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HomeMy WebLinkAboutC99-013 MOU_Mt. Sopris Skateboarding Organizationcqq- / .5 - q7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is between Eagle County, Colorado (County) and Jamie Gomer, Petar Kovacic, Royal Laybourn and Herb Weisbard, who have formed an informal group called the h A. Sopris Skateboarding Organization (Organization). The purpose of this MOU is to set forth the ground rules pursuant to which County will permit Organization to use the "Tree Farm" property for skateboarding and in -line skating. This agreement becomes effective when it is signed by the County and it will continue until it is ended by either party giving notice to the other. No matter what, it ends December 31, 1999, unless the parties agree to extend it beyond that date. By way of background, County owns the property commonly known as the Mt. Sopris Tree Farm. On the upper end of the Tree Farm there are two former nursery buildings, in one of which Organization constructed skateboarding/in-line skating courses (Skateboard Building), which have been used by the Organization and the public. The buildings are reached by a Forest Service Road passing some Forest Service residence buildings and over which the County has rights of use only by US Forest Service permission. County cannot and does not maintain the Tree Farm buildings. Count; has not been involved in the construction of the skateboard courses and cannot maintain them. Right now County cannot supervise use of the road, the buildings or the skateboard courses. County agrees to permit the use of the Skateboard Building by Organization for skateboarding and in -line skating activities. Specifically, County will permit Organization to maintain and use the skateboard courses previously built. In addition, County will provide electricity for lighting inside the Skateboard Building. Organization will be responsible for "policing" the Skateboard Building and the access to it on a regular basis, for maintaing the skatebourd courses in safe condition, for encouraging safe practices in the use of the skateboard courses, and for safe and neighborly use of the Skateboard Building and the access to it: Specifically, Organization will: Post "Rules" for the use of the property inside the Skateboard Building. The Rules will be printed both in English and in Spanish. The Rules must state, at a minimum, that Skateboarders skate at their own risk. The skateboard/in-line skating courses have been constructed and are maintained by private individuals. All skateboarders and in -line skaters are required to use appropriate safety . equipment at all times. Required equipment includes helmet, knee pads, wrist guards and elbow pads. GABOBWIPISKA'TE.MOU \ftp/ 1� There is a 9:00 p.m. curfew. Everyone must leave the Tree Farm by that time. Turn out the lights when you leave. The access road is private, used by permission only. Drive slowly (no more than S MPH). No loud music or other noises while traveling the road. No loud music or other noise at the Tree Farm which may be heard by neighbors. No alcoholic beverages and no drugs at the Tree Farm. Provide a port -a -potty adjacent to the Skateboard Building which must be supplied, cleaned and emptied with whatever frequencies (minimum weekly) are recommended by the service company for the volume of use it receives. Organization will give a copy of its contract to County, which contract will provide that the County Buildings & Grounds Department will be notified in the event of any change or cancelation of the contract. Provide at least one garbage can in or adjacent to the Skateboard Building. Collect and dispose of trash with sufficient frequency (minimum weekly) to keep the Skateboard Building and adjacent grounds (including parking area) reasonably neat and clean. Remove all grafitti if and when it appears. The Organization will routinely have adult members visit the Skateboard Building to inspect for cleanliness and damage, to supervise people using the the skateboard courses and to supervise users' observance of the Rules. The supervisor will immediately notify the Sheriffs Office if he or she observes unsafe conduct, speeding on the road, drinking, or other suspicious or dangerous activity. The supervisor will immediately (or the next business day) notify the County Buildings & Grounds Department if he or she observes property damage, excessive noise or the pay phone or lights are not working. The Organization will not install or construct any improvements on the Tree Farm property without the prior written consent of County. The Organization will not install or construct any improvements to the skateboard courses without promptly notifying the County Buildings & Grounds Department (but it may perform maintenance of the existing courses without giving notice to the County). The Skateboard Building is not locked and Organization will not attempt to lock it. Any member of the public will be allowed to use the skateboard courses. There will be no "special events" use of the Skateboard Building without prior written permission from the County Building & Grounds Department (and that permission must be obtained before there is any advertising or spunsor enlistment for the proposed event). The Skateboard Building cannot be reserved for a particular person or group of persons. There can be no paid (compelled or "donation") admission. There can be no events conducted at which money prizes are given. GABOMMSKATE.MOU 2 JAN-14-1999 0:58 RFBS 00LTS 9709279841 P.01 . IvW/ The County encourages the Organization to obtain and maintain comprehensive general liability insurance for the benefit of its members and the County, with coverage limits not less thaw $150,000 per person, $600,000 per occurrence, $50,000 property damage. This agreement can be ended immediately by either party for any reason, by giving notice to the other party. Notice can be oral if it is promptly confirmed by a writing. If there are complaints about the amount, speed or noise of traffic on the road leading to the Tree Farm, this agreement will end and no further access will be allowed_ if the Forest Service withdraws permission for use of its road to access the Tree Farm for recreational uses, this agreement will end. The Organization should contact the County by contacting: Rich Cunningham, Manager Eagle County Facilities Management Department P.O. Box 850 Eagle, CO 81631 tel 970-328-8700 fax 970-328-7720 The County should contact the- Organization by contacting: Petar Kovacic P.O. Box 28253 El Jebel, CO 81628 tel 970-963-4109 fax 970-_474 3, -y 10 . 0- 9 JR7-?74/ Signed thiday o 9 1-1�. "MT. SOPRIS SKATEBOARD ORGANIZATION " -- J 'e Go , t98 Box 28253 Roy bourn, 291 ountain View Dr. Bl be1, C Carbondale, CO 81623 etar ov cic, PO Box 28253 4Hb Weisbard, 0147 Grange Ln, El Jebel, CO 81628 Carbondale, CO 81623 cAsoa MSKATE Moo 3 TOTAL P.01 L./ ATTEST: eA(:LC O� CO v u i 4 h K * +n '.top A"° Clerk to the BoAd of County Commissioners g:\bobwip\skate.mou File 87-111 G:\BOMASKATE.MOU COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS I: of 0 � 4 wplovam- � I Ev, eld OLM � M�" Johnnette Phillips 0aiwia-f. Y DISTRIBUTION Originals to: 1. Contract Book 2. FLT x�& — ( ( 3. RM Se) Qk a S � �1 4. Ga c-t Copies to: 1. Accounting 2. 3, 4.