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HomeMy WebLinkAboutContract 45522 CITY SECRETARY COWRACTW,!� ADOPT-A-PARK AGREEMENT THIS ADOPT-A-PARK AGREEMENT ("Agreement")is made by and between the CITY OF FORT WORTH, a home rule municipal corporation situated in the State of Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and FORT WORTH MOUNTAIN BIKERS' ASSOCIATION, a Texas non-profit corporation (hereinafter referred to as "Adopter"), acting by and through its duly authorized President. SECTION 1 DESCRIPTION OF PROPERTY 1.01 The City hereby engages the Adopter, and the Adopter hereby agrees to construct and maintain mountain bike trails ("Trails") in the City parks known as Gateway Park located at 4800 East First Street, Fort Worth, Texas 76111 and Marion Sansom Park located at 2501 Roberts Cut-off Road, Fort Worth, Texas 76114 (collectively referred to herein as the"Parks") as further described in Exhibit A, attached and incorporated into this Agreement. SECTION 2 DUTIES AND RESPONSIBILITIES 2.01 Adopter shall, at its sole cost and expense, construct and maintain the Trails in accordance with this Agreement. Any construction and maintenance of the Trails shall be subject to the following: a. Adopter shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by the City. b. Prior to beginning construction of any new Trails on the Parks, the Adopter must first obtain the advance written approval of the City's Director of the Parks and Community Services Department or that person's designee ("Director"). City and Adopter agree that Adopter will construct the Trails (i) in accordance with a set of plans and specifications pre-approved by Director prior to beginning any construction; (ii) in accordance with all applicable laws, ordinances, rules, regulations, and specifications of all federal, state, county, city, and other governmental agencies applicable to the Parks now or hereafter in effect; (iii) in a good and workman like manner; and (iv) in accordance with industry standards of care, skill, and diligence. Adopter shall be solely responsible for initiating, maintaining, and supervising all safety precautions in connection with construction or material alteration of the Parks and Adopter's use thereof. Any work by Adopter prior to approval by the Director may be ordered stopped at the discretion of the Director and subject to removal and replacement by Adopter. c. Trail maintenance shall include, but not be limited to, repairing, replacing, and rebuilding trails or sections of trails that are eroding or in disrepair; pruning of trees; removal of brush; and litter control. Adopter shall keep the City informed of any modification planned for the Parks and shall not conduct any modifications, including, but not limited to, trimming and pruning, until written approval is obtained from the Director. Adopter shall provide the City M with any maintenance schedules. C`) M d. Adopter shall not permit motorized vehicles, excluding mowing equipment, on turf areas within the Parks without advance written permission by the City. All vehicles shall remain on ® paved surfaces. 1 e. Adopter shall have the right to erect signs in compliance with all federal, state and local statutes, ordinances, rules, regulations and specifications, displaying the Trails and the sponsorship of the activities by the Adopter, subject to the prior approval of the Director. Adopter shall post safety guidelines for the Trails. 2.02 The City will perform the following: OFFICIAL WORD Fort Worth Mountain Bikers'Association Adopt-A-Park Agreement 2014 Page 1 of 12 t SECRERAR F �� V ,.sr rx a. Make inspections to determine compliance with this Agreement. b. Maintain other park amenities within the Park c. City will mow or cause to be mowed the Parks in accordance with City's most current mowing practices. Adopter may mow and trim the area on a more frequent basis at its sole cost and expense. Adopter shall remove all trash and litter from the entire area prior to initiating any mowing of the turf area. Trim guards shall be used on line trimmers when working around trees. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. With prior written approval of the Director, Adopter may prune trees and clear brush. All debris resulting from pruning and clearing shall be removed by Adopter. Adopter shall not remove any tree without prior written permission from the City Forester. 2.03 In the event that any City-owned property, such as utilities, park development improvements, equipment, turf, and the like are damaged or destroyed by the Adopter during the performance of the Trail services hereunder, including, but not limited to, construction and maintenance of the Trails, Adopter shall be solely responsible for all repairs or replacements. The City shall determine whether any damage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether Adopter is responsible. The City shall be the sole judge of the damage to the premises, in which judgment shall be exercised reasonably. Any damage by Adopter shall be repaired or replaced by Adopter to the reasonable satisfaction of the City within thirty (30) calendar days of receipt of written notification from the City, unless agreed to otherwise by the parties in writing. SECTION 3 TERM OF AGREEMENT 3.01 Unless terminated earlier pursuant to the terms hereof, this Agreement shall be for a term of five (5)years beginning the I`day of April,2014, and ending on the 31 st day of March, 2019 ("Initial Tenn"). The Initial term may be renewed by mutual, written agreement of the parties for two (2) successive five- year terms under the same conditions and terms ("Renewal Terms"). Adopter must advise the City in writing of its intent to renew this Agreement at least 30 days, but no earlier than 90 days, prior to the termination date of the Initial Term or the two successive five-year renewal Terms,as applicable. SECTION 4 ALTERATIONS AND ADDITIONS 4.01 Adopter shall not make or cause to be made any alterations, additions, or improvements to the Parks without the prior written consent of the Director as set forth above in Section 2. The Director reserves the right to either approve or disapprove of any plans, either in whole or in part, as may be necessary in its sole and absolute discretion. 