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<br />FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) <br /> <br />(WED) 10.13' 99 16:50/8T. 16:48/NO. 4261218975 P 3 <br /> <br />. <br /> <br />hundred thousand dollars ($600,000) per occurrence. BMX shall provide to the City a <br />Certificate of Insurance in a form as approved by the City. If at any timc during the term of this <br />Lease, the insurance to be maintained by BMX as set forth herein shall he canceled or <br />terminated, then this Lease shall be deemed to have been terminated and expired as of the date <br />that such insurance coverage shall have ceased, and all rights of BMX to use the Property or <br />operate the Bicycle Track shall cease immediately, effective as of such time and date. Bl\1X <br />shall provide the City 30 days notice of such cancellation or termination and shall comply with <br />the requirements of Paragraph 25 of this Lease. <br /> <br />8. Minimum Requirements for Construction, Maintenance and Operation of <br />Bicycle Track: BMX shall, at its expense, and at no expense to the City: <br /> <br />a. Construct, maintain and operate the Bicycle Track to conform to all generally <br />recognized and accepted standards and specifications for recreational facilities of the type <br />intended to be constructed, and in compliance with all requirements and standards <br />promulgated and established by the American Bicycle Association and in accordance <br />with all applicable laws, codes, and regulations. Plans and specifications for construction <br />of the Bicycle Track shall be submitted to the City for its review, comment and approval <br />prior to commencement of construction. <br /> <br />. <br /> <br />b. Establish appropriate safety rules including rules controlling the number of <br />people using the track at anyone time, a copy of which shall be provided to the City. In <br />addition, BMX shall have a Trained SupeIVisor as provided in Section 11 herein on the <br />premises at aU times during hours of operation to monitor activities on the track to ensure <br />safe riding and to ensure that the conduct and behavior of such persons is appropriately <br />restricted to conform to the intent of this section. Further, BMX shall post signs at the <br />entrance to the premises or track identifying the BMX as the operator and stating rules of <br />operation. <br /> <br />c. Enclose the entire racing area of the Bicycle Track with a secure, chain link <br />fence with a gate capable of being locked, with a height of not less than (6) feet, so as to <br />allow and permit BMX to control access to use of the Bicycle Track by the public at <br />large; . <br /> <br />d. Maintain the Bicycle Track surface to a level so that the track is well groomed <br />at all times, es~ially after rain and water runoffhas occurred. BMX's obligation of <br />maintenance set forth herein shall also extend to those areas bordering the Bicycle Track <br />surface so that any and all border markings are kept visible above sWTounding grassy <br />areas at all times that the Bicycle Track is in use; <br /> <br />. <br /> <br />e. Maintain adequate safety measures as necessary to maintain proper placement <br />of spectators and Wlauthorized personnel so as to minimize the potential for inlcrfcreIlce <br />with riders on the Bicycle Track during practices or during sanctioned races; BMX shall <br />require all participants/entrants in practices and sanctioned races to sign a Waiver of <br />Liability/Hold Harmless Lease in favor of the City, in a form as set forth on Exhibit B <br />attached hereto and made a part hereof. BMX shall ensure that each entrant/participant in <br /> <br />2 <br />