CR 2000-056 Skate Park Operations and Lease
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April 18, 2000
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Council Report 2000-56
Skate Park Operations and Lease
Proposed Action
Staff recommends adoption of the following motion: 1) Move to approve the
operational rules. regulations and staffing guidelines for the Hopkins Overpass
Skateoark and 2) Move to approve the five year lease for the site of the skate park with
the State of Minnesota, Department of Transportation.
Overview
Discussions were previously held by the city council on March 10, 1999 (counci! report
99-52) and again on March 1,2000 (council report 2000-30). These previous reports
discussed the park board recommendations for the site, time frames, funding sources,
equipment purchase and identified additional actions forthcoming. This report
identifies the operational rules, regulations, waiver forms, and budget projections. This
report also seeks approval for the lease with the Minnesota Department of
Transportation for the site of the skatepark. City staff has met with the Depot board of
directors and the Depot Operations Manager, Kathleen Taber to identify the operational
jurisidiction for the skatepark. Staff is prepared at this time to make recommendations
to the City Council on these important issues.
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Primary Issues to Consider
. Review of operational rules, regulations and waiver forms.
. Projected budget for the skatepark.
. Review State of Minnesota, Department of Transportation lease.
. Will any additional actions be forthcoming?
Supportina Information
. Analysis of Issues
. The Depot Coffee House letter
. Youngdahl Companies Fax re; insurance
. Miller, Steiner & Curtiss Memorandum
. Skatepark operational documents
. State of Minnesota, Department of Transportation Lease
.1 ~ite map and layout
0";~
Ra og an
Supt., Parks and Forestry
.
Financiallmpact: Enterprise Fund
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: Not in vear 2000
Council Report 2000-56
Page 2
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Analvsis of Issues
· Operational rules; Eight pages of general information on the skatepark have been
attached for review. Although this information is not cast in stone, it has been used
successfully in the City of Roseville at the John Rose Oval skatepark. This information
contains general information on the skatepark and gives guidance to the public on the
facility. Information on the original investment, staffing, admission prices, concessions
available, goals and strategies, release forms and rules of the skatepark are presented for
review.
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· Budget; The projected budget for the skatepark has been set up as an enterprise fund
budget. The following are projected major expenses for the four months we anticipate
having the skatepark. open in 2000, resulting in operation expenses of about $49,250.
1) Personnel costs are expected to be $42,500.
2) Portable restroom expenses will be $500.
3) Insurance will be $5,500.
4) Cell phone costs will be $250.
5) Electrical will run $500.
Operation revenues are expected to offset expenses. Projections are difficult to forecast
accurately, but should compare favorably with the City of Roseville skate park. This skatepark
is very similar to our park and we have used the last two years of attendance figures at
Roseville to estimate our projected revenues. We have estimated that our revenues should be
close to $50,200, If the projected attendance figures prove to be incorrect, any deficit for this
season of operations would be recommended to be funded through city contingency funds.
1) Memberships, 200 @ $30:::: $6,000
2) Daily memberships, 7,200 @ $6.00:::: $43,200 (450/week @16 weeks:::: 7,200).
3) Concessions, $1,000
It is proposed by city staff to have the operational jurisdiction of the skate park within the Depot
Coffeehouse. The duties of the Depot Operations Manager, Kathleen Taber will be expanded
to include the skatepark. The salary for the Depot Operations Manager will be split 1/3 for
each of the three divisions represented; the Depot, the Coffeehouse and the skatepark. The
proposed salary has been included in the proposed budget for the skate park.
· State of Minnesota Lease; The lease for the site has been attached for review. The
lease is for a renewable 5 year lease at no cost to the City of Hopkins. A recommendation
will be attached by the DOT to renew for a second 5 years, The State of Minnesota does
not permit leasas for longer than the 5 year period. Once the City Council gives a
recommendation for approval of the lease, the appropriate city staff will execute the
document.
. Additional actions forthcoming; Additional actions will include budget information in
the next budget cycle. Staff anticipates several City Council updates as we move forward
on the construction. A grand opening is being planned which may include demonstration
skaters, prizes and refreshments. Updates are also planned as the season moves forward.
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Skate Park, Layout I, View 2
TnieRide Inc.
