HomeMy Public PortalAbout001 to Contract No. 62-2007 - ParksADDENDUM
THIS ADDENDUM is made and entered into this _21st day of _June , 2007, by and
between the City of Richmond, Indiana, (hereinafter "City") and Family Time Entertainment,
Inc., (hereinafter "Contractor") agree that the following terms and conditions shall also be
applicable:
1. Contractor agrees to indemnify City for any claim, injury, or other damage caused by any
negligent or intentional act performed by contractor or its employees, agents,
representatives, and crew.
2. Contractor hereby agrees to release and hold harmless, City, its agents, employees and
independent contractors from any claim, cost, damage or liability arising out of
Contractor's performance in the City of Richmond Parks Event at Glen Miller Park,
including, but not limited to any claim resulting from an intentional act of any spectator,
guest or trespasser. It is expressly agreed that City has no duty to provide any security or
safekeeping for Contractor's equipment or instruments and that in no way shall City be
liable for any act of theft or vandalism.
3. Contractor agrees that the facilities provided by the City for Contractor's performance are
being received in an "as -is whereas" condition, with all faults and that City, other than
providing, reasonable space and electricity, does not guaranty or represent that its
facilities shall be suitable for any particular performance or use.
4. If City is providing Contractor with lodging, Contractor shall be responsible for any room
service, cost or charge in addition to the basic room rate.
5. In no event shall City be liable for any consequential or special damages incurred by
Contractor in connection with its performance or any cancellation of said performance.
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. Both parties specifically
waive any right to alternative venues or courts such party may have whether such right
arises under the laws of the State of Indiana, the State of Florida, or any other State of
territory of the United States or the laws of the United States. The parties specifically
agree that no arbitration or mediation shall be required prior to the commencement of
legal proceedings in said Courts. By executing this agreement, Contractor agrees that it
will not raise and is estopped from raising, lack of personal jurisdiction as a defense to
any action brought in Wayne County, Indiana.
7. 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.
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. Any previous
Addendum No. 1 to Contract No. 62-2007
discussion, negotiation or dialogue relating to the subject matter contained herein is ex-
pressly superseded by this agreement. Furthermore, both parties agree that no discussion,
representation or negotiation, other than that contained herein, has transpired relating to
the subject matter of this agreement and that neither party is relying upon any negotiation
or discussion that took place prior to this agreement
In the event of any breach of this Agreement by Contractor, and in addition to any other
damages or remedies, Contractor 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. Contractor acknowledges that its services are unique and that City is entitled to
specific performance of the agreement or other equitable remedies, if Contractor commits
an act that amounts to an anticipatory repudiation of this agreement.
10. 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.
11. 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.
12. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor 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.
IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year first
above written, although signatures may be affixed at different times.
"CITY"
"CONTRACTOR"
THE CITY OF RICHMOND, FAMILY TIME ENTERTAINMENT, INC.
INDIANA by and through its
Board of Parks & Recreation By:_S/S Michael C. Kind
Printed: (Michael C. Kings
By:_S/S Jennifer Eastman
Jennifer Eastman, President Title: VP —Owner
Date: June 21, 2007
Date: June 27, 2007
APPROVED:S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: June 22, 2007