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HomeMy WebLinkAboutFacilities Use AgreementFacilities Use Agreement City of Jeffersonville and Sigma Chi Fraternity- Iota Lambda Chapter at the University of Louisville THIS INDENTURE WITNESSETH THAT the City of Jeffersonville, the Jeffersonville Parks Authority and any and all entities associated therewith (hereinafter "Jeffersonville")does hereby enter into the following agreement with the Sigma Chi Fraternity-Iota Lambda Chapter- University of Louisville Chapter (hereinafter "Sigma Chi'): 1. Jeffersonville is a duly constituted city located in the State of Indiana. Jeffersonville has numerous political subdivisions and departments among those, but not limited to, the Jeffersonville Parks Department; 2. The Jeffersonville Parks Department is administered and overseen by the Jeffersonville Parks Authority; 3. The Jeffersonville Parks Department operates and manages various recreational facilities throughout the city. Among those, but not limited to, is that area more commonly known as the Jeffersonville Riverstage. The Riverstage is a floating stage docked adjacent to the Jeffersonville's Terrace Lawn (Hereinafter "Terrace Lawn"). 4. The Jeffersonville Parks Department operates and manages that area more commonly known as "The Spring Street Overlook". (Hereinafter "Overlook"). 5. The Sigma Chi Fraternity is an International fraternity with its National Headquarters located at 1714 Hinman Avenue, Evanston, Illinois. Page 1 of 5 6. The Sigma Chi-Iota Lambda Chapter maintains a chapter at the University of Louisville Campus. Sigma Chi's mailing address is: Student Activities Center, Rm. 310, University of Louisville, Louisville, Kentucky 40292. 7. The Sigma Chi conducts an event that it refers to as Sigmapalooza (hereinafter "Event"). Said event is schedule for September 27, 2008 beginning at 2:00 p. m. and ending at midnight on September 28, 2008. 8. Sigma Chi is desirous of, and Jeffersonville is agreeable to, leasing those areas known as the Overlook, Riverstage and Terrace Lawn, beginning September 27, 2008 at 8:00 a. m. continuing until September 28, 2008 at 1:00 a.m. 9. It is Sigma Chi's intent to utilize said property for the purpose of conducting those activities associated with the Event. Sigma Chi agrees that it shall pay Jeffersonville the sum of One Dollar ($1.00) for the right and privilege of utilizing the above described facilities. 10. Sigma Chi agrees and understands that it shall be wholly responsible for providing security for said event. 11. Sigma Chi agrees and understands that it shall be wholly responsible for insuring that those individuals in attendance shall not become intoxicated such that they become a danger to themselves or others and/or otherwise violate Indiana Law related to the use of alcoholic beverages. 12. Sigma Chi agrees and understands that it shall be wholly responsible for insuring that those individuals in attendance adhere to all of those laws of the state of Indiana as it relates to the use of and possession of narcotics. 13. Sigma Chi agrees and understands that it shall be wholly responsible for any and Page 2 of 5 all negligence and/or criminal or intentional conduct of any third parties who may attend said event. 