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HomeMy WebLinkAbout5.281 Original Contract 5.~gJ 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 30th day of May, 2008, between the City of Port Angeles, Recreation Division, hereinafter referred to as "Recreation", and the Port Angeles BMX Association, a non-profit association, hereinafter referred to as "BMX". As used in this Agreement the term '"Director" means the Director of Public Works and Utilities. City and BMX hereby agree to the use of the land at the west end of Lincoln Park as designated by the Director as a BMX facility for a period of three (3) years, with an option to extend the agreement for the next three (3) years. Terms and conditions of said use to be as follows: Recreation 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 three (3)-year period, from May 30th, 2008, to May 30th, 2011, with an option for renewal for an additional - - three (3)-year period based upon approval by the Director. 2. To continue to provide maintenance, restrooms and trash removal services to the extent already provided. 3. To provide access to 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 Recreation's discretion and direct BMX to correct any -1- .' 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 ofthe Director, or his designee, following competitions 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 as approved by Recreation. 9. To allow portable, self-contained 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. Said vendor(s) shall also provide proof of Commercial General Liability insurance written on a per occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as additionally insured shall be attached to the Certificate of Insurance, which shall be supplied to the City. 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 Director, or his designee. 11. To allow BMX to terminate this agreement upon sixty days written notice, without -2- ./ 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 to the original contour, insofar as is possible. 12. That at least three (3) months prior to the expiration of each term of this agreement, Recreation will, in conjunction with BMX, review this agreement for the purpose of extending this agreement for the optional three (3)-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 the City. 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 Director or his designee, of all refuse accumulated during any competitions within twenty-four (24) hours of the completion of said competition. S. To monitor activities for the prohibition of alcoholic beverages and drugs in keeping with park rules and the sanctioning body rules. 6. To employ the assistance of the American Bicycle Association in the design and construction of the BMX facility. -3- /' 7. To construct and maintain a perimeter fence satisfactory to Recreation and to assure the security of the facility to prevent unauthorized entry. 8. To indemnify, defend, and hold the City harmless from all claims, loss, injury, and damage arising from the BMX facility except for the sole negligence of the City. 9. To provide Commercial General Liability insurance written on an occurrence basis with limits not less than $1,000,000 combined single limit per occurrence, per location and $2,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCD) if applicable; and employer's liability if and when an employee is hired by the Port Angeles BMX Association. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, a copy of which shall be supplied to the City. BMX's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. BMX's insurance shall be primary insurance as respect the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. Failure to maintain acceptable insurance will result in the termination of this use agreement. 10. To maintain and protect a satisfactory relationship with the American Bicycle Association, the national sanctioning body, thereby keeping the BMX insurance policy in place. -4- ,;-. 11. In the event that the facility becomes cost prohibitive, and the competition area is closed during the term ofthis agreement, the competition area will be 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 Agreement to be executed the day and year first hereinabove written. PORT ANGELES BMX ASSOCIATION, a non-profit association CITY OF PORT ANGELES By (1//,/L ~~ 12~~ ' Glenn A. Cutler Director of Public Works and Utilities Title: '-;'uClC U;i(..C--T6( Attest: &~ JAptnA. Becky J. Up , Cl Clerk Ap'foved as to form: ~ 1t(~ ~ . William E. Bloor, City Attorney G ILegal_ BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslBMX 2008 Contract wpd May 12, 2008 -5-