HomeMy WebLinkAboutTrail Blazers, Inc.-11.19.2007 67
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Riverview Recreation Area
Trail Blazers Off-Road Club User/Maintenance Agreement
This User/Maintenance Agreement(the "Agreement") is entered into this /GI day of
lJa Jeni,(r a( , 2007, by and between the City of Waterloo, Iowa, a municipal corporation
duly organized and whose principal place of business is located at 715 Mulberry Street,
Waterloo,Black Hawk County, State of Iowa, 50703 (hereinafter"City") and Trail Blazers Inc.,
a non-profit corporation duly organized and in good standing in the State of Iowa, whose
principal place of business is P.O. Box 383, Independence, Iowa 50644 (hereinafter"Trail
Blazers").
In consideration of the mutual promises, covenants,terms, and provisions contained in
this Agreement,the parties hereby agree as follows:
1. Definitions.
a. "All-Terrain Vehicle" (ATV)means a motorized flotation-tire vehicle with not
less than three low pressure tires, but not more than six low pressure tires, that is
limited in engine displacement to less than eight hundred cubic centimeters and in
total dry weight to less than eight hundred fifty pounds and that has a seat or saddle
designed to be straddled by the operator and handlebars for steering control.
b. "Off-Road Motorcycle" means a motor vehicle having two wheels designed by its
manufacturer for off-road use,to include dual purpose (off road/street legal)use with
an engine displacement of not more than 1,000 cubic centimeters and no more than
two cylinders.
2. Purpose of Agreement. The purpose of this Agreement is to provide for and
coordinate the development of an ATV park which shall be maintained and operated
by Trail Blazers for the purpose of encouraging safe and proper use of ATVs and Off-
Road Motorcycles.
3. Subject Premises. City agrees to permit all ATV and Off-Road Motorcycle users who
have current ATV or motorcycle registration(as issued through the Iowa Department
of Natural Resources)to use the premises commonly known as Riverview OHV
Park, depicted in Exhibit A which by this reference is made a part of this Agreement
as if fully set forth herein, for the sole purpose of using it as a riding area for ATVs
and Off-Road Motorcycles, except for a designated portion of the proposed north
parking area adjacent to the boat ramp that shall remain open for boating access to the
Cedar River. Only ATVs and Off-Road Motorcycles shall use the premises. The
parties acknowledge that the park is a public park and that this Agreement does not
confer any exclusive rights of use upon Trail Blazers or its members.
4. Term of Agreement. The term of this Agreement shall begin on the date of this
Agreement and shall continue thereafter for a period of twenty(20) years, unless
terminated earlier as set forth herein. This Agreement may be terminated at any time
before the expiration of its term as follows:
a. Upon the mutual written consent of the parties;
b. By City if Trail Blazers voluntarily dissolves or is involuntarily dissolved, ceases
to operate, or otherwise disbands, and within thirty(30) days after delivery of written
notice from City Trail Blazers fails to be reinstated as a corporation in the State of
Iowa or fails to effectively assign its rights and duties under this Agreement to a
successor entity that is acceptable to City.
c. By City if Trail Blazers fails to care for the subject premises as required by this
Agreement or otherwise materially breaches this Agreement and, within thirty(30)
days after delivery of written notice from City specifying the default,fails to cure said
default to the satisfaction of City.
d. By City if Trail Blazers, its officers, directors, or members are charged with any
criminal act or any other act endangering public health or safety, or complicity with
any of the foregoing activities, on the subject premises and such charges are not
resolved through dismissal or acquittal. Termination in such instance shall occur
immediately upon delivery of written notice from City.
5. Indemnity. Trail Blazers shall conduct its activities upon the subject premises so as
not to endanger any person lawfully thereon. Furthermore, Trail Blazers agrees to
indemnify, save, and hold harmless City and the Waterloo Leisure Services
Commission, its officers, elected or appointed officials, consultants,agents, and/or
employees, from and against all claims, demands, causes of action, damages, losses,
expenses, and liabilities whatever(including but not limited to attorneys' fees and
expenses, whether incurred prior to or during litigation, administrative hearings,
arbitration, or bankruptcy proceedings, including trial and appellate levels) (each of
the foregoing is a"Claim"), which may in any way arise out of or result from the
occupancy or use of the subject premises,provided that any Claim is caused in whole
or in part by any negligent act or omission or other fault of Trail Blazers or anyone
directly or indirectly employed by it or anyone for whose acts Trail Blazers may be
liable.