14. Sigma Chi agrees to indemnify and hold Jeffersonville its assignees, staff, employees and any and all other parties affiliated therewith harmless and to defend and protect them from any liability, loss, damages, whether actual, incidental or punitive, cost or expenses including attorney fees with regard to any action cause of action or claim of any nature whatsoever, whether or not included within or covered by insurance held by Sigma Chi or the City of Jeffersonville that may arise as a result of or in any way related to the event conducted by Sigma Chi pursuant to this agreement. This shall further include any and all other activities of the City of Jeffersonville in or near the event venue, including without limitation, any actions, causes of action or claims of any nature of any persons who attend, or participate in the scheduled event or who perform any services in conjunction with this event. 15. Sigma Chi agrees and understands that it shall be indemnify and hold the City harmless for any and all claims that may be made by any party related to any activities related to this event. This shall include any claims in tort, contract or common law. This shall include, but not be limited to, claims premised upon Dram Shop, third party criminal conduct, and/or any and all claims that mayor may not be asserted by any individual in attendance and/or anyone who claims damages proximately related to the Event. 16. Sigma Chi acknowledges and understands that it shall be responsible for the payment of all expenses incurred as a result of conducting said event. This shall include, but not be limited to, expenses for entertainment, sound, lighting and Riverstage management. Moreover, Sigma Chi will provide necessary and reasonable security as deemed acceptable by the City of Jeffersonville. 17. Sigma Chi shall be responsible for securing the event area and insuring that no alcoholic beverages are consumed illegally by minors and/or outside of that area specifically designated by Indiana law for that purpose. Page 3 of 5 18. Sigma Chi affirms that it has secured liability insurance for the Event. Sigma Chi has secured a general liability insurance policy from fJ ~ 5 k (~1a nae r vv.u~d ~-uundu~-• with aggregate coverage in the amount of $ a~ na~~ mn) a py of which is attached hereto. 19. Moreover, Sigma Chi affirms that it has instructed its insurance carrier to affix the City of Jeffersonville, its entities, assigns, employees and all other individuals associated therewith, as "also insured" for the purpose of providing the City with liability coverage for any and all claims that may or may not be made related to the Event in question. 20. Sigma Chi affirms that it has read and understands this agreement and that the individual who has affixed his signature hereto is acting on behalf of the Sigma Chi Fraternity- Iota Lambda Chapter located at the University of Louisville. 