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HomeMy WebLinkAbout5.281 Original Contract 5. cQ'gl LAND USE AGREEMENT FOR BICYCLE MOTO-CROSS FACILITY IN LINCOLN PARK (WEST END) . LAURIDSEN BOULEVARD & L STREET PORT ANGELES, WASHINGTON This Agreement is entered into this 9th day of September 1991, between the City of Port Angeles Parks and Recreation Depart- ment, hereinafter referred to as "Parks", and the Port Angeles BMX Association, a non-profit association, hereinafter referred to as "BMX". City and BMX hereby agree to the use of the land at the west end of Lincoln Park as designated by the Parks Director as a BMX facility for a period of one (1) year, with yearly options to extend the agreement for each of the next five (5) years. Terms and conditions of said use to be as follows: Parks agrees: 1. To allow the area at the west end of Lincoln Park, bordered on two sides by Lauridsen Blvd and L Street to be used by BMX for a one (I)-year period, from August 16, 1991 to August 16, 1992 , with options for renewal for five successive one (1) -year periods, based upon approval by Parks. 2. To provide construction assistance at its discretion and to continue to provide maintenance, restrooms and trash removal services to the extent already provided. 3. To provide electricity and water to the track site. 4. To allow prescheduled BMX competitions and clinics to be held at the site during the contract period. 5. To evaluate BMX activity at Parks discretion and notify - 1 - /.. 1- BMX of any conditions which may be unsatisfactory and in need of change or correction by BMX. 6. To require the area to be cleaned to the satisfaction of the Parks Director, or his designee, following competi- tions and clinics. 7. To allow BMX freedom of design in the track competition area upon the condition that said design complies with standards of the American Bicycle Association and that the same is approved or certified by the ABA. 8. To allow construction of a combination registration booth/announcing tower and/or the use of portable facilities for such purposes. 9. To allow portable food and drink concession(s) to be brought on the site on competition days, and allow for the sale of food and non-alcoholic beverages at the site. Said vendor(s) to have state license and/or health certificates as required by local health board. 10. To allow sponsoring organizations and/or sponsoring businesses to erect and maintain signs in the BMX area. All such signs shall be subject to provisions of applicable city sign codes and subject to prior approval by the Parks Director, or his designee. 11. To allow BMX to terminate this agreement upon sixty days written notice, without penalty, prior to the expiration of this agreement, if the operation of the facility becomes cost prohibitive, and BMX agrees to removal of the area constructed for the bicycle competition and restoration, insofar as is possible. - 2 - .. 12. That at least three (3) months prior to the expiration of each (1) -year term of this agreement, Parks will, in conjunction with BMX, review this agreement for the purpose of extending this agreement for the optional one (1)-year extension period. BMX agrees: 1. To design and construct a BMX facility on the designated property to meet all requirements as set forth by the American Bicycle Association, the national sanctioning body. 2. To pay all expenses directly incurred by BMX in a timely manner so as to avoid the creation of any liens on or against the park property or Parks. 3. To maintain the facility in competitive condition during racing season and periodically inspect the facility during the off season, giving complete consideration to spectators and participants alike. 4. To clean the area, to the satisfaction of the Parks Director or his designee, of all refuse accumulated during any competitions within twenty-four (24) hours of said competition. 5. To monitor activities for the prohibition of alcoholic beverages and drugs in keeping with park rules and sanctioning body rules. 6. To employ the assistance of the American Bicycle Associa- tion in the design and construction of the BMX facility. 7. To provide proof of insurance acceptable to Parks. Failure to maintain acceptable insurance will result in - 3 - . .. the termination of this use agreement. 8. To maintain and protect a satisfactory relationship with the American Bicycle Association, the national sanction- ing body, thereby keeping the BMX insurance policy in place. 9. In the event that the facility becomes cost prohibitive, and the competition area is closed during the term of this agreement, the competition area will be flattened and returned to as close to original contour as possible. 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. PORT ANGELES BMX ASSOCIATION, a non-profit association CITY OF PORT ANGELES By ~~~~ Title -- V~I'bt.-....u-r- ~~r~a~d- ATTEST: &~~ UpO^- , - ,,\, ~ .J;, AP~ved as to form: hWJJ~ I ~j ~ f'H'-1 ~. '- " /J A91 BMX " - 4 -