This agreement ("Agreement") is between Mark Pratt ("Pratt"), James F. Brucker
("Brucker") and Cathy L. Brucker ("together, Bruckers"), Gary D. Leberknight
("Leberknight"), and the Fillmore Hills Road Committee ("Committee"), sometimes referred to as the "Parties", and relates to Pratt using parts of property belonging to the
Bruckers and Leberknight for certain recreational uses.
- Bruckers own Fillmore Hills Parcels 10 and 11 consisting of Assessor Parcel Numbers 041-0-120-060-140,041-0-060-150, and 041-0-060-160 as to Parcel 10, and 041-0-070-070 as to Parcel 11.
- Leberknight owns Fillmore Hills Parcels B,4,5, and 6 consisting of Assessor Parcel Numbers 041-0-120-060 and 041-0-190-55 as to Parcel B, and 041-0-120-040, 041-0-120-120, and 041-0-110-010 as to Parcels 4,5, and 6 respectively.
- Frank Stout ("Stout") is a member of the partnership which own the Flying A Ranch, APN 041-0-070-030.
- The access road ("Road") leading to the above referenced parcels is referred to as the Tietsort Drive/Oat Mountain Road, the main portion of which is maintained by the Committee, the current members of which are
Brucker, Stout, and
- The Committee has the responsibility to collect funds from the Road users and to disperse these funds for payment of road related expenses, as the Committee members deem appropriate.
- Bruckers and Leberknight have the right as individual owners to invite others to their property as invited guests ("Invited Guests").
- In addition to the property owner, other users and potential users of the Road include the owners of the cattle grazing the area, emergency use by the oil companies, and occasional use of the Road for rally car practice runs.
- Certain locations on the aforementioned parcels ("Parcels") belonging to Bruckers and Leberknight ("Owners") have good quality paragliding launch sites, and other uses for recreational purposes.
- Pratt desires to use the Parcels for paragliding and other recreational uses.
- The United States Hang Gliding Association ("USHGA") is a non-profit California Corporation formed in 1971 with a membership in over 10,000 with national administrative offices located in Colorado Springs, Colorado with the purpose of serving the ports of hang gliding and paragliding.
- All current members of USHGA are "additional insured" on the USHGA insurance policy.
NOW THEREFORE, in consideration of the above recitals, the Parties agree hereto as follows:
- NATURE OF THE AGREEMENT
- The purpose of this Agreement is to set forth provisions wherein Mark Pratt and his immediate family may use property belonging to Bruckers and Leberknight for various recreational uses, but primarily for Dr. Pratt to engage in the sport of paragliding. This association is intended to be flexible and informal in nature, with safety and limiting the liability of the owners of any property used in association with this Agreement as primary considerations. The general concept is for Dr. Pratt to have exclusive use of thy Parcels for paragliding, but not exclusive use for other recreational uses.
- "Recreational Use" shall be defined and limited to paragliding, hiking, bicycling, camping, and flying radio controlled gliders, for which the Owner will receive no compensation.
- "Pilot(s)" shall be defined as those paragliding pilots with a USHGA pilot rating of Intermediate or above, as set forth in Part 104 of the USHGA Regulations, Standard Operating Procedures.
- TERMS AND CONDITIONS OF THE AGREEMENT
- Leberknight and Bruckers herein grant Pratt Recreational Use of their Parcels as an Invited Guest.
- Pratt expressly does not have the right to grant access to the Parcels to others, although he may invite other Pilots to accompany him in paragliding activities, and may invite the members of his immediate family onto the Parcels for Recreational Use.
- Pratt agrees to be present at all times when paragliding activity is occurring on the Parcels, and agrees to provide Leberknight with verification that all Pilots, including himself, have current and full membership in
- Pratt specifically agrees to ensure that anyone engaging in paragliding under the jurisdiction of this Agreement have the necessary skills to safely engage in the sport and must have a current USHGA pilot rating of Intermediate or above and that each Pilot fly in compliance with the recommended USHGA operating limitations for that Pilot's rating.
- Pratt agrees to setup the Parcels as a local paragliding launch site under control of his local USHGA chapter, where Bruckers, Stout, Leberknight, and the Committee are named as additional insured on the USHGA provided liability insurance policy covering the site, and to provide each of Bruckers, Stout, and Leberknight with a Certificate of Insurance document verifying this coverage.
- As a matter of courtesy, Pratt agrees to notify Brucker, Stout, and Leberknight via E-mail in advance of his use of the Parcels, and Pratt to be similarly notified when the Road use is to be restricted because of maintenance, or some other reason.
- Neither Bruckers nor Leberknight to receive any compensation in connection with this Agreement.
- Pratt agrees to contribute the sum of $250 per month, due on the first day of each month, to the
Committee general fund as part of his road maintenance responsibility, and the Committee agrees to accept this sum which is to be used for access control and maintenance expenses of the Road as they deem appropriate.
- The term of the Agreement to be on a monthly basis, where any of the Parties may terminate their part of the Agreement with a 30-day notice. In the event one or more of the Owners withdraw(s) from the Agreement, the remaining Owner(s) may, at their option, continue with the Agreement.
- Any of the Parties may immediately cancel the Agreement in the event of any default, where the party canceling the Agreement must provide written notice to all Parties within 10 days.
- Pratt to be provided with current access codes or lock combinations, and will be notified in advance of any change to codes or combinations.
- Road maintenance costs pursuant to paragraph H shall be payable to Gary Leberknight, Fillmore Hills Road Committee, P.O. Box 291, Camarillo, CA 93011 or other payee as designated by the Committee.
- This Agreement to become effective on the first day of the month immediately following the date on which the Parties have executed the Agreement.