HomeMy Public PortalAbout2004.05.10 McCall Donnelly Joint School District - Skateboard Park AgreementCITY 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 injhe SWl/a of/he 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 SWl/a of the SWl/a, 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 10— day of , 2004, by
and between the McCall -Donnelly Joint School District No. i-fxJ , 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.
McCALL-DONNELLY JOINT
SCHOOL DISTRICT NO. ~
VALLEY COUNTY, IDAHO
Chairman of Board of Trustees
ATTEST:
Clerk -McCall-Donnelly Joint
School District
4
CITY OF McCALL
By: ~,~,--~-~
Mayor
ATTEST:
BY~ ~~
City Clerk
STATE OF IDAHO, )
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County of Valley. )
On this ~ day of 0~ , 200, before me the undersi ed, a Notary
Public in and for said State, personall ppeared ~USq(~ ~h°c~~ ,known to me
to be the Chairman of the Board of Trustees of the McCall-Donnelly Joint School District No.
'~ ~ I , 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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My Commission Expires: ~-23"Z~-1
STATE OF IDAHO, )
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County of Valley. )
On this iZ~ day of , 20 , befot ° the undersigned, a Notary
Public in and for said State, personall ppeared M0~ _, 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.
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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NOTARY P LIC F ID O,
Residing at: ~
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CERTIFICATE OF INSURANCE Issue Date: Friday, June 18, 200411:02:19 AM
Agent for Public Entity: This certificate is issued as evidence of the insurance coverage provided
Marry Koch to the named Insuring Participant. It does not amend, extend or alter the
The Hartwell Corporation coverage afforded by the polices below. It does not extend coverage
beyond that permissbie by Idaho Code Section 6-923 (Governmental Tort
PO Box 400 Liabilty Act)
Caldwell ID 83606-
PROGRAM AFFORDING COVERAGE:
Insuring Pool Participant:
Idaho Counties Risk Management Program, Underwriters
City of McCall
216 East Park Street
McCall ID 83638-
This is to certify that the policies of insurance listed below have been issued to the insured named above far the policy period indicated, notwithstanding
any requirement, term or condition of any contract or oU~er 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 policies. Limits shown may have been reduced by
paid claims.
Section Type of Insurance Policy Effective Expirattion Limits
Number -Coverage Form Number Date Date
22A0 2 1 15 10 01200 3 October 1, 2003 October 1, 2004
I PROPERTY INSURANCE A. All Risks of Physical Loss or Damage Total Insured Value Per
-OCCURRENCE FORM B. Automobile Physical Damage Warranty Application
For Claims For Al! Other
BraughtPursuant Covered
to Title ,Ch.9, Liability Claims
Idaho Code
II COMPREHENSIVE A.Comprehensive General liability Each Occurrence $5()0,000 $2,000,000
GENE
A
L
R B. Premises Medical Payments Each Person $5,000
II
7~--Yy
i
i
~ABUCCURRENCE FORM Each Accident $100,000
C. Law Enforcement Liability Each Occurrence $500,000 $2,000,000
III AUTOMOBILE LIABILTY A.Automobile Liability Each Occurrence $500,000 $2,000,000
-OCCURRENCE FORM B. Automobile Medical Payments Each Person $5,000.00
Each Accident $100,000
C. Uninsured Motorist Each Occurrence $500,000
IV ERRORS AND OMISSIONS ERRORS AND OMISSIONS LIABILITY Each Claim and $500,000 $2,000,000
Aggregate
V CRIME INSURANCE A.Employee Dishonesty Each and Every $500,000
-OCCURRENCE FORM B. Money and Securities (within premises) loss
(INCLUDES PUBLIC C. Money and Securities {outside premises}
OFFICIALS' D. Money Orders and Counterfeit Currency
SURETY-IN-LIEU E. Depositors Forgery
VI BOILER AND MACHINERY A.Damaged Properly Each Occurrence $1,000,000
-OCCURRENCE FORM Expediting Expense Each Occurrence $250 000
Hazardous Substance Each Occurrence $1,000,000
Ammonia Contamination Each Occurrence $1,000,000
Water Damage Each Occurrence $1,000 000
B. Service Interruption Each Occurrence $5,000,000
C. Business Interruption/Extra Expense Each Occurrence $50,000
D. Consequential (Spoilage) General Aggregate $50,000,000
Description of Operations/Locations/Vehicles/RestrictionsJSpecial Items:
McCall Skateboard Park / 1.433 acres leased from McCall Donnelly School District
As Respects 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.
Cancellation
Certificate Holder: Should any of the above described policies be cancelled before the expiration date thereof, the
McCall-Donnelly Joint Schoo! District #421 issuing Program will endeavor to mail 30 days written notice !o the certificate ho{der 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.
PO Box 944 Authorized Representative
McCall Idaho 83638 -y~,~ ~~~ ICRMP 10/03
ADDENDUM TO LEASE
This Agreement is made Aetcl-1 D�, a2D/6, , 2016, by and between McCall Donnelly School
District No. 421 (hereafter called "District") and the City of McCall, and Idaho municipal corporation
(hereinafter called "City").
Background
1. The District and City are parties to a Lease Agreement dated May 10, 2004, which Term shall
expire on May 16, 2023, whereby the City leases a 1.433 acre parcel of District property
(hereafter called "Lease").
2. Such Lease was for the purpose of constructing a public skateboard park.
3. The City has fully complied with the terms of such Lease including, but not limited to, skateboard
park completion, maintenance, and insurance coverage.
4. The City has acicnowledged its desire to develop additional public recreational facilities on the
leased parcel' to promote health and recreational activities for youth and others in the community.
5. Subject to written approval of the plans, the District agrees to allow the City to develop additional
public.recreational facilities on the leased parcel to promote health and recreational activities for
youth and others in the community.
Agreements
1. The parties agree that the leased premises may be used for a bicycle pump track to be constructed
and maintained by the City, which plans shall be subject to the prior approval of the District in
writing. Material alterations to the plans shall be submitted to the District for its review and
approval. Additional uses upon the leased premises may be created so long as the use and/or
activity is first approved in writing by the District and subject to such conditions as the District
may reasonably require.
2.. The parties further agree that the construction of the bicycle pump track shall be substantially
completed on or before December 31, 2016. Failure to complete the bicycle pump track shall not
constitute default under the original Lease, provided that, if the bicycle pump track is not
completed, the District shall be entitled, at its option, to terminate the Lease as to the portion of
the Property on which the bicycle pump track is to be constructed.
3. The parties further agree that the term "Facility" as used in the original Lease, shall be amended
to include all buildings, structures, improvements, erections, appurtenances and fixed equipment
constructed and/or placed on the Property by the City. Specifically, for the purposes of this
addendum, the term "Facility" shall include the Skateboard Park in addition to the bicycle pump
track.
4. The parties further agree that the District shall incur no cost for construction of the bicycle pump
track.
5. Unless expressly stated herein, nothing in this Addendum shall change any other term of the
original Lease which is hereby ratified and confirmed by this Addendum.
Dated this bZ day of X 2016
City of Mc 1, Idaho
is Sw. on, Council Pr sid kt
McCall D,elly 'strict
Lai e Ere -son, Chairman,
Board of T es
Attest: J:!��!I.// /Ij//_ / Attest:
BessieJo Wagner, i 'Clerk Che S .. on, Clerk
Mc all Do r elly School District