5781 Berquist Road
Duluth, Minnesota 55804
Tel: (218) 525-2625
Fax; (218) 525-2850
www.Tl1.leRide.com
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Board of
Dirocrors
Tom .\tYU6
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Th.ml; )'OU fur prcs~nun~ W The D\;pu~ bUl1!J mei:tiJlll Oil Mundll.;, T:n::: DqWl b c:<.~i~J
D.bOUl you prapos:1llc have K:J.lhl(>Cn mClI1J,e \he UY~rp~~; Skar~ park, Wl' th,J\K l'lothln,~ bUI good
Ihlng\ (.:tl:1 ':01ne l)fllli~ !'rt:ll'tl~hip 3Jd ar~ very cl\:itr;>d "nLuL 1114! Jlu~~il:llitle.~ \l wlil hring On M(]n-
d~y Ma.rd~ 3rd The DepCll iloa.rd ofDlr:::l'for, vo~od uniVltnCml) fa SLlppart K~ihlcen in her cndCll\lOJ
10 ffillnl!.gl: rhr ~blr r~:k, \\'~ ~Ilrt [h~r you .....ill TC:';('I1Hr,~nd Kalhlctn % YCllr ,'hnle,: IIi m~n~1!''' lhc
OV~rp[l5S Skotl! 'Pork, The Depj( BC'~d ~fDireClor~ ....culd like 10 [hAnk Y.;lU for .nduding U.l in )'CUI
pr(lp~sal Jnd lr:o],:~ for.....ard In w('\fkinF \W'Ilh tf.1' ("it} I'fHol'\:in< <In lhi~ rrC'lJer(
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APR-!3-00 15:43
FROM-YOUNGDAHL ASSOCIATES
6J29330916
7-970 P 01/01 F-5J5
Youngdahl Companies
10261 Yellow Circle Drive
Minnetonka, MinnesoTa
55343
FAX
Dale:
April 13, 2000
Number of pages including CD~er sheer:
1
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To: Ray V ogtman From: Carl Bennersen
Ciry of Hopkins
Phone: 612~352-934l
Phone: 612-939-1372 Toll free: 800-888-5324
Fax. phone: 612-939-1381 Fax phone: 612-933-0916
cabenne1se n@youngdahlcompanies.com
i REMARKS: 0 Per your request 0 For your 0 Reply ASAP 0 Please comment
reVlew
RE: Skate PlIIk Insul1Ul.ce Cost Estimau:s
Municipal Liabitil) and E&Q....Per Tro-Ride LayoUt #i (10 pieces over 3ft.) and $50,000 Oper. Expend. $ 4,310
Prope.rry in the Open @ $98,873 bid for layout ,1Jl 476
Building and Contents @ $5,000 24
Workers Compensation-Code 9016 Skuk Rink. AUaldants-Suhjec! to payroll audit
Est. Payroll $34,000 X 1.631100 X 1.06 bpr, Mod.X Premium Discount F~tor 550
Total Esrimate $5,360
Pl~ call if yOU ha....e any questions.
The Informacion contained in chis facsimile is privilege a and confidenrial informacion intended only for the use of the
Individual or entity named herein. If me reader of This message is not the intenCida recipient, or the employee or
agent responsible co delivBf if to the intendeC1 recipient, you are nereby notified thal any dissemination, aiSTfibUTjon
or copy of mis communicarjon is strictly proniDitea. If you nave received this communication in error, pJease notify
uS immediately by telephone, ana return the original message to uS at me address above via the Unfted Stares
Postal Service. Thank You.
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MILLER. STEINER & CURTISS. P.A.
PROH;::~'!()NAL il.,SSOCJATlON
A TTOR-NEl'S A T LA W
JERRE A. MILLER
JEREMY S. STEINER~
\V)l\"N CURTISS
-100 NORWEST BANK BUILDl~O
] 01] FIRST STREET SOUTH
HOPK1N~ MI).iNESOTA 55343
. h.c~t r-rC7"'rr-:\ Lil'\ Si:'l:.~t.'ll~\l c~rt..;;::.:l
952-93S-763~
fAX 952-938- 76"70
",\ '[J'll r\1~:lnC~(.1~ ::.1~(( 1j11! f',,:-::::n.:r('1";
.\lEMORANDCM
DATE:
April ), 1000
TO:
Jim Parsons
Ray V ogtmon
FROM:
Wynn Cuniss
RE
Depot Partners Skate Park Liabilil)
The purpose of this Memorandum is \0 discuss whether any of the entities partncring with the City of
Hopkins for the Depot Coffeehouse might hav:; any liability if the opaation of the skate park 1S c~mnecLc:d
in any way to the operation of the coffeehoust'.
1\1y undcrstandin~ of the plan at this time \s that the skate park wili be staffed by city employees "\\"ho like!:
wiJl be supervised by Kathleen -j 'aber, the Depot manager_ Other than the donation of certain materials te,
the skate park, no other private or puhlic entity will "hE: Jlartnering \\'ith the City in the construction 0r
operation of the skate park. in any way_
Based On the circumstances described above and my Tcviev-/ of the Depot Coffeehouse Partnershi.p
Agreement between the City of Hopkms and the other Depot partners, it is my opinion that the partners
\\ ould not face any liability pursuant to tht construction and or operation of the skate park. T \\'Q particuJar
matters. ho\vever, need 10 be addressed.
First. it is my understanding a YMC !-\ employee works at the: Depot on a contract with tbe City of Hopkin.:",
::-0otwithstanding Hut fact it is m)- opinion the 1'1\1(:\ would not be subject to any liability regarding thl'
skare park unless the Y:'vlCA employee was actively invol ved i n the constructlOn, operation or maintenance
of the skate park as part ofhi5 contract duties with the City of Hopkins. If that cmpioyce \\'I.:re to act ;:',5
a staff person at the skate park to organize events at the skate park or in any other way participate in the
operation of the skate parh., it is my opinion the YMCA would have potentia! liabi[jty under those
circumstances. Ifthat were to occur, i1 wouid be my recommendation that the City of Hopkin, not permit
the Y\lCA employee to perform those duties UDtii and unless the YJ\1CA was fully informed of th(: plan
and the YMC:'\ 's insurer named the Cit',' of Hopkins as an additional insured.
