6.2. SR 10-18-1999
rei ----'\)
( );
tli<
Item # 6.1...
River
TO:
MEMORANDUM
FROM:
Mayor & City Council
Michele MCPherso~ector of Planning
DATE:
October 13, 1999
SUBJECT:
Approve BMX Lease Agreement
Request
BMX of Elk River requests approval of a lease agreement for a portion of ERYAC
facilities for a BMX facility.
Location
ERY AC facilities adjacent to 165th Avenue
.
Zoninq/Land Use
R1a (Single Family Residential)/LR (Low Density Residential)
Attachments
. Location Map
. Parking Concept
. BMX Layout
. June 9, 1999 Park and Recreation Commission Minutes
. September 8, 1999 Park and Recreation Commission Minutes
. Lease Agreement
Overview
A local group headed by Margo Foster has requested use of the ERY AC facility for a
BMX track. The track would be similar in nature to the one in St. Michael Minnesota
with jumps, a racecourse, and other activities. They propose to lease a portion of the
ERYAC facility for five years at $1.00 per year.
.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council/BMX Lease
October 18, 1999
Page 2
.
Park and Recreation Commission Review and Recommendation
At its June 9, 1999 meeting, the Commission reviewed the proposal and voted to
recommend approval of the use of the ERY AC facilities. They also voted to authorize
expenditures up to $2,000 for water and electric hookups.
On September 8, 1999, the Commission reviewed a conceptual site plans developed by
staff for the arrangement of the BMX facility with parking and future recreation fields.
Two concepts were reviewed and the Commission selected the attached arrangement
as the most desirable. The arrangement allows for the BMX facility, parking, and three
additional soccer/football fields if necessary. While the BMXers would like to construct
their own parking facility, the consensus of the Commission was that they could use the
existing parking area at the ERY AC facility. This recommendation by the Commission
is not agreeable to the BMXers.
Lease Details
Based on the St. Michael lease agreement, staff drafted the attached lease agreement
for the use of ERY AC by BMX. Attorneys for both the City and the BMX group have
reviewed the document. Details of the lease include:
. 1.
2.
3.
4.
5.
6.
The lease is for five years.
The rent is $1.00.
BMX is required to obtain liability insurance with the City as an additional
insured in the amount of $600,000 per occurrence.
BMX is responsible for improvements for the bicycle track.
Establishes hours of operation as 8:00 a.m. to 9:00 p.m. or dusk, whichever
is earlier.
Either party may terminate the lease with a 30 day written notice. BMX will
have 60 days to restore the site to its original condition after notice of
termination.
The lease also prohibits for-profit commercial operations at the site with the exception
for the sale of refreshments. BMX has requested that vendors selling bike parts be
permitted for sales during races. This would allow the quick repair of broken bikes,
allowing the racers to continue to participate. If the sales were limited to race events
and vendors were required to obtain proper transient merchant licenses, this would be
an acceptable addition to the lease.
Recommendation
Staff requests that the City Council provide direction regarding the inclusion of the
following items in the lease agreement:
.
.
.
.
Memo to the City Council/BMX Lease
October 18, 1999
Page 3
1.
Permission for for-profit commercial operations. These would be limited to
vendors selling bike parts during events only with the proper City license.
Permission for the BMXers to construct an additional parking area adjacent to
165th Avenue.
2.
Staff recommends that the City Council approve the lease agreement with BMX for a
five-year period for the ERY AC facility with either or none of the desired amendments
from above.
1t2 - -I
+
+~+~
+
~:
I
I
I
I
~
RIa
I
~I ~I
t 3
I ~}
( );
City of ~
Ell{ River
LOCATION
MAP
N
13065 Orono Parkway. P.O. Box 490
Elk River, MN 55330
CASE:
BMX Lease
Agreement
I
o
o
w
::>
z
w
>
<(
~
C
..J
W
u:::
m I
I-
. - (~ r
en
a: '1
~ .-.": '" ~ ~
C")
II) j ~
,.. L
- :::r-
~ C)
Z
~
a:
~
. "-l~"
0
W .1tt
.
o
0\
:r:
l-
ll')
(!)
