| 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: Page 1 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 Page 2 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 Page 3 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. Page 4 In witness whereof, the County and the Club have executed this on the date first written above. ___________________________ __________________________ (County) (Club) ___________________________ __________________________ (Title) (Title) ___________________________ ___________________________ (Date) (Date) Page 5 |