HomeMy Public PortalAbout2004.05.10 MD School District Lease Agreement Skateboard Park (DUPLICATE?)CITY OF MCCALL
CITY MANAGER
June 22, 2004
Terrell Donicht
Superintendent
McCall — Donnelly Joint School District
120 Idaho Street
McCall, ID 83638
Re: Skateboard Park Agreement
Dear Dr. Donicht,
Attached is a copy of the executed agreement between the City and the District. Also
attached is a copy of a certificate of insurance from ICRMP for the property. Please note
the section regarding McCall —Donnelly Joint School District as a Certificate Holder. I
believe this meets the expectations of the agreement pertaining to indemnification. If this
is not your understanding, please let me know.
Thank you and the members of the Board of Trustees for your help with this project. I am
confident this will be an excellent amenity for our youth.
Sincerely,
Robert A. Strope
City Manager
C:\WINNT\Profiles\tclark\Local Settings\Temporary Internet Files \OLK3A\Doc101.doc6/22/20043:18
PM
216 East Park Street • McCall, Idaho 83638 • (208) 634-1003 • FAX (208) 634-3038
EXHIBIT "A"
THOMAS W. KERR
PLS 998
KERR SURVEYING
PO BOX 853-404 E. PARK
McCALL, IDAHO 83638
208-634-2686 / FAX 208-634-4042
November 20, 2003
McCALL DONNELLY SCHOOL DISTRICT
LEASE PARCEL
TO
McCALL SKATEBOARD PARK
1.433 Acres
ROD M. SKIFTUN
PLS 9585
A parcel of land situate in the SWl/ of.the SWl/a of Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the West 1/16 corner common to Sections 9 and 16, T. 18
N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, on file as
Instrument No. 276689, in the Office of the Recorder of Valley County, Idaho; thence,
N. 00°38'16" E., 882.15 feet along the easterly boundary of said SW1/4 of the SW'/4, to the
northerly right-of-way of the abandoned Oregon Shortline Railroad; thence, S. 49°50'09" W.,
38.12 feet along said northerly right-of-way to the westerly right-of-way of First Street, the
REAL POINT OF BEGINNING:
Thence, continuing S. 49°50'09" W., 194.54 feet along said abandoned northerly railroad
right-of-way to the Spiral to Tangent Station 6778+92.4,
thence, 207.04 feet along said northerly right-of-way along a spiral curve to the left,
whose long chord bears S. 48°19'20" W., 207.04 feet,
thence, North, 191.78 feet to a chainlink fence,
thence, N. 05°39'19" E., 153.70 feet to the southerly right-of-way of Idaho Street,
thence, S. 89°15'58" E., 288.48 feet along said southerly right-of-way to the westerly
right-of-way of First Street,
thence, S. 00° 12'48" W., 77.89 feet along said westerly right-of-way to the Point of
Beginning, containing 1.433 acres, more or less.
Bearings based on Record of Survey, Instrument No. 276689.
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this i 0- day of rnak,, j , 2004, by
and between the McCall -Donnelly Joint School District No. 4,71 , Valley County, Idaho,
hereafter called "School District" and the City of McCall, an Idaho Municipal Corporation,
hereafter called "City."
WITNESSETH
The McCall Skateboard Park Association (hereafter called "the Association"), in
cooperation with the City of McCall (hereinafter "the City") desires to construct a Skateboard
Park, as a recreational amenity for the local community and visitors (hereinafter called "the
Facility"). The City will be the owner of the Facility.
The City and the Association have identified vacant and currently unused property which
is owned by the District as an ideal site for the Facility.
The District agrees that the Facility will be a valuable addition to the recreational
amenities currently available in the community, particularly for local youth. The District is,
therefore, willing to lease the subject property to the City, for the construction and operation of
the Facility, according to the terms and conditions stated herein.
The Parties have reached agreement on the terms of the City's lease of the subject
property, as aforesaid; and, they desire to memorialize those terms.
