HomeMy Public PortalAbout1997.09.10 Land Lease Agreement for Skate ParkFILE COPY
LEASE AGREEMENT
This Agreement is made by and between McCall -Donnelly Joint School District No.
421 ("District") and the City of McCall, an Idaho municipal corporation, for and in
consideration of the mutual promises herein contained.
B ackground
1. District owns a tract of land at or near the corner of Mission Street and Idaho Street
in McCall, which is the location of an open, concrete slab structure with a roof,
described on Exhibit "A" ("Property").
2. District has no immediate use for the property.
3. City has a recreation program, and desires to provide a place where skate -boarding
may occur without obstructing streets or sidewalks.
Understandings
4. District leases the Property to City, and City leases the Property from District,
effective August 14, 1997.
5. City shall pay District the sum of $1.00 per annum for so long as City continues
recreational use of the Property. Such rent may be paid in advance for the
presumptive first term of 10 years.
6. This Lease Agreement may be terminated by either party on not less than 180 days
notice to the other, but shall otherwise continue in full force and effect for a term of
10 years from the date of this Lease Agreement. In the event that District is
contemplating terminating this Lease Agreement, the matter shall first be discussed
with City's Recreation Director to determine if the cause of the contemplated
termination can be mitigated.
8. Any notice under this Agreement may be delivered by certified mail, return receipt
requested addressed to City at P. O. Box 986, McCall, ID 83638-0986, to the
attention of "City Manager;" and to District by certified mail, certified, return receipt
requested addressed to District at P. O. Box , McCall, ID 83638- to the attention of
"Superintendent."
7. City shall arrange for and carry public liability insurance on Property in an amount
of not less than $500,000 single limit, and shall indemnify and hold District
harmless from, causes of action arising from use of the Property by persons
participating in programs sponsored by City. District shall be named as an
additional insured with respect to this property.
Dated:
City of McCall McCall -Donnelly Joint School District No. 421
by: by:
City Manager Chair, Board of Trustees
McCall -Donnelly Joint School District No. 421
PO Box 944 • 120 Idaho Street • McCa11, Idaho 83638 (208) 634-2161 FAX (208) 634-4075
September 10, 1997
To: Bob Peckham
Re: Skateboard Park
From: Steven Lowder, Ed.D.
District Superintendent
MEMORANDUM
I should have been more specific with you in regard to the concerns the Board of
Trustees had on the contract for the "ice rink" skateboard park. Specifically, they had the
following concerns:
1. • Relief for the District with regard to repairs, maintenance, and
improvements. As I said earlier, we just don't have the resources to repair
or maintain the facility.
2. They thought that a 90 day mutual release from the contract would be better.
3. A term of 10 years was fine.
4. Finally, and you said you were going to do this anyway, posting` the area as
a City Park.
I think that's it. If you have any concerns or questions, please let me know. By the
way, the kids have been great. Just some trash, but that's to be expected since there are
often 20 or 30 kids in the area after school and in the early evening. Good Wort Bob!
ti
McCall -Donnelly Joint School District No. 421
PO Box 944 • 120 Idaho Street • McCall, Idaho 83638 (208) 634-2161 FAX (208) 634-4078
July 28, 1997
To: Bob Peckham
Re: Lease Agreement for "Skating
From: Steven Lowder, Ed.D.
District Superintendent
MEMORANDUM
I have reviewed the lease agreement and run it past our legal counsel. We can only
find two small items which we would like to change:
1. Under item #5 add an effective date for the lease.
2. Under item #6 we would like to have the School District be named as an
additional insured.
Please review these items with your legal department and if they are , I will present
this to the Board at the August 11, 1997 meeting. If you have any questions or concerns,
please call.
McCall -Donnelly Joint School District No. 421
PO Box 944 • 120 Idaho Street • McCall, Idaho 83638 (208) 634-2161 FAX (208) 634-4078
September 10, 1997
To: Bob Peckham
Re: Skateboard Park
From: Steven Lowder, Ed.D.
