HomeMy WebLinkAbout5.281 Original Contract
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CITY OF PORT ANGELES
PARKS & RECREATION DEPARTMENT
308 East 4th Street/P.O. Box 1150
Port Angeles, Wa 98362
Phone: 457-0411, Ext #227/244
5.~gl
PERMIT
SPECIAL EVENT PARK USE
Reference: Port Angeles Municipal Code 12.04.040, as follows:
"Permits for special events in a recreation and park facility or for the use of specific areas in such a facility
by individuals or groups may be issued by the Director upon written application. Any individual or group receiving
the permit shall be subject to all applicable park regulations and city ordinances in the use of city facilities. The
director, or his representative, shall revoke any permit where a city ordinance is being violated or use is not in
accordance with that for which the permit was granted. "
Application Date:
Organization (profit/non-profit) Port Angeles Bi cyc 1 e Mota Cross Assoc i at ion (BMX)
Contact Person: Glenn Miller
Address: 1106 West 11th Phone:(w) 452-6891 (h) 452- 9
Title, Purpose & Description of Event/Project:
Port An eles Mota Cross (BMX Association pro oses to operate a bicycle mota cross
race track, located at Lincoln Park in an area West of the campgrounds.
Races and practice days shall follow all American Bicycle Association(ABA)
rules & re u tions.
Date(s) Apn
Additional documentation required:
G Use Agreement
o Hold Harmless Agreement
o Proof of Insurance
o Damage Deposit
o Other:
Use authorized if;?
BY:
Date:
Comments:
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 1st day of April, 1994,
between the, City of Port Angeles, Parks and Recreation Department,
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 and Recreation
Director as a BMX facility for a period of one (1) year, with
yearly options to extend the agreement for each of the next two
(2) 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 April 1,
1994, to March 31, 1995, with options for renewal for two
successive one (I)-year periods, based upon approval by
the Parks and Recreation Director.
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
- 1 -
held at the site during the contract period.
5. To evaluate BMX activity at Parks 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 Parks and Recreation 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, approved by Parks.
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 on less than $1,000,000
combined single limit per occurrence and $1,000,000
aggregate. The city shall be named as an additional
insured on the insurance pol icy, and a copy of the
endorsement naming the City as additionally insured shall
be attached to the certificate of Insurance.
10. To allow sponsoring organizations and/or sponsoring
- 2 -
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 and Recreation 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 be-
comes cost prohibitive, and BMX agrees to removal of the
area constructed for the bicycle competition and restora-
tion to the original contour, insofar as is possible.
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
(I)-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 and
- 3 -
Recreation Director 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 American Bicycle Associa-
tion in the design and construction of the BMX facility.
7. To construct and maintain a perimeter fence satisfactory
to Parks 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 oBMX
,
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 $1,000,000 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 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. BMX's insurance shall contain
- 4 -
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 sanction-
ing body, thereby keeping the BMX insurance policy in
place.
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 Agree-
ment to be executed the day and year first hereinabove written.
PORT ANGELES BMX ASSOCIATION,
a non-profit association
CITY OF PORT ANGEL
By GL~
Title ~~\~~
and
ATTEST:
Approved as to form:
A91.BMX
- 5 -
0'< VORT,q....
a~~~~~<(~
~~ CITY OF PORT ANGELES PARKS & RECREATION DEPARTMENT
...... ---~
; ~ ~ HOLD HARMLESS AGREEMENT
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oS' ~ ~"
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ORGANIZATION:
Bicycle Mota Cross Association
EVENT:
Mota Cross events throughout the year
CONTACT PERSON: Glenn Mi ller
1006 West 11th
PHONE (W): 452-6891 (H):452-2479
ADDRESS:
In consideration of the use of the following described premises, of the City of Port Angeles
Lincoln Park Mota Cross Track
on
from 4/1/94
to
3/31/95
the undersigned on behalf of himself, his principal, and his agents, hereby agrees to defend and hold the City
of Port Angeles and its officials, employees and agents, harmless against any claims and/or lawsuits for
personal injury and/or property damage arising out of, or in any way connected with, the use of the above-
described premises, except for injuries or damages caused by the sole negligence of the City.
