PCMS Adopt an Alley Agreement & Details
1. Purpose
The purpose of this Agreement is to outline the terms under which the Adopter agrees to maintain a designated alley in Downtown Ponca City at no cost, in support of the district’s beautification and safety efforts.
2. Responsibilities of the Adopter
The Adopter agrees to (1x quarterly):
- Remove trash and debris regularly.
- Control weeds and overgrown vegetation.
- Report graffiti, illegal dumping, or hazards.
3. Term of Agreement
This Agreement shall begin upon submission, and continue for a period of one (1) year, unless terminated earlier in accordance with Section 6.
4. Ponca City Main Street Responsibilities
Ponca City Main Street agrees to:
- Provide reasonable safety vest, trash bags, and water as available.
- Offer guidance and coordination for any planned beautification efforts.
- Coordinate with the building owners of when cleaning is planned.
- Provide social media recognition.
- Adopter's organization name on signage for adopting the Alley
5. Indemnification
The Adopter will indemnify and hold harmless the City of Ponca City, Ponca City Main Street, its agents, officers and employees from and against any and all liabilities, losses, damages, costs and expenses (including attorney's fees, alternative dispute resolution expenses and other fees and expenses), causes of action, suits, claims, demands and judgments of any nature arising out of or in connection with any aspect of the Adopt an Alley Project, except to the extent directly caused by the gross negligence or willful misconduct of the City or its agents, officers or employees acting in their official capacity.
A. Definitions
1. Gross Negligence is defined as a reckless disregard and /or indifference and /or omission leading to a reasonably predicable adverse consequence as a result of the failure to use ordinary and reasonable care under the circumstances.
2.Willful Misconduct is the intentional, knowing, and/or acting with careless disregard resulting in damages to person and /or property.
6. Termination
This Agreement may be terminated by either party with written notice of 30 days. Upon termination, the Adopter shall cease maintenance activities.
If adopter does not complete their responbilites, PCMS has the right to terminate the Agreement.
7. Suggested items to bring
-Gloves
-Weed-eater (or other weed control equipment)
-Brooms & dust pans
-Safety glasses
8. Entire Agreement
This form contains the entire agreement between the parties and supersedes all prior discussions or understandings.