HomeMy Public PortalAbout088-2007 - City - Reid Hospital - Reid Parkway LandscapingAGREEMENT
This Agreement is entered into this 20th day of September , 2007, by and between
the City of Richmond, Richmond, Indiana (hereinafter "City") and Reid Hospital & Health
Care Services, Inc. (hereinafter "Reid Hospital").
WHEREAS, the City has previously entered into a verbal agreement with Reid
Hospital concerning the maintenance and upkeep of the landscaping along the north and
south sides of the entire right-of-way of Reid Parkway that is adjacent to Reid Hospital
property; and
WHEREAS, the City has constructed Reid Parkway and Reid Hospital is desirous
of maintaining and keeping up the landscaping of the entire right-of-way of Reid Parkway
that is adjacent to Reid Hospital property; and
WHEREAS, the City and Reid Hospital wish to set forth the specifics of their
agreement concerning the maintenance and upkeep of the landscaping of the entire right-of-
way of Reid Parkway that is adjacent to Reid Hospital property.
NOW THEREFORE, in consideration of the terms and conditions contained herein,
including the above stated recitals, the parties agree as follows:
1. PURPOSE. The purpose of this Contract is to provide for the maintenance
and upkeep of the landscaping of the entire right-of-way of Reid Parkway in Richmond,
Indiana, that is adjacent to Reid Hospital property. For purposes of this Agreement,
maintenance and upkeep is defined as the mowing, weeding, watering, spraying, mulching,
leaf removing, pruning and adding or removing plants or plant materials.
Reid shall be solely responsible for providing for the maintenance and upkeep
of the landscaping of the entire right-of-way of Reid Parkway in Richmond, Indiana, that is
adjacent to Reid Hospital property. Reid shall control the appearance of that portion of the
right-of-way of Reid Parkway that is adjacent to Reid Hospital property as well as be solely
responsible for the quantity and type of material within the entire right-of-way of Reid
Parkway that is adjacent to Reid Hospital property.
In the event City or third party acting on behalf of the City causes damage or
otherwise disturbs the landscaping which is the subject of this agreement by way of utility,
signage, road work or other work, City shall promptly be responsible for repairing, replacing
and restoring the soil, turf and other plant or landscape materials disturbed or damaged by
said work to its previous or other mutually acceptable condition at City's cost.
Contract No. 88-2007
2. TERM. The term of this Agreement, and the commitments contained herein,
are in perpetuity.
3. COSTS. Reid Hospital is solely responsible for all costs and expenses
incurred in the maintenance and upkeep of the entire landscaping of the right-of-way of Reid
Parkway in Richmond, Indiana that is adjacent to Reid Hospital property.
4. FORCE MAJEURE. Neither City nor Reid Hospital will be liable for
failure to perform their obligations under this Agreement nor shall such failure be a default
under this Agreement when the failure is due to fire, flood, storms, epidemics, earthquakes,
volcanic eruptions, war, riot, insurrection, governmental restraints, or labor disturbances
against entities other than the City.
5. MISCELLANEOUS. This Agreement shall be construed according to the
laws of the State of Indiana.
6. AMENDMENTS. No amendment or modification to this Agreement shall
be made except in writing and signed by both parties.
7. AUTHORIZATION. The individuals signing below represent that they
have full authorization to execute this document on behalf of either the City of Richmond or
Reid Hospital & Health Care Services, Inc.
IN WITNESS WHEREOF the parties execute this Agreement as of the date first set forth
above although signatures may be fixed on a different time.
Approved:
CITY OF RICHMOND
BOARD OF PUBLIC WORKS
S/S Sarah L. Hutton S/S Vicki Robinson
Sarah L. Hutton, Mayor Vicki Robinson, President
S/S Dian Lawson
Dian Lawson, Vice President
S/S Mary Jo Flood
Mary Jo Flood, Member
REID HOSPITAL & HEALTH
CARE SERVICES, INC.
S/S Theodore J. Sobol
Theodore J. Sobol
Senior Vice -President