HomeMy Public PortalAbout052-2007 - COR - HayesAGREEMENT
This Agreement is entered into this _17th_ day of May, 2007, between the City of
Richmond, Indiana, acting by and through its Board of Public Works, (hereinafter
referred to as "City") and the Stanley W. Hayes Research Foundation, Incorporated, an
Indiana not -for profit Corporation, (hereinafter referred to as "Hayes")
WHEREAS, Hayes is a not for profit foundation that is located on
approximately 352 acres in the City of Richmond, Indiana, of which 175 acres are on the
East side of Hayes Arboretum Road and 177 acres are on the West side of Hayes
Arboretum Road;
WHEREAS, Hayes wishes to provide public access to visitors and to its staff to
connect the East and West side of the real estate owned by Hayes;
WHEREAS, Hayes will be building, at its expense, a tunnel underneath Hayes
Arboretum Road, a public street that is maintained by City;
WHEREAS, a tunnel underneath Hayes Arboretum Road that would link the
East and West side of Hayes property would be located on the City right-of-way, and a
drawing at where said tunnel will be located is attached hereto as Exhibit "A";
WHEREAS, Hayes agrees to, and shall, assume, and pay for, and hold City
harmless therefrom, any and all maintenance, repair on said tunnel and agrees to keep it
maintained in an operating state of repair so that the visitors to Hayes may enjoy the
benefits of the East and West side of the Hayes property without having to cross Hayes
Arboretum Road;
Contract No. 52-2007
WHEREAS, Hayes wishes to use the tunnel for public safety for its visitors to
Hayes, for Hayes staff and for the public at large;
WHEREAS, Hayes agrees, to and shall, assume and hold City harmless
therefrom, any and all liability with respect to said tunnel that Hayes shall construct;
WHEREAS, Hayes proposes to build and construct said tunnel linking the East
side and West side of the Hayes property at Hayes' sole expense;
NOW, THEREFORE, City and Hayes agree as follows:
1. Hayes agrees to, and shall, construct a tunnel approximately 12 feet in
height and 12 feet in width and 60 feet in length to connect the East side of
the Hayes property to the West side of Hayes property so that visitors and
staff will not have to cross Hayes Arboretum Road.
2. Hayes agrees to, and shall, assume, and hold City harmless therefrom, any
and all liability with respect to any and all injury or damages that may
arise out of, or is connected with, said tunnel that Hayes shall construct or the
use thereof or the City right of way on which said tunnel is located.
3. Hayes agrees to, and shall, construct said tunnel at its sole expense.
4. Hayes agrees to, and shall, be entirely responsible for and hold City
harmless therefrom, from any and all construction, repair, maintenance,
upkeep or renovation on said tunnel described above that Hayes shall
construct.
5. Hayes agrees to, and shall, hire an Engineering Firm, at its own expense,
to inspect the installation of said tunnel. An Inspector shall insure that the
tunnel is installed per approved drawings and specifications, as approved
by the City under its Department of Public Works and Engineering.
6. Hayes agrees to, and shall, be entirely responsible for, and pay, and hold
City harmless therefrom, any and all damage to Hayes Arboretum Road as
a result of the building of said tunnel on Hayes property and on the City's
right of way during the construction of said tunnel and thereafter.
All of which is approved this _17th_ day of May, 2007.
"CITY" "HAYES"
THE CITY OF RICHMOND, Stanley W. Hayes Research Foundation, Inc.
INDIANA by and through its
Board of Public Works and Safety
By:_S/S Vicki Robinson By:_S/S Rodney Waltz
Vicki Robinson, President Printed: _Rodney Waltz
Date: May 17, 2007 Title: Assistant Treasurer
APPROVED:_S/S Sarah L. Hutton Date
Sarah L. Hutton, Mayor
Date: May 18, 2007
23. 2007