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Home My WebLink AboutSPRING CREEK BMX RIDERS - CONTRACT - AGREEMENT MISC - BMX RIDERS ASSOCIATIONBMX TRACK USE AGREEMENT This Agreement is made and entered into this j j_ day of AirDL— , 2003, 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 April through November, 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. 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. When state or Regional events are scheduled Spring Creek will: � • - - o s or ra c.""s. • Contact the Parks Department and Utility Notification Center of Colorado at least two (2) working days for utility line locations prior to digging or moving dirt with any type of equipment at the site. • Be responsible for the protection of all infrastructure, including but not limited to, irrigation valves, boxes, lines, control wires and heads, parking lots, roadways, sidewalks, park facilities, etc. • Trees must be protected and no dirt shall be placed or stored within the drip line of any tree. Spring Creek may not post any advertising 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 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 Spring Creek'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 thirty (30) 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 party 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 a municipal corporation Date: By:*orchoasing am'Neill II, CPPO Dirand Risk Management Atte By: City Clerk Date: P L 2 0 Attest: Title Lm Rick Approved a to Form: By: Assi tant ity Ati6rney ASSOCIATION -Fpr 24 03 12:13p recreation 9702216848 p.2 APR-24-2003 11-54 P.02i02 _AltdVAk %;trc I itIc:q t OF LIABILITY INSURANCE AmzRIw- C°`01 31/ 3" PRODUCER THIS C6KI WICAT6 Is 193UED A$ A MATTBN OF INFORMATION ONLY Wick PlIchar Ineutaolnoc, Inc. AND CE RS �TE MDOES NO THE ND OR 2201 E . CAmelback Rd Ste. 220A ALTER THE COVNRAW AFPOROHD BY THE POAMMLICIES BELOW. Fenix A1G 95016 ons.602-279-5800 Fax:602-279-5099 MU" AFFORDWGCOVERAGE NAICa Dkwfgw Clarandou America ILTs- Co. 0132 mamas: 8i. Paul Fire 6 Marina nAss American zi le Association P.O. Vox 71 Chandler Az 85244 THE ►OUCIE30F INSURANCE LISTED RELOW MUS WN WbEO TO THE WSUMD NAMED ABOVE FOR THE POLICY PENIOD INDICATE), NOTMTHEYANOINO ANY REOUIREIdENT, TERN OR CONDITKkI OF ANY CONTRACT OA O7NER DOCUMENT 1ry1rN gEBpECTTD WHICH THIS CERTIFICATE MAY K ISSUED OR AIAT PERTAUy HIE KLaIRANCF AFFORDED SYTNE POLICIES DeSCRISED HEREIN IS Su ukCT TO ALL THE TERNS. EXCLUSIONS AND CONOMon OF SUCH rOUCICO. AOC QATE LIMITS SHOWN MAT IMVE 8EEH RE0v...*9 DT PAID CLAWS. MR LTR rvV9 OF INSURANCE POLICY N~.R DA A X NENERALLUB�cm X COMMEw994L ORN bv%u LAII&O CLAIMS NNOE OCCUR ECP000305-00 02/01/03 02/01/04 LWR EACHOCDORRONCe 161 000 000 PHEMaE3 EP i50 000 MED Few IAM &w P"Mv s =CLUDED X I PERSONAL AADVNAMY i1 000 000 CINEAALAOOWG..^W $2 000,000 AGIKOATE LIMIT APPLIES PCIL ►DUCT w—t X Lot PTNNIVCrs - coww aw 61,000,000 AUTOISQPILE LMINLTIy e X ANYAur0 HA 01298182 02/01/03 02/01/04 f" wcw" LMMT 61,000,000 ALL OWNED AUTOS 4CNCOLAED AUTOS KLSTL+��I iC HIRED AUTOS X hON OWNED AVTOf (EP-bachdam A X X Ondrinsured_ Matr Onlnard motor Irk«�io 140) AMAGF "RAW LIANUTT ANY AUTO AUTO ONLY• rA ACCIDENT f OTTER THM EAACC AUTO edjv, AGO s s R EKCl6NUMME4.L1A LIABILRY �OL'LL" l CLANS MAW V EEX 000026-00 02/01/03 02/01/04 EACH OCCURRENCE d 4 000 OOO AOGRrGATE IS4,000,000 OEDUCTiBLE RETENTIOR i10000 5 i IVORKERS OONPCNAATI0N AND CM1M,QV [RS' UAIWU ' TOR Mli A b L. "CH ACCDENT f AHv TORRARTIIEFJEI(ECUTNE TIcpIC VEER I LUV; E.L 016CAR - EA EMPLOYE f yyrsA. BPECYI FNKIUmlOHS pLN� E.L. hkIX, E-PDLKn LhTR f Thew -- DFeLti+PTION OPEPATIpNA,L,oCA 7VEMICLt6�eKCavagR6 waorn ar eNrALTIi1SCwL PROVIeIOne CITY OF ►T. COLLINS, CER7YFiCAT$ HOLDER, OFFICERS 6 IMPLOYEES, TRACK OWNERS, OPERATORS, SPONSORS, PARTICTPANTs, 6 LANAIS ARE ,ADDITIONAL INSORED AS THEIR INTEREST MAY APPlAR FOR OPERATTOMS ARISING OUT OS SANCTIONED AMA RACING EVENTS AND/OR TRACKS. CERTIFICATE mm nr-D _ --- - - -- CANCELLATION ( 00000-1 SHOULD MY OF THE AOOVa DNOLRMEO POLICIES K CANCELLED BEFORE THE ESPINATIO 1 _ DATE HI¢adg1.'11E IyUWONIBOHgp rVLLL ENOEAVgL TO NAIL 30 DAYS WwJrMw PickY SPRING CREEK 8M7[ 1352 ka NOTICE TO THE CFRTIMG ft HOLDER HArEO TO THE LEFT. RUT PAILUN! TO DO EO BHwLL i514 Luce ie=CourC IMP03E NO ORLKiAT81N 08 k" RWO UPON T1411 WIMIRER. ITS AFtMTS ON 5i4 f E"C. Collins cc 80526 RpnleaarrATTres. iT TOTAL P.02