HomeMy WebLinkAbout2015-11-18 PACKET 04.I. REQUEST OF CITY COUNCiL ACTION COUNCIL AGENDA
MEETING fTEM #�
DATE 11/18f15 .
PREPARED BY: Parks and Recreafion Zac Dockter
ORIGINATING DEPARTMENT DEPARTMENT NEAD
* ,� � * � * � * * * * � * � * �* * � * * * * � � * � * � � * ,� * � * ,� * * * * * � � ,� ,� � � *
COUNCIL ACTION REQUEST:
1. Consider authorizing resolution to accept the MN DNR Federal Recreational Trail Program
grant in the amount of$150,000 fo be used for improvement to fhe Cottage Grove Bike Park_
2.Consider authorizing 2016-2019 Traif Maintenance Agreement between City of Cottage
Grove and Minnesota Off-Road Gyclists.
STAFF RECOMMENDATION=
1_ Authorize resolution to accept the MN DNR Federal Recreational Trait Program grant in the
amount of$'f 50,000 to be used for improvement to the Cottage Grove Bike Park_
2.Authorize 2016-2019 Trail Maintenance Agreement between City of Cottage Grove and
Minnesota Off-Road Cyclists.
BUDGET IMPLICATION: �;10,000 $5,000
BUDGETED AMOUNT ACTUAL AMOUNT
ADVISORY COMMISSION ACTION=
DRTE REVIEWED APPROVED DENIED
❑ PLANNING ❑ ❑ ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
� PARKS AND RECREATION 2/9/15 � � ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY Q ❑ �
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS_
� MEMO/LETTER:
� RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION_
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS: /
� f' /17 ' `� �� /� /.�
H_\GrantslBike Park�DNR Recreational Trail Program 2�15lCounal Action Fonn-RTP Grant AccepEance_dnc
Cattage
� Grove
�here Pride and P��Pe�tty Meet
To: Honorable Mayor and City Councif
Fram: Zac Dockter, Par[cs and Recreation Director
CC. Charlene Stevens, City Administrator
�ate: November 5, 2Q'[5
Subject: Bike Park Grant
lntroduction
The MN DNR's Federal Recreational Trail Program (RTP) grant is designed to encourage the
maintenance and devefopment of motorized, non-motorized and diversified trails by providing
funding assistance. All projects must be sponsored by a unit of govemment and preferably is
in cooperation with a locaf traif organization_ A 25% cash or in-kind match is required. In
February, MN Off-Road Cyclists (MORC) recommended collaboration with fhe City in applying
for a grant in the amount of$150,000 to construct the last segment of the Cottage Grove Bike
Park Master Plan. Cit}r Council approved that grant application on February 18_
Background
The Cottage Grove Bike Park has been under construction the past three seasons_ Greafi
strides are being made towards the development of the master plan_ The remaining s�ctions
needed for completron include the slope style course, tot track, final jump line and
landscaping/aesthetic improvements. With the aid of this grant funding, these improvements
to the bike park would be expected to attract additional recreational users from the community
and beyond by offering a truly unique off-road bicycting experience in this region_ In addition,
by completing the master plan both financial and labor resources can be focused on
maintenance rather than construction thus making the bike park more sustainable for the
volunteer base into the future.
The RTP grant of$150,000 would pay for the follo�evving capital expenditures:
Mountain Bike Skills Course �60,000
Slope Style Course $100,000
Landscaping $27,500
The match portian of the grant would consist of the following contributions
In-HouseNolunteer Labor �27,500
City Cash Contribution �5,000
MORC Cash Contribution �i5,000
Nearly all construcfion activity would include hired professional contractors�vha have the
equipment and experfise to complete the park in a most efficient, effective and sustainable
�
�I
manner. Vo[unteers wil[fifl in where possible to aid in fhe process and meet the requiremenfs
of the grant. It would also be expected that dirt donations would hefp to offset financiat ,
requirements as wel[. The projeet is expected to begin in 20't6 with ful! completron in 2C117. j
�
Pictures of bofh fhe mountain bike skills and slope siyfe courses are included with this report
for reference. ftss impartant to nate that whaf is provided are just examp(es of the the potential ,
features. Whaf ulfimately gets built at fhe Cottage Grove Bike Park wili be designed and
adapted to fit the land, budget and recreationat needs of the camrnunity_
Landscaping will be a crifical component ta the finished park. A short grass native prairie mix '
wi(t be infused into the site to improve aesthetics, minimize maintenance and ienprove erosian �
controL Raingardens will also be used as a toot for coliecting and fltering water. Qnce
complete, fhese [andscaping features will be included in the city's standard maintenance ;
proeedures wF�ich would incfude periodic mowing, spot spraying and prescribed burns. Thus, II
fhis will allow Bike Park vo[unteers to focus more on track maintenance rather than generat site
conditions.
