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HomeMy WebLinkAboutHoly Trinity Greek Church/Com Rel/Mobile Stage AgreementCITY OF CARMEL MOBILE STAGE USE AND INDEMNIFICATION AGREEMENT Sim rsor (Name, street address, telephone #f)) [/ �l fy L Z)ri/ X Jittjail OreIC 1;;,,r) (II� ., Evcnr Beginning ADate: 0`2g2,-22)15---- Ending Date: uy 3c 2615 Es ent POC (Name & Cell Phone #) /Nit /216t„ 3(7- 523 -£b3„ This Mobile Stage Use And Indemnification Agreement (the "Agreement") is hereby Entered into by and between the City of Carmel, 1 Civic Square, Cannel, Indiana 46032 ("City"), and the Sponsor named above ("Sponsor"). 1. Use and Ownership. From and during the period from the Beginning Date specified above to the Ending Date specified above (the "Term"), Sponsor is entitled to use a mobile stage approximately 40 feet in length owned by City (the "Mobile Stage") in connection with the Event specified above (the "Event"). Sponsor shall use the Mobile Stage only in connection with the Event and shall obtain City's written permission prior to using the Mobile Stage for any other purpose. The Mobile Stage shall at all times be the sole and exclusive property of City, and Sponsor agrees that neither it nor anyone else will acquire any interest in the Mobile Stage other than the limited right to use the Mobile Stage granted by this Agreement. Sponsor shall take all steps required to keep the Mobile Stage free of any and all security interests, liens, encumbrances or claims arising through Sponsor's custody of the Mobile Stage, as a result of any obligation of Sponsor, or related to the Event. 2. No Rental Charge. Although City shall not charge Sponsor any rent for the use of the Mobile Stage in accordance with this Agreement, Sponsor's representations, warranties, covenants and indemnification obligations under this Agreement are a material inducement and condition precedent to City's agreement to allow Sponsor to use the Mobile Stage. 3. Delivery and Movement. City shall arrange for the delivery of the Mobile Stage on or prior to the beginning of the Term to the location of the Event as specified by Sponsor (the "Site") and for the removal of the Mobile Stage following the Tenn. Sponsor shall not move the Mobile Stage nor allow anyone other than City or its designee to move the Mobile Stage without City's prior written consent. Sponsor represents and warrants to City as follows: (A) The Site is of sufficient size for the Mobile Stage. (B) The Site is level and flat with sufficient drainage to prevent retention of water that might cause damage to the Mobile Stage. EXHIBIT A /cc( (H) If the Mobile Stage becomes unsafe to use during the Tenn, Sponsor shall promptly notify City and immediately cease using the Mobile Stage until the unsafe condition is remedied. Sponsor shall take all necessary and reasonable precautions for the safety of persons and property using or in the immediate area of the Mobile Stage before, during and after the Event or while the Mobile State is otherwise in Sponsor's custody and control. 6. Immediate Termination. If Sponsor fails to observe and perform each and every term, provision, covenant and condition to be observed and performed by Sponsor under this Agreement diligently, fully and promptly, such failure shall constitute a breach of this Agreement and permit City to terminate this Agreement immediately without notice or right to cure, even if such termination or cancellation occurs just prior to or during the Event, and repossess the Mobile Stage immediately following such termination notwithstanding the effect of such termination and repossession on Sponsor or the Event. 7. Release and Indemnity. Sponsor accepts the Mobile Stage "as is" without warranties of any kind from City. Sponsor hereby releases and agrees to indemnify, defend and hold hannless City, the City. of Cannel, Indiana, and their respective directors, officials, officers, staff, agents, employees, contractors, volunteers, affiliates, successors, assigns and third party suppliers, including but not limited to, any other governmental entity or instrumentality (collectively, "City Indemnified Paries") from and against any and all direct and indirect claims, debts, actions, causes of action, suits, demands, fines penalties, judgments, omissions, damages or expenses whatsoever, whether or not founded in whole or in part on any negligent or grossly negligent act or omission or any alleged defect in the Mobile Stage, or on a theory of breach of warranty, including, without limitation, actual attorneys' fees and costs arising out of or incurred by or relating to the following: (a) a breach of any representation, warranty, covenant or agreement contained in this Agreement or any law by Sponsor; (b) any damage to or destruction of property, or injury to or death of persons caused or alleged to have been caused in whole or in part, -by any intentional, reckless, negligent or other act (or failure to act) by Sponsor; or (c) all losses, damages or injuries caused by Sponsor or due to improper use of the Mobile Stage. Prior to settling any claim involving the Mobile Stage, Sponsor shall give City an opportunity to participate in the defense and/or settlement of such claim and shall not settle any claim without City's prior written consent and without a complete release of all City Indemnified Parties. 