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THIS MESSAGE IS A CONFIDENTIAL COMMUNICATION UNDER THE ATTORNEY- CLIENT OR <br /> ATTORNEY WORK PRODUCT PRIVILEGE. <br /> WEISS Carolyn J 09/14/01 09:45AM »> <br /> Jerome, <br /> Johnny Medlin asked that I request your assistance regarding a lease agreement that the City has with <br /> Emerald Valley BMX (EVBMX). We have recently had citizen accusations of improprieties and unsafe <br /> conditions at the bicycle track which is leased to EVBMX in Alton Baker Park. The citizen is requesting <br /> that the City terminate its lease with EVBMX. <br /> I will pony over to you 3 documents which will aid in this research. They are: <br /> • A copy of the signed lease agreement between EVBMX and Lane County (the City inherited the lease <br /> from the County when we acquired Alton Baker Park). <br /> • A draft copy of a contract to allow a specific individual to operate and manage the track on behalf of <br /> EVBMX. <br /> • Content of ORS 275 -330, which is referred to in the lease agreement. <br /> We have several specific questions which will help us clarify this issue: <br /> • EVBMX entered into a contract in 1996, with the current track operator, effectively assigning the lease <br /> to that individual. Although the lease states that any assignment must have written consent from the <br /> County /City, no such approval was ever obtained. Can the City at this time, request the ability to <br /> enable and influence this assignment (based on the conditions of the lease agreement)? <br /> • Do the provisions of the lease agreement require EVBMX or whomever the lease is assigned to, have <br /> non - profit status and operate as such? <br /> • There have been allegations of unsafe track conditions at the site. What is the City's exposure to <br /> liability under the lease agreement and contract assignment? <br /> • There have been allegations that EVBMX does not technically exist, given that the Board has not <br /> convened or functioned since the contract assignment in 1996. It is our intent to request a meeting of <br /> the EVBMX Board to discuss all of the above mentioned allegations. We would also like to request a <br /> copy of the organizations bylaws to help us understand the structure and function of the organization. <br /> Do we have the right to request these bylaws? <br /> We would appreciate your assistance in sorting out this matter. <br /> Thanks, Carolyn <br /> Carolyn J. Weiss <br /> City of Eugene, Parks Planning <br /> 1820 Roosevelt Boulevard <br /> Eugene, OR 97402 <br /> (541) 682 -4914 Phone (541)682 -4882 Fax <br /> carolyn .j.weiss@ci.eugene.or.us <br />