HomeMy WebLinkAboutParks & Rec/Mgmt MononMONON MANAGEMENT AGREEMENT AMENDMENT
~°PROVED AS T~ FORM BY '7~
THIS Management Agreement Amendment ("Amendment"), is hereby made and entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety
(hereinafter "City"), and the Carmel/Clay Parks and Recreation Board (hereinafter "Manager").
RECITALS
WHEREAS, City and Manager executed an agreement (the "Original Agreement") on or about
July 16, 2003, for the management of the Morion Trail Greenway (the "Monon"); and
WHEREAS, to accommodate construction, City has re-routed part of the Monon within the City
Center (the "Detour") as depicted in attached Exhibit A, incorporated herein by reference; and
WHEREAS, City and Manager desire to include the management of the Detour.
NOW, THEREFORE, in consideration of the foregoing Recitals and the' covenants and
conditions set forth herein, City and Manager mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Amendment and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires for Manager to manage the Detour.
2.2 Manager shall, pursuant to this Amendment, provide the same services on the Detour for
the City as it does for the City on the Monon pursuant to the Original Agreement.
2.3 Manager acknowledges receipt of adequate consideration for the services provided by
Manager under and pursuant to this Amendment and that no additional payment is required
by City to Manager pursuant hereto.
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SECTION 3.
3.1
3.2
3.3
CITY'S RESPONSIBILITIES
City shall continue to perform and provide the same indemnity for and on the Detour as is
required for the Monon under the Original Agreement.
Prior to the completion of any construction planning on or involving the use or closure of
all or a portion of the Monon including the Detour, City shall coordinate its'efforts with
Manager.
Prior to (a) the erection of any item or any obstruction, (b) the use of any construction or
other equipment on the Monon and or the Detour or (c) the use'of the Monon and/or the
Detour or any portion thereof that could foreseeably impact Manager's responsibilities
under the Original Agreement and/or under this Amendment, City shall first notify
Manager with as much notice as possible but, except in the case of a bona l~de emergency,
no less than two (2) business days, so as to allow Manager to assist City in its efforts and
minimize interference with Manager's responsibilities.
SECTION 7.
MISCELLANEOUS
7.1 Binding Effect.
City and Manager, and their respective officers, officials, agents, partners and successors
in interest are bound to the other as to all Amendment terms, conditions and obligations.
7.2 SeverabiliW.
If any provision of this Amendment 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 Amendment which can operate independently of same shall continue in full force and
effect.
7.3 .Effective Date.
The effective date ("Effective Date") of this Amendment shall be the date on which the last
of the parties hereto executes same.
7.4 Entire Agreement.
This Amendment contains the entire agreement of and between the parties hereto with
respect to the subject matter hereof, and no prior agreement, understanding or
representation pertaining to such subject matter, written or oral, shall be effective for any
purpose. No provision of this Amendment may be changed except by an agreement in
writing signed by both parties hereto and/or their respective successors in interest. To the
extent any provision contained in this Amendment conflicts with any provision contained
in any exhibit attached hereto, the provision contained in this Amendment shall prevail.
Notwithstanding the above, the parties acknowledge and agree that this Amendment is an
independent contract that supplements and does not diminish, limit or change the Original
Agreement, which shall remain in full force and effect pursuant to its own temps and
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conditions irrespective of this Amendment.
7.5 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this
Amendment and that any person or entity executing same on behalf of such party has the
authority to bind such party or the party which they represent, as the case may be.
7.6 Headings.
All headings and sections of this A2nendment are inserted for convenience only and do not
form a part of this Agreement nor limit, expand or otherwise alter the meaning of any
provision hereof.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
CITy OF CARMEL, INDIANA
By and through its Board of Public
Works and Safety
CARMEL/CLAY BOARD OF PARKS AND
RECREATION
BY:
Mary An/(l~rke, ~,.~.~mber
Date:
L°ri Wa~s°n,..~le/~r. ~ .vt /
Date: ~ lo/ ~-/~2~
Dia'~a L. Cordray, IAI~, Clerk-Treasurer
Sandra M. Johtasol~
Deputy ,Clerk for
BY:
Authorized Signature
Printed Name and Title
Date:
ATTEST:~I/~.~.~i~x.~
Secretary
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