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1 <br /> • Marsh /Cramer & Giles <br /> City of Eugene -Lane County School District 4J <br /> vb „Skate-Park/Athletic Fields <br /> r Facility Use Agreement <br /> S r on/ l <br /> Proposal <br /> That the City and the District will agree to amend the existing agreement to reflect the following <br /> terms and conditions. Marsh and Cramer & Giles prepare this option as representatives of each <br /> entity. We have reviewed how this effects each entity's exposure to risk and total cost of risk. <br /> We believe it is fair to all parties. <br /> Concept <br /> The intent is to design a risk manageme .roc: • that all s for continued cooperation between <br /> the entities, protects the interest of - . ch e. , . , , . _ ,I uat address the risks involved. The <br /> proposal should be one that c. , . - • • *Ms - d , . as littl hange to the existing agreement <br /> as possible. <br /> • .• . dments <br /> The proposal is to amend the - g agreement to reflect the following as it relates to liability, <br /> property and indemnification. <br /> 1 Sf SkateP rks the City of Eugene will be responsible for liability arising out of the skate parks. 9 I <br /> The City will indemnify and hold harmless Lane County School District 4j. The City will <br /> purchase liability and property insurance, per the terms of the agreement. The City would control 1 ' <br /> and be responsible for all components of the risk, including the design. The City will add 4j as , 4 <br /> additional insured. <br /> Athletic Fields the District will be responsible for liability arising out of the athletic fields. This <br /> would include design, premises and operational risks. The District will secure use agreements <br /> from third parties, including the City, (where appropriate) that protect both entities. The District <br /> will add the City as additional insured and will agree to hold harmless, as outlined in the original <br /> agreement. 4j will purchase property insurance. <br /> Issues <br /> a. The City might have to lease the skate parks from the District for a nominal fee. This could <br /> be under a separate agreement. <br /> b. It might be best to have two separate sub - agreements, which could be attached to the original <br /> agreement. <br /> c. The Skate Park agreement will need to identify specific areas. (Example- 50feet from end of <br /> �, ,'C.,y..1� � <br /> skate facility, and include bathrooms). 1 - 4- `��^ b y% <br />