Youth Sports Park User Committee

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Memo to Jim Johnson 4J Youth Sports Parks Options August 16, 2001 Page 2 benefits to the City handling the reservations and scheduling all of the park features (skate parks, basketball courts, play areas, etc). We understand that Cal Young does some programming of the skate park but that Churchill has not been involved in programming any park components at that site, so neither the City or 4J is providing this service to the public. Although designating the park components as City parks would require additional City staff resources for scheduling and reservations, staff believes the additional workload would be manageable and would be offset by the public benefit. 3. Renegotiate the IGA, to respond to 4J's contention that the current IGA does not reflect either 4J's assumptions or the intent of the parties. Discussion: City staff involved in this issue are not aware of previous discussions or verbal agreements regarding the City's assumption of liability and administrative responsibility referred to in David Brewer's letter. As we discussed when we met in June, there are legal barriers to the City's assumption of responsibility for what otherwise would be 4J liabilities. As we also discussed, 4J ownership of most of the property, the joint maintenance agreement, which PWM continues to support, and shared responsibility for planning and designing these facilities make the concept of the City's assumption of total liability for the Youth Sports Parks problematic. Recommendation: Staff recommends Option 2. Background: David Brewer, 4J's Risk Manager attached letter to Myrnie Daut, dated April 4, 2001, states: "...even from the initial planning stages there was always an assumption on the part of the district that the City would assume responsibility for at least the skate park component of the Youth sports Parks, if not the entire youth parks. This assumption included the belief that the City would exercise almost complete control of the parks, including associated liability and administrative issues....The District still believes the initial discussions between the City and 4J about the development of the sports parks included the City accepting control and liability for these facilities." Intergovernmental Agreement: The IGA between the city and 4J for the Joint Use and Development of Youth Sports Parks and Athletic Fields was drafted by 4J and signed by George Russell and Christine Anderson, AIC City Manager, on March 28, 2000. The IGA does not reflect 4J's assumption that the liability and responsibility for the Youth Sports Parks would fall entirely to the City of Eugene. The IGA includes the following provisions: Definitions: The IGA defines "fields ", as the artificial surface multi -use athletic fields. "Youth Sports Parks" constructed at Cal Young Middle School, Churchill High School and Sheldon High School " include such features as upgraded natural surface fields, accessible basketball courts, skateboard facilities, tennis courts, picnic tables, accessible outdoor bathrooms, walks, plantings and fences... ".