..-
U')
~
r.-)
,.....
U')
N
\
W
to-
g (i)
~ ~
m
,..
,.
..
",
.'
z
~
"--"
,...-,.
to
~
(f)
~
z
00
00...
:,
, I
I,
,
i
~
~
.-
~
-
ca
a.......
"C
CD
~
-
Q.
Q.
<C
.c
-
,
I
I
,
\
..
,
,
\
,
,
,"
W<(
$:(f)
,
I \ \
\ - \
\ - \
- \
\\
.. \
",
.., '
C")
C
..J
W
u:::
,
\
\
\
~ : ~
" \ ,
I \
, , I
I .
<i::'
d?I
,: "1
I
i; "
:.
\,
I
I
- \
- \
I ""
:;c
()
I
\
\
\
,
N
C
..J
W
u:::
l-
lL.
Zd
<( (f) ;
------.-----.. ~~ ~ ~
0')- r--
. .. '
0') ~
~g ~
:;1\
,
"
,
1:
I '"
...'"
u
-.
".,
I~
i ,~
I
Ii
I :
I
S'
/
f
I
.,
o
z
~
~
--
'" -
",,,,ct
I
I
I
..
La' ~g L
~ ;'
if /. /. , ' ' 3 I..tt"ZOoOO N.
'" /.. ; /
l:) ",,--
8.l ",/' /'" ,fill" _---<:(--
,," ,';'
.,'_.~....,.._....,..... '" ,fIII'././ .
;"'- / ./ ,,' ./
/ ...". ././
u...
o
,,---
I
,u..; .......
'0
o
'ZI.1
\\ ::ia
..\ ~~
....\ :w~
\~ $: U
-_\ ~
\\
: \ '
i\
:..-.. - \
.:(\1 : '-
.~
I,(f) ,
~ .
z
CiO I
-\- ~ -:.
,0 \ ,
zW '
<(.-J. '
,~CL
w~
-5::"(f) ,
~
.....
/
.t:. -
"
, '
II
i I
, :
ti
"
I'
I
\.
....
cZ
\:(
"")
)
0
I
\- I
~ I
I
~ I
Ll ,
1
~
I
~ I
I
@ i
!
--...-.,. "H. "-1
I
._~
L[)
~
n
l"--
LO
N
@
'-"1 -- ~"-"-"'-'-'-'" .--. ...
I
. ,
. ~ ~
It f ~. r;-1 ~
~ tL
06" I - I,
, .s
(.
~ lC-~
<
~~l
~ .~
0<<;)
-:~
=-...~._~.. ~.-....",.'~,....,:.......~ ~"'~""".
00
0-
-
6"
CO'
..
\.
!'
o
o
~
. .' ',;.'
~"1:
.~~
EkJi
-
S
\.W
\C
o
z
<(
~
I-
W
3: I
lL. I.
'0
S J
w /
C) /
0\ /
l..L}- /
/~,//
- . 2"(~J:~',
. _. ..~ ~ f
... ..
:::I:. .
"0
>..
"<<1
. ...I'
><
:E
.m
;;, '.\. :.' .: '
o
..~,.
';"':I~t..
/'
/.
/'
/'
/'
Part< & Recreation Commission Minutes
June 9, 1999
Page 2
. 6. BMX Site Recommendation ~)
Staff report by Steve Wensman. Margo Foster was present to represent the BMX
group. Steve asked Ms. Foster if the group was comfortable with the Elk River
Youth Athletic Complex (ERYAC) site. Ms. Foster indicated that they were.
Commissioner Kuester asked how long the lease would be. Steve Wensman
indicated that they are asking for a 5 year lease.
Phil Hals indicated that the cost to provide water to the site is approximately $500
- $1,000,. but if they required potable water, a well would need to be drilled at a
cost of approximately $3,500. Ms. Foster indicated they did not need to provide
drinking water at this time. Phil explained that a sand point could be put in for
the water or he could pipe the water from the ERY AC site. Commissioner Dana
Anderson felt that it would be best to have the shallow well put in (sand point).
