Contract - Tiarra Hammond, LLC dba TheJumpOff Trolley

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AGREEMENT FOR OPERATION OF PEDAL TROLLEY WITHIN CITY OF SOUTH BEND, INDIANA This Agreement is entered into between Tiarra Hammond, LLC, d/b/a TheJumpOff, with principal place of business located at 1102 Brook Rune Drive, 2B, Mishawaka, Indiana 46544 (hereafter “TheJumpOff” or “Operator”), and the City of South Bend, Indiana, by and through its Board of Public Works (hereafter the “City”), 1308 County-City Building, South Bend, Indiana 46601 (each a “Party” and collectively, the “Parties”). The Parties agree as follows: WHEREAS, the Operator wishes to operate a pedal trolley service, that is, a four wheeled open air, pedal vehicle with a seating capacity of 14 passengers, plus one driver, within the corporate limits of the City of South Bend; and WHEREAS, the City believes a pedal trolley service would enhance the recreational opportunities of South Bend citizens and visitors; and WHEREAS, it is in the interest of public health and safety that certain reasonable limitations be imposed on the Operator’s use and operation in the public right of way of its pedal trolley service, which shall also be required of any other operator of similar devices; and WHEREAS, the City Board of Public Works is charged with providing for the safety and use of the public right of way within the City. NOW, THEREFORE, in consideration of the City’s grant to Operator of the use of the public right of way as described herein and other good, valuable consideration, it is agreed as follows: 1. Term and Area of Operation. The Operator shall be permitted to operate no more than two (2) pedal trolleys within the public right of way of the City of South Bend, during the period from April 1, 2023 through October 31, 2023. This Agreement may be renewed for successive one-year terms thereafter upon express written consent of the City. Each subsequent year term shall be limited to the months of April through the end of October, unless otherwise agreed. As used throughout this Agreement the term “pedal trolley” shall refer to the vehicle which Operator has described as a four (4) wheeled open air, pedal vehicle with seats for fourteen (14) passengers and one (1) driver, a photo of which is attached hereto as Exhibit A. The pedal trolley must have operating lights, turn signals, be equipped with reflective gear, other safety notifications and provide for seat belts for all riders. Operator shall immediately notify the City if the pedal trolley deviates in any fashion from the form represented in Exhibit A. Should Operator wish to operate its business at a date not authorized under this Agreement, Operator shall seek written approval from the City not less than thirty (30) days before the intended date of operation. It shall be the City’s sole decision whether to approve such a request and such approval maybe denied for any reason. 2. Termination. This Agreement may be terminated at any time by Operator who shall give prompt written notice to the City of its intent to terminate, or by the City upon its