District Superintendent
MEMORANDUM
I should have been more specific with you in regard to the concerns the Board of
Trustees had on the contract for the "ice rink" skateboard park. Specifically, they had the
following concems:
1. Relief for the District with regard to repairs, maintenance, and
improvements. As I said earlier, we just don't have the resources to repair
or maintain the facility.
2. They thought that a 90 day mutual release from the contract would be better.
3. A term of 10 years was fine.
4. Finally, and you said you were going to .do this anyway, posting the area as
a City Park.
I think that's it. If you have any concerns or questions, please let me know. By the
way, the kids have been great. Just some trash, but that's to be expected since there are
often 20 or 30 kids in the area after school and in the early evening. Good Work Bob!
Fred A. Moreton & Company
INSURANCE - SURETY BONDS - EMPLOYEE BENEFITS
November 13, 1998
Mr. Robert Peckham
Recreation Director City of McCall
PO Box 986
McCall, ID 83638
Dear Bob:
It was a pleasure meeting with you on November 5, 1998. The purpose for my visit was
to discuss your safety concerns with respect to the skateboard park and to view the actual
park facility.
Prior to going out to the skateboard park, we discussed a number of the normal concerns
that city's will have, when implementing a skateboard program. The aspect of
establishing a self inspection program, monitoring of use and security of the facility were
discussed with you. I did provide you with information from the local government
insurance trust, relating to loss control guidelines, a sample program from the town of
Ocean City, news releases relating to skateboard facilities and information from the
American Park and Recreation Society relating to skateboarding.
During our visit to the skateboard park, several safety concerns were noted and have been
below for your review and possible action.
1. The surfacing material always needs to be maintained in good condition. In areas
such as the half pipe where the metal surface is starting to pull up, does need to be
resecured. In addition, there are metal edges that are in need of reconfiguration to
avoid potential catching, cutting, and tripping exposures. Additionally, there are
screws starting to pop up in some of the surfaces that need to resecured.
2. It is suggested that the elevated platforms for the ramp and half pipe be wide enough
to provide an adequate landing for users. It is suggested that appropriate railings and
toe boards be installed to protect those individuals who are accessing the platform
area. For your assistance, I have enclosed the state of Idaho Building Safety
Regulations on construction of a railing for your review.
3. It is suggested that impact absorbent materials be placed around the various pieces of
equipment. If you would like, I can provide you with information on the various
SINCE 1910
6223 North Discovery Way, Suite #200 P.O. Box 191030 Boise, ID 83719
Telephone (208) 321-9300 Fax (208) 321-0101
Assurex eafrERNMIONAL
Independent Partners United for Growth
types of impact absorbent materials that can be utilized and the depth of the material
that would be used. Also, areas where individuals could strike a support post or
exposed concrete curbs should be protected.
4. As you will note from the materials provided to you, there are suggestions that
organizations should have someone monitoring the facility during the open hours. In
addition, there should be some type of a security measure for insuring that others
cannot use facilities during that closed period of time. This could be through
utilization of appropriate fencing and gates.
5. Sample materials were left for your review on the implementation of rules and
regulations for users of the facility.
6. It is suggested that a process be implemented to insure that first aid is available for
individuals who may be injured while utilizing the facility.
7. It is suggested, when constructing equipment such as this, that we utilize the
specifications as designed by a qualified architect or other like organization. The
materials utilized and construction process should follow those guidelines exactly.
This could enable us, should an injury occur to have some potential of recovery
against the organization designing this equipment.
While the above information is not inclusive of all of the exposures that could be
encountered in this type of program, it does hopefully, give us a starting point to work
from. If I can be of additional assistance to you, please call me at anytime.
Very truly,
Gerald Mulder
Risk Management Department
Enclosures
cc. Brian Olson, City Manager
Allan Ranstrom
Marcia Wing
-Local Government Insurance Trust
RISK MANAGEMENT BULLETIN
:No. 64 April 15, 1996
LOCAL GOVERNMENT INSURANCE TRUST
Loss Control Guidelines
for
Public Skateboard and Rollerblading Facilities
INTRODUCTION:
To assist us in preparing this report, we have been in contact with the Public Risk Management
Association (PRIMA), Risk Insurance Managers Society (RIMS), and reviewed the Hazard
Analysis Report HIA (Hazard Identification and Analysis) on skateboarding provided by the
Consumer Product Safety Commission. Skateboarding continues to be a rapidly growing activity
in the United States and, with its popularity, brings the chance for increased exposure to a rise
in accidents. The following paragraph from the Consumer Product Safety Commission states:
"Because there is an element of risk in the sport itself, even optimal conditions
would not completely preclude accidental injury. An experienced skateboarder
wearing full protective equipment and riding a well -engineered and maintained
skateboard in a carefully -controlled environment is still at risk for injury to death.