Phil indicated that Connexus Energy has estimated the cost to provide electric at
$500 - $1,000.
COMMISSIONER DANA ANDERSON MOVED TO RECOMMEND APPROVAL OF
LOCATING THE PROPOSED BMX TRACK AT THE ELK RIVER YOUTH ATHLETIC COMPLEX
SITE WITH THE FOLLOWING STIPULATIONS:
THAT THE INITIAL LEASE NOT EXCEED 5 YEARS
THAT THE CITY CONTRIBUTE UP TO $2,000 FOR COSTS ASSOCIATED WITH
PROVIDING WATER AND ELECTRIC.
. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0.
7. Trails in School View Addition near Ice Arena
Phil Hals indicated that he has had discussions with the school district regarding
the trail between the School View Addition and the ice arena. He explained that
approximately 4 years ago, the trail was graded and surfaced with gravel. A
problem arose with students parking in the School View cul-de-sacs. 3 hour
parking signs were posted and the parking problem has improved. Phil explained
that it has been proposed to pave this trail, as well as the east-west trail along the
City's easement, to Jackson. Currently, the east-west trail is simply a path through
some overgrown vegetation. It has been suggested the path would provide a
link in the trail system to eventually hookup with the future pedestrian bridge over
Highway 169.
Commissioner Kuester questioned why the issue is being brought up now. Phil
indicated that the School District has concerns regarding students using the area
for smoking and other nuisance problems. Phil indicated that staff felt it would be
good to invite the neighbors in to express their views before making any decisions
regarding the trail.
Chair Huberty opened the discussion to the public.
Val Williams, 11936 1901h Circle, indicated that the 20 foot wide frail runs 190 ft.
. along her property line. She stated she was not aware of the trail when she )
purchased her home. Ms. Williams indicated she does not object to this trail,
.
.
.
,
Park & Recreation Commission Minutes
September 8. 1999
Page 4
()
Emporium has scheduled bands for every weekend since August 13th and
attendance has been very high. Cover charges for admittance will be used to
fund the construction of a small stage. Commissioner Dana Anderson asked
what was the average age of participants at these events. Ms. Bergh stated that
most of the attendees are 16 years old and up.
9.B. Park/Trail Development Issues
2.
BMX Conceptual Site Plan
Steve Wensman reviewed two alternative parking concepts to
accommodate the BMX track facilities, as well as future uses.
Commissioner Dana Anderson stated that the County Highway
Department may have an issue with adding more access points onto the
county road. He expressed his support for concept B for future parking,
but, in the interim, he felt the BMX users could use the parking at the
ballfields closest to the proposed track. "
COMMISSIONER DANA ANDERSON MOVED TO APPROVE PARKING
CONCEPT PLAN B FOR THE BMX SITE. COMMISSIONER KUESTER SECONDED
THE MOTION. THE MOTION CARRIED 7-0.
Michele McPherson stated that the adult softball and youth footbalf
organizations have offered to contribute $2,000 toward irrigation of Kuss
Field. Phil Hals estimates the project will cost $5,000 and requested that
the system be designed in-house, but installed byan.outside contractor.
COMMISSIONER DANA MOVED TO RECOMMEND APPROVAL OF UP TO
$3,000 FOR IRRIGATION OF KUSS FIELDS AND CONCUR WITH STAFF'S
RECOMMENDATION FOR DESIGN/BUILD. COMMISSIONER PETERSON
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
3. ERY AC Field Improvements
Steve Wens man stated that the Streets and Parks Department has a
$1,000 grant from Bauerly Brothers to pour concrete for the bleachers at
ERY AC. Mr. Wensman reviewed Concepts A and B. Concept A
demonstrated the existing and proposed improvements to the baseball
fields. Concept B, proposed by Commissioner Dave Anderson, consisted
of a raised platform with concessions and picnic tables under a canopy
and the sides of the platform as bleachers. Mr. Wensman explained that
Concept B would incorporate the existing utility and irrigation structures
and might help control erosion problems. Bathrooms could be
incorporated into the structure or separately, as with Concept A.
