Loading...
HomeMy WebLinkAboutThe Admirals Club of IndpFACILITIES USE AGREEMENT APPROVED, AS TO FORM WHEREAS, the Admirals Club of Indianapolis, Inc. ("Club"), has requested permission to utilize City of Carreel, Indiana ("City") facilities, and specifically the pond and adjacent facilities located just south of Carreel City Hall, to run the Club's electric, steam and sail-powered model boats only; and WHEREFORE, the City's Board of Public Works and Safety approved such request on or about February 7, 2001, contingent upon proper insurance and indemnification being provided for and on behalf of the City. NOW, THEREFORE, the parties hereto agree as follows: 1. The above Recitals are incorporated herein by this reference. 2. Club agrees to procure and maintain at all times during which this Agreement is in effect, a liability insurance policy issued by an insurance company licensed to do business in Indiana that is reasonably acceptable to City, which policy shall have a limit of not less than One Million Dollars ($1,000,000.00) per event and shall protect the City and the Club from all claims for any bodily injury, personal injury, sickness, disease or death by or from any actions or inactions of the Club, its members, agents or guests during the use of the City's facilities pursuant to this Agreement. The Club shall cause its insurer to name City as an additional insured on such insurance policy, shall, upon request, provide City with a copy of such policy and shall not cancel same without thirty (30) days prior written notice to City. 3. Club shall indemnify and hold harmless City and its officers, officials, employees, agents, assigns and legal representatives from any and all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees, arising out of or from any intentional or negligent act or omission of the Club and/or any of its employees, agents or contractors from or during Club's use of the City's facilities pursuant to this Agreement. This indemnification obligation shall survive the termination of this Agreement. 4. Club agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to Club in relation to this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Club agrees to indemnify and hold harmless City from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any violation of such law, order, rule, _]- regulation, code or ordinance. this Agreement. 5. to the other party. This indemnification obligation shall survive the termination of Either party may terminate this Agreement at any time upon written notice 6. This Agreement shall become effective as of the last date on which a party hereto executes same, and shall remain in effect until January 1,2004, unless earlier terminated in accordance herewith. ~d d Approved and Adopted this ay of /~.,, ,2001. THE ADMIRALS CLU~j~.F~IN~_..LIS, INC. (Auth ' ' CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety ainard, Presiding Officer Date: '~"'~'5' C2t ~Bill~lker, Member Date: ~]-~'a/ ATT%,,~ Diana Cordray, M ~easurer Date; -2-