The probability may be reduced, but cannot be completely eliminated."
If your local government is considering a skateboarding facility, the three most important areas
are supervision, protective .gear, and rules/warning signs. The proposed facility should be
supervised at all times when it is open to the general public. The person or supervisor in charge
of the facility must have sufficient knowledge of skateboarding to enable him/her to review and
determine the skill level of the skaters, before permitting them to use the facility. The facility
should be divided into designatedareas for beginners and more experienced skaters. The
supervisor also should be trained in CPR and first aid care.
GENERAL:
The skateboard facility (i.e., park(s), ramps, and/or "areas" must be designed and constructed
with a priority commitment to reducing the risk of injury to participants, spectators and users,
and to reduce the liability exposure to both the local government. The purpose of the skateboard
facility, park, ramp, or "area" should be to give skaters a safer alternative to skating on streets,
sidewalks, and in parking lots.
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Local Government Insurance Trust Risk Management Bulletin No. 64
Skateboard runs should be labeled clearly as to degree of difficulty. The park should retain the
right to revoke skating privileges of participants who are rowdy or who otherwise do not abide
by the rules. .
A complete accident report should be filed by the skateboard Facility Supervisor on duty
following any accident or injury occurring at the skateboard facility. This documentation should
include:
1. the' date
2. the time of day
3. the injured person's name, address and phone number
4. the name of the injured person's parent or guardian, if a minor child
5. the names and phone numbers of any witnesses
6. a complete description of the events and circumstances surrounding the accident
or injury
7. the cause . of the accident, corrective actions felt necessary that may prevent
reoccurrence.
All incident and accident reports should be kept on file.
- PEOPLE:
Employees must be trained regarding all safety rules and procedures, operational procedures,
management requirements, etc. All training and orientation given skateboard area employees
must be documented and retained on file.
All users of the skateboard area must complete a facility registration card which should be
shown to gain entrance to the facility. The user, and both of his/her legal guardians (if a minor),
must read and complete the warning and waiver form provided by the local government. The
local government must realize that, while a waiver may deter a claim, it is not a defense for a
suit.
Basic instructions should be provided for beginners by an individual familiar with safe
skateboarding techniques.
The skateboard supervisors (employees) must be stationed such that the entire area may be
viewed and monitored for rules violations.
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Local Government Insurance Trust Risk Management Bulletin No. 64
The number of people allowed in the area should be limited to minimize injuries resulting from
collisions. The Facility Director or whoever is in charge should determine the patron limit
based upon the size of the skateboard area, the number of employees on duty, seasonal demand,
= etc. This will help insure a safe management ratio between supervisors and. users. • •
Employees should be certified in Red Cross First Aid and an appropriate first aid kit should
be readily available on site. Appropriate police and ambulance phone numbers, as well as ready
access to a telephone, should be maintained. An adequate emergency plan must be developed
for the skateboard operation and should be appropriately communicated to allemployees.
EQUIPMENT:
There must be a documented daily visual check by the employees on duty for any visible hazards
or repair needs.
There must be a documented complete inspection performed by the maintenance supervisor at
least once monthly; included in all inspections should be any walking or standing surfaces,
fencing, steps, handrails, spectator areas, and or any construction- deficiencies.
All maintenance and repair work should be documented as to the type of maintenance
performed,• the name of the employee performing the work, and the date completed.
