HomeMy WebLinkAboutTHE SPRING CREEK BMX RIDERS ASSOCICATION - CONTRACT - AGREEMENT MISC - BMX RIDERS ASSOCIATIONBMX TRACK USE AGREEMENT
This Agreement is made and entered into this � day of AA&&k� 2002, by and between THE
CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as
"City" and THE SPRING CREEK BMX RIDERS ASSOCIATION, hereinafter referred to as
"Spring Creek".
Whereas, the City is the owner of a bicycle motocross ("BMX") track located in Edora Park
(the "Track"); and
Whereas, the City has an interest in maintaining and improving the Track; and
Whereas, Spring Creek has an interest in maintaining, improving and operating the Track.
Now, therefore, in consideration of the mutual covenants and obligations expressed herein, the
parties agree as follows:
1. Contract. This Agreement shall be effective from the date of the Agreement as
entered above and until December 31 of the current year, unless sooner terminated as provided
herein. The Agreement may be extended by the City providing Operator with written notice of such
extension prior to the expiration of the existing term. Any extension shall not exceed one year in
length.
2. Track Maintenance. Spring Creek shall repair and maintain the Track in a clean,
safe, and attractive condition and in a manner that complies with applicable laws, rules, and
regulations. Spring Creek will remove all trash and debris left on or near the Track immediately
after the conclusion of any race, or any other event held at the track. Spring Creek shall ensure that
the Track is free of any unsafe or dangerous conditions and shall minimize the presence of any ruts,
rocks, loose dirt, potholes, or similar conditions on the Track. Spring Creek shall repair and
maintain the Track to the satisfaction of the City. In the event the City is dissatisfied with Spring
Creek's maintenance of the Track, the City may terminate this Agreement.
3. Building Maintenance and Track Upgrades. Spring Creek shall maintain the
existing buildings at the Track in a safe, clean and attractive condition. The buildings, including
their color, shall not be changed or altered without the written consent of the City. Upon the
termination of this Agreement, the buildings at the Track shall become the property of the City or
Spring Creek shall remove the building from the Track and restore the Track to its original
condition, at Spring Creek's sole cost and expense, if requested by the City.
The City may supply dirt to the Track on an occasional, "as available" basis. Spring Creek shall
distribute and shape the dirt supplied by the City on the Track in a manner that enhances the safety
and utility of the Track and in a manner approved by the City. Spring Creek shall not make any
changes to the course layout or the shape of the course without the City's prior consent.
4. Spring Creek Use of Track. As compensation for Spring Creek's maintenance work
on the Track, Spring Creek shall be permitted to use the Track for its own BMX practices and races
at the Track during the months of May through September, on a schedule pre -approved by the City
("Approved Use"). Spring Creek shall provide to the City a schedule of dates upon which it seeks
to use the Track no later than January 2 of any year, and shall obtain City approval thereof prior to
publishing or advertising said schedule to the public. Approved Use of the Track shall be subject to
a maximum of 150 riders. Spring Creek shall not be allowed to conduct National BMX races or
events at the Track.
Spring Creek shall be required to perform no less than one hour of maintenance work on the Track
for each hour of Approved Use. Additional use of the Track beyond the Approved Use, including
hosting events for other than Spring Creek's local league, chapter or organization, such as regional
or state events, may be arranged by Spring Creek on the same basis as the Track is available to
others. At the time of this Agreement, the City imposes a Track rental charge of Twenty-five
Dollars ($25.00) per hour. The City retains the right to increase or decrease the rental charge in the
City's sole discretion. Other than Approved Use of the Track in accordance with this Paragraph 4,
Spring Creek shall not be entitled to any compensation for work performed pursuant to this
Agreement.
Spring Creek acknowledges that at any times other than the times for which the City has authorized
the Approved Use of the Track by Spring Creek, the City in its sole discretion may allow other
interested persons or organizations to schedule BMX races and events or other activities at the
Track, may allow the general public to make use of the Track on such terms and conditions as the
City determines shall apply, or may close the Track to any or all use.
5. Conduct of Spring Creek Activities. Spring Creek shall not charge an admission or
any other fee to persons wishing to observe any activities it conducts at the Track. However, Spring
Creek may charge BMX race participants a reasonable fee for participating in events Spring Creek
conducts during Approved Use of the Track.
Spring Creek shall provide at its sole expense at least two Port -a -Johns for all races it conducts.
Spring Creek may not post any advertising or any other promotional material on or near the Track
except during races it conducts, and may not at any time remove any materials that have been
posted with the permission of the City_ Any advertising or other promotional materials posted by
Spring Creek must be removed immediately after the conclusion of the race.
Spring Creek shall manage and conduct all activities during its Approved Use of the Track in a fair,
professional, and competent manner and to the satisfaction of the City.
6. Utilities. The City shall supply to the Track water and electricity at the City's
expense from April 15 through September 15 of any year, provided that Spring Creek may use only
such quantities of water and electricity as are reasonably necessary for the performance of its duties
hereunder, or for the normal conduct of races it conducts with the City's approval. The City shall
also remove trash and debris from the City's supplied trash containers in the area of the Track on an
as needed basis.
7. No Liens. Spring Creek agrees to pay or cause to be paid promptly all bills and
charges for material, labor or otherwise in connection with or arising out of any work undertaken at
the Track on behalf of Spring Creek; and agrees to hold the City free and harmless against all liens
and claims of liens for such labor and materials, or either of them, filed against the Track or any part
thereof and from and against any expense and liability in connection therewith, and to discharge
(either by payment or by filing the necessary bond or otherwise) any mechanic's, materialman's or
other liens against the Track arising out of any payment due or alleged to be due for any work,
labor, services, materials or supplies claimed to have been furnished at Spring Creek's request in,
on or about the Track, and to indemnify the City against any lien or claim of lien attached to or
upon the Track or any part thereof by reason of any act or omission on Spring Creek's part.