21. The signator herein affirms under penalties of perjury that those provisions related to insurance and other indemnification have been satisfied and that Sigma Chi has fulfilled all of its obligations to insure that the City is protected from any and all potential claims in tort, contract or otherwise. So Agreed Upon this ~ day of September, 2008. I, INI~n ~~CLtk(~1 R/j ,affirm under the penalties of perjury that I have read this contractual agreement, I am authorized to enter into this agreement on behalf of the Sigma Chi Fraternity and that the Sigma Chi Fraternity has ful£Iled all of those conditions precedent set forth herein. Authorized Agent of Sigma Chi Lamdba Iota Chapter Page 4 of 5 State of Indiana County of Clark I~ ~~~ ~ `~ ,affirm that on ~ 22 0~ the above individual app ared before me and after first being duly sworn, affixed their sign u e to this docom t._ Comm. Expires: ~ ~I N Pu ~~' ~~~ State of Indiar~~., , Printed Name County of l ~I 1, „ I~~, Page 5 of 5 ~ ,, , .. 1 ~ r ~,. ' ` ' , ~ ga, . >r, 8/1/08 JAMES R FAVOR & COMPANY ' l ^ I , Ir 14486 E EVANS AVENUE ~ / < ~ Y AURORA, CO 80014 . (303) 750-1122 ~ I .. ~ . ' (600)344-7335 '~~ UNDERWRITERS @ LLOYD'S LONDON _ _ i r I THE RISK MANAGEMENT FOUNDATION - f- f SIGMACHIFRATERNITY(EIAL) ~ `/` A; ~ L1 1714 HINMAN AVENUE D , .+ EVANSTON ILLINOIS fi0201 ~ .~s'! ~~~A""" 'B COVERAGE APPLIES TO AlL CHAPTERS, COLONIES HOUSE CORPORATIONS 8 ALUMNI GROUPS THAT ARE !.uaimv MEMBERS OF THE RISK MANAGEMENT FOUNDATION ! ETrea a THIS ~IOCEHTIFY THATPULICIES OF;N311NANCELI$l'ED fiFLO1Y HAVF6HEN 156UE0 YO THE INSUHEU NAMEp AHO'1„i OR TIlE POLiC'(gLPIU0INGIC4fF,p NOT\/ITH6rANOING aNY gEOUIHEMENT. iERM1I 09 CONDITION OF ANY CONTRFC: ON OTHER O(1CUM1IFNY WITH RC 2FCi IO Y/111CI1 !111 ' ' ~K~ MAY tlE ISa UEp OH AIAY PF.flTAIN, THE IN„IIgANCE AFFOFIGEO 6Y TnE POLICIE6 JE5CRI6EU HflRE!N I CONDITIONS CF SUCH POLICIES. 5 OLfl HCAiE $SUBJECT TOX ~TNE TF.g116, FCCIUJCN6. h,Jp ~:j 1~~ ItPerl V1Ugq`C It. iN.IRLH fY, ,C ' P 134 IgRIL iI' IFII Ii T110D41N0. i. F J`Tt C _ ___ - F R ~°4 [l~C ' _ _ _ C.ENFNAI IAHI ITY -~ - ~ ~ ..[yp et L r X`L1M1 FflE ,F L... '~~ ~'I Pnv ~ , S „ fiE II F qs ,!~ i , ~~ A X ~iP OttIIiJPIC 1 „r<, r-u ~ OBJRFC0.12-L 8/1/08 9 8/1/09 ~ 5 ~ X~ IRCT r r r P c m II ~os i 08JRFC0-12-LTX ~! , _ Xlcr x i al S 1 000 J 2 000 ~ X'. i ueP T ~.i (3~,Tam sFS ~ i , , , . 6 IL ~X1 PHVaD JP I En] w~1c - 1 - - Xi FEP J aL s w ~ I X', HOST LIQUOR ' ,s+Al. iN.;u1u .$2,000 Au ~ornaglLr uaelurr _ _... - _ __ ~ _-_- L! a P Fyt g ~ 1 n I se I 1 ilE ~ ~ ._.. - ~N~ (/ „ 1L~NP .~~ ~ ,~ ~ A ~ X wnm Tq~ 08JRFC0-12-L 8/1/08 '.. 8/1/09 _- X ~. 111 cv 1 ,ums ~ OBJRFCO-I2-LTX ! q.v ,q~T . ~ J l ~.. ..: _-.: Ge u.eo l a 1.000 I EXC Ess open Irv j. _... __ 18l ,.^ ~$ 14 J GYH H fl U46gEltd JPY I ~T ~. _. _ ~.. ~ _ _... ~ V/ORNFq$COMGEN6q ION ' NOT INS ED 5 TJa ~ ArvD ~ 5T BE MA TAINED LOC ALLY ~ ~F ( EMFLUVens' uARaln i 15 E, - ___ - f aTnEa ~ _ - _ __ ~ 6 o u Ew vree JE~ CHIPTIOh V` OF„ggilpES LOCATICNSNEII C EamPECh.L ITEMS - - - SMOULV ANY FTME ABOVE OESC,gIREV POLICIES qE CANCELLED BEFONE TXE E%~ TO WHOM IT MAV CONCERN PwanoN a E TH eoq. rHE IssmNn c r x'iu ENOEavoR To mall o rs~ nErv nOTlcE ro THEC Ic EnoLDER NAMED ro THe LER,tlUT Il MAIL SUCH NOTICE SH OS 1009LIGATIONOR LIA611-ITY September 2008 To Whom It May Concern: This letter conFirms that the Iota Lambda Chapter of Sigma Chi, located at the University of Louisville, is a member of the Risk Management Foundation and that the