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Home My WebLink AboutTrail Blazers off-Road Club User - Maintenance Agmnt-2/27/2017Riverview Recreation Area Trail Blazers Off -Road CIub User / Maintenance Agreement This User/Maintenance Agreement (the "Agreement") is entered into as of 2� , 2017, by and between the City of Waterloo, Iowa, a municipal corporation having a principal place of business at 715 Mulberry Street, Waterloo, Iowa, 50703 ( "City") and Trail Blazers Inc., a/k/a Trailblazers, 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 ("Trailblazers"). 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 1,000 cubic centimeters and in total dry weight to less than 1,200 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. c. "Off -Road Utility Vehicle" (ORV) means a motorized vehicle with not less than four and not more than eight non -highway tires or rubberized tracks that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control. "Off-road utility vehicle" includes the following vehicles: • Type 1: an off-road utility vehicle with a total dry weight not exceeding 1,200 pounds and a width not exceeding 50 inches. • Type 2: an off-road utility vehicle, other than a Type 1 off-road utility vehicle, with a total dry weight not exceeding 2,000 pounds and a width not exceeding 65 inches. d. "Authorized Vehicles" means ATVs, Off -Road Motorcycles and ORVs, as defined above. 2. Purpose of Agreement; Effect on Previous 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 Trailblazers for the purpose of encouraging safe and proper use of Authorized Vehicles. The parties acknowledge that they previously entered into a User/Maintenance Agreement in 2007. By this Agreement, the parties intend to terminate the former agreement and to adopt this Agreement in substitution of the former agreement. Upon 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 Trailblazers any interest in the subject premises that is capable of being subleased, assigned, mortgaged, or otherwise disposed of to another party. Trailblazers shall not assign its duties under 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 Trailblazers 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 Trailblazers. 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 Trailblazers from the premises, all without service of notice or resort to legal process and without any legal liability on City's part. Trailblazers 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; Attn: Director. For Trailblazers, 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 Authorized Vehicle purposes only during regular park hours, which shall be from 5:00 a.m. to 11:00 p.m. However, Trailblazers may, with the express prior written permission of City, use the subject premises other than as stated herein. 17. Severability. 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. 4 18. Maintenance. Trailblazers and all users of Authorized Vehicles shall keep the premises clean and litter -free. Trailblazers shall also further develop the park, subject to prior approval of development plans by the Waterloo Leisure Services Commission. 19. One -Year Review. At the one-year anniversary of the date of this Agreement, Trailblazers shall provide a report to the Waterloo Leisure Services Commission addressing any accidents on the premises involving damage to property or injury to persons caused by or arising in connection with the operation of Authorized Vehicles and addressing maintenance of the OHV park for use by all types of Authorized Vehicles. Said commission shall hold a hearing to allow public comment. Following the hearing and upon finding of cause as determined in the commission in its reasonable discretion, the commission may recommend to the Waterloo City Council that this Agreement be amended to restrict or prohibit use of the OHV park by off-road utility vehicles as defined in paragraph 1(c). 20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 21, 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. 22. 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 WATERLOO, IOWA TRAIL BLAZERS INC. r --- By: Quentin Hart, Mayor Attest: 1/ Kelley Fele le, City Clerk 5 By:l/1J9tikt N OAC Lorne Lee, President STATE OF IOWA COUNTY ) Acknowledged before me on Trail Blazers Inc. STATE -OF IOWA BLACK HAWK COUNTY ) ss. , 2017, by Lorne Lee as President of ss. Notary Public 4."'""... SHEWE L CRISMAN . COMMISSION NO.778100 ¢ 'i-L�• • NIl(C:OMAIIISSI4N.�%PIRES .ow. :b. Acknowledged before me on `� ` , 2017, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. (NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES Notary Public r"-tS-44-4-2a't-Y 6