DATED this
(#1If.
day of ~
. 19 f~
By
GL~~
o PLEASE COMPLETE:
EXPECTED ATTENDANCE: l~tJ...f
PROCEEDS RECIPIENT: /'17- I3N)/... ~
,---
.,Ae:~,ItID.
CERTlflCA TE
OF
ISSUE DATE (t,/lt..1dhJ ! 1/
, 1131-JAN-1994
21152 THIS CERTIFICATE IS ISSUED AS A MAHER OF 'I1'IFORMA TlON ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE ~LDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COV.liRAGE AFFORDED BY THE
POLICIES BELOW.
INSURANCE
PRODUCER
Willis Corroon Corporation
7310 North 16th Street
Suite 300
of Arizona
Phoenix
(602) 870-7000
AZ 85020-5299
COMPANIES AFFORDING COVERAGE
INSURED--- ----------- -----
COM'ANY A Planet Ins. CO.
LETTER
--
COt.f'ANY B
LETTER
---- -----
COI.PANY C
LETTER
Contact: Sandy Payne, CISR
American Bicycle Assn. Track Owners & landowners
P.O. Box 718
Chandler AZ 85224
COM'ANY 0
LEflER
COM'ANY E
LEflER
COV~fM,aes
, ,
THIS IS TO CERTI!=Y na.T THE POLIC'ES OF !"'~UP",\~I~E L!~TEC' BELOW ~ !.A \IE BEE!'! !~SUE::- TO THE !"'SUllED N/\MED ABC"/E FC'R THE POLley PEPIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICA TE MAYBE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LTlI
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (~/DO/YY) DATE (~/DO/YY)
LIMITS
GENERAL LlABLITY
-
X COMMERCIAL GENERAL LIABILITY
I CLAIMS MAOE ~ OCCUR.
A _ OWNER'S to CONTRACTOR'S PROTo NGBO 113655
-
GENERAL AGGREGATE __ ~~,900~Qqo_
PROOUCTS-COMP/OP AGG. $ 1 OOOJ!QQ__
PERSONAL to AOV. INJURY $ 1 OOO,OO(L
02-FEB-1994 02-FEB-1995 EACH OCCURRENCE $ 1,OO~&Q.Q_
FIRE DAMAGE (Anv one fire) $ 50,OO~'-
MEO. EXPENSE (Anyone person $ 5 000
>i:
f
AUTOMOBLE LIABa.1TY
-
ANY AUTO
--
_ All OWNED AUTOS
_ SCHEOULEO AUTOS
__ HI REO AUTOS
NON-OWNED AUTOS
-
_ GARAGE LIABILITY
COMBINEO SINGLE $
LIMIT
BODilY INJURY $
(Per person)
BOOllY INJURY $
(Per eccldent)
-
PROPERTY OAMAGE $
EACH OCCURRENCE $
AGGREGATE $
EXCESS LlAILITY
R UMBREllA FORM
OTHER THAN UMBRellA FORM
WORKER" COMPENSATION
AND
EMPLOYERS'LIABLITY
I
!
I
~~
k- __STATU!.O~~!~________.
1~~~~-~~~;~lr~;-l;MIT - ---j-:--- - ~--- -
DISEASE-EACH EMPLOYEE I s
OTHER
DESCRIPTION OF OPERATIONSIL.OCATIONSIVEHICLESISPECIAL ITEMS
THIS CERTIFICATE MAY BE RELIED UPON ONLY IF THE DESCRIPTION OF
OPERATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACHED HERETO.
CERTIFICA TE HOLDER
: CANCELLATION 10 days fot non-payment
'. .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
:." MAIL _~ DA YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
~:.'L1ABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
Port Angeles BMX Track #1251'{
Glen & Debra Miller
PO Box 2883
Port Angeles WA 98362
ACORD 25.5 (7(90)
~. 'U'HO'~<:I~ .
V
.
P~~i:ORD.CORPORATION. '99.
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.
