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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 4 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />practices and/or sanctioned racing events shall provide to BMX the Waiver of <br />Liability/Hold Harmless, signed by the parent/guardian for all participant /entrants who <br />are mmors; <br /> <br />f. Take all necessary action to assure that all bicycles used in practices and <br />sanctioned races shall be periodically inspected for inclusion of proper equipmt:nt and <br />safety devices in accordance with accepted standards for this type of use. This inspection <br />shall also extend to the rider. so as to ensure that all riders have the necessary safety <br />equipment for participation in BMX bike racing. The Trained Supervisor shall be <br />responsible tor conducting the inspections. <br /> <br />g. At all times use the Property and operate the Bicycle Track in a clean, safe and <br />non-disruptive manor. BMX shall be responsible for all repair and maintenance of the <br />Property and the Bicycle Track including, without limitation, maintenance of vegetation, <br />regular and routine cleanup and disposal of refuse and garbage, and all other activities <br />which may arise from time to time as necessary to ensure that BMX's use of the Property <br />and operation ofthe Bicycle Track conforms with the provisions of this section. <br /> <br />9. Additional Improvements: BMX shall not make any additional improvements to <br />lhe Property without the prior consent of the City. This section docs not apply to routine <br />maintenance requirements of BMX as set forth above. <br /> <br />a. Construction of any structures shall require a building pennit from the City. <br /> <br />10. Hours of Operation: No use of the Property or Bicycle Track shall be made or <br />permitted by BMX or any other persons when the City park is closed, except during the <br />following hours: <br /> <br />8:00 a.m. to 9:00 p.m., or dusk, whichever first occurs; unless otherwise approved by the <br />Park and Recreation Commission and the City. <br /> <br />If, in the sole opinion of the City, the hoW" restrictions provided for in tins section are insufficient <br />to provide adequate peace and quiet to the neighborhood in the area of the Property, City may <br />designate and impose additional restrictions on the hours of operation or duration of operation of <br />any events to be held at the Property. <br /> <br />11. Trained Supervisors: BMX shall provide, at its expense and at no expense to the <br />City, and subject to approval by the City, responsible supervision during all practices and/or <br />racing events conducted at the Bicycle Track. At least one supervisor shall be both First Aid and <br />CPR certified at all times during all practices and/or racing events. <br /> <br />12. Parking: BMX shall conduct all practices and racing events at the Bicycle Tract so <br />as to prevent or minimize parking problems for adjacent City park uses. including the adjacent <br />City ball fields. No vehicles shall be driven or parked off the parking area or designated <br />vehicular use areas. <br /> <br />3 <br />