attached Certificate oflnsurance is effective for the following time period: August 1, 2008 through August 1, 2009. Sincerely, `Xr/r(nL~ v Y Stephen Davidson, Managing Director Risk Management Poundation 3 n jt '"~~ ,_ ~_~ _ ~ _1 2 0 its ~' _~ 3 ~~~ -t- ~~- i ~' ~~o D J ~ ~, ~ ~~ _QZ q - !ate t SPECIAL EVENTS APPLICATION Municipal Insurance Alliance - 2008 DATE: ENTITY NAME: CONTACT PERSON: ADDRESS: STATE AGENT: TEL# COUNTY: CITY IS THE ENTITY THE SPONSOR OF THE EVENT: YES_ NO_ CO-SPONSOR: YES_ (IN WHAT CAPACITY) NO_ DOES THE EVENT TAKE PLACE ON ENTITY-OWNED PROPERTY: YES ~NO NAME AND LOCATION OF EVENT (need area and/or address) DESIRED DATES OF COVERAGE -oZ 'D RAIN DATE: FULL SCHEDULE AND DESCRIPTION OF ALL EVENTS TO BE COVERED (BROCHURE OR FLYER REQUIRED) DIAGRAM /SITE PLAN IS REQUIRED ALL ACTIVITIES. DIAGRAM ATTACHED. YES _~ NO If event includes outside contractors or services (i.e. tractor pulls, horse pulls, carnivals mid-ways, inflatable equipment, etc.) FOR CONTRACTED SERVICES OR VENDORS AN INSURANCE CERTIFICATE IS REQUIRED. THE INDEPENDENT CONTRACTOR OR VENDOR SHOULD HAVE AT LEAST $1,000,000 IN LIABILITY COVERAGE NAMING THE MUNICIPALITY AS ADDITIONAL INSURED AND HAVE A HOLD HARMLESS/INDEMNIFICATION WAIVER FOR MUNICIPALITY. AN INSURANCE CERTIFICATE HAS BEEN REQUESTED FROM CONTRACTORS OR VENDORS AND IS ATTACHED. YES_ NO_ (Copies of insurance Certificates should be included with application) Specapp 02/04/08 Page I of 3 IS THE ENTITY NAMED AS AN ADDITIONAL INSURED ON CONTRACTORS OR VENSORS POLICY. YES _ NO ARE ALCOHOLIC BEVERAGES ALLOWED: YES NO IF()SEL1L/INGnALCOHOL BEVERAGES, W/HO ISr THE LICENSE HOLDER I~'~Q~f - Ireo hn.to.v~ ~..i vtn,l-Yln u.tp ~ /In~~- (A diagram of the beverage tent indicating entrance, exit, fencing and ID check stations must be included) CALL & EMERGENCY VEHICLE (IN CASE OF MEDICAL ESTIMATED TOTAL ATTENDANCE PER DAY J~ 5oy NUMBER OF YEARS THAT EVENT HAS BEEN HELD _~ LOSSES I PLEASE COMPLETE A DIAGRAMISITE PLAN ON ADDITIONAL PAGE Specapp 02/04/08 Page 2 of 3 DESCRIBE SECURITY PROTECTION (INCLUDE POLICE, FIRE, AMBULANCE ON piTy p~ September 22, 2008 v ~ W J SO~ The Risk Management Foundation 1714 Ninman Ave Evanston, IL 60201 Ref: IOta Lambda Chapter _ Of Sigma Chi Dear sir. City of Jefferonvile needs to be added as additional insured on certificate of insurance for the event at River Stage. They need to be added as additional insured because they are providing the location for ihls event. The Ciiyyof Jeffersonville does not provide insurance for your event; you need io carry your own insurance. lisfing City of Jeffersonville as additional insured. Therefore, you need fo provide the cedficafe of insurance to City of Jeffersonville before the event is held. If you have any additional questions, please call me a1812-941-4125. flank you Pe99Y Fawcett Account Mpnager OPPICE OF 7HE MAYOR The Honorable ]'bo Ras R. GalGgan Mayor 812-2B5 6400 office 812 - 285 -6403 fu ..~ww.CiryoQcfFoer Jefiecronville Giry Hell 500 Quu masrer Court 7dk~o~.iue, ^~d1a~a 4nso Patti Smith Purchasing Agent City of Seffers onvil le ]~~'~- ~ JL~~~~ I N S U R A N C E 826 West Maln 5}reei, New Albany, IN 47150 Phone: 812-941-4110 Fax: 812-944-8010 M equal opponuniry employer.