8. Insurance. (a) Liability Insurance. During the Tenn, Sponsor shall maintain in force a policy of public liability and property damage insurance for bodily injury and death, with personal injury and property damage liability limits of at least 51,000,000 per occurrence and 51,000,000 in the aggregate, including City as a primary insured party, against liability for damage sustained by any person or persons as a result of the ownership, maintenance, use, operation, storage, erection, dismantling, servicing or transportation of the Mobile Stage. Sponsor shall on demand furnish City with a certificate evidencing such insurance, which insurance shall not.be cancelled or materially modified unless Sponsor or the applicable insurer provides City with at least 72 hours' prior written notice. City agrees to abide by the provisions of the policy and to make a EXHIBIT A 2,K written report to City and the insurer as soon as practical after any accident or occurrence involving the Mobile Stage. (b) Physical Damage Insurance. During the Tenn, Sponsor shall maintain in force an insurance policy providing for primary all-risk property damage coverage on the Mobile Stage and naming City as an additional insured and loss payee. The insurance policy shall be in an amount at least equal to the replacement value of the Mobile Stage (as specified by City), shall provide for a deductible no greater than S2,500 unless otherwise agreed in writing by City and shall provide that no act, omission or breach of warranty or agreement by Sponsor shall give rise to any defense against payment of the insurance proceeds to City and that the insurer give City written notice at least 72 hours prior to the effective date of any expiration, modification, reduction, termination or cancellation of such policy. (c) Risk of Loss. During the Team, Sponsor is liable for all damage to or loss of the Mobile Stage arising from any accident, theft, seizure or destruction, whether or not caused by Sponsor. Sponsor's liability is limited to the full value of the Mobile Stage at the time it is lost or damaged, plus City's related expenses, such as loss of use, appraisal fees, recovery costs and attorney's costs. 9. Security Deposit. City reserves the right to require a reasonable security deposit not to exceed One Thousand Dollars (51,000) as security for performance by Sponsor of its obligations under this Agreement (the "Security, Deposit"), which City shall hold. If Sponsor performs and observes all of the terms, conditions and covenants of this Agreement which are required to be performed and observed by it, City shall return the Security Deposit, or balance thereof then held by City, without interest, to Sponsor within thirty (30) days after the expiration of the Term or after Sponsor surrenders possession of the Mobile Stage, whichever is later. In the event of a default by Sponsor in the performance or observance of any of the terms, conditions, or covenants of this Agreement, then City may, at its option and without notice, apply all or any part of the Security Deposit to curt any such default. 10. Additional Provisions. (a) Assignment; Survival. Sponsor shall not sell, transfer, assign, sublease, convey or otherwise transfer any of its rights or obligations under this Agreement or in the Mobile Stage without City's prior written consent. City may sell, assign, sublet or otherwise transfer all or any part of its right, title and interest in and to the Mobile Stage and/or this Agreement to a third party, including but not limited to any other governmental entity or instrumentality. Sponsor's obligations, representations and warranties, and City's rights, shall survive the expiration, cancellation or termination of this Agreement. (b) Amendment. This agreement constitutes the entire agreement between City and Sponsor and may not he amended in any manner, unless by written amendment executed by an authorized agent or officer of Sponsor and an authorized agent or official of City. Y}IIBIT 3 o.cS (c) Notices. Notices under the terms of this Agreement shall be in writing and shall be delivered in person, via facsimile, by courier service, by certified mail or by registered mail return receipt requested, in the case of City, to the address on the first page of this Agreement, with a copy to City of Carmel, Attention: Carmel City Attorney, 1 Civic Square, Carmel, Indiana 46032, and in the case of Sponsor to the address specified on the first page of this Agreement. (d) Specific Performance. In the event of any controversy concerning the rights or obligations under this Agreement, such rights or obligations will be enforceable in a court of equity by a decree of specific performance. Such remedies will, however, be cumulative and nonexclusive and will be in addition to any other remedies the parties may have. (e) Governing Law; Venue. This Agreement and the relationship between the parties hereto will be governed by and construed in accordance with the laws of the State of Indiana and the ordinances of the City of Carmel, without regard to principles of conflict of laws. Sponsor