lt's important to note cammitment requirements of this Federal Recreational Trail grant as '
executed by the MN Department of Naturaf Resources. Acceptance of grant dollars obligates
the City ta maintain the facility for no less than 20 years_ Closure of the park could resuft in the '
City having to reimburse a portion of the grant funding based on the deprecfated va(ue of fhe ,
facility at the time of closure. '
�
The City currently has a maintenance agreement with MOFZC fhrough 2016_ M4RC is an �
affi(iate of Internationa[ Mountain Biking Association (iAIIBA) and has been in existence for over
20 years as a non-profit organization designed to promote bicycling opportunities in the metro
area. They have expressed their dedication to this bike park and witl be present at the meeting
for further conversation i€so desired. In consideration of taking on this faciEity expansion, staff
has discussed a longer-term commitmenf with MORC_ MORC has expressed a wiltingness to
extend the contract through 20'[9 with an autornatic renewal clause. The contract is incfuded ,
in this report far your review and approval. i
Shaufd the Council authorize execution of the grant agreement, it would be recommended that
funds are derived from the Park Improvement Fund. In that fund, �10,000 is budgeted ;
annualty for capitat improvement cost share opp�rtunities such as�his. The grant is a fwo-year '
program, so the $5,000 matching funds may be dispersed over both 2Q16 and 20'E7.
Staff Recomrnendat`ron
1. Consider authorizing resotution to accept the MN DNR Federal Recreatianal Traif
Program grant in the amount of$150,000 to be �sed for improvement to the Cottage
Groue Bike Park. ;
2. Consider authorizing 2016-2019 Trail Maintenance Agreement betuveen City of Cottage ;
Grove and Minnesota 4ff-Road Cyclists. �
i
Skill Track Example Photos
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RESOLUTION NO. 15-[Resolutian Number] ;
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RESOLUTtON AUTHORlZING ACGEPTANCE OF GRANT FUNDING FROM �
THE MINNESOTA DEPARTMENT OF NATURA� RESQURCES IN THE '
AMOUNT OF $15Q,000 TO BE USED TOWARDS BIKE PARK �
IMPROVEMENTS AT WEST �RAW PARK ,
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WHEREAS, the City of Cottage Grove desires to expand its Bike Park ,
trails and features for public recreational use, and j
WHEREAS, the MN Department of Natural Resources offers the Federal
Recreationa( Trail grant program to aid in funding such recreational improvement I
projects.
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NOW THEREFORE BE IT RESOLVED, by the City Council of the City of I
Cottage Grove, County of Washington, State of Minnesota, to authorize and
accept grant funding from the MN Department of Natura( Resources Federal ,
Recreational Trail Grant Program in the amount of$15Q,000 to be used towards
the Bike Park Improvements Project project.
Passed this 18fh day of November 2015. '
Myron Bailey, Mayor I
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Attest.
Joe Fischbach, City Clerk
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TRAIL MAINTENANCE AGREEMENT BETWEEN THE !
CITY OF COTTAGE GROVE, MN �
AND '
MINNESOTA OFF-R4AD CYCLISTS �
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THIS TRAIL MAIN'I`ENANCE AGREEMENT ("Agreement), is made this 18th day i
of November, 2015, between the City of Cottage Grove, Minnesota, a Minnesota miuiicipal
corporation ("City") and Minnesota Off-Road Cyclists - MORC ("MORC") a Minnesota non- ,
profit corporation. The City and MORC are referred to herein individually and collectively as a �,
"Party"or"Parties".
