4J Stadium, October 1999 Forward

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ant by: 4J RISK MGMT 541 687 3687; 04/06/01 7:46AM;JetFax #631;Page 3/5 risk issues. Jim Croteau sent the District a request for the District to adopt City park rules. When Bill Hirsh spoke with Jim about this, Bill's understanding was that the City saw this as a temporary measure until the City park designation could occur. The District prefers to resolve the larger issue first. Your proposal offers an alternative, which is for the district to adopt the City 's park rules, but to retain all responsibility, except for the modification of the hold harmless around premises liability_ However, in a recent telephone conversation between us, you stated the reason for this stance was due to the City not wanting to change the joint maintenance agreements. You stated the decision was based on advice from Bob Lilly and Ron Cramer. who are the risk and insurance consultants for both the City and 4J. You represented that they had stated the joint maintenance agreements would have to be changed if the City accepted complete control and liability for the Youth Sports Parks. You also stated this occurred at a meeting where we were all discussing the issue of the sports parks though 1 told you I have no recollection of those statements. 1 have attached a letter from Bob Lilly and Ron Cramer outlining their recollection of that meeting. As indicated in their letter, there are no insurance issues that would prevent such an arrangement_ 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. if City staff believes this is no longer feasible then it seems necessary for us to move this issue to a higher level for resolution_ Feel free to call me (687 -3316) if you have questions or concerns. Sincerely, David Brewer Risk Manager Enc 04/06/01 FRI 08:32 ETX /RX NO 9645]