Skate park cost-share, lease language remain unresolved as foundation and city continue talks

City leaders and representatives of the Jeff White Memorial Foundation discussed the skate park cost-share agreement and a proposed lease for the foundation’s occupancy June 17, but they did not reach final agreement.

Mayor Philly told the board the city needs to confirm which individuals are authorized to sign the cost-share agreement on behalf of the foundation before the board can finalize the contract. "This is an agreement between the foundation and the city, so we need to make sure that we have the proper signatories from their side on it," the mayor said.

Legal language in the draft lease drew the sharpest attention. Attorney Jones explained why the city has included a clause that would allow termination for convenience with six months’ notice: "the city has to have the ability to terminate for convenience under a circumstance like this, particularly when the city's not receiving rent, we're receiving in kind services in lieu of rent, and, the lessee is not investing in actual improvements that they would lose in the event of a cancellation of the lease." The foundation's representatives signaled they would prefer more protections; board members asked staff to insert language requiring board approval for any termination and to consider longer notice periods. One alderman suggested a one-year notice with six months to remove improvements; Attorney Jones said he would incorporate required board approval language into the draft.

Staff also reported Land Water Conservation has authorized the city to continue design work with SWT, and SWT has begun work on the design at its own risk to maintain momentum; staff emphasized no payments will be made until cost-share terms and signatories are finalized. "They are very well aware of the board's thoughts... but no bills are not gonna get paid until we have everything in place," the mayor said.

Why it matters: The skate park project has outside funding and a private foundation partner; lease and cost-share terms will determine which party bears the risk and who must remove improvements if a future decision requires site vacation. Attorneys said a city right to terminate is prudent when rent is not exchanged and the lessee’s investments could be minimal.

What’s next: Staff will return with revised lease language that specifies termination will come to the Board of Aldermen for approval and will supply verified authorized signatories for the Jeff White Memorial Foundation. The board expects the finalized cost-share agreement to appear on a future agenda for approval.