Second, the possible liability for any entities par-meting with the City ofHopbns for an event or promotiu)1
utilizing the skate park. Just as with any private group that utilizcs any City faciEty or panners with th(:
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City in the use of a City facility" such as the Center fonhe ,Arts or the Ice Arena. an entity partnering wi th
the City in the use oftlle skate park might have liability lor any injuries that OCCllr as part of that u~e.
Therefore, in those circumstances. the City shoulJ require that any such private entity have sufficient
inslliance and name the City as an additional inslJIed,
If you have any questions, please contact me.
we
WCldrs
c. \fi le\hopci. \mCfl\,'. raIsons
" no~nn '-I
.Jd]]1[J FI[ asar:,
g~ : 11 0k111("-':;O-c-I-'H
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1087
950
-- 693 i
2730
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TOTAL~~ST r TOTAL -HOUR
9783
66501
4851
.par!<T I. I ~I
- -----,--- ==c=__ -- -- October
- SePtembe~_1 I _! _u_
~ - --~ Cost
=-- R"'.. ~. He< I R'_'~
Cost Hrs_ _ _____ _
-- - 9 - -675
- 1323 75 - 420
~ ~ 819 60 J_ '-----0
117 ~ -- - 0 7_
n__ 7 0
o -- ___ 1095~-
- 2142 35
0_
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264
2790
1953
1953
6696
1 Op~raJ:ionaiBudg~!_
August
Rate
9
7
7
o
-3T5
279
279
868
Hrs
Cost
9 2790
- -
7 1 953
7 jT953
-- _ 0 ---1- 6696
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L-. H".... R,to _Ic""-~,,. R",
1Pian#1 _ _ _ ~
Supervisor 245 - - 9 I 2205- -
Attendant 1 215 505
Attendant 2 135 45
595
310
279
279
868
4655
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Week 1
-
~~
Cost
306
189
o
495
Rate
- I 1__
:~we~[~ ~~k ~IOctObe<
Rate -I Cost IHours- Rate Cost Hours
- - -
August
Hours
~ I~~~~
IR--a~
Jul~(
9
7
7
o
9 --..- .- 306 34
7 T89 27
7 0 0
0 495 61
9 630 34
7- 441 27
-=r--.- - 441 0
~--I-
o 1512 61
--- -
70
63
63
196
~- I -
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June ek 1
H==-t=te _0_ !GOS~
43 - ill87
308 --1_ - ;_ - - 2~~__
~_ 1_-
81 53
--1-
630
441
441
1512
Hours
70 9
63 ;- "7
~- f
196--. ~
Plan #1
1!9TAL
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Skate Pa rk
2000
June 1 ~I - October 151h (Season)
June}'1 - June 15th
Open 4-8 p.m., Monday-Friday
Open 11a.m.-8 p.m., Saturday-Sunday
1 Supervisor, 1 Attendant
.June 161h - August 31 st
Open l1a.111.-8 p.m.. every day
1 Supervisor. 2 Attendants
September 1 '1 - October 15tl1
Open 4-7 p.m., Monday-Friday
Open 12-6 p.m., Saturday-Sunday
1 Supervisor. 1 Attendant
Supervisor $9.00
Attendanl $7.00
$30.00 - Membership
$5.00/day - Resident members
$6.00/day - Non-resident members
$9.00/day - Non-members
Staffing Needs
June July August Septem ber October
Supervisors 2-3 2-3 2-3 2 1
Attendants 3-4 4-5 4-5 ! 2
THE HOPKINS OVERPASS
. Aggressive Skate Park - 2000
Capital Investment
The OVERPASS Aggressive Skate Park is an outdoor park that spans nearly 20,000 square feet. The park
contains 14 pieces of aggressive equipment. The City of Hopkins constructed the Skate Park in the spring of
2000. The park was built for durability, and weather resistance.
The initial investment by the City of Hopkins for the aggressive skate park equipment was the result of a
$135,000 donation from the Hopkins Jaycees. Each year new pieces of aggressive equipment will be added
to the OVERPASS aggressive skate park to keep the park fresh, exciting and current, relative to the changes
with the sport of in-line aggressive skating.
Insurance, Injuries, Staffing
The City of Hopkins through the League of Minnesota Cities covers insurance on the Skate Park.
The OVERPASS aggressive Skate Park is a supervised site with a minimum of2 person:
1 supervisor
1 skate park guard
. A minimum of one skate guard is policing the Skate Park at ALL times. The skate guard in the park checks
for session wristbands, proper protective equipment, and makes sure skaters are skating safely,
Admission. Waiver Forms. Protective Gear, Daily Sessions
Admission prices are as follows:
$5.00 for resident members
$6.00 for non-resident members
$9.00 for non-members
$30.00 for a membership
The Skate park memberships include discounted admission prices, discounted products, sponsor specials,
and "Members Only" sessions.
Every person, before entering the aggressive skate park is required to sign a one time waiver form (see
attached). If the customer is under the age of 18, a parent or guardian must accompany him/her to sign the
one time waiver form. Every customer receives a copy of his or her signed waiver form for future
references. Once the waiver form is signed, the waiver forms are filed of future customer visits to the Skate
Park. By filing the waiver forms, the need for a parent or guardian to accompany their child for every visit is
eliminated. The waiver form also creates a customer mailing list.