RECITALS
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WHEREAS, the City and MORC are interested in promoting off-road cycling as an �
outdoor recreation and fitness activity. MORC and the City desire to work together to develop ,
and maintain quality trails and bike parks for off-road cyclists of all ability levels at West Draw
Park, in the City; and
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WHEREAS, this Agreement identifies specific projects, including the design and
construction of bike park features, bike park maintenance, and mounta.in bike patrol activities, i
which MORC volunteers have agreed to provide as a service to the City, establishes the �
responsibilities and conditions under which that volunteer service will be provided,and delineates '
the responsibilities of the City; and ,
WAEREAS,the City and MORC entered into a previous agreement on or about February �
15,2015,which the parties have agreed to rescind and replace with this Agreement; and
WHEREAS, the City has applied for a grant from the Minnesota Department of Natural
Resources (MN-DNR) as part of the Federal Recreational Trail Program ("Grant") and will be �
entering into an Agreement with the MN-DNR as part of the requirements of the Grant. The �
Parties intend to define certain uses of the Grant proceeds by the City by this Agreement. In
addition,MORC's duties under this Agreement are an integral part of the requirements of the City �
under the Grant and the Parties wish to establish the Parties' respective responsibilities.
NOW, THEREFORE, THE CITY OF COTTAGE GROVE AND TI3E
MINNESOTA OFF-ROAD CYCLISTS -MORC,DO FIEREBY AGREE AS FOLLOWS: I
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I. SCOPE OF THE AGREEMENT
A. This Agreement applies to certain off road cycling trails and recreational terrain j
features located at West Draw Park in the boundary of the City(the "Bike Park"). A
map of the Bike Park is attached as Exhibit A. All improvements constructed, shall
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be, and shall remain the property of the City. All materials, including records, data, j
and other information acquired, developed or documented under this Agreement shall �
be the property of the originating Party,unless otherwise mutually agreed upon by both i
Parties. MORC agrees to maintain all data received from the City in the same manner i
as the City as required under the Minnesota Government Data Practices Act,Minnesota ,
Statutes, Chapter 13. ;
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B. City agrees to allow MORC to use the City owned Bike Park for the creation and
maintenance of trails and related recreational terrain features_ It is understood by !
MORC and City that this Agreement confers no special rights or bene�ts to MORC as
to use of said lands,and that such land shall be open and available for use by the public
on a nondiscriminatory basis. '
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C. MORC volunteers may use bikes in the on-site planning and testing of technical
features, berrns, rollers and jumps prior to official Bike Park opening as coordinated
witk the Park Maintenance Supervisor.
D. City agrees to allow to have an informational display/booth at the trailhead up to six '
(6)times per year for the purposes ofproviding information about MORC memberships j
and mountain biking events, as approved atid coordinated with the Parks and
Recreation Director. Informational displays may also be approved far the City ,
permitted Bike Park events. Requests for a permit for direct fmancial solicitation '
(membership sales)must be approved in advance by the City Clerk.
II. MORC RESPONSIBILITIES i
During the term of this Agreement,MORC shall erform as follows:
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A. Provide technical support to the City in determining the location and design of technical
features,berms,rollers,and jumps for the Bike Park,consistent with the planned ability
ievel of similar bike parks in accordance with the International Mountain Bike
Association(IMBA) guidelines.
B. Provide and supervise volunteers in the construction of approved technical features, I
berms,rollers,jiunps and alignment changes.
i. Utilize tools owned by MORC and any City tools that may be made available by the
designated City Maintenance or Park Supervisor. i
ii. Insure that technical features, berms, jumps and alignment changes conform to
IMBA guidelines and the City approved designs.
iii.Train and supervise volunteers in appropriate constniction techniques in accordance I
with IMBA guidelines.
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iv.Identify a crew leader and submit the crew leader's name to the designated City Park �
Maintenance Supervisor. i
v. Coordinate the work scheduies and on-site public notification, when needed, with i
the designated Park Maintenance Supervisor.
C. Provide volunteers to assist with the inspection and hand-work maintenance of the Bike !i
Park.
i. Seasonally submit a schedule identifying the minimum tiinetable for Bike Park
observation/inspection to the City for approval_ �
ii. Ensure that all volunteers have received training in Bike Park inspection and �
maintenance responsibilities as well as an orientation to the City. i
iii. MORC volunteers are authorized to sculpt andlor remove dirt as need throughout I
the Bike Park. '
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iv. Perform routine mamtenance activrties. In the event that MORC is unable to safely I
and promptly address an identified issue that may create an unsafe situation, the �
MORC volunteers should norify the City Maintenance Supervisor on duty.
D. Work with the City in developing a routine inspection log report sheet for use by '
vohinteers for the regularly scheduled inspections that will identify desired items for �
inspection and implement the use of this report sheet in the regular inspection of the
Bike Park. All copies of such reports should be submitted to the City's Park ',,
Maintenance Superoisor.
