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HomeMy WebLinkAbout5.408 Original Contract From: To: Date: Subject: Becky Upton MCONNELL 6/21/01 10 01am Upcoming Expirations Since the tOpiC IS so fresh, I went through my record Index to determine what contracts, agreements, etc , will be expiring In the near future Although I'm sure your department IS on top of these, I am providing the list only to serve as a reminder' City Clerk File 5 408 Skate Club of the Olympic Peninsula - land use agreement for skateboardlin - line skate facIlity In Lincoln Park This agreement expired In 1997, and when I followed up with John Hicks regarding a renewal, he Informed me that he was not sure we needed the agreement because of the Recreation Immunity Act John was to advise me as to the final outcome, but I never knew what was decided In addition, I am uncertain as to whether this group IS stili uSing the area It may be a moot pOlntl City Clerk File 5 561 Port Angeles Dive Club for use of William Shore Pool, expires 12/31/01 Becky S.<fD8 From: To: Date: Subject: Ralph G Dyker BUPTON 6/22/01 7 49am Upcoming Expirations - Reply Becky, Your right, It IS a moot pOint since the Skate Club does not use this facility any longer We have since cleaned it out and disposed of all the trash and junk they left behind Can't help you with the pool agreement Don't know anything about that Ralph 5(~D~ ", LAND USE AGREEMENT FOR SKATEBOARD/IN-LINE SKATE FACILITY IN LINCOLN PARK This Agreement is entered into this :).<\ t...... day of I\'V G'-l s r, 1996, between the City of Port Angeles, Parks and 'Recreation Department, hereina~ter referred to as "Parks", and Skate Club of the OlYmpic Peninsula, a non-profit corporation, hereinafter referred to as "SCOOP". Parks and SCOOP hereby agree to the use of the tennis courts located in Lincoln Park as a skateboard/in-line skate facility for a period of one (1) year, with an option to extend the agreement for additional one (1) year periods. Terms and conditions of said use to be as follows: Parks agrees: 1. To allow the designated tennis court area in Lincoln Park to be used by SCOOP for a one (1) -year period, from s~.~ , 1996, to S~ <==, , 1997, with an option for renewal for subsequent one (l)-year periods based upon approval of the Parks and Recreation Director, for use by members of the public for the purposes of out-door recreation without the charging of a fee of any kind therefor by Parks. 2. To continue to provide restrooms and trash removal services to the extent already provided. 3. To allow art work, provided SCOOP identifies the art work and that art work is approved by Parks. SCOOP agrees to - 1 - remove all art work that has not obtained prior Parks approval. 4. To establish a schedule agreed upon between Parks and SCOOP for the opening of the facility in the morning and the closing of the facility in the evening. 5. To evaluate SCOOP activity at Parks discretion and direct SCOOP to correct any conditions which may be unsatis- factory and in need of change or correction by SCOOP. 6. To require the area to be cleaned to the satisfaction of the Parks and Recreation Director or his designee. 7. To allow SCOOP freedom of design in the skate park facility upon the condition that said design complies with industry standards and is constructed by or under the supervision of skilled tradesmen. Parks will remove tennis nets and posts prior to use by SCOOP. 8. To allow SCOOP to terminate this agreement upon sixty days' written notice, without penalty, prior to the expiration of this agreement, and upon removal of the area constructed for skateboard/in-line skating use, insofar as is possible. 9. That at least three (3) months prior to the expiration of each one-year term of this agreement, Parks will, in conjunction with SCOOP, review this agreement for the purpose of extending this agreement for an optional one (I)-year extension period. - 2 - " SCOOP agrees: 1. That the design of the skateboard park will be to recognized industry standards and will provide documen- tation indicating such compliance prior to opening of the facility. 2. To provide Parks with a scale site map of the proposed layout of the skating area. 3. That all construction will be completed or supervised by qualified individuals. 4. To notify the City of Port Angeles Human Resources Director or City Attorney within 24 hours of any accident or injury. 5. To present for Parks approval a maintenance checklist for the sfate park. The skate park will be inspected, on a minimilim, every three days in accordance with the check- list, and checklist provided to Parks on a monthly basis. 6. To perform necessary maintenance of skating area and apparatus. 7. To provide Parks, prior to entering into use agreement, a copy of Articles of Incorporation and Bylaws. 8. To provide necessary cleanup and graffiti removal at least every three days. 9. To assure that helmets are worn in skating. 10. To assure that the following activities are prohibited: the use of alcohol, tobacco, drugs, glass containers, profanity, loud music, recklessness, skating against - 3 - ... -'! " " traffic, and use of bicycles on the skate surface. 11. To provide and post signs containing the following information: a. that the park is maintained and operated by SCOOP; b. the phone number for a SCOOP representative; c. an itemization of the park rules; and, d. notices at each entrance that participants skate at their own risk. Ter.mination for Cause: Should Parks determine that the terms and conditions of this Agreement are being breached, it may notify SCOOP that it shall cure the breach within seven (7) days or Parks may terminate said Agreement. This Agreement may be terminated by either signatory party by giving written notice of intent to terminate sixty (60) days prior to termination date. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed the day and year first hereinabove written. SKATE CLUB OF THE OLYMPIC PENINSULA CITY OF PORT ANGELES AP~e~J~::rm: SKATE A96 - 4 -