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Protective gear is provided for free with every admission, Protective gear is always MANDA TORY.
Required protective gear includes:
Helmet
Elbow pads
Knee pads
The Skate Park is structured with two to three aggressive in-line or skateboard sessions daily. Sessions
typically last three hours in length. With every paid admission the customer will receive a specific colored
wristband for that session. Wrist band color is changed for every session which helps the OVERPASS staff
differentiate sessions, recognize customers who have paid admission, and is used to police the skate park.
OVERPASS Concessions
The OVERPASS will offer a limited menu to Skate Park users. Soda, and chips will generally be available.
A wider selection of refreshments is available at The Depot, one block east of the Overpass.
Pro Shop
The OVERPASS does not have the space to maintain a pro-shop.
. Sponsorship
Sponsorships are available. Inquire with OVERPASS staff
Skate Rental
The OVERPASS does not offer rentals at this time.
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HOPKINS OVERPASS
. AGGRESSIVE SKATE PARK 2000
GOALS
. Offer a fun, challenging and exciting place for aggressive skaters May 1 - October 1,
. Incorporate safety as a MUST to all skaters
· Offer a minimum of one three hour session per day - seven days a week.
. Open 20 days in a 30 day period - dependent on weather
. Achieve sponsorship from local media, civic organizations and local businesses
. Average 60 aggressive skaters per day,
. Host a minimum of three aggressive skating competitions.
. Differentiate Aggressive Skaters from general admission skaters,
STRATEGIES
.
Build an Aggressive Skate Park.
Host a number of sanctioned aggressive skating competitions.
Offer FREE protective gear with any paid admission (General or Aggressive)
Offer skating lessons at a nominal fee to those who would like to learn to aggressive skate,
Otfer memberships to skaters, which incorporates discounted admission prices, sponsor freebies,
discounts and concession specials, ensure an added value to the Skate Park.
Secure sponsorships to maximize media and competitive exposure.
Skating center staff on site during every session
Offer a website with a continual amount of information
Offer Skateboarding as an extra feature to the Aggressive Skate Park
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TACTICS
· Skate Park is open seven days a week with two sessions daily.
. Advertisements in community newspapers, City Pages, Star Tribune, Local cable access channels
. Working with new sponsors to coordinate co-op advertising in local sports shops, radio tags and local
vendors
. Host a sanctioned Amateur Aggressive Skating Competition with ASA (Aggressive Skaters Association).
. Offer "Member Only" skating sessions with a discounted admission and sponsor freebies,
. Continual mailings to existing users and possible new customers.
. Schedules handed out at all Hopkins area schools
. Maintenance and upkeep of OVERP ASS website.
. Design a sponsorship package for local media to secure sponsorship of advertising
. Design pamphlets describing the Aggressive Skate Park
. Secure prizes through area vendors and businesses.
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OVERPASS Aggressive Skate Park
.
V oluntary Release, Acknowledgement and
Acceptance of Risks and Indemnity Agreement
This document affects your legal rights. You must read and understand it before initialing and signing it.
PLEASE PRINT LEGIBL YJ WE NEED TO BE ABLE TO READ IT!
Last Name:
First Name:
Member #:
Address:
City:
State:
Zipcode
Phone:
Date:
Ifunder 18, Name of Guardian:
e
I the above named person being eighteen or older in age, or the legal guardian of the above named person
who is under 18, in consideration of the services provided by HOPKINS OVERPASS SKATE PARK its
agents and employees, the promoters, the City of Hopkins, other participants, officials, advertisers and
owners (hereinafter collectively referred to as "sponsors"). The rate charged for those services and the right
to engage in this activity as a participant and lor volunteer, hereby acknowledge. agree, promise and
covenant with Sponsors, its agents and employees on behalf of myself, my heirs, assigns, personal
representatives and estate as follows:
ACKNOWLEGEMENT OF RISKS
I UNDERSTAND AND ACKNOWLEDGE that the activity that I am about to voluntarily engage in as a
participant and lor volunteer bears certain known risks and unanticipated risks which could result in
INJURY, DEATH, ILLNESS OR DISEASE, PHYSICAL OR MENTAL, OR DAMAGE to myself, to my
property or to spectators or other third parties. I understand and acknowledge those risks may result in
personal claims against Sponsors, its agents, or employees or claims against me by spectators or other third
parties. These risks include but are no way limited to the following:
1.
2.
3.
. 4.
5.
6.
The risks which are inherent in the activity ofIn-Line skating including but not limited to falling, coming
in contact with ramps, walls, other equipment or persons~
The acts or omission negligence in any degree of sponsors, and other person or entities
Latent or apparent defects or conditions in equipment or property supplied by Sponsors, or other person
or entities~
The conditions of any track or ramp and accidents connected with their use~
My own physical condition or my own acts or omissions~
First aid, emergency treatment or other services rendered by Sponsors, or others
4
7. consumption of any food or drink, whether or not provided by sponsors and untreated water from the
environment.
.
