HomeMy WebLinkAbout00- Skatepark Project Improvements Agreement for Kirk Park, 2000
IMPROVEMENTS AGREEMENT
FOR
KIRK PARK
THIS AGREEMENT is made and entered into this ~ day of August, 2000 by
and between Gallatin County 4-H Skate Park Project hereinafter referred to as "Skatepark
Project" and the City of Bozeman, a municipal corporation of the State of Montana,
hereinafter referred to as "City."
WHEREAS, it is the intent and purpose of the Skatepark Project to meet the
conditions of approval for public parkland improvements allowing the creation of a
skatepark to be constmcted at Kirk Park, as approvcd by the Bozeman City Commission;
and
WHEREAS, it is the intent and purpose of the Skatcpark Project to constmct the
skatepark in Kirk Park, and whereas, it is the intent and purpose of both the Skatepark and
the City to hereby cnter into an agreement which will guarantee the HilI and satisfactory
completion of all improvcmcnts on the property hereinaftcr dcscribed.
NOW, THEREFORE, in consideration of the mutual covcnants and conditions
contained herein, it is hereby agreed as follows:
1. Improvements: This Agreement pertains to thc improvements to the public park area
designated and identified as Kirk Park, including, but not necessarily limited to, a
skatepark, landscaping, benning and related improvements constmcted to meet the
standards established by the City's insurance carrier.
2. Inspection: The Skatepark Project shall provide a timeline for construction. The
Skatepark Project will make provisions f()r the involvement of the City in the
preconstruction meeting, coordinate all work with the City of Bozeman parks division,
and schedule periodic inspections with the City at critical phascs of constmction.
3. Default: If the Skatepark Project shall default in or fail to nllly perf()fll1 any of its
obligations in conformance with the time schedule under this Agreement, and such
default or failure shall continue for a period of thirty (30) days aftcr written notice
specifying the dcfault is deposited in the United States mail addressed to the Skatcpark
Projcct coordinator without bcing completely remedied, satisfied and discharged, the
City may elect to enforce any of the following specified remedies:
A The City's representative, contractors and cngineers shall have the right to
enter upon the property and perform such work and inspection, and the
Skatepark shall permit and secure any additional permission required to enable
them to do so.
B. The City may enforce any other remedy provided by law. These remedies are
cumulative in nature.
I
4. Warranty: The Skatepark Project shall warrant against dcfccts in these improvements
for a period of one year from the datc of their written acceptance by the City. The
Skatepark Projcct will provide the City with documentation that the contractor
selccted to construct the project has proof of insurance, proof of Workman's
Compensation Insurance, a performance bond and a city business license. The
Skatepark Project has bccn provided with a copy of the City's insurance provider's
requiremcnts for a skatepark and will design a facility which will meet the provider's
requirements.
5. Governing Law: This Agreement shall be construed according to the laws of the State
of Montana.
6. Modifications or Alternations: No modification or amendment of this Agreemcnt shall
be valid unless evidenced by a writing signed by the parties hereto.
7. Invalid Provision: The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof and this Agreemcnt shall be
construed in all respects as if such invalid or unenforceable provision were omitted.
8. Assignmcnt: It is expressly agreed that the Skatepark Projcct shall not assign this
Agreement in whole or part, or any of the improvements to thc park covered under
this contract, without prior written consent of the City.
9. No Waiver: No waiver of any provision of this Agreement will be deemed to
constitute a waiver of any other provision, nor will it bc dccmed to constitute a
continuing waivcr unless expressly providcd for, nor will the waivcr of any default
under this Agreement be deemcd a waiver of any subsequcnt default or defaults of the
samc type. The City's failure to exercise any obligation under this Agreement will not
constitute the approval of any wrongful act by the Skatepark Project or the acceptance
of any improvement.
10. Indemnification: The Skatepark Project hcrcby expressly agrees to indcmnifY and hold
the City harmless for and against all claims, costs and liability of every kind and nature,
for injury or damage received or sustained by any person or entity in connection with,
or on account of, the perfl1rmance of work at the development site and elsewhere
pursuant to this Agreement. Thc Skatepark Project fU11her agrees to aide and defend
thc City in the event that it is named as a defendant in an action concerning the
performance of work pursuant to this Agreement except where such suit is brought by
the Skatepark Project. The Skatepark Projcct is not an agent or employce of the City.
11. Successors: This Agreement shall be binding upon, inure to thc bencfit of, and be
cnforceable by the parties hereto and their respcctive heirs, successors, and assigns.
2
SKA TEP ARK PROJECT
-- C......