Safety equipment must be worn at all times while using the facility. This equipment shall
include, but not limited to, the following: appropriate skateboard in good working condition,
helmet, knee and elbow pads, gloves and wrist supports, gloves and proper shoes. There is
protective equipment currently being manufactured that will help reduce injuries. Additional
equipment for consideration are specifically designed slip resistant shoes, helmets, padded
jackets, padded shorts, as well as padded hips, knees and elbows. The most important feature
to look for in protective equipment is comfort, design and function. The equipment should not
interfere with the skateboarder's hearing, movement and/or vision. The skateboard supervisors
(employees) should prohibit skaters from using the facility if their equipment is not deemed
satisfactory.
ENVIRONMENT:
The Public Risk Management Association (PRIMA) recommends that skateboarding should be
allowed only in designated areas, and the following minimum loss prevention measures should
be enforced:
1. • The designated area should be secured by a lock, with one entrance which is
securely locked during all closed hours. Designated entrances and exits to
skateboarding areas should be used one at a time.
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Local Government Insurance Trust
Risk Management Bulletin No. 64
2. Rules and regulations, including hours of operation, are to be posted in a
conspicuous location.
3. The area should be designed according to appropriate safety standards.
4. All design specifications, assembly instructions, and maintenance/operations
recommendations from the developer, engineer, and/or manufacturer must be retained
on file.
5. The skateboard area must be completely enclosed by a fence at least eight (8) feet in
height.
6. The fence should be located at least eight (8) feet from the edge of the skating surface
to allow for a hazard -free "fall zone" before reaching the fence.
7. The fence should provide for adequate protection for spectators from flying boards, other
debris and/or falling skaters, and should also help protect skaters from interference and
distractions by spectators and passers by.
8. An appropriate impact attenuating material and/or softening agent (i.e., pea gravel, loose
sand, mulch, etc.) should be maintained at depths of 6-9 inches in the "fall zone" for a
distance of at least six (6) feet around the entire perimeter of the skating surface.
OPERATIONS:
Well thought out rules should be established, used and posted throughout the facility. These
rules should include, but not be limited to, the following:
o No bicycles, roller skates, alcohol or drugs are permitted in the facility;
o All skateboarders must wear safety equipment which includes
elbow pads, knee pads and helmets;
o Skateboarders must enter and exit designated areas one at a time;
o Supervisors should develop rules prohibiting specific maneuvers
which experience, and/or the judgement of the supervisor on staff,
suggests is particularly hazardous;
o A sign should be posted at the entrance and throughout the facility
containing a warning of the hazards of skateboarding;
o Only one person per skateboard; and
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Local Government Insurance Trust Risk Management Bulletin No. 64
o Complicated tricks require careful practice. Only at specifically
designated areas and times will tricks be performed under the
supervision of the facility managers and supervisors.
Skateboard riding also requires good balance and body control skills. Many of the young
• skateboarders have not developed these skills and do not react quickly enough to prevent injury.
It is important for supervisors to review and train skateboarders how to fall in case of an
accident. This brief review .course with skateboarders help them reduce their chances of being
injured. The following is a list of the Consumer Product Safety Commission's recommended
falling techniques:
o If you are losing your balance, crouch down on the skateboard so
that you will not have so far to fall.
o In a fall, the idea is to land on the fleshiest part of your body.
o If you fall, try to roll, rather than absorb the force with your
elbows.
o Even though it may be difficult during a fall, try to relax your
body, rather than go stiff.
Because of the exposure of skateboarding and the nature of catastrophic injury associated with
the activity, it is currently considered a risk, where there is no known source of commercial
insurance available. If your local government wants to set up a skateboarding facility, we
strongly recommend that you transfer your risk by the way of waivers or via a private contract.
The transfer of a risk to a contractor is a method by which a skateboarding facility is managed
and maintained through a lease with a private contractor. The private contractor indemnifies the
local government for any negligence and places the local government on its insurance policy as
an additional insured.
This facility is used by both experienced and inexperienced skateboarders. Serious injury may
result from being hit by a skateboard, falling or colliding. The (Town, City, County) does not
assume responsibility for injuries -- SKATEBOARDING IS AT YOUR OWN RISK.
