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HomeMy Public PortalAbout103-2011 - Parks - Three Chicks Diving LLC - FFACILITY USAGE AGREEMENT THIS AGREEMENT made and entered into this _5th day of _July , 2011 and referred to as Contract No 103-2011 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 be deemed to have begun on July 1, 2011 and shall expire on September 1, 2011. 2. 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 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 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. Group shall provide the Department with a copy of such policy or Certificate of Coverage on or before Julyl, 2011 and shall not be permitted to engage in activities at Department's facilities until proof of coverage is provided. 8. 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. Contract No. 103-2011 9. 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 with the Agreement a written instrument setting forth such changes signed by both parties. 10. 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. 11. The parties hereto submit to 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. 12. 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. 13. In the event of any breech 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. 14. A breach of this Agreement shall include, but not be limited to, failure of Group to comply with any of the terms of this Agreement, failure to procure and maintain appropriate levels of general liability insurance as set forth in the terms of this Agreement, or failure to adhere to all federal laws, state laws, and local ordinances. In the event Group is able to cure or resolve any action or situation that caused the breach, City will not hold Group in default if such cure is able to be performed within thirty (30) days of the date breach is deemed by the City to have occurred. City shall provide Group with written notice of the breach by first-class mail, and Group shall have thirty (30) days from the receipt of notice of breach or default to perform said cure. 15. In the event Group is unable to cure or resolve the breach, City may declare Group in default and breach of this Agreement, and shall proceed with any action necessary to take possession of the facility. In the event of an emergency, City shall immediately proceed with any action necessary to take possession of the facility. City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination. 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 Karen Montgomery Dr. Karen Montgomery, President Date: Julv 26. 2011 APPROVED:_S/S Sarah L. Hutton Sarah L. Hutton, Mayor "GROUP" THREE CHICKS DIVING LLC By:_S/S Robin R. Dils Printed: (_Robin R. Dils ) Title: President Date: July 20, 2011 Date:_July 26, 2011