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HomeMy Public PortalAbout096-2008 - Airport - TEMPORARY LEASE - Sky Dive Boogie 2008 eventTEMPORARY LEASE/LICENSE AGREEMENT THIS TEMPORARY LEASE/ LICENSE AGREEMENT, (this "Lease"), referred to as Contract No. 96-2008 made and entered into this _14th day of Au ust , 2008, by and between Richmond, Indiana, a municipal corporation acting through its Board of Aviation Commissioners with its office at 50 North 5th Street, Richmond, Indiana ("LESSOR"), and Skydive Wayne County., Inc., with its principal place of business at 5169 State Road 227 South, Richmond, Indiana 47374("LESSEE"). WITNES SETH: WHEREAS, Lessor is the owner of certain property known as the Richmond Municipal Airport, a portion of which Lessee desires to use on certain days in August and September, 2008 for the purpose of conducting skydiving activities and amenities in support thereof, and WHEREAS, Lessor is willing to allow Lessee the right to use a portion of the Richmond Municipal Airport for the above purpose, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, the parties agree as follows: GRANTING CLAUSE: 1.01 Lessor does hereby lease to and/or allow Lessee to use portions of the Richmond Municipal Airport, specifically the "Drop Zone Area" and adjacent taxiways and adjacent fields, (hereinafter "Premises") for the sole purpose of skydiving activities, specifically the "Boogie 2008 Event' and amenities in support thereof (hereinafter referred to as the "event'), all pursuant to the terms and conditions herein. Lessee shall be responsible for obtaining any permission and/or waivers necessary from the FAA and the State Fire Marshall. NNIIIINVI� 2.01 Lessee shall be entitled to use the Leased premises beginning on August 29, 2008, and shall be entitled to the use of the premises through September 1, 2008, at which time this Lease shall expire. Lessee shall be required to provide certain information and documents as described herein, to Lessor prior to the date it is permitted to use the leased premises. Such requirements shall be deemed to be conditions precedent to the effectiveness of this Lease agreement. Therefore, the failure of Lessee to provide such information or documents in a timely manner shall result in the termination of this Lease. Contract No. 96-2008 Page 1 of 6 RF,NT 4.01.1 Lessee shall pay to the Lessor the sum of Seven Hundred Ninety-two Dollars and No Cents ($792.00), or provide a receipt from the Richmond Police Department showing they were paid for security of the event. Lessee shall also pay a Three Hundred Dollar ($300.00) deposit on or before August 29, 2008. This deposit shall be used to cover any costs incurred by Lessor for trash clean-up during and after the event; however, Lessee shall also fully reimburse Lessor for any and all expenses incurred by Lessor in excess of this Three Hundred Dollar ($300.00) deposit. FUEL: 4.01.1 Lessee agrees to purchase all fuel from Lessor for its based and contracted aircraft. Lessee agrees not to sell fuel during the term of this Lease. Fuel must be paid in full before aircraft departures on September 1, 2008, either by the Aircraft owners and/or Skydive Wayne County. Payments must be paid either by cashiers check, credit card, or cash by Aircraft Owners or business check approved by the Airport Manager. 4.02 Lessee agrees to pay for one-half (1/2) the cost of a "loaner" fuel truck which equals the sum of Four Hundred Fifty Dollars ($450.00). Notice to request the "loaner" truck must be received no later than August , 2008. Lessor will provide Lessee with an invoice for its share of the cost of the "loaner" truck on or after September 1, 2008, and Lessee agrees to pay such invoice according to its terms. INSURANCE AND INDEMNIFICATION: 5.01 During the term of this Lease, Lessee shall also procure, maintain, and pay the premiums upon all risk, fire and extended coverages on the Premises leased to Lessee, in the amounts no less than the full replacement cost thereof, without reduction for depreciation. A copy of the above -required policy shall be provided to Lessor prior to the commencement date of this Lease, together with certificates of insurance, reasonably acceptable to Lessor. 5.02 During the term of this Lease, Lessee shall also procure, maintain and pay the premiums upon public liability and property damage insurance, which shall insure Lessee and Lessor against any and all injury and damage to any person, persons, and/or, property in connection with Lessee's use of the Premises, and having minimum limits of liability of not less than $1,000,000.00 coverage for any one occurrence involving no more than one person and $2,000,000.00 coverage for any one occurrence involving more than one person and $1,000,000.00 coverage for property damage and which shall include a waiver of subrogation clause within such policy. A copy of the above required policy shall be provided to Lessor prior to August 29, 2008, together with certificates of insurance, acceptable to Lessor. Page 2 of 6 5.03 Lessee further agrees to indemnify and save harmless the Lessor against any and all claims, losses, costs, damages, and expenses, including attorney fees, arising out of or from the conduct or management of, or from any event or anything whatsoever done in and about the Premises, causing injury or damage to any person or property due to any act or neglect of the Lessee, Lessee's agents, contractors, employees, licensees, including vendors and their agents, or invitees or due to any failure of the Lessee, Lessee's agents, contractors, employees, licensees or vendors to comply with or perform any requirements of the provisions of this Lease, on Lessee's part to be performed, or due to any use made by the Lessee of the Premises. In case of any action or proceeding, being brought against the Lessor, Lessee shall resist, and defend such action or proceeding. 5.04 In addition to the above insurance policy, Lessee shall also require all vendors participating in the event, including food or merchandise sales vendors, to obtain and provide certificates of insurance, insuring their operations within the event and naming Lessor as an additional insured thereon, with liability limits of at least $1,000,000.00 per occurrence provided, such requirement shall not apply to any Indiana not -for -profit corporation or organization operating a stand at the event. All vendors, however, shall be required to comply with all terms of this Lease and all statutes, codes, rules or regulations of the State of Indiana, City of Richmond, and the Wayne County Health Department. 