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RESOLUTION 2020-7
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Black Elk Trail Association (BETA) would like to create a mountain bike
trail on city owned property in Black Elk Neihardt park, and
WHEREAS, the trails will be open for public use with trail conditions permitting and
BETA may establish and enforce reasonable operational rules and regulations for the trail as
approved by the Park Board, and
WHEREAS, a Memorandum of Understanding is attached marked "Exhibit A" to define
and specify the cooperation and expectations between BETA and the City of Blair for the building
and maintaining of mountain bike trails in Black Elk Neihardt Park,
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Memorandum of Understanding attached hereto,
marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is
hereby approved by the City of Blair, Nebraska, and the Mayor and City Clerk are hereby
authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that
may be necessary for approval of said agreement.
COUNCIL MEMBER ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, RUMP, WILLIS, ANDERSEN,
WOLFF, JENSEN AND HALLVOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 25TH DAY OF FEBRUARY 2020.
CITY OF BLAIR, NEBRASKA
BY
RICHARDRAMON, MAYOR
ATTEST:
RENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Cleric of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of
February 2020.
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BRENDA WHEELER, CITY CLE
MEMORANDUM OF UNDERSTANDING
between
Black Elk Trail Association (BETA)
and
City Of Blair (City)
I. Purpose — The purpose of this MOU is to specify the cooperation and expectations between BETA,
and the City for the building and maintaining of mountain bike trails in Black Elk Park.
II. Agreement Term - This MOU shall commence on the date of execution and terminate on
2023- provided, that this MOU may be extended thereafter for additional
three (3) year periods upon the mutual written agreement of the parties, unless either party notifies the
other of its decision to terminate the MOU. Such notification must be furnished to the other party in
writing at least 30 days before the MOU is terminated.
III. Property Control - Black Elk Park is owned by the City and operated through its Parks, Department,
hereinafter referred to as Parks. The trails shall be for nonmotorized bikes and hikers. All rules and
regulations governing park property shall remain in effect.
BETA may establish and enforce reasonable operational rules and regulations for the trail as approved
by the Park Board.
IV. Trail Availability - These trails will be open for public use with trail conditions permitting. The trail
will be closed to the public when an approved trail event is scheduled. All events must first be approved
by the Parks Department. The BETA Black Elk Park Trail Leader shall email the parks department for
event approval for all events 30 days in advance.
V. FEES - No fee shall be established or collected for the public use of the trails. Approved
events promoters may charge for participation in the events.
VI. Trail Construction - All trail construction and related improvements shall be undertaken by BETA.
All construction must first be reviewed and approved by the Parks. All trail design and construction
shall meet the guidelines of the International Mountain Bike Association.
VII. Trail Maintenance - BETA shall be responsible for the on-going daily maintenance of the trails. This
includes, but is not limited to, mowing, trimming branches and any other tasks needed to keep the trails
in good riding condition. The purchase and use of any and all equipment and supplies necessary for the
maintenance of the trails shall be, the responsibility of BETA, along with repairing and filling washouts
and or holes. Repaired areas shall be seeded with seed mixture approved by Parks Department.
The City shall be responsible for maintenance of the grounds surrounding the trials and the parking
lots.
VIII. Non -Funding Obligation - Either the City or BETA may provide financing for future improvements of
the trails, but neither are obligated to contribute funds or reimburse the other party. Regardless of the
funding entity, all improvements must be referred for Parks review, and approval must be granted prior
to the initiation of such improvements.
IX. Reports - Prior to January 31st of each year, a report of the prior year's activities concerning the
Park trails, including a list of BETA's Board of Directors, their addresses and phone numbers, and a
general membership list, shall be submitted to the Director of parks and the park board.
X. Insurance and Indemnification - Prior to participating in BETA activities associated with the
construction or maintenance of the trail, each trail worker must have signed an accident waiver and
release from liability agreement that indemnifies and holds harmless the City and BETA.
BETA and the City shall give prompt and timely notice of any claim made or suit instituted which, in any
way, directly or indirectly, contingently or otherwise, affects or might affect either party.
BETA shall procure and maintain in effect during the term of this MOU, with companies licensed to do
business in the State of Nebraska, public liability insurance with minimum policy limits of $1,000,000 per
occurrence, $2,000,000 aggregate for bodily Injury and property damage.
Said policy shall expressly include the City of Blair as an additional insured. A certified copy of the policy
or certificate shall be delivered to the Director of Parks.
XI. Principle Contacts
Stephen Brent Fullmer
Park Trail Leader
stephenfullmer@yahoo.com
402-237-1362
Pat Long
Parks Superintendent
patl@blairnebraska.org
402-533-8589
XII. Authorized Representative –This Memorandum of Understanding between BLACK ELK TRAIL
ASSOCATION and the CITY OF BLAIR NEBRASKA is hereby made and entered into on __ / _ /
Stephen Brent Fullmer
BETA Trail Leader
Signature:
Pat Long
City of Blair Park Superintendent
Date: / _ /
Signature: Date:—/—/