4.02 All alterations, additions, and improvements, including, but not limited to, the Trails, to the Parks made with the written consent of the Director shall,upon completion and acceptance by the City,become the property of the City. SECTION 5 RIGHT OF ACCESS 5.01 The City does not relinquish the right to control the management of the Parks, or the right to enforce all necessary and proper rules for the management and operation of the same. The City through its City Manager, Director, Police and Fire personnel, and other designated representatives, has the right at any time to enter any portion of the Parks (without causing or constituting a termination of the use or an interference of the use of the Parks by Adopter) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of public property; Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 2 of 12 provided this shall not authorize or empower City to direct the activities of Adopter or assume liability for Adopter's activities. 5.02 The City reserves the right to modify or remove any improvements made by Adopter, including, but not limited to, the Trails, at the Parks as deemed necessary by the Director, in its sole discretion, for situations that include, without limitation,the following: a. Adopter ceases to maintain the Parks according to this Agreement. b. The Parks becomes a hazard to the general public. c. The City determines, in its sole discretion, that another beneficial use for the Parks exist, to include, without limitation, street relocation, street realignment, and the installation of any public utilities or improvements. SECTION 6 INDEMNIFICATION,LIABILITY, AND WAIVERS 6.01 ADOPTER AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,INCLUDING DEATH, THAT MAYRELATE TO,ARISE OUT OF OR BE OCCASIONED BY O ADOPTER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(ii)ANYACT OR OMISSION OR INTENTIONAL MISCONDUCT OF ADOPTER,ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIM, VOLUNTEERS, OR SUBCONTRACTORS, RELATED TO INSTALLATION AND MAINTENANCE OF IMPROVEMENTS IN OR TO THE MEDIANS, RIGHT-OF-WAYS, PARKS, AND CREEKS LOCATED WITHIN THE PARKS, OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR WILLFUL ACTS OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR WILLFUL ACTS OF BOTH ADOPTER AND CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 6.02 Adopter covenants and agrees that the City shall in no way nor under any circumstances be responsible for any property belonging to Adopter, its members, employees, agents, contractors, subcontractors, invitees, licensees, volunteers or trespassers, which may be stolen, destroyed, or in any way damaged, and ADOPTER HEREBY INDEMNIFIES AND HOLDS HARMLESS THE CITY FROM AND AGAINST ANY AND ALL SUCH CLAIMS. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Adopter, its members, employees, agents, contractors, subcontractors,invitees, licensees,or trespassers on any of the premises. 6.03 Adopter agrees to forever release and waive all claims against the City, its departments, officers, agents, employees, and representatives for any and all claims, lawsuits, damages, and liabilities, including, but not limited to,personal injury(including death) and property damage or loss,from any act or omission of Adopter, its employees, officers, agents, representatives, and volunteers in connection with this Agreement. Adopter shall ensure that each and every community participant or volunteer that assists the Adopter in the fulfillment of this Agreement executes the City's release, waiver, and indemnification agreement before providing or performing any services at the Parks, a copy of which is attached hereto as Exhibit B. Adopter shall retain a copy of said agreement during the term of this Agreement and for three years thereafter and shall provide the City with all originals upon request. Adopter acknowledges and Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 3 of 12 understands that the waiver, release, and indemnification agreement attached as Exhibit B is only effective for one year from the date of signature of each individual community participants; therefore, Adopter shall ensure that each community participant is current prior to allowing that person to provide or perform any services at the Parks. 