E. Prior to making any Bike Park, pumptrack or dirt jump alignment changes, submit
recommendations to the City for any significant alignment changes that may '
contemplated by MORC in cairying out the voh2nteer duties as outlined in the
agreement. Changes that are within five (5) feet of the existing jump line centerlines
and shorter 20 feet in length do not require City approval. '
F. Recommend to the City the types, location and language for jump linelpump track
directional, cautionary and informational signs and install(if requested by the City). j
G. A designated MORC representative(s) shall make recommendations to the City's
Maintenance Supervisor with respect to when to close and re-open the Bike Park due �
to poor conditions or other unforeseen circumstances observed diuing bike patrol or
maintenance activities. i
H_ Provide trail patrol volunteers (Ambassadors) as an optional service to assist in i
monitoring Sike Park activities and providing assistance to Bike Park users_ i
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i. MORC shali provide volunteers identified and trained by MORC as traii patrollers I
to ride and monitor the Bike Park. '
ii. Trail patrollers can offer assistance to Bike Park users within the scope of their �
training and volunteer status under MORC. �
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iii. Trail patrollers should call 9ll for emergency assistance. To contact the City j
Public Safery speci�cally for non-emergency situations such as, to report '
suspicious activity, uncooperative behaviors, or unauthorized Bike Park use, call
911 and request to be put in contact with Ciry's Ptzblic Safety Officer. ',
iv. Trail patrol should be communicated in advance to the City's Parks Operations
Supervisor. ,
v. Provide the City with siunmary Bike Park safety reports as generated by MORC I
volunteer trail patrol. ,
III. CITY OF COTTAGE GROVE RESPONSIBILITIES
Diuing the term of this Agreement, City shall perform as follows:
A_ Review and approve design and implementation plans for all agreed to volunteer
activities. �
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B. Review and approve recommended technical feature designs, jiunps, rollers and ,
pumptrack feari�re construction schedules and Bike Park maintenance schedules. I
C. Use Grant funds to piuchase and provide materials and equipment, to be used in the �
construction of approved technical features,dirt jumps,rollers,piunptrack features,and ;
associated landscaping.
D. Loan hand-tools for construction and maintenance activities,upon request and approval �
of designated by the City Park Maintenance Supervisor, if available.
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E. Provide City maintenance staff support for approved work on a schedule agreed to by
the City Park Maintenance Supervisor.
F. Recognize MORC's contributions for Bike Park desigu and construction and volunteer
maintenance, support in appropriate signage at an appropriate location in a manner
approved by the City and to be coordinated through the Park Operations Supervisor.
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G. Display a message about the MORC organization and event opportunities in manner
approved by the City at a location approved by the designated Park Operations
Supervisor.
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H. Notify MORC of Bike Park closures or events which affect the use of the Bike Park for j
posting on the MORC website. �
IV. AMENDMENT
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Due to the long term nahire of this Agreement,the Parties shall meet once a year to examine ,
the scope of their duties under Section II and III above and may muttially a,gree to amend '
s�ich duties. In the event of any amendment, the amended duties of the Parties shall be
affixed as Exhibit B and Exhibi� C which shall supersede Sections II and IlI hereof. All i
such amendments and any other amendments to this Agreement must be in writing and ,
signed by both Parties,in order to be valid.
V. HOLI�AARMT.ESS,INDENINIFICATION Al�D INSURANCE
A. Each Party agrees that it will be responsible for its own acts and the results thereof and
shall not be responsible for the acts of the other Party and the results thereof. Each '
Party, therefare, agrees that it will assume all risk and liability to itself, its agents or
employees, for the injury to persons or property resulting in any manner from the
conduct of its own operatians, and the operation of its agents or employees under this j
Agreement, for any loss, cost, damage, or expense resuiting at any time from any and ,
all causes due to any acts or acts of negligence, or the faihue to exercise proper �
precautions,of or by itself or its own agents or its own employees,while occupying or
visiting the premises under and pi�rsuant to the Agreement.
i. MORC agrees to defend and indemnify the City, and its own o�cers, employees,
and agents, from and against all claims, damages, losses, and expenses, including
attorney fees, arising out of resulting from the MORC's performance or failure to
perform its obligations under this Agreement,but only to the extent cai�sed in whole �
or in part by the negligent acts, error, or omissions of the MORC or anyone for
whose acts the MORC may be liable.
ii. The City agrees to defend and indemnify the MORC and its officers, employees,
and agents, from and against all claims, damages, losses, and expenses, inchiding
attoniey fees, arising out of or resulting from the Ciry's performance or faihue to
perform its obligations under this Agreement;but only to the extent caused in whole
or in part by the negligent acts,errors,or omissions of the City or anyone for�vhose ''
acts the City may be Iiable_
iii. Nothing in this agreement shall constitute a waiver of the statutory limits on liability �
set forth in Min�esota.Stat�rtes Chapter 466 or a waiver of any a�ailable immunities
or defenses for the City.
