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P <br /> City of Eugene <br /> 777 Pearl Street <br /> MEMORANDUM Eugene, Oregon 97401 <br /> (541) 682-5061 <br /> (541) 682 -6831 FAX <br /> www.ci.eugene.or.us <br /> Date: August 16, 2001 <br /> To: Jim Johnson <br /> From: Jim Croteau, Myrnie Daut, Jeff Lankston, Jerry Lidz <br /> Subject: Skate Parks /Youth Sports Parks <br /> At our meeting on June 5, you requested that we advise you of possible options in responding to David <br /> Brewer, 4J Risk Manager's April 4, 2001 letter stating that "there was always an assumption" on the <br /> part of 4J that the City would have full responsibility and liability for the skate parks "if not the entire <br /> youth parks ". (letter attached) <br /> Under the current IGA, each entity has responsibility for insuring the property it owns. Each entity <br /> indemnifies the other for the claims arising from or related to its actions or failures to act. Although <br /> there have been instances of graffiti and other vandalism, we have not received any liability claims <br /> related to the YSPs. (The City has never received a claim arising from the use of the city -owned Amazon <br /> skate park, which was opened in 1991.) <br /> We have spent considerable time discussing possible responses to 4J with PW and LRCS staff and have <br /> identified three basic options, which are outlined below. A brief review of this issue follows the list of <br /> options, along with a summary of the key sections of the existing Intergovernmental Agreement (IGA). <br /> Options: <br /> 1. Maintain the existing IGA and request that 4J adopt the City's park rules so that EPD can <br /> enforce the rules. <br /> Discussion: This was originally the City staffs preferred option since it would resolve the <br /> enforcement problem while leaving the existing IGA intact. <br /> 2. Amend the existing IGA to operate the YSP park components as City parks as 4J <br /> requested, with 4J retaining ownership of property they currently own. The existing <br /> Maintenance Agreement and the insurance and indemnification language in the current IGA <br /> would remain in place. 4J would retain premises liability for the property it owns (that is <br /> liability for claims that do not arise from negligence). A proposed IAG amendment is attached <br /> which was originally drafted by 4J last October. <br /> Discussion: If the park components were operated as City Parks, EPD could be called upon to <br /> enforce park rules. In addition, LRCS and PWM staff would be responsible for handling the <br /> reservations and scheduling all of the park features (skate parks, basketball courts, play areas, <br /> etc). In recent discussions LRCS and PWM staff have said that there would be community <br />