I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive and that other
risks, known or unkno~ identified or unidentified, anticipated or unanticipated may also result in injury,
death, illness, disease or damage to myself or my property or to spectators or other third parties.
ACCEPTANCE OF RISK AND RESONSIBILITY
I voluntarily agree, covenant and promise to accept and assume all responsibilities, and injury, death, illness
or disease, or damage to myself or to my property arising from my participation in this activity. I expressly
agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness, or
disease to spectators or other third parties and their property arising from my participation in this activity.
My participation in this activity is purely voluntary; no one is forcing me to participate in spite of the risks.
I have read this page and initial it to show that I understand and agree:
Date:
Parent/Guardian initial (ifunder 18 years):
Date:
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OVERPASS SKATE PARK
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RELEASE
I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Sponsors, and all
other person or entities affiliated therewith, from any and all liability, claims, demands, actions or type of action,
which are related to, arise about of or are in any way connected with my participation in this activity, including but
specifically not limited to any and all negligence, fault, or strict liability of Sponsors, and all other person or entities,
tor any and all injury, death, illness or disease and damage to myself or to my property. I FURTHER AGREE,
PROMISE, AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY Sponsors its agents or employees
and an other persons or entities from all defense costs, including attorney's fees, or from any other cost incurred in
connection \vith claims for bodily injury or property damage whieh I may negligently or intentionally cause to
spectators or other third parties in the course of my participation in this activity.
I FURTHER AGREE AND CONVENANT NOT TO USE, assert or otherwise maintain any claim against Sponsors,
its agents or employees, and all other persons or entities, for injury, death, il1ness or disease, or damage to mysclf or to
my property, arising from or connected with my participation in this activity for from any claims asserted against me
by spcctators or other third parties, IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE TIIAT IF ANYONE
IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN THIS ACTIVITY, I WILL
HA VE NO RIGHT TO MAKE A CLAIM OR FILE A LAWS un AGAINST SPONSORS, ITS AGENTS OR
EMPOYEES EVEN IF SPONSORS, ITS AGENTS OR EMPLOYEES, OR ANY OF THEM NEGUGENTL Y
CAUSED THE BODL Y INJURY OR PROPERTY DAMAGE.
ACKNOWLEDGEMENT OF EFFECT OF THIS RELEASE AGREEMENT
r UNDERSTAND AND ACKNOWLEDGE that by initialing andlor signing this document I have given up certain
e legal rights and/or possible claims which I might otherwise assert or maintain against Sponsors, its agents or
employees or other persons or entities including specifically, but not limited to, rights arising from or claims for the
acts or omissions, fault, negligence in any degree of Sponsors, its agents or employees, and all other persons or
enti ti es.
I understand and acknowledge that by initializing and or signing this document, I have assumed responsibility and
LEGAL LIABILI1Y from the claims or other legal demands, including defense costs, which may be asserted by
spectators or other third parties against me as a result of my participation in this activity.
PARTICIPANT INSURANCE BENEFITS AND REPRESENTATION OF PHYSICAL CONDITIONS
I UNDERSTAND AND ACKNOWLEDGE that no major medical insurance benefits will be provided to me during
this activity. I certify that [ have sufficient health, accident and personal liability insurance to cover any bodily injury,
property damage or disablement I may incur while participating in this activity, and to cover bodily injury or property
damage caused to a third party as a result of my participation in this activity. If 1 have no such insurance, I certify that
I am capable of personally paying for any and all such expenses or liability.
I FURTHER ACKNOWLEDGE that the undersigned is in good physical and mental health, and not suffering from
any condition, disease, or disablement, which would or could potentially affect participation in the activity.
I have read this page and initial it to show that I understand and agree:
Date:
Parent/Guardian initial (if under 18 years):
.
Date:
6
RULES OF THE OVERPASS SKATE PARK
.
1. Skating is restricted to the skating areas.
2. All skaters must have a registration card.
3. All skaters must wear the following protective equipment; a helmet, elbow and kneepads, wrist guards
and appropriate footwear.
4. All protective gear and equipment must be designated for skateboard/in-line skating and be in good
condition. The OVERPASS staff reserves the right to refuse to allow anyone to skate ifhis or her
protective gear and equipment are not adequate.
5. All skaters agree to act in an orderly, safe and considerate manner while on the premises and in the
skating area.
6. No "snaking". Everyone is to wait his or her turn. Reckless or dangerous skaters will be asked to leave
the skating areas and the premises immediately.
7. All injuries, whether major or minor in nature are to be reported to the management immediately. In the
case of a serious injury, do not move the injured person and all skating on that ramp shall cease
immediately.
8. Only one skateboarder is permitted on a board at a time.
9. No bicycles, roller skates, alcohol, tobacco products or drugs are permitted in this facility.
10. NO food or drink in the skating area.
11. No children younger than age 10 will be allowed in the skating area.
12. No reckless behavior or profanity.
13. Absolutely no refunds.
.
This is in no way a complete or exhaustive list.
ENTIRE AGREEMENT
I understand that this is the entire Agreement between the undersigned and Sponsors, its agents or
employees, and that it cannot be modified OR changed in any way by the representations or statements of
Sponsors or any employee or agent of Sponsors or by the undersigned.