WHEREFORE, THE DISTRICT AND THE CITY MUTUALLY AGREE AND
COVENANT as follows:
1. Grant of Lease: The District hereby leases to the City the property which is
described in the attached Exhibit "A" (hereafter called "the Property"), for the
construction and operation of the Facility, according to the hereinafter stated
terms and conditions. The Property is being leased to and accepted by the City
"AS IS" and without warranties of any kind.
2. Term of Lease: The Lease shall commence on May 17, 2004, and shall
terminate on May 16, 2023, unless renewed as provided herein.
3. Rent/Consideration: As consideration for the Lease, the City shall allow the
District to use the restrooms to be constructed as part of the Facility, for District
activities. In the event that the District's use of the restrooms is greater than
1
incidental use, the District and the City shall negotiate in good faith regarding
sharing of the costs of maintenance of the restrooms.
4. Right of Renewal: This Lease shall be renewable by the City, for four (4)
consecutive five (5) year terms, provided that the City is in good standing under
and in full compliance with all of the terms and conditions of this Lease. The
Lease shall be deemed automatically renewed at the conclusion of the initial lease
term, and at the conclusion of each consecutive five (5) year term thereafter,
unless the City provides written notice to the District of its intent to not renew the
Lease no later than 180 days prior to the expiration of the Lease, or any extension
thereof.
5. Completion Of Phases of Facility: Phase 1 of the Facility, as depicted on the
attached plans, shall be substantially completed on or before December 1, 2006.
Phase 2 of the Facility, as depicted on the attached plans, shall be substantially
completed by no later than December 1, 2009. However, the failure to complete
Phase 2 shall not constitute a default under this Lease, provided that, if Phase 2 is
not completed, the District shall be entitled, at its option, to terminate the Lease as
to the portion of the Property on which Phase 2 is planned to be constructed. In
such case, the Lease shall remain in full force and effect as to the balance of the
Property.
6. Breach/Default: The City shall be in default under this Lease if (a) the Facility
fails to be operated as a Skateboard Park for a period of twelve (12) consecutive
months, or (b) the City fails to perform or comply with any of the covenants or
conditions of this Lease and does not commence the cure of said failure within
thirty (30) days after receiving written notice thereof from the District, and
diligently proceed to completion of any such cure. If the City breaches any
covenant or condition of this Lease, the District may, on reasonable written
notice to the City (except that no notice need be given in case of emergency),
cure such breach at the expense of the City and the reasonable amount of all costs
and expenses incurred by the District in doing so shall be paid by the City to the
District within thirty (30) days after the City's receipt of written demand from the
District. In the event of a default of this Lease by the City, as set forth above, the
District shall have the right to cancel and terminate this Lease, as well as all of
the right, title and interest of the City hereunder, and/or to pursue and select any
or all remedies, damages, or other relief as is allowed by law or equity under the
laws of the State of Idaho. No notice in addition to the notice required
hereinabove shall be required to effectuate the District's rights in this regard. In
the case of termination of the Lease, the Facility shall be removed from the
Property by the City, and the Property shall be reclaimed to its pre-existing
condition, to the extent reasonably possible.
7. Construction and Operation of Facility:
a. The City, in cooperation with the Association shall, without
contribution or assistance from the District, prepare the Property for and
construct the Facility on the Property, according to the preliminary plans which
are attached hereto (it being agreed that variances from the preliminary plans
may occur as a result of final design and funding). All costs associated with site
preparation and construction shall be borne by the Association. Material
alterations to the plans shall be submitted to the District for its review and
approval. The District understands and agrees that the Association will finance
and build the facility, for the City.
b. The City shall be solely responsible for the management,
maintenance and upkeep of the Facility, including but not limited to:
(i) physical maintenance of the Facility, including the
associated restroom facilities, which shall be maintained to a standard at least
equivalent to the City's maintenance of City Parks.
