and community purposes only, and that
ownership of Personal Flotation Devices will not be transferred to any other person or entity
without first granting the City the option to re -purchase Personal Flotation Devices for one dollar
($1.00). Said option must be refused by City in writing prior to any transfer of ownership.
Contract No. 59-2006
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7. Prohibition Against Discrimination. Pursuant to Indiana Code 22-9-1-10, Crossroads
BSA or any person acting on behalf of Crossroads BSA 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.
8. Miscellaneous. 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 with the Agreement a written
instrument setting forth such changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
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.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
S/S John Kenny
John Kenny
S/S Dian Lawson
Dian Lawson
S/S Mary Jo Flood
Mary Jo Flood
Date: _September 7, 2006
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: _September 8, 2006
CROSSROADS BSA
By: S/S James P. Smith
Title: Skipper Ship 1
Date: September 13, 2006
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