6. Insurance. Trail Blazers agrees that it will, at its own expense, procure and maintain
combined single limit liability,bodily injury, and property damage insurance in the
amount of not less than$1,000,000. Certificates or copies of said policies, including
City and the Waterloo Leisure Services Commission as additional insureds, and
providing for thirty(30) days' advance notice to City before cancellation, shall be
delivered to City concurrently with execution of this Agreement. A renewal
certificate shall be provided to City prior to expiration of any policy. Any liability
shall be first assumed by Trail Blazers' insurance up to the limits of coverage as set
forth herein. City may at its own expense procure and maintain additional insurance.
7. Responsibility for Premises. Trail Blazers understands and agrees that it shall make
every good faith effort to raise sufficient funds to provide for the operation and
maintenance of the subject premises. Upon expiration of the term of this Agreement,
or within thirty(30) days from the date of termination of this Agreement if terminated
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early pursuant to Section 14 below, Trail Blazers shall vacate the premises in as good
or substantially as good condition as they were in at the commencement of this
Agreement, reasonable wear and damages by the elements excepted. Trail Blazers
also agrees that if the premises are damaged during the term of this Agreement,Trail
Blazers shall pay to City,upon demand, such sums as may be necessary to restore the
premises to the condition they were in at the commencement of this Agreement.
8. Compliance with Laws. All users, including Trail Blazers and its members, shall
comply with all applicable laws, regulations, or ordinances of the State of Iowa, City,
or any other entity having jurisdiction over the subject premises or the activities of
Trail Blazers. All ATV and Off-Road Motorcycle users shall have current ATV or
motorcycle registration issued by the Iowa Department of Natural Resources before
use of the subject premises.
9. Permitted Use of Premises. Trail Blazers shall only use the premises as an off-
highway vehicle(OHV)park, and shall not use or permit the use of the premises for
any other purpose or for any immoral, objectionable, or unlawful acts. Snowmobiles
may not use the park. The decision of the Waterloo Leisure Services Commission in
these matters shall be final. The Riverview OHV Park as depicted in Exhibit A shall
be used for recreational purposes and by ATVs and Off-Road Motorcycles in
designated areas only. No other motorized vehicles shall be allowed on the riding
area in the park. All ATV and Off-Road Motorcycle use shall be subject to
operational rules as outlined in the Code of Iowa and regulations promulgated
thereunder, as published in The Handbook of Iowa All-Terrain Vehicles Off-Road
Utility Vehicle and Off-Road Motorcycle Regulations,July 1, 2007 or latest
subsequent edition.
10. Utilities. All expense of utilities to serve the subject premises shall be the sole
responsibility of Trail Blazers.
11. Contracts and Liens. Trail Blazers agrees to make no contracts for construction,
repair, or improvements on, in or to the subject premises or any part thereof, except
those incident to normal maintenance and operation of the premises, without the prior
written consent of City. Trail Blazers further agree that it shall not permit any liens
for work, services, or material provided to be made or filed against the subject
premises and further agrees to indemnify and hold City, including the Leisure
Services Commission, harmless from any such claim, and to immediately have
removed any liens.
12. Performance. Failure by City to insist on strict performance of any of the terms,
agreements, conditions, or covenants in this Agreement shall not constitute or be
construed as a waiver of any right City may have to thereafter enforce any agreement,
term, condition, or covenant hereof. A waiver of any default shall not constitute a
waiver of any other or subsequent default.
13. Subletting and Assignments. This Agreement does not give Trail Blazers any interest
in the subject premises that is capable of being subleased, assigned, mortgaged, or
otherwise disposed of to another party. Trail Blazers shall not assign its duties under
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this Agreement to any other person without the prior written consent of City through
its Leisure Services Commission. Any consent given by City in a given instance shall
not operate as a waiver of this restriction for later assignment.
