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TEXT OF LETTER FROM CRD PARKS THAT APPROVES THE TTA PROPOSAL
November 10, 2000
Jim Richardson, President
South Island Mountain Bike Society
Box 215, 2680 Quadra Street
Victoria BC V8T 4E4
Dear Jim Richardson:
Thank you for forwarding to us the SIMBS proposal for a technical training area in Mount Work Regional Park – Hartland (the “Proposal”).
Staff have now had an opportunity to review the Proposal and we are pleased to provide SIMBS with approval to proceed with the development of the technical training area in the license area, subject to the following terms and conditions.
ACCESS REQUIREMENTS FOR CRD ENVIRONMENTAL SERVICES
1. The Proposal and subsequent use of the technical training area will not compromise the integrity of the two monitoring points (surface water and monitoring well).
2. The Proposal will ensure that CRD Environmental Services staff have continuous access to the two monitoring points, including when the technical training area is in use.
3. The Proposal will ensure that CRD Environmental Services staff have access to the site during construction and ensure compliance with (1) above.
4. SIMBS will provide a set of as-built drawings, showing monitoring points, access road, fence lines, etc. to CRD Parks and CRD Environmental Services at the end of construction.
OCCUPIER'S LIABILITY ACT
(TEXT OF #5 IS NOT 100% ACCURATE, WILL FIX SOON)
5. The public has a legitimate expectation that it will not be exposed to risks that can be avoided with reasonable diligence by a public authority. CRD Parks and SIMBS owes a duty of care not to:
create a danger with an intent to do harm to the person or damage to the person's property, or act with reckless disregard to the safety of the person or the integrity of the person's property.
it hthe development of the technical training area, SIMBS owes a duty of care that in all circumstances it is reasonable to see that a person, and the person's property, on the premises and property on the premises of a person, whether or not that person enters on the premises, will be reasonably safe in using the premises. This duty of care refers to the condition of the premises, the activities on the premises, and the conduct of third parties on the premises.
INDEMNITY AND INSURANCE
6. CRD Parks requests that SIMBS increase its comprehensive legal liability to an inclusive limit of not less than five million dollars ($5,000,000) per occurrence for bodily injury and property.
FUNDING
7. SIMBS will be responsible for all funding for the Proposal, including all costs for ongoing maintenance, operation and repair of the technical training area within the license agreement area. As the technical training area is to be located on lands technically outside the regional park, CRD Parks will not be able to provide financial assistance for this project.
STRUCTURES/OBSTACLES
8. SIMBS will construct, install and maintain all structures and obstacles in the technical training area in accordance with all design specifications of the Proposal. SIMBS will not make any alterations to any structures or obstacles constructed within the technical training area without prior written authorization from the CRD Parks Administrator.
10. SIMBS shall not make alterations or additions to or construct any additional structures or obstacles within the license area without prior written authorization from the CRD Parks Administrator.
11. SIMBS shall construct all structures and obstacles under this agreement in compliance with all applicable provincial and local government laws, regulations, bylaws, codes and orders issued pursuant to such enactments.
12. SIMBS shall make improvements to the structures and obstacles constructed under this agreement to meet standards for such structures and obstacles as they may evolve or be amended from time to time, so that the structures and obstacles on the License Area are kept and maintained in a condition which is consistent with good practices.
SIGNS
13. Signs for the technical training area will be provided and installed by CRD Parks staff prior to the training area being open to public use. CRD Parks staff will work with the CRD Risk Manager and SIMBS on sign wording and location.
INSPECTIONS AND MAINTENANCE
14. SIMBS carry out regular monthly inspections of the technical training area to ensure that the area is in a good state of maintenance and repair - that the structures/obstacles are sound, have not been altered, adhere to approved design specifications, are maintained to ensure user safety, tighten all mechanical fixtures (nails, bolts) and ensure there is no structural failure of building materials.
MUTUAL COVENANTS
15. The location of the technical training area is on lands administered by CRD Environmental Services. These lands are auxiliary to the current operating plan for the Hartland Landfill. Should CRD Environmental Services require use of these lands in the future, SIMBS will be responsible for the removal of all structures/obstacles and restoration of the site to its original state and SIMBS will not have any claim against the CRD.
16. If SIMBS is in breach of any provision of the terms and conditions of this letter or the technical training area is deemed to be unsafe, endangers the safety of park visitors, interferes with the enjoyment or activities of other visitors, causes significant impact to the natural environment and/or is prohibited by law, bylaw or regulation, CRD Parks may close the technical training area immediately or may provide written notice to SIMBS and if such breach does not cease or is not otherwise corrected within 30 days of the delivery of such notice to SIMBS, CRD Parks may close the technical training area.
In closing, CRD Parks would like to acknowledge the efforts of SIMBS and, in particular, Andy Wade, for the initiative and excellent job done in preparing this proposal.
Sincerely,
Lloyd Rushton
Administrator
/mr
pc: Mike Williams, General Manager, CRD Environmental Services
Chris Grelson, CRD Risk Manager
George Gollmer, Park Operations Supervisor, North Sector
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August
Tuesday August 5th.
SIMBS Board Meeting, first (non holiday) Tuesday each month 7:00 PM sharp, Victoria Police Station, 850 Caledonia Ave, everyone welcome.
Sunday August 10th.
Introductory Ride at Hartland, second Sunday each month 9:45am, Guided, separate beginner and advanced groups, all ages.
Details and Updates
Sunday August 10th.
Youth Ride at Hartland, second Sunday each month, 9:45 AM. Families welcome too!
Details and Updates
Sunday August 10th.
Women's ride at Hartland occurs on the second Sunday of each month at 9:45am. The rides are led by women for women of all ages and abilities. Carmel Ecker.
Details and Updates
Sunday August 17th.
Trail Maintenance at Hartland third Sunday each month, 8:45am sharp (on the trails at 9:00), Call Greg @ 598-6198 and please leave a message so we have enough lunches, or e-mail him: mailto:trails@simbs.com
Details and Updates
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