6.2. SR 10-18-1999 - Laserfiche WebLink

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FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) (WED) 10.13' 99 16:51/8T. 16:48/NO. 4261218975 P 5 . . . 13. Schedule: BMX shall provide to the City a schedule of all events prior to the race season each year. 14. Cleanup: BMX shall ensure that the Property is cleaned and clear of all refuse and garbage, and any other debris after all practices and/or racing events. BMX may arrange for refuse disposal services that the City uses for the adjacent park land, but BMX shall pay for all such refuse disposal services. 15. Revenue: All revenue connected with the operation of the Bicycle Track shall be the sole responsibility ofBMX, in conjunction with its By-Laws, operating agreements. and requirements promulgated and established by the American Bicycle Association. 16. IndemnitylHold Harmless: BMX shall bear the entire and sole responsibility for all debts, damages or injuries to all persons and property, arising out of, resulting from, or in any manner connected with the construction, maintenance and operation of the Bicycle T rock on or around the Property. B:MX agrees to indemnify and hold harmless the City, its agents and employees, from all such claims includini, without limiting the generality of the foregoing, claims for which the City may be. or may be claimed to be, liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph, including, without limitation, reasonable attorney's fees which City may incur by reason of any such claims or demands. RMX shall obtain. maintain and pay for such ieneralliability insurance coverage as will ensure the provisions of this Section, and set forth in Section 7 of this Lease. 17. Distrimimatiun: BMX shall have the right to restrict the use of the Property and Bicycle Track to only those persons who are members in good standing of the American Bicycle Association. However. BMX shall at all times use and operate the Property and Bicycle Track in a fair and non-discriminatory manner and shall not establish any rules or restrictions with respect to the use of the Property and Bicycle Track based upon any unlawful andlor discriminatory reason. If, in the sole and exclusive determination of the City. the use and operation of the Property and Bicycle Track by B}..1X will, in any manner, result in any form of unlawful discrimination. the City may require modification ofB}..1X's policies and procedures with respect to such use so as conform with any and all applicable legal restrictions and requirements. 18. Restroom and Utilities: BMX shall provide. maintain and pay for portable toilets. BMX shall be responsible for the cost of all utility services supplied to the Property and Bicycle Track and shall arrange for such services to be billed directly to BMX by the provider thereof. 19. Controlled Substanc:es and Alcohol: The consumption and/or sale of all controlled substances (as defined by Minnesota Statutes) and intoxicating beverages of any kind, at the Property and Bicycle Track, is strictly prohibited. 8MX shall be responsible for enforcement of this prohibition. 20. Prohibition Against For-Profit Commercial Use: No for-profit commercial operation of any type or sort shall be operated upon the Property or the Bicycle Track at any time by BMX or any other party, nor shall BMX permit or authorize any third persons to conduct such for-profit commercial enterprises. Provided, however) that nothing herein shall be deemed to 4