June 13, 2005
Mr. Greg Laudeman
Southern Off-Road Bicycling Association
610 Lytle St.
Chattanooga, TN 37405
Dear Mr. Laudeman
RACCOON MOUNTAIN PUMP STORAGE FACILITY - RMPS - NICKAJACK RESERVOIR NEAR TENNESSEE RIVER MILES 443.0 to 445.0 R - SPECIAL USE LICENSE AGREEMENT - DEVELOPMENT OF MULTI-USE SINGLETRACK TRAILS FOR PUBLIC RECREATION
The Southern Off-Road Bicycling Association (SORBA) and the Tennessee Valley Authority's (TVA's) Chickamauga/Hiwassee Watershed Team agree to work jointly to develop approximately 10 miles of singletrack multi-use hiking, biking, and/or running trails at Raccoon Mountain. The project shall be designed to enhance recreational opportunities by providing high-quality multi-use singletrack trails at the Raccoon Mountain Pump Storage Facility that will be used by multiple public user groups. SORBA will construct, maintain, and operate these trails as shown in EXHIBIT A and TVA will provide technical assistance, as detailed below. This letter is to confirm the agreement between SORBA and TVA to cooperate in the design, construction, maintenance, and operation of these multi-use trails. Future phases of trail development and operation may be carried out under this agreement as mutually agreed upon and in accordance with TVA approved plans.
The following are the terms of this special use license:
A. TVA shall:
- Provide technical assistance in trail design and layout.
- Review and authorize all trail plans routes, materials, site preparation activities, property clearing (if any), and maintenance activity.
- Provide trailhead and interpretive signage or cost share with SORBA to provide signage that meets TVA's corporate branding/sign standards and specifications; while assuring consistency with existing hiking trail signage.
- Provide NEPA documentation for proposed plans for trail and trailhead development.
- Provide access to TVA public lands at RMPS as specified herein for trail layout, design, development, and maintenance activities.
B. SORBA shall:
- Construct and mark trails to TVA standards and specifications utilizing best management practices to prevent movement of sediment into any waters or drainage areas.
- Use natural materials where practical for benches and foot bridges.
- Regularly maintain the trail by removing litter and trash, clearing obstructions (e.g. downed trees and limbs), seasonal pruning of overgrowing brush, repainting trail blazes, and trail repairs as needed. Inspection and maintenance will be conducted at least quarterly with seasonal maintenance and repairs at least annually.
- Will not apply herbicides or other chemicals without written approval by TVA.
- Supervise volunteers at all times, and ensure that all services provided under this agreement are performed in a safe manner and in accordance with all appropriate safety precautions and all applicable legal requirements.
- Provide all materials, tools, and equipment needed to perform the described work.
- Provide training, supervision, and insurance coverage for all SORBA volunteers and members involved in trail development activities.
C. This agreement is subject to the following additional conditions:
- This agreement conveys no property rights, grants no exclusive license, and in no way restricts the general public's privilege of using the TVA property.
- The Native American Graves Protection and Repatriation Act and the Archaeological Resources Protection Act apply to archaeological resources located on the premises. If human remains, funerary objects, sacred objects, objects of cultural patrimony, or any other archaeological resources are discovered on or under the premises, all activity shall be stopped immediately in the area of discovery. A reasonable effort shall be made to protect the items and TVA shall be notified by telephone at (423) 876-6706 with written confirmation to TVA at 1101 Market St. (PSC 1E-C); Chattanooga, TN 37402-2801. Work may not be resumed in the area of discovery until approved by TVA.
- All work conducted by SORBA is entirely at its own risk. TVA makes no warranty, expressed or implied, concerning the condition of the premises or the means of access there to or egress there from.
- It is understood that SORBA maintains general liability insurance coverage for any accidents, injuries, including death, damage to property, or other claims occurring as a result of or in connection with the performance by SORBA members and volunteers involved in trail construction and maintenance activities as described in this agreement. SORBA agrees that TVA and the United States, and their officers, employees, and agencies shall be named additional insureds under this liability insurance coverage. SORBA shall provide TVA with a Certificate of Insurance evidencing such coverage.
- The terms of this agreement shall begin upon execution of this Cooperative Agreement.
- TVA and SORBA may consider additional trail expansion opportunities beyond the subject area on the attached map. Any future partnerships between TVA and SORBA involving utilization of SORBA volunteers shall be governed by this agreement unless this agreement is terminated by either party.
- TVA or SORBA may terminate this agreement by giving 30 days written notice to the other party.
- If the foregoing correctly reflect our agreement, please execute your acceptance on the duplicate originals of this letter, keep one for your records, and return once to our office. If you have questions about the administration of the agreement, please call Laura Duncan at (423) 876-4187.
Lee J. Carter
Chickamauga/Hiwassee Watershed Team
The foregoing Special Use License
Is accepted without qualification this
_______day of ____________, 2005.
Southern Off-Road Bicycling Association
Greg Laudeman, Project Coordinator