Loading...
HomeMy WebLinkAboutIAWC WATER TANK AGREEMENT FOR PLACEMENT OF ART MURAL ON WATER TANK THIS AGREEMENT, made and entered into on the day written below along with the authorized signatures of the parties, between Indiana-American Water Company, Inc. (hereinafter"IAWC") and the City of Jeffersonville, Indiana (hereinafter"City"); WHEREAS, the City has inquired of IAWC whether IAWC would permit the City to place an art mural upon the exterior of the water tank and pump building(hereinafter"Tank Mural Project") owned by IAWC and located at Michigan Ave.,Jeffersonville, Indiana; WHEREAS, IAWC wishes to enter into an Agreement with the City as follows: 1. Consideration. IAWC, in exchange of the payment of ONE ($1.00) DOLLAR per year from the City, and other good and valuable consideration the sufficiency of which is hereby acknowledged, agrees to allow City to place and maintain an art mural on the exterior of the tank. 2. Term. The term of this agreement shall commence upon the date of execution by all parties and shall terminate on August 1, 2026. Unless the parties agree otherwise in writing,this agreement shall be automatically renewed thereafter for ten (10) year terms with each term expiring on the Vt of August in the last year of each ten year period. 3. Premises. City understands that the tank is a part of the public water system and, as such, IAWC's priority must be to maintain the integrity and safety of the public water system. City may utilize the space on the tank as well as within the perimeter and upon the base area of the tank for the sole purpose of preparing, placing and maintaining the art mural. City shall apply the art mural over the existing coating on the exterior of the tank. All access to the site for the allowed purposes must be approved and coordinated with the Jeffersonville office of IAWC. 4. Design and Appearance. IAWC shall have prior written approval of the design and the appearance of the art mural and the application methods prior to the placement of said mural on the tank. 5. Schedule of Work. IAWC shall have prior written approval of the schedule to place the art mural on the tank to allow for any preparation needed. 6. Termination. In the event either party wishes to terminate this agreement, the party so desiring shall provide the other with written notification not less than sixty (60) days prior to the date of termination or expiration as the case may be. Upon the conclusion of this agreement,City shall surrender any right to the tank including the art mural. 7. Theft/Property Damage. IAWC shall not be responsible for any damages or losses caused by theft or otherwise incurred by the City, its employees, agents or appointees. 8. City's Right of Ingress/Egress. City and/or its agents or appointees shall have a right-of-way easement for purposes of ingress and egress to the tank area and shall exercise care and consideration for the neighboring properties when utilizing said right-of-way.Such right of ingress/egress applies solely for the purpose of preparing, placing and maintaining the art mural. 9. Housekeeping and Maintenance. Both parties shall exercise good housekeeping practices with respect to the tank and the adjoining premises. IAWC shall be responsible for routine maintenance of the tank and the adjoining premises with the exception of the art mural,which shall be maintained by the City. 10. Damage to Tank. City and/or its agents and appointees shall not use any substance or materials that will cause corrosion, rust or deterioration of the tank or any part of the tank structure at any time during the term of this agreement. City shall be solely responsible for the costs of repairing any damages caused by it and/or its agents and appointees in violation of this clause. 11. Placement of Art Mural. City shall be solely responsible for all of costs of the design, preparation, placement and maintenance of the art mural contemplated under this agreement, including supplies related thereto. 12. Insurance on Tank. IAWC shall maintain property and liability insurance coverage on the tank and the adjoining premises it owns. IAWC shall not be responsible for any personal or property injuries or damages suffered as a direct consequence of the City's use of the tank for the art mural and its use of its ingress/egress, preparation,placement and maintenance rights. City shall hold harmless and indemnify IAWC for any personal or property damages related to the City's use of the tank as an art mural and its use of its ingress/egress, preparation, placement and maintenance rights. 13. License/Permits. City shall be solely responsible for obtaining and/or providing any and all permits, licenses, notifications, demands and requests as the case may be which may be required under any federal, state, county, or municipal law, ordinance, regulation, rule or order for design, preparation, placement and maintenance of the art mural. 14. No Assignments or Encumbrances. City may not assign, mortgage or encumber this agreement in any form or fashion nor shall it sublet or otherwise permit any other party to access or use the tank or adjoining premises owned by IAWC. 15. Art Mural Only. Pursuant to this agreement,City shall only have access rights to the tank for the sole purpose of preparation, placement and maintenance of the mural. 16. Transfer of Tank and Premises. Once the tank is no longer in service as a part of the public water system, IAWC shall transfer to City ownership of the tank, any other buildings or property on the premises, and the premises upon which the tank sits, in the condition they exist at the time the tank is taken out of service, either through donation or sale. Prior to such transfer of ownership, IAWC shall disconnect the tank from the public water system. From the point of transfer forward, City has sole responsibility and liability for all property, land and buildings transferred to it. 17. Severability. In the event that any part or provision of this agreement is found to be unlawful or invalid,the remaining provisions shall remain in full force and effect. 18. Applicable Law. This agreement shall be construed pursuant to the laws of the State of Indiana and jurisdiction of any dispute arising out of this agreement is vested in the Circuit Courts of Clark County, Indiana. 19. Indemnification. The City shall hold harmless and indemnify IAWC, its agents, servants, and employees as a result of any claim, demand, judgment, damage, loss and/or expense, including reasonable attorney's fees and court costs, made against IAWC, which may arise as a result of the use of the City, its agents, servants, employees, contractors, or subcontractors of the tank and adjoining premises owned by IAWC as an art mural and its use of its ingress/egress, preparation, placement and maintenance rights pursuant to the terms of this agreement. City shall maintain liability and employee workers compensation insurance related to the activities contemplated by this agreement at all times and will require that any and all agents, servants, contractors and subcontractors not covered by the City policies will carry separate liability and employees workers compensation insurance at all times during which those agents,servants,contractors or subcontractors are performing any service whatsoever upon the tank and adjoining premises owned by IAWC. 20. Headings. The paragraph headings are included for the sake of convenience and shall not be considered to be a substantive part of this agreement. So executed parties Mike Moore, ayor Authorized epr tative City of Jeffersonville, Indiana Indiana-American Water Company, Inc. r Date of execution: ✓ Date of Execution: lfl--0JIy- 2,017