My signature below indicates that I have read this entire document, understand it completely, and agree to be
bound by its terms.
SIGNATURE OF PARTICIPANT:
DATE:
SIGNATURE OF PARENT OR GUARDIAN (Ifunder 18 years):
SIGNATURE OF WITNESS (OVERPASS employee):
ALTERNATE CONTACT: (Someone to call other than parent/guardian in case of injury)
LAST NAME:
. PHONE:
FIRST NAME:
RELA TrONSHIP:
7
.
SAMPLE MEMBERSHIP CARD
(2.5" X 3.5" card)
Identification card to be carried by user
HOPKlNS-MINNETONKA RECREATION
DEPARTMENT
This certifies that
is registered to use the OVERPASS Skate Park.
Address:
Phone:
Date:
.
.
8
HOPKINS OVERPASS RECEIPT AND TEMPORARY PASS
Name of Member:
Last
First
Middle Initial
address:
City:
State:
Zip:
If Under 18, Name of Guardian Relationship Birth Date
1
2
Issue Date:
Phone: (
Signature
Date
For Office Use Only
This pass is valid for seven (7) days from date of issue!
Membership D $30 Permit Number:
Resident Member D $5 D Cash
Non-Resident D $6 D Check
Member
Non-Member D $9 Staff Initials:
.OPKINS OVERPASS RECEIPT AND TEMPORARY PASS
Name of Member:
Lasl
First
Middle Initial
Address:
City:
State:
Zip:
If Under 18, Name of Guardian Relationship Birth Date
1
2
Issue Date:
Phone: (
A Resident is
defined as a
person living in
the cities of
Hopkins or
Minnetonka
Signature
Date
For Office Use Only
This pass is valid for seven (7) days from date of issuel
Membership D $30 Permit Number:
Resident Member 0$5 o Cash
Non-Resident 0$6 D Check
Member
Non-Member 0$9 Staff Initials:
A Resident is
defined as a
person living in
the cities of
Hopkins or
Minnetonka
H~~-1~-2000 O~:30
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.
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MINNESOTA DEPARTMENT OF TRANSPORTATION
OFFICE OF LAND MANAGEMENT
TRANSPORTATION BUILDING
395 JOHN IRELAND BOULEVARD
ST. PAUL, MINNESOTA 55155
INTEROFFICE FAX MEMORANDUM
- FOR lMMEDIA TE ATTENTION -
TOTAL PAGES FAXED: L
DATE:
TO: FROM:
Ray VOgttNlN Bonnie A. McCabe
City of Hopkins Real Estate Representative Sr./ Leasing Specialis
Property Management UnIt Mailstop 631
Phone: 651 296-9744 FAX: 612297-5399
Fax: 612.939.1381 E-mail: bonnie.mccabe@dot.state.mn.us
Attad'led is a copy of1he $tate of Minnesota, Department of Transportation Commercial draft lease (without Exhibit
A), for your review. After your review, please advise if this lease meets your understanding of the deal. Upon
. finalizing this lease, I will forward execution copies of the lease to your attention.
If you have any questions, please contact me.
.
.
.
.
HPP-1~-20UO U~:~O
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Minnesota Department of Transportation
Office of Land Management
Transportation Building Mailstop 631
395 John Ireland Boulevard
S1. Paul, Minnesota 55155-1899
651.296.9744
S.P.:
PARCEL:
2772(169=383)*02-002
a portion of 20
LEASE NO. H-06018
(27A008)
COMMERCIAL LEASE
THIS LEASE is made between the Stale of Minnesota, Department of Transportation ("Landlord"). and the City of
Hopkins ("Tenant").
Mai] Lease to: Ray Vogtman
Park/Forestry Superintendent
City ot Hopkins
11100 Excelsior Boulevard
Hopkins. Minnesota 55343-3435
IT IS AGREED:
1. In consideration of payment of the rant hereinafter specified to be paid by Tenant, and the covenants and
agreements herein contained, Landlord hereby leases to Tenant that certain property ("Premises") in the County
of Hennepin, State of Minnesota, descnbed as follows:
Address of Premises: JCt. T.H. 169 and County Road 3, Hopkins, Minnesota, as further shown on Exhibit A
attached hereto and by this reference incorporated herein.
Type of Property:
28,875 usable square feet of Irregular shaped commercial land.
This Lease includes improvements, if any, and is in effect for the term of five (5) years commencing on May 1,
2000 ("Commencement Date) and continuing through April30, 2005, with the right of termination in both Landlord
and Tenant as hereinafter set farih.
2. RENT. The consideration for this Lease Agreement shall be the mutual benefits to both parties of this Lease
Agreement.
3. USE OF PREMISES. Tenant shall use the Premises for the following purpose only: a public recreational park
purposes including a paved skate park.
It shall be the sole responsibility of Tenant to comply with all laws, regulations, or ordinances imposed by any
jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obliga~ion to pay
rent. Tenant's use of the Premises must not interiere with the publIc's use of any adjacent highway.
Signs or displays wlll be restricted to those indicating proprietorship and type 01 activities conducted on the
Premises, and will be subject to regulation by Landlord as to number, size, location, and desIgn.
.
.
.
