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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, ) (ss 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. `'6osieaoeemse% 4:4 6 O 57" it '`S • e 'i��'��^-e y 0� � NO�'ARIUPUBLIC F(5R IDAHO yt a ..� � � = Residing at: Qplxl�-t me(a11 -Td $363� s P %�r� 1, C My Commission Expires: Q--2�1 .,00 o",'R O F 1� -so °poorooseus0- STATE OF IDAHO, (ss County of Valley. 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 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 6 NOTARY P Residing at: My Commission Expires: 1- 13- Avg °°°°1rsuivaraq, 0,.%P N. CZ9 ''•. I. .` ; �pTAR1.. ' � . . • • E. : 0 i UBL v.0 • T •••..•••• 'Z' .•` seshunu°°°° pod aaanbS 005'L asanoo 1994s/121j eseyd - E0•QZ-01 a-.e,.,•1:\-s ti sdl pad aienbs gZ£`9 SIMOE1 :II eseqd ;Gad wenbs 9Z8`Z6 pefaid ain.u3 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