HomeMy Public PortalAbout075-2008 - Parks - Facility Usage Agreement - Three Chicks Diving LLCFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this _19th day of _June , 2008 and referred to
As Contract No. 75-2008 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the
"Department") and Three Chicks Diving LLC (hereinafter referred to as "Group"). In
consideration of the mutual promises exchanged herein, it is agreed as follows:
1. This Agreement shall begin on June 1, 2008 and shall expire on September 1, 2008.
2. The Department and Group shall mutually agree upon the times and dates for usage
of the Cordell Municipal Pool.
3. Group will conduct Scuba Diving Classes taught by Qualified Instructors and provide
a Certified Lifeguard to be on duty at all times during all classes held.
4. Group will pay the Department $25.00 per student enrolled in the Open Water Scuba
Certification Class and $10.00 per student enrolled in the Discover Scuba Pool
Session, for the use of the pool facilities.
5. Group will handle all registrations for the class sessions.
6. Group will only permit those registered for classes to be allowed in the pool water or
on the pool deck.
7. Group agrees to indemnify, release, and hold harmless the City of Richmond, the
Department, and all employees, officers, or agents of the same any liability that may
arise from the use of the facilities by the Group.
Group shall procure, and maintain in effect during the term of the Agreement, 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. Group shall provide the Department with a copy of such
policy or Certificate of Coverage on or before June 1, 2008, and shall not be
permitted to engage in activities at Department's facilities until proof of coverage is
provided.
9. Pursuant to Indiana Code 22-9-1-10, Group, any sub -contractor, or any person acting
on behalf of Group 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.
10. 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
Contract No. 75-2008
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.
11. This Agreement may be simultaneously executed in several counterparts, each of
which shall be original and all of which shall constitute but one and the same
instrument.
12. The parties hereto submit to the jurisdiction of the courts of Wayne County, Indiana,
and suit arising under 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 Courts.
13. Any person executing the Agreement in a representative capacity hereby warrants
that he or she has been duly authorized by his or her principal to execute this
Agreement.
14. In the event of any breach of this Agreement by Group, and in addition to any other
damages or remedies, group shall be liable for all costs incurred by Department due
do to the enforcement of this Agreement, including but not limited to Department's
reasonable attorney's fees.
15. 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.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks & Recreation
By:_S/S Avis Stewart
Avis Stewart, President
Date: June 19, 2008
APPROVED: _S/S Sarah L. Hutton_
Sarah L. Hutton, Mayor
Date: June 19. 2008
THREE CHICKS DIVING LLC
By:_S/S Robin R. Dils
Printed: (—Robin R. Dils___)
Title: Sole Member
Date: June 19, 2008