HomeMy WebLinkAbout000556 Original ContractLAND USE AGREEMENT
FOR BICYCLE MOTO -CROSS FACILITY
IN
LINCOLN PARK (WEST END)
LAURIDSEN BOULEVARD L STREET
PORT ANGELES, WASHINGTON
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'City of Port Angeles
Record #000556
This Agreement is entered into this day of March, 2013, between the City of Port
Angeles, hereinafter referred to as "City and the Port Angeles BMX Track, a non profit association,
hereinafter referred to as "BMX". The Contract Administrator for the City will be the Parks and
Recreation Director, hereinafter referred to as "Manager."
City and BMX hereby agree to the use of the land at the west end of Lincoln Park as
designated by the Manager 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:
Parks and 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
March 5, 2013, to March 5 2016, with an option for renewal for an additional three
(3) year period based upon approval by the Manager.
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 City's discretion and direct BMX to correct 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 Manager, 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 USA BMX Association and that the
same is approved or certified by the USA BMX.
8. To allow construction of a combination registration booth/announcing tower and /or
the use of portable facilities for such purposes as approved by City.
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, non alcoholic beverages, and
BMX related merchandise 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 Manager, or his
designee to ensure compliance with the City sign code.
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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 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,
City 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 maintain and improve a BMX facility on the designated property to meet all
requirements as set forth by the USA BMX Association, the national sanctioning
body.
2. To pay all expenses directly incurred by BMX in a timely manner.
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 Manager or his designee, of all refuse
accumulated during any competitions within twenty -four (24) hours of the
completion of said competition.
5. 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 USA BMX Association in the design and
construction of the BMX facility.
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7. To maintain a perimeter fence satisfactory to Manager 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 (XCU) if applicable; and employer's liability if and when an employee
is hired by the Port Angeles BMX Track. 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 prirnary 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 USA BMX Association,
the national sanctioning body, thereby keeping the BMX insurance policy in place.
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11. 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 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 TRACK,
a non profit association
»PR/I �JS15
Dan McKeen
Title: (vV..- City Manager
v
G \LEGAL\a AGREEMENTS &CONTRACTS\ 2013 Agrmt &Contracts\BMX Contract 02 06 13 wpd
CITY OF PORT ANGELES
Attest:
mudaic)takg.,
ssa Hurd, City Clerk
Approved as to form:
V�illia rBloor, City Attorney