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HomeMy WebLinkAboutEast Georgia Easter Seal Society Augusta Richmond GA DOCUMENT NAME: EAST G-Cl'>R31r'\ GA9.TeR ~ ~L % DC-'';'f DOCUMENT TYPE: 1-1- CjRa (f) ~~ YEAR: \ ct q <6 BOX NUMBER: lo FILE NUMBER: 1 LIO ?:> \ NUMBER OF PAGES: 0 ; .. ~ ~ ....... i" STATE OF GEORGIA COUNTY OF RICHMOND AGREEMENT THIS AGREEMENT is made between AUGUSTA, GEORGIA, acting by and through AUGUSTA-RICHMOND COUNTY COMMISSION (THE CITY) and EAST GEORGIA EASTER SEAL SOCIETY, INC. (Easter Seals) and consists of the following: 1. The City is the lessee of and is vested with authority for the operation and oversight of the Pendleton King Park (Park) in Augusta, Georgia, which operation and oversight has been delegated to its Pendleton King Park Committee (the Committee). Easter Seals wishes to use the park for display of a lighted outdoor attraction during the Christmas holiday season. The display is to be entitled Fantasy of Lights. 2. Easter Seals will present all proposals for improvement or alteration of Park property to the Committee for approval before taking action. 3. Easter Seals will take utmost care to avoid damaging tree roots while installing electrical conduit. If trees need to be trimmed, permission will be obtained from the Committee before doing so. Easter Seals shall obtain the written consent of L. H. Simkins, Jr. (or such other member of the City's Pendleton King Park Committee as such committee may designate) prior to any excavation, trenching or trimming of trees or shrubs within the Park. 4. Display locations will be forwarded to the Committee ,. .7 '\ r .. as they are selected or become known and established for its approval. 5. A list of all businesses participating in the event will be provided to the Committee as they become known. 6. The event will be open to the public from Friday, December 4, 1998 through December 26, 1998. Easter Seals will be allowed suitable time (not to exceed 20 days) prior to the opening to the public to have the exhibits and displays installed, and a sufficient period of time (note to exceed 20 days) at the closing of the public exhibition to have the exhibits and displays remove~. 7. Beginning December 4, 1998, the Park will be open to the public only upon the payment of the fee to be charged by Easter Seals from 5:00 p.m. through the closing of the Park to the public at 10: 00 p.m. These hours of paid admission will be observed through December 26, 1998. The Park will be open to the public without paid admission to Easter Seals from 8:00 a.m. through 4:30 p.m. during the dates of the display. 8. Easter Seals will formulate a security plan at its own cost upon consultation with the Augusta-Richmond County Sheriff's Department in order to secure the displays while they are located at the Park. Neither the City, the Committee, the Pendleton King Trust (the Trust) nor its trustees shall have any responsibility or liability for the security of the assets of Easter Seals while they are located at the Park. 9. Easter Seals will be financially responsible for all alterations made to the Park in order to prepare it for the event 2 .. .~ '" ," and shall obtain all prerequisite licenses and permits. Neither the Committee, the City, the Trust nor its trustees will be responsible for any experiditures or funds in connection with the event other than the Committee's normal expenses in connection with the operation of the Park. After completion of the event, Easter Seals shall remove the exhibits within the time prescribed in Paragraph 6 above, and return sole possession of the Park to the Committee in the same condition as prior to the event, approved changes and alterations excepted. 10. The proceeds from the event and all displays and equipment donated for the event shall remain the property of Easter Seals. 11. Easter Seals shall indemnify and hold the Committee, the City, the Trust and its trustees free and harmless from any and all liability, claims, loss, damage or expenses arising by reason of any death, injury or property damages sustained by any person arising out of, incident to, or in any way connected with the use of the Park by Easter Seals and due to errors or omissions of Easter Seals. 12. During its use and occupancy of the Park, Easter Seals shall maintain, in full force and effect, public liability insurance in at least the following amounts: Bodily Injury Llability - $1,000,000 per injured person Property Damage .- $250,000 per person $50Q,OOO in the aggregate Such insurance shall be written by a company licensed in the State of Georgia and shall list the City, the committee, its members and 3 ,,;.' ~ . '. " the Trust and its trustees as insured. A certified copy of the policy and evidence of premium payment shall be delivered to the Committee for its approval before Easter Seals enter upon the Park premises. 13. Except as outlined herein, Easter Seals retains the total control over the promotion, preparation for and operation of the event. 14. In consideration of the agreements made herein, the parties do hereby bind themselves and execute this Agreement. This /~ day of ~ert!F/)lIi~ 1998. ~ ". EAST GEORGIA EASTER SEAL ::~I.~C; G./' , '/7'// ~ A~~~ 4