'I'~r'"~
BY:'::lK~JE:\ ~~./~ c..~.tI\lA-'I,'Hf'+
IV\. 'i:'_"", L., e'r-
STATE OF MONTANA )
SS:
County of Gallatin )
On this ~ day of ~~"\ , 2000, before me, a Notary Public for the State
of Montana, personally appeared ON'. Ge>,,~ known to me to be the
Co~~ !J.&...~._ of Skatepark Project, the corporation that executed the fi)regoing
,
Improvements Agreement, and acknowledged to me that (s)he executed the same for and
on bchalf of said corporation.
IN WITNESS WHEREOF, I have hcreunto set my hand and afiixed my seal on
the day and year fir ' , WI" tten ab ve.
-
ota Public for the State of ntana
ReSidin~\{\l\.CJ.-....r....._
My C01 1SS xplres: \0 -:J..\-'"2..--00'2...
CITY OF BOZEMAN, MONT ANA
~~ell I
Director of Public Service I
STATE OF MONTANA )
SS:
County of Gallatin )
'r , 2000, before me, a Notary Public
On the LV.. day of., ..
for the State of Montana, personally peared Dcbra H. Arkell, know to me to be the
person described in and who executed thc foregoing Improvemcnts Agreement as Dircctor
of Public Service of the City of Bozeman, whose namc is subscribed to the within
3
instrument and acknowledged to me that she executed the same for and on behalf of said
City.
IN WITNESS WHEREOF, I have hereunto set my hand and at1ixed my seal on
the day td year ~en ahove.
" ,--~
otary Public I' the State of Montana
Residing at
My Commissi
4
July 19,2000
TO: Tim Cooper
City of Bozeman
FROM: Alan W. Hulse
RISK MANAGEMENT SPECIALIST
RE: REVISED SKA TEBOAIU) FACILITY STANDARDS
As know, the MMIA has elected to provide liability coverage for skateboard facilities.
Coverage for munieipally operated skateboard facilities will be provided at no additional
prcmium through an endorsement to the MMIA Mcmorandum of Liability Coverage;
however, the coverage is dependent upon thc facility meeting a prescribed sct of
standards. Preliminary information has already been distributed to municipalities
expressing an interest in obtaining this covcrage; however, the preliminary information
required fencing for all skateboard facilities. Please note the requirement for fencing has
been eliminated from the final set of standards. To obtain the cndorsement for liability
coverage for skatcboard facilities, municipalitics must submit a completed application to
the MMIA. Application forms are available from the MMIA (1-800-635-3089).
As adopted by the MMIA Board of Directors, skateboard facilities must meet the
following standards to be eligible for liability coverage through the MMIA Memorandum
of Liability Coverage:
1. The skateboard facility must be constructcd as a Alow hazard@ skateboard facility.
Low hazard skateboard facilities may include mini-banks, curbs, benches, rails of
less than two (2) feet in height, slanted snake-run trails, half-pipes of five (5) feet
or less, ramps of five (5) feet or less, vertical drops not exceeding five (5) feet,
and open cement courts for riding grounds.
The design must avoid the use of landscaping matcrial which would shed onto the
skating surface (sand, bark, gravcl, etc.). The design must also provide for
drainage to prevent the collection of water in any area of the skateboard facility.
2. The insured entity must have an engincer or architect, licensed by the state of
Montana, certify that the plans and specification for, and the construction of, the
skateboard facility are in compliance with the specifications stated herein and the
requisite building material standards for similar construction. A statement to this
effect must be signed by the registered professional, with one copy attached to the
plans and specifications and another copy forwarded to the Authority for inclusion
in the Entity=s file.
3. The Entity must post and maintain signs at the skateboard facility whieh list the
local park and facility regulations and rccommend the use of safety equipment by
facility users. Signs must prohibit the use of food or drink on or near the skating
surface. The hours of operation must bc commensurate with the operation hours
of other park facilities and must be clearly posted.
4. The skateboard facility must be located such that a clear line of vision exists from
the adjoining roadways to allow proper patrol by law enforcement during hours
when the facility is closed.
5. Additional obstacles or other materials (ramps, jumps, etc.) May not be brought
onto the facility.
6. Signs must prohibit bicycles or motorized vehicles from using the facility.
7. The skateboard facility will be closed during periods of inclement weather.
8. The insured Entity will attempt to present a series of skateboard skill and safety
classes at least twice a year.
Questions regarding liability coverage for skateboard facilities and skateboard facility
standards should be directed to Alan W. Hulse, MMIA Risk Specialist. Alan can be
contacted at 1-800-635-3089.
