Holy Trinity Greek Church/Com Rel/Mobile Stage AgreementCITY OF CARMEL
MOBILE STAGE USE AND INDEMNIFICATION AGREEMENT
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Beginning ADate:
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Ending Date:
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Es ent POC (Name & Cell Phone #)
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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
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(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
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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.
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(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.
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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