(ii) maintenance at all times of liability insurance, in
commercially reasonable amounts, which shall name the District as an additional
insured; and,
(iii) management of the facility in a safe and prudent manner,
and such as to not interfere with the District's ongoing educational activities on
adjoining District property.
c. The City, in cooperation with the Association, shall develop rules
which will govern the operation and use of the Facility, and which shall be
conspicuously posted at the Facility. These Rules shall be submitted to the
District for approval prior to the opening of the Facility. Thereafter, at the
District's request, or upon the initiative of the City, the Rules shall be reviewed
and revised as deemed mutually necessary.
8. Future Use: The Parties agree that the purpose of the Facility is to provide
outdoor recreation opportunities to the general public which are currently
unavailable in the community. Therefore, all outdoor recreation facilities on the
property shall be available for general public use, except when special skateboard
competitions or events are being conducted.
9. Indemnification and Hold Harmless: The City shall and hereby does agree to
hold the District harmless from and indemnify the District regarding any of the
following:
a. Any expenses, costs, fees, judgments, or liability of any kind
whatsoever associated with the construction, operation, management,
maintenance, upkeep, repair, and/or replacement of the Facility; and,
b. Any claims, of any kind whatsoever, asserted by any person or
entity whatsoever, for damages, expenses, costs, fees, or liability of any kind
regarding the Facility or allegedly resulting from the condition, operation,
maintenance, use, or operation of the Facility.
10. Binding Effect: This Lease is not only binding upon the parties hereto but upon
their respective successors in the event of changing in form or consolidation of
City or School District. The City shall not be entitled to assign any of its rights or
responsibilities under this Agreement, without the prior written consent of the
District, which consent shall not be unreasonably withheld. Factors which shall
be considered in the District's consideration of any proposed assignment shall
include, but not necessarily be limited to whether the assignee is equally capable
of performing the City's responsibilities hereunder; and, whether the assignee is a
non-profit or public entity. In the event of an assignment, the City shall remain
primarily responsible to the District for the covenants made by the City herein.
11. Approvals: Each party certifies that this Agreement has been duly and legally
approved for signature by the parties in accordance with legal requirements.
12. Recordation: This Lease may be recorded with the Office of Recorder of Valley
County, at either party's option.
IN WITNESS WHEREOF, the District has caused this Agreement to be executed by its
duly -authorized Chairman of its Board of Trustees and the seal affixed by the Clerk of the Board
of Trustees and the City has caused this Agreement to be executed by its Mayor and seal affixed
by its City Clerk, the day and year first above written.
ATTEST:
By: �" �� ' /t �i[reit—
Clerk — McCall -Donnelly Joint
School District
4
McCALL-DONNELLY JOINT
SCHOOL DISTRICT NO. �I
VALLEY COUNTY, IDAHO
B
hairman of Board of Trustees
ATTEST:
By:
City Clerk
STATE OF IDAHO, )
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County of Valley.
CITY OF McCALL
By: VL.,�
Mayor
On this day of V Ok , 200Y, before me the undersi ed, a Notary
Public in and for said State, personall : ppeared SUSG(N bPr,,Inc( , known to me
to be the Chairman of the Board of Trustees of the McCall -Donnelly Joint School District No.
4 2 1 , of Valley County, that executed the foregoing instrument and acknowledged to me that
such School District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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On this gi day of , 20(, befoiku5 the undersigned, a Notary
Public in and for said State, personall ppeared tuit , known to me
to be the Mayor of the City of McCall, that executed the foregoing instrument and acknowledged
to me that such City executed the same. g
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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CERTIFICATE OF INSURANCE
Issue Date: Friday, June 18, 2004 11:02:19 AM
Agent for Public Entity:
Marty Koch
The Hartwell Corporation
PO Box 400
Caldwell
ID 83606-
Insuring Pool Participant:
City of McCall
216 East Park Street
McCall
ID 83638-
This certificate is issued as evidence of the insurance coverage provided
to the named Insuring Participant. It does not amend, extend or alter the
coverage afforded by the policies below. It does not extend coverage
beyond that permissble by Idaho Code Section 6-923 (Governmental Tort
Liabilty Act)
PROGRAM AFFORDING COVERAGE:
Idaho Counties Risk Management Program, Underwriters
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding
any requirement, term or condition of any contract or other document with respect to which this certifcate may be issued or may pertain the insurance
afforded by the policies described herein is subject to all the terms, exclusions and conditions of such polides. Limits shown may have been reduced by
paid claims.
