MEMORANDUM OF UNDERSTANDING ‘This MEMORANDUM OF UNDERSTANDING made as of this___ day of eS 2022 by and between the City of Pittsfield acting through its Park ‘Commission (the “City”) and the New England Mountain Bike Association (‘NEMBA”) regarding an agreement for the design, construction and maintenance of a bicycle skills park at Springside Park (the “Bike Skills Park”). WHEREAS, the City would like to make a Bike Skills Park available to its residents and others; and WHEREAS, NEMBA is a Massachusetts Non-Profit Corporation which has assisted other communities in establishing pump tracks has proposed to provide and to donate to the City the design for the Bike Skills Park; and WHEREAS, NEMBA has further proposed to fundraise sufficient funds to pay for the construction and removal of the Bike Skills Park, and perform all required maintenance activities on a constructed Bike Skills Park; and WHEREAS, NEMBA has agreed to donate the funds it raises for the Bike Skills Park to the City; and WHEREAS, the City has agreed to accept the donation of the design and of the funds to construct and remove the Bike Skills Park from NEMBA if the funds raised are sufficient for their intended purpose, NOW THEREFORE, the parties agree as follows: 1. The City has designated a location for the Bike Skills Park in Springside Park. 2. Onor before , NEMBA will provide the City with fully engineered, stamped design plans and construction plans for the Bike Skills Park to be built in its designated location in Springside Park. The plans shall be sufficient to permit the Bike Skills Park to be built and to allow the City to put the construction of the Bike Skills Park out to bid. 3. Onor before , NEMBA shall provide the City with the estimated cost for the construction and removal of the Bike Skills Park. 4, Onor before, , NEMBA shall donate to the City the funds it has raised for the construction and removal of the Bike Skills Park and which the parties have agreed is sufficient for that purpose. The funds raised by NEMBA for the removal of the Bike Skills Park shall held be held by the City in fund available to pay for the removal of the Bike Skills Park (the “Removal Fund”). Fifty percent (50%) of the fiunds for removal shall be released to NEMBA or its designee on the 5® anniversary of the opening of the Bike Skills Park. The balance, if not expended for Scanned with CamScannerthe removal to the Bike Skills Park shall be released to NEMBA or its designee on the 10" anniversary of the opening of the Bike Skills Park. 5. Once all the funds for the construction and removal of the Bike Skills Park have been received by the City, the City will then obtain bids for the construction of the Bike Skills Park and award the bid to the lowest qualified bidder. 6. The successful bidder shall apply for and obtain all permits required for the construction of the Bike Skills Park. ‘The City shall supervise and oversee the construction of the Bike Skills Park. NEMBA agrees that it shall maintain the Bike Skills Park in accordance with a schedule of maintenance that is to be developed as part of the formal design process. Itis the intention of the parties that any and all cost incurred for such maintenance shall be borne by NEMBA for the lifetime of the Bike Skills Park. 9. NEMBA shall obtain and maintain an insurance policy naming the City as an additional insured, in an amount sufficient to protect NEMBA and the City from any claim, loss or damage arising out of the design and maintenance of the Bike Skills, Park 10. In the event, there are insufficient funds raised by NEMBA to ensure the construction and removal of the Bike Skills Park, either party may terminate this Agreement upon written notice to the other. CITY OF PITTSFIELD NEMBA Parks Commission BY: BY: Scanned with CamScanner