SKATEBOARDING FACTS
A skateboard ranges from 24" to 7' long, may be motorized, have sails or (for use on ice)
blades, or even bear a braking mechanism. For general purposes of our memorandum, we will
designate skateboarding as a means of enjoyment and sport. The skateboards that are used for
enjoyment or sport are made of wood, aluminum, plastic or fiberglass and are usually used in
the street or a specialized arena.
As a result of a Consumer Products Safety Commission NEISS Hospital Report, the following
was revealed:
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Local Government Insurance Trust Risk Management Bulletin No. 64 .
o One third of the victims were skating for less than one week.
Most of these were injured the first time they tried skateboarding.
o Two out of every five injuries were to a person using a borrowed
skateboard.
o The most frequently injured were within the 10 to 14 year old age
group which suffered 45 % of the injuries.
o Fractures were the most common type of injuries, occurring in
about one-third of all injuries.
o Over half of all injuries were to the lower arm or leg.
o Five percent of the injured persons were admitted for hospital in-
patient treatment.
o One out of every three accidents occurred when skateboarders
struck irregularities in the riding surface. One out of every four
involved victims who lost their balance.
o Slightly over 1 % of the injuries were attributed directly to the
product.
SUMMARY:
These basic loss control guidelines should be used to protect skateboarders from injury and also
your locality. These and other guidelines should be reviewed by your city, town, or county
attorneys before being implemented. Adherence to these guidelines will not alleviate your loss
potential; however, adherence could possibly prevent serious losses from happening.
While there may be a considerable risk exposure associated with the operation of a local
government's skateboard area, much of the risk can be reduced through proper supervision and
maintenance. All skateboard area employees should be given an orientation training program to
familiarize them with . the operational standards of the skateboard facility, as well as the
maintenance requirements, safety standards, and rules of the skateboard facility. This training
should be fully documented and retained on file for each employee.
Developers of the skateboarding area, manufacturer's of skateboard materials and equipment may
place further restrictions and guidelines upon the supervision and operation of the skateboard
facility and these should also be implemented. •
The preceding information is a preliminary guideline designed to help local governments develop
a skateboarding policy. These guidelines are not intended to fully compensate any skateboarding
facility or policy, and it is strongly recommended that the local governments review the above
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Local Government Insurance Trust Risk Management Bulletin No. 64
guidelines with their Risk Manager or Town Attorney to insure that the skateboarding policy is
tailored toward specific local government needs.
LGIT does not represent that these recommendations identify and address all of the unsafe or
hazardous conditions associated with the operation of the skateboard facility, nor do we represent
that implementing our recommendations is the best possible solution and that no injury or
financial loss will occur if they are followed. It is our opinion that implementing the
recommendations should reduce the potential for accidents. These recommendations are made
from a Loss Control perspective, and are not a substitute for legal advice. Final language of any
agreement/waiver should be reviewed by the local government's counsel.
This bulletin is intended to assist in minimizing potential exposure to financial loss and is not
intended to insure compliance with federal, state or local laws, regulation or rules, nor is it
intended to be a substitute of legal counsel, actuarial assistance or other professional services.
O:\...\RMB RMB.64Usm
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Sample Facility Regulations...
Skateboard Ramp Rules and Regulations
1. All skaters must have a registration card.
2. All skaters must provide their own skateboard and equipment.
3. Safety equipment must be worn at all times.
4. Only one (1) skater on the ramp at a time.
5. Only three (3) skaters on the platform at one time.
6. No food or beverages allowed inside the fenced area.
7. Extreme recklessness will not be tolerated.
8. No destroying or defacing public property.
9. Skateboards are allowed in authorized areas only.
10. All other park rules and regulations must be followed.
Infractions of the above rules may result in loss of skateboard card and all skating privileges.
RAF \ Skate.rulesUsm
Sample Risk Management Tips
1. Rules and regulation signs should be posted.
2. • Attendant should be on duty during all operation hours.
3. Policy manual for staff should be developed.
4. Fence compound to control access.
5. Daily inspection should be made by staff.
6. Safety equipment required --helmet and elbow/knee pads.
7. Release form should be required.
8. Accident reporting procedure should be in place.
9. Insurance should be reviewed periodically to help insure coverages now in force,
especially if changes have occurred at the facility.
10. Records should be maintained.
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