5.05 In conjunction with the above insurance and liability requirements, Lessee shall also be required to submit a signed "WAIVER AND RELEASE OF LIABILITY" form, acceptable to Lessor from all skydivers, workers, and attendants, during any event during the term of this Lease, which form waives and releases Lessor from any and all liability associated with the Lessee's use of the Premises and/or the executing party's participation or use of the Premises. BARRICADES, BLEACHERS, AND OTHER SAFETY REQUIREMENTS: 6.01 Lessee shall be responsible for providing barricades between the area reserved for participants and the Airport areas where spectators and others could be present. 6.02 Lessee 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. AMBULANCE. MEDICAL AND SECURITY PERSONNAL: 7.01 Lessee shall be responsible for providing upon the Premises, at all times in which a skydiving event is 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. Page 3 of 6 7.02 Lessee shall be responsible for providing all necessary security personal during the term of use by Lessee. Specifically, Lessee shall be obligated to provide one (1) uniform officer per eight (8) hour shift on the premises. The shift begins at 11:00 p.m. and continues until 7:00 a.m. the following day. Further, Lessee shall provide a plan outlining the measures it intends to utilize to ensure the premises are secure during the term of this Lease, to the Board of Aviation Commissioners for approval no later than August , 2008. TRASH AND RESTROOM FACILITIES: 8.01 Lessee shall return the leased premises in a good state of repair, free from any and all trash, debris or other damage. Thus, Lessee shall be required to immediately remove all trash from the Premises. Lessee must provide roll off dumpsters to accommodate daily trash removal and final clean-up. Lessor will provide "Rosie Rollers" for daily trash collection, and Lessee will be responsible for daily and end of event removal of trash from the "Rosie Rollers". Lessee must provide at least two (2) full time personnel to ensure trash clean-up is done daily and enough personal to complete the final clean-up. Lessee shall reimburse Lessor for any cost, including labor, incurred in the clean up or repair of the Leased premises following the expiration of this Lease. 8.02 Lessee 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. Rule for 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 Lessee throughout the term of this Lease Agreement) shall be the responsibility of the Lessee. UTILITIES: 9.01 LESSEE 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 Lessee's use of the Premises. All such electrical or water supplies shall comply with all applicable National, State, and Local codes. Lessee shall be responsible for all cost of electrical service used during the event, which includes but not limited to vendors, campers, and operations. Lessee shall be responsible for any fees in conjunction with temporary services used. Lessor will supply temporary panels for the event to the Lessee. Lessee shall be responsible for any damage to the panels during and at the conclusion of the event. USE OF PREMISES: 10.01 The Lessee's use of the Premises during the described term shall be for the sole purpose of conducting skydiving activities and amenities in support of such activities. No other use of the Premises shall be permitted. No overnight camping or other use of the Premises shall be permitted except for the skydivers, Lessee's personal and immediate family members or Lessee's personnel. There shall be no spectator camping or overnight use of the Premises. Page 4 of 6 10.02 Lessee 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 Lessee's use of the Premises, shall be the Lessee's responsibility. Lessee, its agents, contractors, employees, licensees and invitees and all other persons associated with the Lessee 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 Lessee. Any damage done to Premises by Lessee, Lessee's agent, contractors, employees, or participants shall be the responsibility of the Lessee. PROHIBITION AGAINST DISCRIMINATION 11.01 Pursuant to Indiana Code 22-9-1-10, Lessee, or any person acting on behalf of Lessee shall not discriminate against any employee or applicant for employment to be employed in the performance of this Lease, 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. MISCELLANEOUS: 12.01 Lessee will be permitted to use vehicles to retrieve skydivers only from areas other than runways, provided that such vehicles adhere to all regulations concerning operations on Airport property, and provided that the operators of such vehicles have been approved by the Airport Manager. 12.02 All notices, documents or information that Lessee is required to provide pursuant to this Lease shall be tendered to the Airport Manager in person or by First Class mail to 50 North 5th Street, Richmond, IN 47374. 12.03 Time is of the essence. 12.04 Lessee 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 Lessor's Law Department, in conjunction with its use of the Premises. 12.05 This Lease 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. 12.06 This Lease 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 Lease 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 Lease. Page 5 of 6 12.07 In the event of Lessee's default in the performance of any term herein, including the payment of rent, Lessee shall be responsible for all costs incurred by Lessor in enforcing this Agreement, including reasonable attorney fees. 12.08 This Lease 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. 12.09 The parties hereto submit to the jurisdiction and venue of the courts of Wayne County, Indiana, and any suit arising out of this Lease, 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. 12.10 Any person executing this lease in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this contract. 12.11 In the event that an ambiguity or question of intent or a need for interpretation of this Lease arises, this Lease 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 Lease. IN WITNESS WHEREOF, the parties execute this Lease effective the day and year first above written, although signatures may be affixed at different times. ,.CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Aviation Commissioners By:_S/S Mel Bruns Mel Bruns, President Date: August 14, 2008 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date:_ September 2, 2008 "CONTRACTOR" SKY DIVE WAYNE COUNTY, INC. By:_S/S Jaime Praeter Printed: ( Jaime Praeter 1 Title: President Date: August 28, 2008 Page 6 of 6