Agreement between Johnson County Park
And
Johnson County RC Flyers AMA #443




This Agreement, entered into this_________day of _________, 2009, by and between the Johnson county Park and
the Johnson County RC Flyers, AMA #443,(hereinafter referred to as the “CLUB”), a not for profit organization and
Johnson County Park(Owner of Property) of Johnson County, Indiana hereinafter collectively referred to as “COUNTY”;

WITNESSTH:
Whereas, the County recognizes that many of its residents are model enthusiasts, and that the making and operating
of models is recognized as a healthy and constructive activity; and whereas the County  owns property at the Johnson
County Park and that this property will be set aside for modeling activities; and whereas, the County desires
supervisory assistance from qualified and experienced sources, and further wishes to affirm or guarantee appropriate
applicable insurance coverage for the County and those involved in said modeling activities; and whereas, the Club is
and organization which desires to assist the County in this endeavor; and whereas, the County recognizes a need to
protect the safety and welfare of County residents using the Johnson County Park and provide them with a sound
supervisory assistance and adequate insurance coverage for this activity; wherefore, for and in consideration of the
respective covenants and agreements to be kept and performed by the parties hereto, Johnson County RC Flyers,
AMA #443 Club and Johnson County Park County do mutually agree as follows:






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ARTICLE 1

A. The County agrees to assign the Club the area designated as the
   Johnson County Park RC Flying Field property for use by the
   Members of the Club, County residents and others to engage in     
   modeling activities.
B. The Club shall administer the Johnson County Park RC Flying Field,
  and shall post the area accordingly with the rules and regulations
  pertaining to the use of the field and models.
C. Club members, County residents and others shall be permitted to use  
   the facilities, but must be current members of the Academy of Model
  Aeronautics(“AMA”) and shall abide by all rules and regulations
  Posted and administered by the Club, including but not limited to the
  AMA Safety Code. The Club shall have the authority to request that
  violators of such rules and regulations remove themselves from the
  premises.  At all other times, any use of these facilities shall be at the
  user’s own risk and in accordance with any posted times, rules and/
  or regulations.  

ARTICLE II

  Pursuant to the terms of this Agreement, the County hereby agrees to
  grant the Club, its members and guests the right to use the Johnson
  County RC Flying Field (property) free from rent as an aeromodeling  
  field.
ARTICLE III

A. The Club agrees to assume all risks of loss, injury, or damage of any   
   kind or nature to any person or property including, but not limited
   to, any building or other structure, or to the contents of any such
   building or structure, or to any good, chattels, or any other property
   that may be in or upon the area or premises to be used by the Club,
   whether belonging to the County or others, which result from the
   flying of their model aircraft in their respective area and under their
   supervision during the term of this Agreement and at the times in
   which the area is in use by the Club.  The Club shall take proper
   care, safety, and health precautions to protect the County,  the

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   public, and the property of others.  The Club hereby agrees to
   indemnify the County, defend it against and hold harmless from
   any and all claims, demands, causes of action arising out of the use
   of the premises by the Club as and aeromodel aircraft field pursuant
   to this agreement.
B.  Nothing in this Agreement shall be construed, nor shall it serve, to
   impose any personal liability upon any officer, director, member or
   representative of the Club, either individually or collectively, in
   connection with any functions, operations or activities contemplated
   or referenced herein.
C. The Club agrees to carry, during the term of this Agreement,
   insurance through the Academy of Model Aeronautics, covering the
   Club, members and the County, in the amount of at least $2,500,000
   combined single-limit for the personal injury or property damage.
   Such insurance shall be evidenced by the filing with the County
of                                                                                                           
   an AMA chartered club additional insured certificate, naming the
   County as an additional insured under the AMA general liability
   policy.     

ARTICLE IV

A. The Club shall be solely responsible for obtaining any necessary
   licenses and for complying with any applicable Federal, State
   and municipal laws, codes and regulations in connection with the use   
   of the Johnson County RC Flying Field.
B.  The Club agrees to maintain the area in a clean and undamaged
   state and shall have the right to more repairs to those areas.  The
   general maintenance of grounds such as mowing of grass shall be
   provided by the Club with the assistance of the varied County
   departments.
ARTICLE V

   This Agreement may be rescinded by the Club or the County for
   convenience by giving to the other notice in writing.  The County
   reserves the right and discretion at all times to cancel and terminate
   this Agreement.  Termination hereunder shall be effected by delivery
   to the other party of a written Notice of Termination thirty (30) days
 
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   in advance of said termination, or not less than twenty-four (24)
   hours in advance of said termination if emergency public use of
   The Johnson County RC Flying Field is required.


ARTICLE VI

   Neither this Agreement nor any interest therein, nor any claim
   thereunder, shall be assigned or transferred by the Club, except
   as expressly authorized in writing by the County.


ARTICLE VII

   The Club hereby certifies that it does not and will not practice
   discrimination against any person or group on the basis of race,
   color, sex, religious creed, ancestry, or national orgin.


ARTICLE VIII

   The Club shall perform this Agreement as independent contractors
   and shall not be considered agents of the County, nor shall any of
   the employees, agents, officers, members, or other personnel of the
   Club be considered sub-agents of the County.


ARTICLE IX


   This Agreement contains all of the agreements and conditions made     
    between the parties and may not be modified orally on in any other
    manner other than by written agreement signed by all parties or
    their respective successors in interest.



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   In witness whereof, the County and the Club have executed this
   on the date first written above.


   ___________________________     __________________________
   (County)                                           (Club)




   ___________________________     __________________________
   (Title)                                                 (Title)




   ___________________________     ___________________________
   (Date)                                                 (Date)













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