8. Insurance. Spring Creek shall maintain at all times during the term of this agreement
a "commercial general liability" insurance policy with a Combined Single Limit of $1,000,000.00
covering its activities hereunder, which policy shall name the City as an additional insured. Spring
Creek shall also maintain at all times during the term of this agreement a "commercial vehicle
liability" insurance policy with a Combined Single Limit of $500,000.00 covering any vehicles used
in the provision of services under this Agreement. A certificate of insurance for each of these
policies shall be submitted to the City, at the time of signing of this agreement.
9. Termination. Either party may terminate this agreement, at its option, by providing
the other party with at least three days advance written notice of such termination. The City may
terminate this agreement without prior notice at any time in order to protect public health, safety or
welfare, or City property.
The City's obligations under this Agreement are contingent on the appropriation by the City
Council of funds sufficient and intended for performance of such obligations. In the event such
funds are not appropriated, this Agreement will automatically terminate and be of no further force
and effect.
10. Assignment. Spring Creek shall not assign this Agreement or any part thereof
without the prior written consent of the City.
11. General Conditions. It is further agreed between the parties as follows:
A. That in entering into this agreement, Spring Creek and/or its employees, agents
or representatives acquire no status, rights or benefits of an employee of the City, it being
expressly understood and agreed that Spring Creek shall perform all undertakings and
professional services herein prescribed and contemplated as an independent contractor.
B. That this agreement may not be enlarged, modified, or altered, except in writing,
signed by the parties as an amendment hereto.
C. That no waiver of any breach of this agreement shall be held or construed to be a
waiver of any subsequent breach thereof.
D. This agreement shall be governed in all respects by the laws of the State of
Colorado.
E. Each and every term and condition in this agreement shall be deemed to be a
material element of this agreement.
12. Indemnification. Any liability incurred by Spring Creek in connection with this
agreement, its performance hereunder, or the use of the Track, shall be solely the liability of Spring
Creek, and the City shall incur no liability by reasons thereof. Spring Creek agrees to indemnify the
City, its officers, agents, representatives, successors and assigns and hold them harmless against any
and all liability or claim of liability arising from any negligent act or omission of Spring Creek, its
employees, officers, agents or representatives, or any failure by the same to comply with and
properly carry out the provisions of this agreement.
13. Default. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof. In such event, the party
declaring the default may elect to: (a) terminate the agreement and seek damages; or (b) avail itself
of any other remedy at law or equity. In the event of default of any of the terms and conditions
herein, by either party, which shall cause the parry not in default to commence legal or equitable
actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party
for the non -defaulting party's reasonable attorneys fees and costs incurred because of the default.
IN WITNESS WHEREOF, this agreement is signed as of the dates set forth below, and
effective upon last signing.
CITY OF FORT COLLINS, COLORADO
gD
'al corporation
Date: By:
O'Neiof Purchasing and Risk Management
�p Approved as to Form:
By: Ll `VBy:
Clerk Assistant City Attorney
ASSOCIATION
Date:
Attest: ,
M
•Ua/ln/UZ lU:UZ CAA Z1H U72863b AREHMAN 5FLUTAL1Y 1116.
Data issued: 1O May-02 CERTIFICATE OF INSURANCE
70�
CITY OF FT. COWNS
RISK MGMT DEPT
P O BOX 580
FORT COLLINS, CO 80522
Insurance Services, Inc.
142 Nadi Main Street
Roanoke, Indiana 48783
American Bicycle Association
1645 W. Sunrise Blvd
Gilbert AZ 85233
This certificate is issued as a matter of Information only and confers no rights SPRING CREEK BMX #1352
upon Ote certificateholder. This oeMcate does not amend, extend, a alter 1514 Luca CL
the coverage afforded by the Policy below. I FL Collins, CO 80528
101
COVERAGES — THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH ED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
DESCRIBED HEREIRESPECT UBJECTT To ALL THE TERMS, EXCLIUSIONS ANAY BEUCONDITIONS D OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BE NS
REDUCED BY PAID CLAIMS.
United States Fidelity and Guaranty Company GL Policy Number D064LOOZ78
EffeWve:01-FEB-0212:01 AM Explres:01.FEB-0312.01 AM
United States Fidelity and Guaranty Company XS Policy Number D064YO0139
Effective.01-FEB-0212:01 AM Explms:01-FEB-03 12:01 AM
Each Occurrence Limit
1,000,000
General Aggregate Limit
1,000,000
Products - Completed Operations Aggregate Limit
1,0D0,000
Damage to Premises Rented to You (Arty One
50,000
Premise)
Personal and Advertising Injury Limit
1,0D0,000
Medical Erghense Limit (Any One Person)
Excluded
General Aggregate Linut
10.000,000
Each Occurrence limit 10,000,000
ADDITIONAL INFORMATION f RESTRICTIONS f SPECIAL ITEMS
• The CerOBcateholder shall be an Additional insured, but only WIM respect to the operations of the Named Insured and subject to the pr0VW0ns and
limitations of endorsement CG 2012 07 98 Additional Insured - State or Political Subdiv)slOnS - Permits, but only with resphx2 D losses resulting from ABA -
sanctioned contpemonstpractioes and other opelallons concluded by ABA track operators on behalf of One ABA from AWN 23 2002 through January 31 2003.
CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
Forth No. ABAA 000003
Certificate No. 1000182334
ow, • Q 7
David Harris
Authorized Representative