6.04 It is further agreed that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable, or any other defense recognized by the Statutes and Court decisions of this State. SECTION 7 INSURANCE 7.01 The City will not require insurance under this Agreement unless the fulfillment of any obligations hereunder requires the use of a contractor or riding equipment, which may include, without limitation, a riding lawnmower or bulldozer. If the fulfillment of any obligations requires the use of a contractor, then the contractor must have, at a minimum, insurance coverage as detailed below. Likewise, if the Adopter desires to use riding equipment to fulfill any obligation under this Agreement,then the Adopter must have, at a minimum, insurance coverage as detailed below. Prior to commencing any work, the Adopter and/or its contractor (as applicable) shall deliver to City, certificates documenting this coverage. The City may elect to have the Adopter or its contractor submit its entire policy for inspection. All insurance must be maintained through the term that such activities take place on the Parks. a. Insurance coverage and limits: i. Commercial General Liability Insurance$1,000,000 each occurrence ii. $2,000,000 aggregate b. Automobile Liability Insurance: i. Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident;and$250,000 property damage. ii. The named insured and employees of Adopter or its contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading,unloading and transporting materials collected under the Agreement shall be included under this policy. c. Worker's Compensation: i. Coverage A: statutory limits ii. Coverage B: $100,000 each accident iii. $500,000 disease-policy limit iv. $100,000 disease-each employee d. Miscellaneous i. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the services. ii. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 4 of 12 iii. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. iv. A minimum of thirty(30) days' notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days' notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto Adopter's or its contractor's insurance policies.Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. v. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. vi. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups also must be approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. vii. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Agreement. viii.The City shall be entitled, upon its request and without incurring expense, to review the Adopter's or its contractor's insurance policies including endorsements thereto and, at the City's discretion the Adopter or its contractor may be required to provide proof of insurance premium payments. ix. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. x. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of contractor's overhead. xi. All insurance required above shall be written on an occurrence basis in order to be approved by the City. xii. Adopters that do not have employees or automobiles will not be required to obtain Auto Liability or Worker's Compensation insurance. SECTION 8 CHARITABLE ORGANIZATION 8.01 Adopter agrees that if it is a charitable organization, corporation, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P.R.C., § 84.001 et seq., or other applicable law, that Adopter hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. If applicable,Adopter annually shall submit proof of 501(c)(3) eligibility to the City. SECTION 9 INDEPENDENT CONTRACTOR 9.01 Adopter shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Adopter shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder,and all persons performing same,and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and Adopter, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and Adopter. Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 5 of 12 SECTION 10 COMPLIANCE WITH LAWS; LICENSES AND PERMITS 10.01 This Agreement will be subject to all applicable federal, state and local laws, ordinances,rules and regulations,including,but not limited to, all provisions of the City's Charter and ordinances,as amended. 10.02 Adopter shall obtain and keep in effect at its own cost and expense all licenses and permits, and pay all taxes incurred or required in connection with this Agreement and its operations hereunder. SECTION 11 LIENS 11.01 Adopter agrees not to take any action that would result in the creation of any lien on City property. In the event that a lien is filed, as a result of any action of Adopter,Adopter will take all necessary steps to bond around or remove the lien within 10 days of its filing. SECTION 12 TERMINATION AND DEFAULT 12.01 Either party may terminate this Agreement without cause by the giving of 30 days' notice in writing to the other party. 12.02 Adopter shall be in default under this Agreement if Adopter breaches any term or condition of this Agreement and such breach remain uncured after 30 calendar days following receipt of written notice from the City referencing this Agreement (or, if Adopter has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith). After notice and opportunity to cure as provided in this Agreement, the City shall have the right, and without further notice, to declare this Agreement immediately terminated and to enter into and take full possession of the Parks save and except such personal property and equipment as may be owned by Adopter. In the event of such cancellation or termination of this Agreement by the City, all rights and privileges of Adopter hereunder shall cease and terminate and Adopter shall immediately vacate the Parks and remove any and all personal property belonging to the Adopter. SECTION 13 NON-DISCRIMINATION/DISABILITIES 13.01 Adopter, in its construction, maintenance, occupancy, or use of said Parks shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation,disability or any other legally protected class of individuals. SECTION 14 NOTICES 14.01 All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. CITY: ADOPTER: City of Fort Worth Fort Worth Mountain Bikers' Association Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 6 of 12 Parks and Community Services Director Attn: President 4200 South Freeway, Suite 2200 P.O. Box 1221 Fort Worth,Texas 76115 Fort Worth,TX 76101 With copy to: City of Fort Worth City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 SECTION 15 VENUE AND JURISDICTION 15.