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1 <br /> Emerald Valley BMX <br /> A non - profit organization, since 1980 <br /> 2700 Leo Harris Parkway <br /> P.O. Box 7742 <br /> Eugene, OR 97401 <br /> (541) 484 -6379 <br /> June 20, 2003 <br /> Scott & Candy Snook % f l� <br /> 3055 Powell % <br /> Eugene, Oregon 97405 1 <br /> RE: Dispute Resolution Offer. <br /> Mr. & Mrs. Snook, <br /> On behalf of our Membership, the Executive Board of Emerald Valley BMX formally requests your <br /> consideration and acceptance of this offer, to fully resolve our organizations disputes against both of you. <br /> It is our foremost desire to end these disputes with you and return the full efforts of our volunteer Executive <br /> Board and Membership back to our non - profit organizations mission of promoting the sport of bicycle <br /> motocross for the benefit of the youth and citizens of Lane County. <br /> Our disputes result from your management of Emerald Valley BMX from October 3, 1996 through <br /> February 28, 2002. You have both been members of our organization for many years prior to 1996. You <br /> have also served as Executive Board members during years prior to 1996. Even with your many years of <br /> service as volunteers and your prior knowledge that Emerald Valley BMX is a non -profit organization, you <br /> neglected to observe and operate our organization as required by State Laws and our own By -Laws; as <br /> referenced in the State of Oregon/Department of Justice Audit Report dated April 10, 2002 (see attached). <br /> You failed to perform the majority of the terms of your contract, which did expire on December 15, 1998. <br /> Even though your contract had expired and was never renewed, you unilaterally operated Emerald Valley <br /> BMX through February 2002 and continually failed to meet the criteria set forth in ORS chapter 65 <br /> regarding lawful record keeping, reporting and mandatory operating procedures for non -profit <br /> organizations. It is also confusing that you have personally prepared and signed, Federal Tax and State <br /> required reporting documents from 1996 to 2000 on behalf of Emerald Valley BMX, as unpaid volunteers, <br /> yet you kept all of our organizations profits. Additionally, cash proceeds from our Duck Game parking <br /> concession for the 6 years /seasons of your management as well as the Great Northwest National parking <br /> concession do not appear to have ever been deposited to Emerald Valley BMX's bank account? We would <br /> like you to know that after your departure in February 2002, from our 1 S ` season alone in Fall 2002, we <br /> received over $17,000.00 in cash proceeds from our Duck Football Game parking concession. <br /> Unfortunately, we were only allowed to retain 80% of those proceeds for our organization because you <br /> allowed our property Lease with the City of Eugene to lapse just prior to your departure on February 28, <br /> 2002. Had you renewed our Lease with the City of Eugene by February 3, 2002 (as you had proclaimed to <br /> them to be the only person with the authority to act on behalf of Emerald Valley BMX) we would have <br /> been guaranteed 100% of the parking concession proceeds for a period of 10 years. Instead, our new Lease <br /> finalized with the City of Eugene in September 2002 requires us to apply for a special parking concession <br /> permit on a year -to year basis with no guarantee of renewability or percentage split terms. <br />