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v�. �o�c�s��sux�c�
A. MORC shall provide and maintain at its own expense during the term of this t�greement
the following program(s)of inszuance covering its operations. Such insurance shall be
provided by insurer(s) satisfactory to the City and evidence of such programs �
satisfactary to the City shall be delivered to the City on or before the effective date of
this Agreement_ Such evidence shall speci�cally identify this Agreement and shall
contain the express condition that the City is to be given written notice of at least ten �
(10)days in advance of any modification or termination of any program of insurance. '
B. Cammerciai Generai Liability. Insurance endorsed for Independent Contractor, �
Professional Liabiliry, Premises-Operarions, ProductslCompleted Operations,
Contraetual,bodiiy injiuy and property damage with a combined single limit of not less
than ONE MILLION DOLLARS ($1,000,000.00)per occurrence_ I
VII. ��WI�D T'ERMINATION OF AGREEMENT
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A. The term of the Agreement shall start on January l, 2016, and shall extend through
December 31, 2019_ The City and MORC can subsec�iently agree to extend this i
Agreement thereafter on an annual year basis with the approval of both Parties.
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B. This Agreement may be tertninated as follows: '
i_ For a material breach hereof, after giving written notice of the breach to tbe other �
Party and providing the other Party thirty (30) days to cure such breach or '
commence reasonable action to cure such breach.
u. By muhu�l agreement of the Parties. �
�III. I�IISC�L�Al�EO�TS gRE}VISIQNS '
A. ���r�terpa�s; �aesimiles ar �-maiied Si�uatures. This A,�reement may be
executed in any m�mber of counterparts, and all of the signatures to this Agreement �
taken together shaii canstitute one and the same agreement, and an� of the Parties
hereto may execute such agreement by signing any such counterpart. Facsimile or �
"PI�F"signat�ues on this Agreement that are transmitted by e-mail shall be treated as �
ariginals until the actual original signatures are obtained. �
B. �ai�er. I�o waiver of any provision of this Agreement shall be deemed, or shall
coastitute,a waiver of any other provision,whether or not similar,nor shall any vvaiver i
constit�rte a continuing waiver. No waiver shall be binding unless executed in writing
by the Party making the�vaiver.
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C. Ap�licabie Law. This Agreement shall be governed by and shall be construed in r
accordance with the laws of the sta.te of Minnesota.
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D. �ntire Agreement This Agreement constitutes the entire agreement between the '
Parties pertaining to its subject matter, and it supersedes all prior cantemporaneaus ;
agreements, representa.tions, and understandings of the Parties. No supplement, i
modi�cation, or amendment af ti2is Agreement shall be binding unless executed in
writin�by all Parties_ ,
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E. l�o Partnershin. The Parties are independent contractors. This Contract does not
create a partnership, joint venh�re or employment relationship between MORC and ;
City. MORC's valunteers are not employees of the City and shall not receive any '��
compensation from the City for their services. MORC does not have authority to enter !
into contracts on the City's behalf. MORC is responsible for any tax reporting related ,
to its activities ninder this Agreement. ;
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IN WIT`NESS WHEREOF, the Parties have entered into this Agreement as of this day ',
,2015. '
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Crty of Cottage Grove I
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B M ron Baiie �
Y= Y Y �
Its: Mayor
By: Charlene Stevens �
Its: City Administrator
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State of Minuesota )
County of V�ashington ) �
The foregoing instnunent �vas acknowledged before me this day of �
, 2015, by Myron Bailey and Chariene Stevens, the Mayor
and City Aciministrator, respectively of the City of Cottage Grove, a i�iinnesota municipal
corporation and political subdivision organized and existing under the Constittrtion and the laws �
of Minnesota,on behalf of the City. ;
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Notary Public
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Minnesota Off-Road Cycfists -MORG �
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By:
Its: '
State of Minnesota ) I
Cotulty of Washington ) ,
The foregoing instrument was acknowledged before me this day of ,
, 20I5, by the �
, of the Minnesota Off-Road Cyclists - MORC, Minnesota ',
non-profit corporation. �
Notary Public i
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