County, track operators to negotiate changes after lease, insurance and waiver gaps identified for Leadville Motocross Park

Lake County commissioners and staff met with operators of the Leadville Motocross Park (operating under the registration Mount Elbert Moto/Leadville Motocross Park) to discuss an updated lease. The meeting identified insurance coverage gaps, electronic‑waiver collection challenges and insurer‑required safety infrastructure as obstacles to finalizing a lease agreement that protects the county.

Why it matters: The motocross facility sits on county property and has historically been operated by a local volunteer group. County counsel and risk staff said the county’s exposure under the Colorado Governmental Immunity Act and its self‑insured pool (CTSI) requires tenants to hold adequate commercial liability coverage and to meet certain operational standards; the operator said it wants the track reopened and will work with its broker to address coverage gaps.

Key sticking points reported by county staff County staff described three main areas of concern in the proposed lease: (1) the tenant's commercial general liability policy contains exclusions for events, medical payments to riders, contractors/volunteers and pollution/environmental coverage; (2) waivers taken on paper are difficult to retain and search for long‑term statutory defense needs and the county prefers electronic waiver capture; and (3) insurer‑recommended safety infrastructure — notably lights on blind jumps and trained flaggers — may be required by CTSI for county insurance to remain effective.

"The insurance that's been requested is the commercial general liability not less than 1,000,000 per occurrence and 3,000,000 in the aggregate," a county staff member said. Risk staff told the group that some policies the operator has relied on list the county as an additional insured but still exclude key coverage areas.

Operator response and practical constraints Kim (operator representative) told the board she had not previously been informed that the current policy did not meet county requirements and said she would work with her insurance broker to obtain appropriate coverages. Kim also described operational realities the park faces: limited or spotty cell service for electronic waivers, long‑term retention of paper waivers (she said the park keeps waivers back to 2012), and the volunteer‑driven nature of flaggers and on‑site supervision.

"This is the first that I'm hearing that our limits weren't, up to the county's, requirements with our insurance policy," Kim said. She added that the park stores paper waivers and can work with its broker to amend coverage. She also said track culture and practical constraints mean some insurer recommendations (for example, lighting systems) can be costly and technically challenging at the site.

County alternatives and next steps County staff offered alternatives where possible: (a) identify specific insurance exclusions and ask the tenant's broker to quote policies that remove those exclusions; (b) explore whether a separate county policy could be purchased to backstop the tenant's coverage (noting potential complexities about primary/secondary coverage and cost); and (c) pursue operational mitigations such as signage, limited local after‑hours access with drop‑box waivers, or improved on‑site supervision and accountability.

Staff committed to provide the operator (Kim) with a written list of policy exclusions and coverage gaps identified in staff review; the operator agreed to take that list to her broker. The board and staff also agreed to work with the operator privately to pursue solutions and set a near‑term meeting: the operator requested roughly two weeks' notice for an in‑person follow‑up and said Mondays and Fridays are easiest for site meetings.

No formal lease vote; direction to negotiate No formal lease was approved at the work session. Instead, the board asked staff and the operator to negotiate offline, produce written documentation of the operator's current policy and broker quotes for corrected coverage, and identify feasible operational measures (electronic waiver options, potential STARLINK or local connectivity, and incremental facility upgrades). County staff will also check with CTSI in writing to confirm which safety requirements (lighting, flaggers) are mandatory for county coverage and which are recommended best practices.

Operator perspective and community impact Kim and other operators emphasized the park's community value, saying it attracts visitors who spend locally and that it provides a rare, designated place for motocross in the county. Kim said volunteers and local families rely on the facility and argued the county and operator should find pragmatic, affordable solutions to reopen the track for spring use.

Next steps Staff will: (1) deliver a written list of insurance exclusions and coverage shortfalls to the operator; (2) explore potential county or third‑party insurance options and report cost estimates; (3) evaluate electronic waiver approaches and connectivity options (including checking with the nearby airport about internet options); and (4) arrange a working meeting with the operator within two weeks (with Mondays and Fridays preferred by the operator).