14. Default. In the event Trail Blazers violates any of the provisions of this Agreement or
any other requirements of the Leisure Services Commission, such violation shall be
construed as a default under this Agreement and City, at its sole option,may then
terminate this Agreement without any further liability whatsoever. Termination shall
be effective immediately upon delivery of written notice of termination from City to
Trail Blazers. In the event of default, City shall have and may exercise any and all
rights and remedies available to it under applicable law, including but not limited to
the right to enter and obtain possession of the entire premises,remove and exclude all
persons from the premises, and remove all property of Trail Blazers from the
premises, all without service of notice or resort to legal process and without any legal
liability on City's part. Trail Blazers shall be responsible for all expenses incurred by
City in enforcing the provisions of this Agreement, including but not limited to
reasonable attorneys' fees and expenses.
15. Notices. All notices under this Agreement shall be in writing and addressed as
follows: For City, Leisure Services Commission, 1101 Campbell Avenue, Waterloo,
Iowa 50701. For Trail Blazers,P.O. Box 383,Independence,Iowa, 50644,Attn:
President. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such message shall be considered given
under the terms of this Agreement three(3)business days after the date it is sent,
addressed as above designated,postage prepaid,by first class mail and so deposited
in a United States mail box.
16. Hours. The Riverview OHV Park Area may be used for ATV and Off-Road
Motorcycle purposes only during regular park hours, which shall be from 5:00 a.m. to
11:00 p.m. However, Trail Blazers may, with the express prior written permission of
City, use the subject premises other than as stated herein.
17. Severabill0. In the event any provision of this Agreement is held invalid, illegal, or
unenforceable, whether in whole or in part,the remaining provisions of this
Agreement shall not be affected thereby and shall continue in full force and effect. If,
for any reason, a court finds that any provision of this Agreement is invalid, illegal, or
unenforceable as written,but that by limiting such provision it would become valid,
legal, and enforceable,then such provision shall be deemed to be written and shall be
construed and enforced as so limited.
18. Maintenance. Trail Blazers and all ATV and Off-Road Motorcycle users shall keep
the premises clean and litter-free. Trail Blazers shall also further develop the park,
subject to prior approval of development plans by the Waterloo Leisure Services
Commission.
19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties and the respective successors and assigns of each.
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20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed
to, create or constitute any joint venture, partnership, agency, employment, or any
other relationship between the parties nor, except as expressly set forth herein, to
create any liability for one party with respect to the liabilities or obligations of the
other party or any other person.
21. Entire Agreement;Modification. This Agreement constitutes the entire agreement
between the parties pertaining to the subject matter hereof. This Agreement may not
be modified or amended except pursuant to the mutual written agreement of the
parties.
IN WITNESS WHEREOF, the parties have executed this User/Maintenance Agreement
by their duly authorized representatives as of the date first set forth above.
CITY OF TE 0,IOWA TRAIL BLAZERS INC.
By: lvr-L r 1)0 12v" By:
Timothy J. Hurley,Mayor Sha Hoaglan, resid
A est:
Nancy Ecke t, ity Clerk
STATE OF IOWA )
6la LK ga k)k COUNTY ) ss.
Acknowledged before me on //'/9 , 2007, by Shawn Hoaglan as
President of Trail Blazers Inc.
Notary Publ. 'n and for the State of Iowa
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STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this V l day of -161/Q,Ina-e , 2007, before me,th ` ( ° f
undersigned, a Notary Public in and for the State of Iowa, personally appeared Timothy
and Na Eck rt, to me personally known, and who, being by me duly sworn, did say that they
are the r -0.q-Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument wa ` 1i
signed and sealed on behalf of the corporation by authority of its City Council and that c �'
3- urley and Nancy Eckert acknowledged the execution of the instrument to be their voluntary
act deed and the voluntary act and deed of the corporation,by it voluntary executed.
Nota Public 10-A
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