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 16 SUBLETTING,ASSIGNING,MORTGAGING 16.01 Adopter agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the Director, and any attempted subcontract or assignment of same without such prior consent of the Director, shall be void. Consent shall not be unreasonably withheld. 16.02 Subject to the limitations contained herein, the covenants, conditions, and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives, and permitted assigns,if any. SECTION 17 WAIVER,SECTION HEADINGS,SEVERABILITY,AND AMENDMENTS 17.01 It is agreed that in the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition, or provision herein contained, provided however, that the invalidity of any such covenant, condition, or provision does not materially prejudice either Adopter or the City in connection with the rights and obligations contained in the valid covenants, conditions,or provisions of this Agreement. 17.02. The waiver by the City of any default or breach of a term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term,covenant,or condition of this Agreement,regardless of when the breach occurred. 17.03 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. 17.04 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both the City and Adopter. SECTION 18 FORCE MAJEURE Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 7 of 12 18.01 If either Party is unable,either in whole or part,to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs,the City may,in its sole discretion,close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Adopter hereby waives any and all claims it may have against the City for damages resulting from any such Force Majeure Event. SECTION 19 CONDITION OF THE PARKS 19.01 Adopter accepts the Parks in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by City as to the condition of the Parks or their suitability for the purposes intended. Adopter accepts the property herein described subject to all previous recorded easements, if any, that may have been granted on, along, over, under or across said property,and releases City from any and all damages,claims for damages,loss or liabilities that may be caused to all invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. SECTION 20 GOVERNMENTAL POWERS AND AUTHORIZATION 20.01 It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 20.02 By executing this Agreement, Adopter's agent affirms that he or she is authorized by Adopter to execute this Agreement and that all representations made herein with regard to Adopter's identity, address and legal status(corporation,partnership,individual, etc.)are true and correct. SECTION 21 COUNTERPARTS AND ELECTRONIC SIGNATURES 21.01 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 22 AUDIT 22.01 Adopter agrees that City and its internal auditor will have the right to audit, which shall include, but not be limited to, the right to complete access to and the right to examine, the financial and business records of Adopter that relate to this Agreement, including,but not limited to, all necessary books,papers, documents, records, and personnel, (collectively "Records") in order to determine compliance with this Agreement. Adopter shall make all Records available to City at a location in Tarrant County acceptable to both parties within thirty 30 days after written notice by City and shall otherwise cooperate fully with Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 8 of 12 City during any audit. Notwithstanding anything to the contrary herein, this section shall survive expiration or earlier termination of this Agreement for a period of three (3)years. SECTION 23 ENTIRE UNDERSTANDING,BINDING COVENANTS,AND CONSTRUCTION 23.01 This Agreement including all exhibits attached hereto constitutes the final, entire, and complete agreement between Adopter and the City and supersedes any prior and contemporaneous negotiations, understandings, representations, and/or agreements between the parties. Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. 23.02 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 23.03 The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. EXECUTED to be effective on the date set forth in Section 3. CITY OF FORT WORTH FORT WORTH MOUNTAIN BIKERS'ASSOCIATION By: card Zavala Director arks and Community Services Dept. President P , Date: � �� f, C .. Date: APPROVED AS TO FORM AN >[,EGALITY Tyler F. . allach AssisEant City Attorney ,r r AT T: 00 4, %j�� 4,.ic_�e.It 00 00 ®®0 0 p© O Mary Kay d0 n00 City Secretary n°0000nnn©� Contract Authorization: None AS OFFICIAL RECORD Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 9 of 12 V Exhibit Gateway Park l r i a l` Fort Worth Mountain Bikers`Association Adopt-A-Park Agreement Page 10 of 12 t l . Exhibit Marion S a n s o rn Park m�< � l \ »2} �« Fort Worth Mountain Bikers'AssociwmAdo-#ark Agreement Page n7Q � Exhibit B Participant Waiver, Release, and Indemnification o' It > O P, Z tS y v^ S > 3 r- 15 > > > Y. r.Ar n 7 > > 0 74 6 > tv A Cr > tv > 07, a"—t—' q > i3i :9 > — to Ej— n n — — > > C_ 0 ZO P, r, > > > g n r eD > 'c :2 CZ r, 0 3 w > > = F5 eD CO > Fort Worth Mountain Bikers'Association Adopt-A-Park Agreement Page 12 of 12