.w C~~~~~N ~f~;~~~Si~olfRA~~S )N5URANCE PAGE lOF. 1 Ilslu;~A~E;A~/~U/I~I;94
;>RobuCEA 211 5 2 THIS CERTIFICATE IS ISSUED AS A MAHER OF ~NFORMA TION ONLY AND
Willis Corroon Corporation of Arizona CONFERS NO RIGHTS UPON THE CERTIFICAT~ HOLDER. THIS CERTIFICATE
7310 North 16th Street DOES NOT AMEND, EXTEND OR AL TER TH~ COV~RAGE AFFORDED BY THE
POLICIES BELOW.
Suite 300
Phoenix
(6021 870-7000
AZ 85020-5299
COMPANIES AFFORDING COVERAGE
--
COMPANY
LETTER
A Planet Ins. Co.
Contact : Sandy Payne, CISR
iNi{iRED
COMPANY B
LETTER
American Bicycle Assn. Track Owners & landowners
P.O. Box 718
Chandler AZ 85224
COMPANY C
LETTER
COI.f>ANY D
LETTER
COI.f>ANY E
LETTER
.. .. " ...', . ,... -' . . . ~ . .
THIS DESCRIPTlON OF C?::~:.:!et:;3 A TT.'\C;'!:-:'::;:~:-: i.~A. ': ~== ~~L.lEC :.J::'CN ONt Y :F THE CE:lT!F:CA TE
REFERRED TO HEREIN IS A TT ACHED HERETO.
--
Certificate HolOer : Port Angeles BMX Track #1251
TRACK OPERATORS, LANDLORDS & PARTICIPANTS ARE INCLUDED AS ADDITIONAL
INSUREDS ALONG WITH THE CERTIFICATE HOLDER FOR ALL OPERATIONS ARISING
F~OM A SANCTIONED ABA/BMX RACE AND TRACK.
Also nameO as AOOitional InsureO is City of Port Anoeles, its employees,
officers, officials ana volunteer's.
REVISED
"
,
"
WILLIS CORROON 25SA 1 (6/$'1')
..... .. ..
.. .....
, "~t,"::"~,:,y:@ "WIl.LlS CORROON '1991'
.' .
r lH I' ere: ":'1.4 1':: OE: llILLI'=:,
1=1=IF'F'I='[1I1
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<",=,,'
POLICY NUMflfR' NCBOI0692~
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
CG 20 11 1185
ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES
CL 241
(t 1.85}
This endorsement modifies insurance provided under the fOllowing.
COMMERCIAL GENeRAL LIAS/LIT'( COVERAGE PART
SCHEDULE
1. o..~i~n<ltlon of PremIses (Part Leased to You). AS REQDIRED BY CONTRACT ANJ) P:VIDmclW BY
CERTIFICATE OF TWSUIUNCE ON FILE WIT!l THE COMPANY.
2. Nama of Person Or OrganIzation (Add.tlonallnsurf:d)' AS !lEQUIlUID BY CONTRACT AtW EVIDERCIID
BY CERTU'TCATE OF I1fSURARCE ON FILE WITH THE: COKPANY ~
3. Additional Prllmlum:
(If no p.ntry appears above. the information required to C(JIrlpl@!:e this endorsement will be shown in the Oecla(allOn~ tlS
3ppliC<lble to this endorsemPII( )
WHO IS AN INSURED (Section II) IS amenllel1la Im:lu(jpas an Insured the person or or~<lnjzation shown in the S(.h~dllle
but onlv Wltl1 ft:l!lJ.lec:t trlliatlll.ty aTlslng out of the ownership, mamtenanc.O! {If 1J~f:' of that part Of the premises leased to
you and shown In the SChedule and subject tll thi!! follOWing additiona, exclUSions;
ThiS insurance does riot apply to'
1. AllY "occurrence" whiCh take~ pl<lce after YOu cease to i.J~ a t@n~nr In that premises,
2, Structural alterot,ons, new constructlOrJ [l[ d~mollt'on operatlon5 performed by or on behalf u' the person or
OIganlzdlHll1 ~~It\wn in tne SCheClvle.
....-,.......
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