MMIA
P.O. Box 785
Helena, MT 59624
IMPROVEMENTS AGREEJv1ENT
FOR
KIRK PARK
THIS AGREEMENT is made and entered into this ~ day of August, 2000 by
and between Gallatin County 4-H Skate Park Project hereinafter referred to as "Skatepark
Project" and the City of Bozeman, a municipal corporation of the State of Montana,
hereinafter referred to as "City."
WHEREAS, it is the intent and purpose of the Skatepark Project to meet the
conditions of approval for public parkland improvements allowing the creation of a
skatepark to be constructed at Kirk Park, as approved by the Bozeman City Commission;
and
WHEREAS, it is the intent and purpose of the Skatepark Project to construct the
skatepark in Kirk Park, and whereas, it is the intent and purpose of both the Skatepark and
the City to hereby enter into an agreement which will guarantee the filII and satisfactory
completion of all improvements on the property hereinaftcr described.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, it is hereby agreed as follows:
l. Improvements: This Agreement pertains to the improvcmcnts to the public park area
designated and identificd as Kirk Park, including, but not necessarily limited to, a
skatepark, landscaping, benning and related improvcmcnts constructed to meet the
standards established by the City's insurance carrier.
2. Inspection: The Skatcpark Project shall provide a timeline for construction. The
Skatepark Project will make provisions for the involvement of the City in the
preconstruction meeting, coordinate all work with the City of Bozeman parks division,
and schedule periodic inspections with the City at critical phases of construction.
3. Default: If the Skatepark Project shall default in or fail to fully perform any of its
obligations in conformance with the time schcdule under this Agreemcnt, and such
default or failure shall continue for a pcriod of thirty (30) days after written notice
specifYing the default is deposited in the United Statcs mail addressed to thc Skatepark
Project coordinator without being completely remedied, satisfied and discharged, the
City may elect to enforce any of the following specified remedies:
A. The City's reprcsentative, contractors and engineers shall have the right to
enter upon the property and perform such work and inspection, and the
Skatepark shall permit and secure any additional pcrmission required to enable
them to do so.
B. The City may enforce any other remedy providcd by law. These remedies are
cumulativc in nature.
I
4. Warranty: The Skatepark Project shall warrant against defects in these improvements
for a period of one year from the date of their written acceptance by thc City. The
Skatepark Project will provide the City with documentation that the contractor
selected to construct the project has proof of insurance, proof of Workman's
Compensation Insurance, a performance bond and a city business license. The
Skatepark Project has been provided with a copy of the City's insurance provider's
requirements for a skatepark and will dcsign a facility which will meet thc provider's
requirements.
5. Governing Law: This Agreement shall be construed according to thc laws of the State
of Montana.
6. Modifications or Alternations: No modification or amcndment of this Agreemcnt shall
be valid unless evidenced by a writing signed by the parties hereto.
7. Invalid Provision: The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof and this Agreement shall be
construcd in all respects as if such invalid or unenforceable provision were omitted.
8. Assignmcnt: It is expressly agreed that the Skatepark Project shall not assign this
Agreement in whole or part, or any of the improvements to the park covered under
this contract, without prior written consent of the City
9. No Waiver: No waiver of any provision of this Agreement will be deemed to
constitute a waiver of any other provision, nor will it be dcemed to constitute a
continuing waivcr unless expressly providcd for, nor will the waiver of any default
under this Agreement be deemed a waiver of any subsequent default or defaults of the
same type. The City's failure to exercise any obligation under this Agreement will not
constitute the approval of any wrongful act by the Skatepark Project or the acceptance
of any improvement.
10. Indemnification: The Skatepark Project hereby expressly agrees to indemnity and hold
the City harmless for and against all claims, costs and liability of every kind and nature,
for injury or damage received or sustained by any person or entity in connection with,
or on account of, the performance of work at thc development site and elsewhcre
pursuant to this Agreement. The Skatepark Project fulther agrces to aide and defend
the City in the event that it is named as a defendant in an action concerning the
performance of work pursuant to this Agreement except wherc such suit is brought by
the Skatepark Project. The Skatepark Project is not an agent or employee of thc City.
I I. Successors: This Agreement shall be binding upon, inure to the beneiit of, and be
enforceable by the parties hereto and their respectivc heirs, successors, and assigns.
2
SKA TEP ARK PROJECT
---- G' / .'
~,.VM ~<~ ..
By: .... . \.. . . ~).....
'1,t<<\.\e., ,~.,.I:" I ....,~H { ...^'
Ct"......'^"-\ tti~; IlAt:' .....'--~e.
