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HomeMy WebLinkAboutGarlic City BMX - MOU for Potential BMX Park (2019)This Memorandum of Understanding ("MOU") entered into as of this ;04, day of __%tw, , 2019, is intended to set forth certain understandings, undertakings, and agreen0ats by and between the Garlic City BMX, a California non-profit corporation ("GCBMX") and the City of Gilroy, California, a body corporate and politic, ("City") concerning the development of a BMX style skills park ("BMX Park") located on property at Christmas Hill Park in Gilroy. RECITALS WIREERENS, the City promotes and provides safe and comprehensive community facilities, programs, and services to enrich the quality of life for all residents and visitors; WHEREAS, GCBMX is a non-profit organization dedicated to improving bike skills in the City of Gilroy and is committed to: (i) advocacy for all bike riders, (ii) building and maintaining bike skills parks, (iii) teaching proper park use, and (iv) working with governmental entities to create programs at bike skills parks for the community, and WHEREAS, the City and GCBMX wish to enter into this MOU to establish a framework of cooperation upon which mutually beneficial programs, work projects, and bicycling facilities may be planned by the City and GCBMX at Christmas Hill Park with such mrograms, projects and facilities complementing the missions of the City and GCBMX, and are done in the best interests of the public. NOW THEREFORE, the City and GCBMX have determined to undertake this MOU setting out certain elements of their intended cooperation with respect to a BMX Park. AGREEMENT 1) The City and GCBMX are contemplating the possibility of building and operating a BMX Park at Christmas Hill Park, and that the division of responsibilities between them could be similar to that outlined herein. a) If a BMX Park is built, then the general responsibilities of GCB�� are contemplated to be: i) Provide as -needed maintenance, no less than one-time per month, using its own tools. 11) Keep a documented site -maintenance log. iii) Provide and empty trash receptacle(s). iv) Provide and manage a port -a -potty, as needed. QW-6516-16141 ALRO470M v) rrovide and maintain adequate signage to be mutually agreed upon by CITY and GCBMX. vi) Provide general maintenance and upkeep at, and near to, the BMX Park. b) If the BMX Park is built, then the general responsibilities of City are contemplated to be: i) Provide access to GCBMX for construction, ongoing maintenance, and emergency response. ii) Work with GCBMX to coordinate an emergency response plan for the BMX Park. iii) Permit GCBMX to hold minor special events open to the public at the BMX Park, at no cost to GCBMX, so long as these events do not require additional city resources above and beyond typical demand at Christmas Hill Park. Larger special events that require, for example, additional police, maintenance crews, and/or administrative staff would be authorized by normal City procedures allowing for cost recovery by City via the typical special event permit process. iv) Allow GCBMX to keep a locked tool cache on -site at the Park. 2) This MOU is neither a fiscal nor funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties shall be handled in accordance with applicable laws, regulations, and procedures. If agreed upon, such endeavors would be the subject of separate agreements to be entered into by the City and GCBMX. 3) City shall have sole approval rights and authority over all development of the BMX Park and organized activities GCBMX may undertake at the Park. 4) Nothing in this MOU shall restrict or prohibit either parry from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 5) The terms of this MOU are non -binding. Nothing herein shall obligate either the City or GCBMX to expend or allocate appropriations or to enter into any contract or other obligations. The entering into this MOU is not a project under the California Environmental Quality Act (CEQA). 6) Both parties shall comply with all local, state, and federal laws, including but not limited to, executive orders, regulations, and policies relating to non-discrimination. 7) The initial term of this MOU shall be one year from the date first above written. This MOU may be extended, modified or amended upon the written consent of both 4810-6516-16140 ALRO4706083 parties or may be terminated with 30-day written notice by either party. Notices shall be given as follow: a) To the City: Attn: City Administrator City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 b) To GCBMX Attn: Mary Garcia, President Garlic City BMX 803 Lawrence Dr. Gilroy, CA 95020 In witness whereof, the parties hereto have executed this MOU below: Garlic Citv BMX City of Giillroov y. m/ TT Nae. � an-y Garcia Na tip. Gab -el A. vl L ;vim Title: President Dag/`� Approved as to Form: Gilroy City Attor ffice By f Ci Attorney Title: City Administrator Date:A-2!z7 Z©Z 9 ATTEST: 4810-6518-1614A ALF\04706083