Section Type of Insurance
Number
I
-Coverage Form
PROPERTY INSURANCE
-OCCURRENCE FORM
Policy
Number
22A0211510012003
Effective
Date
October 1, 2003
Expiration
Date
October 1, 2004
Limits
A. All Risks of Physical Loss or Damage
B. Automobile Physical Damage
Total Insured Value Per
Warranty Application
II
III
IV
V
VI
COMPREHENSIVE
GENERAL
LIABILITY FORM
AUTOMOBILE LIABILTY
-OCCURRENCE FORM
For Claims
Brought Pursuant
to Title ,Ch.9,
Idaho Code
For All Other
Covered
Liability Claims
ERRORS AND OMISSIONS
-CLAWS MADE FORM
CRIME INSURANCE
-OCCURRENCE FORM
(INCLUDES PUBLIC
OFFICIALS'
SURETY -IN -LIEU
BOILER AND MACHINERY
-OCCURRENCE FORM
A.Comprehensive General Liability
B. Premises Medical Payments
C. Law Enforcement Liability
A.Automobile Liability
B. Automobile Medical Payments
C. Uninsured Motorist
ERRORS AND OMISSIONS LIABILITY
A.Employee Dishonesty
B. Money and Securities (within premises)
C. Money and Securities (outside premises)
D. Money Orders and Counterfeit Currency
E. Depositors Forgery
A.Damaged Property
Expediting Expense
Hazardous Substance
Ammonia Contamination
Water Damage
B. Service Interruption
C. Business Interruption/Extra Expense
D. Consequential (Spoilage)
Description of Operations/Locations/Vehicles/Restrictions/Special Items:
McCall Skateboard Park / 1.433 acres leased from McCall Donnelly School District
Each Occurrence
Each Person
Each Accident
Each Occurrence
Each Occurrence
Each Person
Each Accident
Each Occurrence /:
•
Each Claim and
Aggregate
Each and Every
Loss
Each Occurrence
Each Occurrence
Each Occurrence
Each Occurrence
Each Occurrence
Each Occurrence
Each Occurrence
General Aggregate
C�
$500,000
$500,000
$500,000
$500,000
$2,000,000
$5,000
$100,000
$2,000,000
$2,000,000
$5,000.00
$100,000
$500,000
$2,000,000
$500,000
$1,000,000
$250,000
$1,000,000
$1,000,000
$1,000,000
$5,000,000
$50,000
$50,000,000
As Respells for the above described item. This certificate recognizes that there is coverage, both for property damage and liability arising out of the
acts of the Insuring Pool Participant. If the below listed Certificate Holder Is named as a party to a lawsuit solely because of its relationship with the
Insuring Pool Participant and not as a result of Its own conduct, ICRMP will accept a tender of its defense. The below listed Certificate Holder as Loss
Payee as their interest may appear.
Certificate Holder:
McCall -Donnelly Joint School District #421
PO Box 944
McCall
Idaho 83638
Cancellation
Should any of the above described policies be cancelled before the expiration date thereof, the
issuing Program will endeavor to mail 30 days written notice to the certificate holder named to the
left, but failure to mail such notice shall impose no obligation or liability of any kind upon the
Program, its agents or representatives.
Authorized Representative
J ICRMP 10/03