COMMISSIONER REITSMA MOVED TO TABLE A DECISION ON THE ERY AC
IMPROVEMENTS, PENDING FURTHER INFORMATION AND COSTS FOR
" )'
I
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WED) 10.13' 99 16:49/8T. 16:48/NO. 4261218975 P 2
.
.
.
LEASE AGREEMENT
This lease agreement ("Lease''), made on this day of .' ,
1999, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City"),
and , a Minnesota. non-profit corporation ("BMX")
RECITALS
City is the owner of certain unimproved land, legally described as set forth on Exhibit A
attached hereto and made a part hereof ("Property").
BMX desires to lease the Property from the City, for the purpose of constructing,
maintaining and operating a non-motorized track for BMX bicycles and related
improvements including parking facilities and fencing (hereafter '"Bicycle Track").
City is willing to lease the Property to BMX for the construction and operation of the
Bicycle Track, subject to the terms and conditions of this Lease.
NOW, THEREFORE. the parties hereto for good and valuable consideration, receipt of
which is acknowledged, hereby agree as follows:
1. Lease of Property: The City does hereby demise, let, and lease the Property to BMX
under and according to the terms and conditions of this Lease.
2. Ownership and Property Use: The o\Wership of the Property shall remain with the
City. The Property shall be used by BMX solely and exclusively for the operation of a Bicycle
Track subject to the further terms and conditions of this Lease.
3. Term of Lease: The term oftbis Lease shall be for (5) five years, commencing on
the date set forth above subject to: (a) the right of either party, at any time, to terminate this
Lease pursuant to Paragraph 22 hereof prior to the end of the Lease term; and (b) the right of the
parties to mutually agree to renew this Lease.
4. Rent: BMX shall pay as and for rent to the City, the sum of$1.00 for the term of this
Lease.
S. Non-Transfenble: BMX shall not sell, transfer, convey, or assign its interest in this
Lease, or sublet any part of the Property, without the prior, written consent ofllie City, which
consent may be withheld by the City for any reason, at the City's sole discretion.
6. Exclusivity: 8MX shall have the exclusive use of the Property for the operation of
the Bicycle Track during the term of the Lease. City shall not grant permission to other groups
or organizations to use the Property without the written permission of BMX.
7. Insurance: BMX shall procure at its expense and maintain in full force and effect at
all times during the term of this Lease a policy of liability insurance naming the City as an
additional insured and which contains liability limits for both bodily injury and/or death of six
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WED) 10.13' 99 16:50/8T. 16:48/NO. 4261218975 P 3
.
hundred thousand dollars ($600,000) per occurrence. BMX shall provide to the City a
Certificate of Insurance in a form as approved by the City. If at any timc during the term of this
Lease, the insurance to be maintained by BMX as set forth herein shall he canceled or
terminated, then this Lease shall be deemed to have been terminated and expired as of the date
that such insurance coverage shall have ceased, and all rights of BMX to use the Property or
operate the Bicycle Track shall cease immediately, effective as of such time and date. Bl\1X
shall provide the City 30 days notice of such cancellation or termination and shall comply with
the requirements of Paragraph 25 of this Lease.
8. Minimum Requirements for Construction, Maintenance and Operation of
Bicycle Track: BMX shall, at its expense, and at no expense to the City:
a. Construct, maintain and operate the Bicycle Track to conform to all generally
recognized and accepted standards and specifications for recreational facilities of the type
intended to be constructed, and in compliance with all requirements and standards
promulgated and established by the American Bicycle Association and in accordance
with all applicable laws, codes, and regulations. Plans and specifications for construction
of the Bicycle Track shall be submitted to the City for its review, comment and approval
prior to commencement of construction.
