HomeMy Public PortalAbout077-2008 - Facility Usage Agreement - Airport - Dalmation FoundationFACILITY USAGE AGREEMENT
This FACILITY USAGE AGREEMENT, ("Agreement"), referred to as Contract No.
77-2008, made and entered into this _12th day of June , 2008, by and between
the City of Richmond, Indiana, a municipal corporation acting through its Board of
Aviation Commissioners with its office at 50 North 5th Street, Richmond, Indiana
("CITY"), and the Dalmation Foundation, c/o Tom Broyles, P.O. Box 256, Greensfork,
Indiana 47345 ("ORGANIZATION"). In consideration of the mutual promises
exchanged herein, it is agreed as follows:
1. City is the owner of certain property known as the Richmond Municipal
Airport ("facility" or "premises"), a portion of which Organization desires to
use on June 14, 2008 for the purpose of conducting a charitable fundraising
event and amenities in support thereof.
2. City is willing to allow Organization the right to use a portion of the
Richmond Municipal Airport for the above purpose, subject to the terms and
conditions of this Agreement.
3. City does hereby allow Organization to use designated portions of the
Richmond Municipal Airport purpose of games, entertainment, and other
charitable fundraising activities, including the provision of food and non-
alcoholic beverages and amenities in support thereof (hereinafter referred to as
the "event"), all pursuant to the terms and conditions herein. Organization
shall be responsible for obtaining any permission and/or waivers necessary
from the FAA, the State Fire Marshall, and/or any necessary licenses in
connection with the serving of food and beverages.
4. Organization shall be entitled to use the designated portions of the facility for
set-up purposes on June 11, 2008 and/or June 13, 2008. Organization shall
also be entitled to use of the facility for the event on June 14, 2008, during
which the facility shall be open to the public during the hours of 9 AM until
12 midnight. Organization shall be required to provide certain information
and documents as described herein, to City prior to the date it is permitted to
use the facility. Such requirements shall be deemed to be conditions precedent
to the effectiveness of this Agreement. Therefore, the failure of Organization
to provide such information or documents in a timely manner shall result in
the termination of this Agreement.
Organization shall provide adequate security for crowd control on Airport
premises and for traffic control accessing Airport, and shall submit a plan for
such security to City's Airport Board for its approval no later than June 12,
2008.
Contract No. 77-2008
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6. Organization shall remove trash and debris, after the event, and shall monitor
trash containers during the event to make sure they are properly emptied.
Organization agrees to restore all Airport facilities to their pre -event condition
after the event.
7. Organization 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.
Organization shall provide City with a copy of such policy or Certificate of
Coverage on or before June 12, 2008 and shall not be permitted to engage in
activities at Airport's facilities until proof of coverage is provided.
8. Organization agrees to indemnify, release, and hold harmless the City of
Richmond, Airport, and all employees, officers, or agents of the same from
any liability that may arise from the use of the facilities by Organization or
attendees at its event.
9. Organization shall be responsible for providing barricades between the areas
reserved for event attendees and the Airport areas not being used for
Organization's event.
10. Organization shall further comply with all other safety requirements imposed
by the local Police Department, Fire Department, Board of Aviation
Commissioners or the Airport Manager, as well as those imposed by the City
Law Department, State Fire Marshall, FAA, including by ways of illustration
only and not by way of limitation, sufficient space for fire lanes for rescue
vehicles and appropriate clearances for aircraft taxi.
11. Organization shall be responsible for providing upon the Premises, at all
times in which a 5K run and concert are occurring, at least one certified
ambulance, one med-tech, two E.M.T.'s, and a first aid tent. In the event of
an injury resulting in transport to a hospital, a certified ambulance must be
back on the Airport within fifteen (15) minutes or the event will be suspended
until such time that a certified ambulance is on the field. If a certified
ambulance is in route to the Airport, the event may continue without
interruption.
12. Organization must provide restroom facilities upon the Premises that satisfy
all applicable health standards for the estimated attendance. This shall include
at least twenty portable restrooms for each one thousand people in attendance,
in addition to at least one handicap accessible restroom. This rule of twenty
for one thousand may be lowered if restrooms are serviced at least once daily.
The cost for such restroom facilities (along with the cost of any item required
to be provided by Organization throughout the term of this Agreement) shall
be the responsibility of the Organization.
13. Organization shall be responsible for providing sufficient electrical outlets
and/or boxes as well as the water supply, in order to accommodate any event
associated with Organization's use of the Premises. All such electrical or
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water supplies shall comply with all applicable National, State, and Local
codes. Organization shall be responsible for all cost of electrical service used
during the event, which includes but not limited to vendors, games,
entertainment, and operations. Organization shall be responsible for any fees
in conjunction with temporary services used. Airport will supply temporary
panels for the event to the Organization. Organization shall be responsible
for any damage to the panels during and at the conclusion of the event.
14. Organization shall be responsible for organized parking in designated areas
for all events occurring on the Premises. Any damage done to the Premises,
adjoining Airport property, if property of others is used in conjunction with
Organization's use of the Premises, shall be the Organization's responsibility.
Organization, its agents, contractors, employees, licensees, invitees and
attendees and all other persons associated with the Organization shall not park
vehicles or equipment in areas posted or barricaded. These areas include, but
are not limited to T-Hangar areas, Maintenance Buildings, Bartlemay &
Associates Hangar and adjoining ramp. Any vehicles parking in these areas
will be subject to towing at the owners expense. Off road vehicles are not
allowed, except for the purpose of operations of event by the Organization.
Any damage done to Premises by Organization, Organization's agent,
contractors, employees, attendees or participants shall be the responsibility of
the Organization.
15. Pursuant to Indiana Code 22-9-1-10, Organization, or any person acting on
behalf of Organization, 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.
16. All notices, documents or information that Organization is required to provide
pursuant to this Agreement shall be tendered to the Airport Manager in person
or by First Class mail to 50 North 5th Street, Richmond, IN 47374.
17. Organization shall at all times comply with any and all other requirements of
its insurer, the Richmond Fire Department, the Richmond Police Department,
the Wayne County Health Department, and the City's Law Department, in
conjunction with its use of the Premises.
18. 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.
19. This Agreement shall be controlled and interpreted according to 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 part at any time by filing with the Agreement
a written instrument setting forth such changes signed by both parties. Any
alleged oral modification or alteration shall be without force and effect and
may not be relied upon by either party in the performance of this Agreement.
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20. In the event of Organization's default in the performance of any term herein,
Organization shall be responsible for all costs incurred by City in enforcing
this Agreement, including reasonable attorney fees.
21. 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.
22. The parties hereto submit to the jurisdiction and venue of the courts of Wayne
County, Indiana, and any suit arising out of this Agreement, 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.
23. 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 contract.
24. 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.
IN WITNESS WHEREOF, the parties execute this Agreement effective the day
and year first above written, although signatures may be affixed at different times.
«CITY11
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Aviation Commissioners
By:_S/S Mel Bruns
Mel Bruns, President
Date: June 12, 2008
APPROVED:_S/S Sarah L. Hutton_
Sarah L. Hutton, Mayor
Date: June 13, 2008
"ORGANIZATION"
DALMATION FOUNDATION
By:_S/S Tom Broom
Printed: (Tom Broom )
Title:
Date: June 10, 2008
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