and City agree that any and all actions or suits in connection with, arising out of or related to this agreement or the Mobile Stage shall be litigated only in state courts of record located in, or federal courts whose district includes, Hamilton County, Indiana, and each party consents to and submits to the personal jurisdiction of any such court and waives any right to transfer or change the venue of any such action to a state court or federal court no located in, or whose district does not include, Hamilton County, Indiana. In the event a lawsuit is filed under this Agreement or relating to the Mobile Stage, Sponsor and City waive any right to a jury trial. (f) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement which can operate independently of the stricken provision shall continue in full force and effect. (g) Waiver. Sponsor agrees that City's failure at any time to require performance by Sponsor of Sponsor's breach or violation of any provision shall not operate as a waiver by City to request strict performance of the same or like provisions, or any other provisions in this Agreement at a later time, shall not operate as a waiver of Sponsor's ongoing breach of any provisions of this Agreement and shall not operate to foreclose City from terminating this Agreement due to the breach or violation in the future. (h) Excuse of Performance. The parties shall be excused from performance of their respective obligations under this Agreement to the extent the fulfillment of same is not reasonably possible due to an Act of God, weather, war, insurrection, riot, fire or act of terrorism; provided, however, that the perfonnance of such obligations shall be resumed as soon as an occurrence listed in this subparagraph is ended or diminished so as to reasonably allow for the fulfillment of same. !‘BIT I / L- oft' Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA SPONSOR By and through its Board of Public Works and Safety BY: Jam Brainard, Presiding Officer Signature Dae:gicAl g Printed Name Mary Ann Burke, Ivlember Date: Title Date Lori S. Watson, Member Date: ATTEST: Diana Cordray, IMCA, Clerk -Treasurer Date: E XHIB►T A HOLYT-1 OP ID: HC `°1/4-- CERTIFICATE OF LIABILITY INSURANCE 008/20/2015ATE ) 08(20/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 11 the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Capitol Insurance 8395 Keystone Crossing, 6315 Indianapolis, IN 46240 Tony Grahn NAMMEACT TonyJ. Grahn PHONE Eat): 317-253-1155 I FAX No): E-MAIL AOOREss: INSURER(S) AFFORDING COVERAGE NAIC I INSURER A: Mennonite Mutual V SURED Holy Trinity Greek Orthodox Ch Cindy Watson 3500 W 106th St Carmel, IN 46032 INSURERS: Hartford Insurance Group 22357 INSURER C: EACH OCCURRENCE INSURER D: INSURER E : 06/01/2015 INSURER F : PREMISES{ aoccorronce) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS. TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWrTNSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR ILTR OF INSURANCE ADDLTYPE INSRISUB NSR IWVD POLICY NUMBER 6i -P IMMIDDIYYYY) (MMPOLICY JDD�) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERALLIABIUTY EACH OCCURRENCE $ 1,000,000 CHP1308468 06/01/2015 06/01/2016 PREMISES{ aoccorronce) $ 100,000 CLAIMS -MADE X OCCUR MED EXP(Any one person) S 5,000 PERSONAL 8. ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE 7—(1 POLICY LIMIT APPLIES PER: PRO- JECT (1 LOC PRODUCTS. COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE X — LIABILITY ANY AUTO ALL OWNED AUTOS ED AUTOS ' SCHEDULED AUTOS AUTOS NED COMBINED SINGLE LIMIT (Ea aecidonl) $ 1,000,000 CAP1300151 06/01/2015 06/01/2016 BODILY INJURY Per person) $ BODILY INJURY Per accident) $ PROHIR PER�ACCIDENT)AGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EACH OCCURRENCE $ 4,000,000 UM 81300468 06/01/2015 06/01/2016 AGGREGATE $ 4,000,000 DED. X RETENTIONS NONE $ B WORKERS COMPENSATION AId1 EMPLOYERS' LIABILITY ER/ECUT1VE YIN ANYICER/MEMBER PPOPRIETORPAR Fi EXC(Mandatory in NH) II yes, describe under DESCRIPTION OP OPERATIONS below NIA X TORY LIMIT- OFR 84WECAA9407 06/01/2015 06/01/2016 E L. EACH ACCIDENT $ 500,000 EL. DISEASE - EA EMPLOYEE $ 500,000 E L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Addibonai Remarks Schedule, it more space is required) CERTIFICATE. HOLDER CANCELLATION CITYC-2 City of Carmel Community Relations Dept. 30 W. Main Street Ste 220 Carmel, IN 46032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Tony Grahn ACORD 25 (2010/05) O 1989-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION NO. BPW-09-02-15-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS ANI) SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"): and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. follows: NOW, THEREFORE, BE 1'I' RESOLVED by the City of Cannel Board of Public Works and Safety as 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review. SO RESOLVED this a°CI day of Seek.� . 2015: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: �rainard, Presiding Officer Jam pale: Mary An Date: Burke, et ber Lori S. Watson Date: ATTEST: 9/4 Lw949 Diana'Cordray, IMCA, Clerk "treasurer Date: 9- 2- -iS SAoberlander\BPW Resolutions1Acknowledge Greekfest Mobile Stage Use Agreement - 20154ocx5;26/201512 45 PM