.
b. Establish appropriate safety rules including rules controlling the number of
people using the track at anyone time, a copy of which shall be provided to the City. In
addition, BMX shall have a Trained SupeIVisor as provided in Section 11 herein on the
premises at aU times during hours of operation to monitor activities on the track to ensure
safe riding and to ensure that the conduct and behavior of such persons is appropriately
restricted to conform to the intent of this section. Further, BMX shall post signs at the
entrance to the premises or track identifying the BMX as the operator and stating rules of
operation.
c. Enclose the entire racing area of the Bicycle Track with a secure, chain link
fence with a gate capable of being locked, with a height of not less than (6) feet, so as to
allow and permit BMX to control access to use of the Bicycle Track by the public at
large; .
d. Maintain the Bicycle Track surface to a level so that the track is well groomed
at all times, es~ially after rain and water runoffhas occurred. BMX's obligation of
maintenance set forth herein shall also extend to those areas bordering the Bicycle Track
surface so that any and all border markings are kept visible above sWTounding grassy
areas at all times that the Bicycle Track is in use;
.
e. Maintain adequate safety measures as necessary to maintain proper placement
of spectators and Wlauthorized personnel so as to minimize the potential for inlcrfcreIlce
with riders on the Bicycle Track during practices or during sanctioned races; BMX shall
require all participants/entrants in practices and sanctioned races to sign a Waiver of
Liability/Hold Harmless Lease in favor of the City, in a form as set forth on Exhibit B
attached hereto and made a part hereof. BMX shall ensure that each entrant/participant in
2
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WED) 10.13' 99 16:50/8T. 16:48/NO. 4261218975 P 4
.
.
.
practices and/or sanctioned racing events shall provide to BMX the Waiver of
Liability/Hold Harmless, signed by the parent/guardian for all participant /entrants who
are mmors;
f. Take all necessary action to assure that all bicycles used in practices and
sanctioned races shall be periodically inspected for inclusion of proper equipmt:nt and
safety devices in accordance with accepted standards for this type of use. This inspection
shall also extend to the rider. so as to ensure that all riders have the necessary safety
equipment for participation in BMX bike racing. The Trained Supervisor shall be
responsible tor conducting the inspections.
g. At all times use the Property and operate the Bicycle Track in a clean, safe and
non-disruptive manor. BMX shall be responsible for all repair and maintenance of the
Property and the Bicycle Track including, without limitation, maintenance of vegetation,
regular and routine cleanup and disposal of refuse and garbage, and all other activities
which may arise from time to time as necessary to ensure that BMX's use of the Property
and operation ofthe Bicycle Track conforms with the provisions of this section.
9. Additional Improvements: BMX shall not make any additional improvements to
lhe Property without the prior consent of the City. This section docs not apply to routine
maintenance requirements of BMX as set forth above.
a. Construction of any structures shall require a building pennit from the City.
10. Hours of Operation: No use of the Property or Bicycle Track shall be made or
permitted by BMX or any other persons when the City park is closed, except during the
following hours:
8:00 a.m. to 9:00 p.m., or dusk, whichever first occurs; unless otherwise approved by the
Park and Recreation Commission and the City.
If, in the sole opinion of the City, the hoW" restrictions provided for in tins section are insufficient
to provide adequate peace and quiet to the neighborhood in the area of the Property, City may
designate and impose additional restrictions on the hours of operation or duration of operation of
any events to be held at the Property.
11. Trained Supervisors: BMX shall provide, at its expense and at no expense to the
City, and subject to approval by the City, responsible supervision during all practices and/or
racing events conducted at the Bicycle Track. At least one supervisor shall be both First Aid and
CPR certified at all times during all practices and/or racing events.
12. Parking: BMX shall conduct all practices and racing events at the Bicycle Tract so
as to prevent or minimize parking problems for adjacent City park uses. including the adjacent
City ball fields. No vehicles shall be driven or parked off the parking area or designated
vehicular use areas.
3
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WED) 10.13' 99 16:51/8T. 16:48/NO. 4261218975 P 5
.
