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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
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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.
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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
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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 ~~~~
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AP~ved as to form:
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