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4. MAINTENANCE AND REPAIRS. Tenant sha!l keep the Premises in good condition at Tenant's own expense,
and shall not call on Landlord to make any improvements or repairs.
5. CHARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other charges or expenses
connected wIth Tenant's use of the Premises.
6. NOTICES. All notices herein provided to be given, or which may be given, by either party to the other, shall
be deemed to have been fully given when served personally on Landlord or Tenant. or when made In writing and
deposited in the United States Mail and addressed as 'ollows: To Tenant at the mailing address above stated and
to Landlord, Department of Transportation, Office of Land Management, Transportation Building Mailstop 631 ,395
John Ireland Boulevard, St. Paul, Minnesota, 55155-1899. The address to which notices are mailed may be
changed by written notice givan by either party to the other.
7. CANCELLATION. This Lease shall be subject to cancellation by either party at any time during the term hereof
by giving the other party notice in writing at least sixty (60) days prior to the date when the cancellation will become
eHective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become needed for
highway purposes (as determined solely by Landlord) by giving Tenant notice in writing at least thirty (30) days prior
to the date when the cancellation will become effective. In the event of cancellation any unearned rent paid by
Tenant will be returned.
8. INDEMN IFICA TION AND RELEASE. Tenant shall defend, indemnify, save harmless, and release Landlord and
Landlord's employees from and against all claims, demands, and causes of action for injury to or death of persons
or loss of or damage to property (including Tenantand Tenanfs property) occurring on the Premises and connected
with Tenant's use and occupancy of 1he Premises, regardless ot whether such injury, death, loss, or damage is
caused in part by:
(i) the negligence of Landlord or
(ii) Is deemed to be the responsibility of Landlord,
because of its failure to supervise, Inspect, or control the operations of Tenant or otherwise discover or prevent
actions or operations of Tenant giving rise to liability to any person.
If any negligence or responsibility of Landlord is unrelated to Tenant's occupancy or use of the Premises. Tenant
will not be obligated to indemnify and hold harmless as set forth above.
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a properly
executed CGnificate(s) of insurance which shall clearly avidence the insurance required below, and provide that
such insurance will not be canceled, except on thirty (30) days' prior written notice to Landlord.
9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or
equivalent form including Pramisss-Oparations Liability, Products/Completed Operations Liability
(if applicable}, Contractual Liability, and Fire Legal Liability with a limit of not less than $1,000,000
each occurrence. If such insurance contains a general aggregate limit, it will apply separately to
this Lease.
9.1.1
This insurance shall include Stale of Minnesota as an insured with respect to perionnance
01 Lease.
2
.
.
.
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051 282 52:,1
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9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs
covering Tenant, its officers and employees.
9.2
Tenant shall maintain during the full term of this Lease workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $500,000 each
accident.
10. FIRE INSURANCE. Tenant shall not be required to keep the Premises insured against fire and extended
coverage loss. The policy shall name the State of Minnesota as the beneficiary in the event of a loss. If a loss
covered by the policy occurs, Landlord will decide whether to use the insurance money to repair the damage or to
demolish the building. Tenant shall make no claim against Landlord arising out of any loss to the Premises.
11. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorIzed licensees to enter
upon the Premises for any of the following purposes: to survey the land, to take soil borings, to perlorrn utility
relocation or repair work, or to perlorm any other work which is preparatol)' to a highway construction project; also
to make emergency repairs required for hjghway safety. If there is a highway bridge above any part of the
Premises, Tenant shaJJ allow Landlord to enter upon the Premises to Inspect, maintain, and repair the bridge and
its structural supports. If any of these operations substantially restrict the Tenant's use of the premises, rent will
be reduced proportional to the restricted use of the Premises during the period of the restricted use. The reduction
(or abatement) of rent will be Tenant's only claim agafnst landlord based on such restriction (or abatement) of use.
T enent shall allow Landlord to inspect the premises and to show the premises by appointment to prospective buyers
or renters, Before entering the Premises for any of the purposes under this paragraph, Landlord will make a
reasonable effort to notify Tenant, provided, however, that in case of an emergency affecting highway safety (the
existence of which will be determined solely by Landlord), if Tenant is not present to permit entry onto the
Premises, Landlord or its representatives may enter without notice to Tenant, and for such entry Landlord or its
representatives will not be liable to Tenant.
12. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of any substance or material on the
Premises which may create a fire hazard to the adjacent highway facility (including any overhead bridge and its
structural supports). If landlord determines that Tenant is using the Premises in such a way as to create a danger
to the adjacent highway facility or the traveling public thereon, and if, upon receiving notice, Tenant does not
immediately remedy the danger to the satisfaclion of Landlord, then Landlord may Immediately cancel1his Lease
and take possession of the Premises. Any requirement for giving notice of cancellation set out elsewhere in this
Lease will not apply to cancellatJon under this section. Unearned rent paid by Tenant will be returned.
If a part 01 the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that Landlord's
plowing and sweeping of the bridge may cause snow, Ice, sand, or road sweepings to be pushed off the sides of
the bridge or otheT'Nise expelled off the bridge, falling onto the Premises, Tenant agrees that this risk is specifically
included in the Tenant's Jndemmfication and release of Landlord appearing elsewhere in this Lease.
13. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or sublet the Premises.
14. CIVIL RIGHTS ACT. Tenant shalf not discriminate on the ground of race, color, sex, or national origin against
any person in access to and use of the facilities and services operated or otheT'Nise maintaIned on the Premises;
and Tenant shall operate and maintain such facilities and services in compliance with Title VI of the Civil Rights
Act of 1964, and Title 49, Code of Federal Regulations, Part 21.
3
.
.
.
H?~-1~-2000 O~:31
651 282 =,251
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15. DEFAULT BY TENANT - LANDLORD'S REMEDIES. The following occurrences are "events of default";
(a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days
after notice from Landlord; however, Tenant will not be entitled to more than one notice for default in
payment of rant during any twelve month period, and if, within twelve months after any such notice, any
rent is not paid when due, an event of default shall have occurred without further notice.
(b) Tenant breaches any of the other agreements, terms, covenants, or conditions which this Lease
requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by
Landlord to Tenant
At any time after the occurrence of either of the above events of default, Landlord may terminate this Lease upon
giving writ1en notice to Tenant and may then re-enter and taka possession of the PremIses in such manner as
allowed or provided by law. Tenant shall pay Landlord all costs and expenses, including attorney's fees, in any
successful action brought by Landlord to recover unpaid rent, or to recover damages for breach of any of the other
covenants, agreements, terms, or conditions which this Lease requires Tenan1 to perform, or to recover possession
of the Premises.
16. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this Lease with the consent
of Landlord, express or implied, Tenant shall occupy the Premises as a Tenant from month to month, subject to
all conditions, provisions, and obligations of this Lease in effect on the last day of the term.
17. MOVING OUT. Subject to Section 20 below, atthe expiration or sooner termination of this Lease, Tenant shall
leave the Premises in as good condition as when delivered to Tenant (except for ordinary wear and any loss
covered by insurance payment to Landlord).
18. SALE OR TRANSFER OF PREMISES. If Landlord sells or transfers the Premises, Landlord's liability for the
performance of its covenants under this Lease shall end on the date of the sale or transfer, and Tenant shall look
solely to the purchaser or transferee for the performance of those covenants.
19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations. and other entities
(hereinafter collectively referred to as Tenant) displaced by cancellation or termination of this Lease, or by moving
out prior to cancellation or termination of this Laase, are not classified as "displaced persons" and are not eligible
for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 and its amendments. By signing this Lease, Tenant affirms that they are not a displaced person.
20. TENANT IMPROVEMENTS. Within sixty (60) days of the Commencement Date, at Tenant's sole cost and
expense, Tenant shall:
a. surround the Premises with a six foot high chain-link security fence;
b. pave the skate park area;
c. gravel the surface of the parking area and ingress/egress along Washington Avenue South; and
d. perform minor grading
all 01 the foregoing as shown on Exhibit A and in accordance with plans and specifications approved by Landlord
prior to the commencement of construction.
4
.
.'
.
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Tenant shall direct its plans and specifications to:
Keith VanWagner
Metro Dlvllosn Permits Office
Water's Edge Building
Rosevllle, Minnesota 55113
651.582.1443
Upon expiration or earlier termination of this Lease, at its sole cost and expense, Tenant shall remove such
improvements and restore the Premises to its condition upon the Commencement Dale of this Lease.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement betw'een Landlord and Tenant with respect
to its subject matter and may be amended only by subsequent written agreement between them. Except for those
which are set forth in this Lease, no representations, warranties, Or agreements have been made by landlord or
Tenant to one another with respect 10 thJs Lease.
FILENAME: H:\PROPMGNT\WPOATA\27 Hl}nneplnl27AOO8 City 01 Hopkins leaM.wpd
5
H~~-14-~UUU 04:32
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651 28C: 5251
P.0707
TENANT
CORPORATE I PARTNERSHIP
ACKNOWLEDGMENT FOR TENANT
INDIVIDUAL
CITY OF HOPKINS
COUNTY OF
)
)55.
)
tltgnature
STATE OF
Print Name
CORPORATE
On this
day of
,19_.
Title
Date
and
(NO!nll)
. personally
Signature
jNWOO)
known to me, did swear that they are respectively the
and
(TIile)
Print Name
01
(NBrre 01 c,rpo rofion)
lTllla)
,a
corporation under the laws of the State of , and did
exacute this instrument on behalf of the corporatlon by authorIty
of Its Board of Directors on behalf of the corporation.
Title
Date
.
PARTNERSHIP
On this
day of
,19_,
LANDLORD, STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OFiRANSPORTATlON
fNilmO)
known to me, did swear thaI halshe Is a partner in
,personally
(No.rre)
a partnership under the taws of the State of
and did executa this Instrument on behalf of the partnership.
By
Menitt H. l.jnzj&, OIAlclor
Office of l1lnd Management
Date
INDIVIDUAL
On this
day 01
,19_.
(Narrel
. personally
Approved as to form and execution
known to me, did swear that he/she did execute this instrument
of hlsfher own free will Intending to be bound thereby_
FOR THE ATTORNEY GENERAL
By
Title
NOTARY PUBLIC
My Commission Expires:
aate
TOTHL P.07