.
.
13. Schedule: BMX shall provide to the City a schedule of all events prior to the race
season each year.
14. Cleanup: BMX shall ensure that the Property is cleaned and clear of all refuse and
garbage, and any other debris after all practices and/or racing events. BMX may arrange for
refuse disposal services that the City uses for the adjacent park land, but BMX shall pay for all
such refuse disposal services.
15. Revenue: All revenue connected with the operation of the Bicycle Track shall be the
sole responsibility ofBMX, in conjunction with its By-Laws, operating agreements. and
requirements promulgated and established by the American Bicycle Association.
16. IndemnitylHold Harmless: BMX shall bear the entire and sole responsibility for all
debts, damages or injuries to all persons and property, arising out of, resulting from, or in any
manner connected with the construction, maintenance and operation of the Bicycle T rock on or
around the Property. B:MX agrees to indemnify and hold harmless the City, its agents and
employees, from all such claims includini, without limiting the generality of the foregoing,
claims for which the City may be. or may be claimed to be, liable, and legal fees and
disbursements paid or incurred to enforce the provisions of this paragraph, including, without
limitation, reasonable attorney's fees which City may incur by reason of any such claims or
demands. RMX shall obtain. maintain and pay for such ieneralliability insurance coverage as
will ensure the provisions of this Section, and set forth in Section 7 of this Lease.
17. Distrimimatiun: BMX shall have the right to restrict the use of the Property and
Bicycle Track to only those persons who are members in good standing of the American Bicycle
Association. However. BMX shall at all times use and operate the Property and Bicycle Track in
a fair and non-discriminatory manner and shall not establish any rules or restrictions with respect
to the use of the Property and Bicycle Track based upon any unlawful andlor discriminatory
reason. If, in the sole and exclusive determination of the City. the use and operation of the
Property and Bicycle Track by B}..1X will, in any manner, result in any form of unlawful
discrimination. the City may require modification ofB}..1X's policies and procedures with respect
to such use so as conform with any and all applicable legal restrictions and requirements.
18. Restroom and Utilities: BMX shall provide. maintain and pay for portable toilets.
BMX shall be responsible for the cost of all utility services supplied to the Property and Bicycle
Track and shall arrange for such services to be billed directly to BMX by the provider thereof.
19. Controlled Substanc:es and Alcohol: The consumption and/or sale of all controlled
substances (as defined by Minnesota Statutes) and intoxicating beverages of any kind, at the
Property and Bicycle Track, is strictly prohibited. 8MX shall be responsible for enforcement of
this prohibition.
20. Prohibition Against For-Profit Commercial Use: No for-profit commercial
operation of any type or sort shall be operated upon the Property or the Bicycle Track at any time
by BMX or any other party, nor shall BMX permit or authorize any third persons to conduct such
for-profit commercial enterprises. Provided, however) that nothing herein shall be deemed to
4
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WEDll O. 13' 99 16: 51/8T. 16: 48/NO. 4261218975 P 6
.
.
.
prohibit BMX from engaging in the incidental sale and distribution of non-alcoholic beverages
and/or refreshment type items in connection with the conduct of practices and/or racing events at
The Bicycle Track (but only then upon securing such licenses and permits as may be necessary).
so long as the net proceeds thereof are accounted for in compliance with BMX' s By-Laws,
operating agreements, and as necessaI)' to meet requirements imposed by the American Bicycle
Association.
21. Right of Entry by the City: The City shall at all reasonable times have full and
complete authority to enter into and upon the Property and Bicycle Track to inspect the same for
compliance with the tenns of this Lease and to otherwise enforce and all federal, state, and local
laws, rules and regula lions.
