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HomeMy Public PortalAbout157-2009 - Parks - Milestone - Facilities Use or Rental AgreementFACILITY USAGE RENTAL AGREEMENT THIS AGREEMENT made and entered into this _27th day of _October , 2009 and referred to as Contract No. 157-2009 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 Milestone Construction, 824 Dillon Drive, P.O. Box 2061, Richmond, Indiana, 47375 (hereinafter referred to as "Milestone"). In consideration of the mutual promises exchanged herein, it is agreed as follows: 1. The Department shall permit Milestone to use the parking area located at 1101 W. Main Street, Richmond, Indiana, (hereinafter "facility") to place, store, and locate Milestone's construction trailers during such time as Milestone is engaged in the US 40 Road Project being conducted by the State of Indiana Department of Transportation. The use of the facility by Milestone is limited strictly to placement or storage of Milestone's construction trailers at the facility and Milestone is limited to no more than five (5) such trailers. 2. Milestone shall pay City the amount of Three Hundred Dollars and Zero Cents ($300.00) per month as the monthly facility usage rental amount. 3. This Agreement will be deemed to have begun on November 1, 2009 and the term shall continue for an approximate two year period on a month -to -month basis. The use of the facility by Milestone to place, store, and locate Milestone's construction trailers is authorized during the period of time in which Milestone is engaged in the US 40 Road Project, which project is estimated to continue over an approximate two year period. In the event the project will end prior to November 1, 2011, Milestone shall notify the Department thirty (30) days prior to vacating the facility. In the event the project will be extended beyond November 1, 2011, Milestone shall be permitted to continue renting the facility on a month -to -month basis, provided that the US 40 project is still ongoing. Milestone shall notify the Department thirty (30) days prior to vacating the facility. Milestone shall keep the Department informed of any potential extensions of the US 40 Project beyond the estimated two year period. This Agreement may also be terminated by either the City or Milestone, in whole or in part, by mutual Agreement setting forth the reasons in writing for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 4. Milestone must abide by all rules and regulations of the Department, including but not limited to, any applicable posted hours. Contract No. 157-2009 Page 1 of 3 5. Department may order Milestone to cease or relocate its activities or use of the facility at any time should it be necessary for the proper use, safety or enjoyment of the park. Department will refund Milestone any portion of rent already paid as of the date of that order. 6. Pursuant to Indiana Code 22-9-1-10, Milestone, any sub -contractor, or any person acting on behalf of Milestone 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. 7. Milestone agrees to repair any damage to the parking area after each use. Milestone shall remove all trash and debris after each us by Milestone of the parking area, and shall obey all rules and regulations set forth by the Richmond Parks and Recreation Department. 8. Milestone 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 Milestone. 9. Milestone shall be deemed to be an independent entity, and is not an employee or agent of the City of Richmond. 10. Milestone 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. Milestone shall provide the Department with a copy of such policy or Certificate of Coverage on or before November 1, 2009 and shall not be permitted to engage in activities at Department's facilities or use Department's facilities until proof of coverage is provided. 11. 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 the Agreement a written instrument setting forth such changes by both parties. 12. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 13. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Agreement, if any, 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. Page 2 of 3 14. 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 Agreement. 15. In the event of any breach of this Agreement by Milestone, and in addition to any damages or remedies, Milestone 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. 16. 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. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By:_S/S Mike Foley Mike Foley, President By:_S/S Avis Stewart Avis Stewart, Vice President By:_S/S Jennifer Eastman Jennifer Eastman, Member By:_S/S Karen Montgomery Karen Montgomery, Member Date: October 27. 2009 APPROVED:_S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: October 28. 2009 "CONTRACTOR" MILESTONE CONSTRUCTION By:_S/S Wayne Jester Printed: Wayne Jester Title: —Area Manager Date: October 30, 2009 Page 3 of 3