STATE OF MONTANA )
SS:
County of Gallatin )
On this a day of ~~"'-<;.-\- , 2000, before me, a Notary Public for the State
of Montana, personally appeare~ ~. known to me to be the
(lo>"f\n'l.tU..e.JL rJ....~of Skatepark Project, the corporation that executed the foregoing
Improvements Agreement, and acknowledged to me that (s)he executed the same for and
on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and attixed my seal on
the day and year first written above.
~~ ~Llll_
otary Public for the State of Montana
Residing at ~h'\o.......~
My Commission Expires: u, ~d\-2.4>c5L
CITY OF BOZEMAN, MONT ANA
~c,_ ~UJL~
: D bra H. Arkell
Director of Public Service
STA TE OF MONT ANA )
SS:
County of Gallatin )
On the -t'lLfl day of , 2000, before me, a Notary Public
for the State of Montana, personall ppeared Debra H. Arkell, know to me to be the
person described in and who executed the foregoing Improvements Agreement as Director
of Public Service of the City of Bozeman, whose name is subscribed to the within
3
instrument and acknowledged to me that she executed the same for and on bchalf of said
City.
IN WITNESS WHEREOF, I have hereunto set my hand and aftixcd my seal on
the day d year first written above.
.- tJ2~f~/
<::<
Notary Publl~ State of Mon!ana
Residing at _" ~
My Commissio xpires: t - /o-'r{} J'
4
July 19, 2000
TO: Tim Cooper
City of Bozeman
FROM: Alan W. Hulse
RISK MANAGEMENT SPECIALIST
RE: REVISED SKATEBOARD FACILITY STANDARDS
As know, thc MMIA has elected to provide liability coverage for skateboard facilities.
Coverage for municipally operated skatehoard facilitics will be provided at no additional
premium through an endorsement to the MMIA Memorandum of Liability Coverage;
however, thc covcrage is depcndent upon the facility meeting a prescribed set of
standards. Prcliminary information has already been distributed to municipalities
expressing an interest in obtaining this coverage; however, the preliminary information
required fencing for all skatcboard facilities. Please note the requirement for fencing has
been eliminated from the final set of standards. To obtain the endorsement for liability
coveragc for skatehoard facilities, municipalities must submit a completed application to
the MMlA. Application forms are availablc from the MMIA (1-800-635-3089).
As adopted by thc MMIA Board of Dircctors, skatcboard facilities must mcct thc
following standards to be eligible for liability coverage through the MMIA Memorandum
of Liability Coverage:
1. The skateboard facility must be constructed as a Alow hazard@ skateboard faeility.
Low hazard skateboard facilities may include mini-banks, curbs, benches, rails of
less than two (2) feet in height, slanted snake-run trails, half-pipes of five (5) feet
or less, ramps of five (5) feet or Icss, vertical drops not cxceeding fivc (5) feet,
and open cement courts for riding grounds.
The design must avoid the use of landscaping material which would shed onto the
skating surface (sand, bark, gravcl, ctc.). The design must also provide for
drainage to prevent the colleetion of water in any area of the skateboard facility.
2. Thc insured entity must have an engineer or architeet, lieensed by the state of
Montana, certify that the plans and spccification for, and the construction of, the
skatehoard facility are in compliance with the specifications stated herein and the
requisite building material standards for similar construction. A statement to this
effect must be signed by the registered professional, with one copy attached to the
plans and specifications and another copy forwarded to the Authority for inclusion
in the Entity::::s file.
3. The 'Entity must post and maintain signs at the skatcboard facility which list the
local park and facility regulations and recommend the use of safety equipment by
facility users. Signs must prohibit the use of food or drink on or near the skating
surface. The hours of operation must hc commensurate with the opcration hours
of other park facilities and must be clearly postcd.
4. The skateboard facility must be located such that a clear line of vision exists from
the adjoining roadways to allow proper patrol by law enforcement during hours
when the facility is closed.
5. Additional obstacles or othcr materials (ramps, jumps, etc.) May not be brought
onto the facility.
6. Signs must prohibit bicycles or motorized vehicles from using the facility.
7. The skateboard facility will be closed during periods of inclemcnt weather.
8. The insured Entity will attempt to present a selies of skateboard skill and safety
classes at least twice a year.
Questions regarding liability coverage for skateboard facilities and skateboard facility
standards should be directed to Alan W. Hulse, MMIA Risk Specialist. Alan can bc
contacted at 1-800-635-3089.
MMIA
P.O. Box 785
Helena, MT 59624
-----