22. Termination of Lease: City may at any time and for any reason in its sole
discretion, tenninate and cancel this Lease prior to the end of the Lease term upon thirty (30)
days written notice directed to BMX. at the address specified in Paragraph 27 below. Upon
termination of this Lease for whatever reason, BMX shall within 60 days thereafter, or as soon as
weather conditions permit, at its expense and at no expense to the City. completely and totally
remove from the Property all improvements placed on or around the Property during the term of
this Lease including, without limitation, fencing, Bicycle Track borders and tower. In addition,
BMX shall restore the surrounding land, to is original state and level the Bicycle Track so that
the Property is level with the surrounding land under supervision of the City Street and Parks
Department. The City shall have a cause of action against BMX should it tail to comply with
these requirements.
23. Successors aDd AssiIDS: This Lease shall be binding upon and shall inure to the
benefit of the parties and their respective successors and pennitted assiills.
24. SUn'ival: The terms and provisions relating to B:MX's obligation to hold harmless
and indemnify and provide insurance for the benefit of the City, as provided in Section 7 and 16
herein. shall survive termination of this Lea.~e.
25. Execution In Counterparts; This Lease may be executed in any number of counter
parts and by different parties hereto, each of which when so executed shall deemed an original
but all of which taken together shall constitute one and the same agreement.
26. Governing Law: This Lease shall be governed by and interpreted in accordance with
the laws of the State of Minnesota.
27. Notices: Any and all notices required to be given pursuant to this Lease shall be
given as follows:
a. If to Ci1y: City of Elk River, P.O. Box 490, 13065 OTOno Parkway, Elk River,
MN 55330.
b. If to BMX:
5
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WED) 10.13' 99 16:52/ST.16:48/NO. 4261218975 P 7
. IN WIlNESS WHEREOF, this Lease has been entered into as of the date first above written.
City of Elk River
By:
Its:
By:
Its:
.
.
6
FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(WED) 10.13' 99 16:52/8T. 16:48/NO. 4261218975 P 8
. WAIVER OF LIABILITYIHOLD HARMLESS AGREEMENT
In consideration of the participation of the undersigned, or the undersigned's minor child
or children, being permitted to participate in all ~ activities, including practices and lor
racing events, at the BMX track leased from the City of Elk River, the undersigned agrees
personally, and/or as the parent and natural guardian of the undersigned's minor child or children
so participating, to indemnify and hold harmless the City of Elk River, its officers, employees,
agents, and insurers. from any and all liability from damaees. loss or injuries, either to person or
property, which the undersigned, or the undersigned's minor child or children, may sustain while
engaged in any activity conducted by or in cOIUlection with the BMX track being leased from the
City of Elk River.
The undersigned, if making this Waiver of LiabilitylHold Harmless Agreement on behalf
of a minor child or children, certify and represent that I have custody or am the, or one of the,
legal guardians of said minor child or children. 1 further represent. and certify, that said minor
child or children are physically able to participate in the activities taking place at the BMX track
being leased from the City of Elk River, including, without limitation, all RMX bicycle practices
and racing events. The undersigned further agrees to reimburse or make good any loss or
damages or costs that the City may have to pay if any litigation arises on account of any claim
made by the undersigned either for myself, or on behalf of any minor child or children of mine,
or of whom I am legal guardian.
. The undersigned acknowledges and recognizes that BMX racing and related events is a
sport where there exists a potential for injury. In consideration for participation of the
undersigned, or the lUldersigned's minor child or children, in BMX activities, the undersigned
agrees to release the City of Elk River, its officers, employees, agents, and insurers, from all
liability, including liability based on the negligent acts of the City of Elk River. for damages, loss
or injuries, either to the undersigned's person or property, or to the person or property of the
lUldersigned's minor child or children, which may be sustained while engaged in all}' activity
conducted by, at or in connection with, the BMX track under lease from the City of Elk River.
I
ParticipanvParentlGuatdian
(Signature)
Dated:
Name of Minor Child
Name of Minor Child
.
Name of Minor Child
GP;630809 v2
7
.
.
.
6 te . ....
11IM II...
'\ 4 te 6 .. dBlI""
..... ........ ...
..........
ldirt
1 feet
dirt
\ s_d
.....
....... ...
- ....
--
\
'J