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Home My WebLink AboutWest Ada Recreation District -Fuller ParkLICENSE AND MAINTENANCE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND THE CITY OF MERIDIAN FOR MAINTENANCE AND OPERATION OF FULLER PARK THIS AGREEMENT (the "Agreement") made and entered into this 25th day of September, 2018, by and between the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, an Idaho municipal corporation ("City"). WHEREAS, the respective governing bodies of City and District are mutually interested in supporting efficient public park operations; WHEREAS, District owns a public park located at 3761 W. Park Creek Drive in Meridian, Ada County Parcel Number S 1210131210, currently developed and known as Fuller Park (the "Park") ; WHEREAS, City has proven experience at successfully and efficiently operating, maintaining, and programming park facilities across the City; WHEREAS, District is willing, upon certain terms and conditions, to license the Park to City for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: GRANT OF LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the right, privilege and license to maintain and operate the Park. 2. TERM OF AGREEMENT The term of this Agreement commences on October 1, 2018 and ends on September 30, 2019. USE OF LICENSED PREMISES City shall be licensed to operate and maintain the Park in a manner consistent with other municipal parks owned by City. The existing signs declaring the Park to be in the ownership of District shall remain, but City shall be required to prepare and post at its expense weatherproof appliques or freestanding signs declaring the City as the contact for scheduling of picnic shelters and field use, and providing the appropriate City telephone contact information. 4. MAINTENANCE AND OPERATION OF THE PARK A. City's maintenance of the Park during the term of this Agreement shall include irrigating, mowing, fertilizing, and weed control to the standard of other City - maintained park properties. B. City shall be responsible for the maintenance, repair, and replacement of the irrigation pump and irrigation delivery system, including the replacement of broken or damaged heads, pipes, and valves. C. District agrees to pay all costs associated with delivery of the irrigation water, including but not limited to electricity and ditch fees or assessments. D. District shall compensate City for Park maintenance and operation in the amount of $276,000 in two equal payments. The first payment in the amount of $138,000 shall be made in February 2019. The second payment in the amount of $138,000 shall be made in August 2019. Payments shall be pro -rated in the event of Termination pursuant to Section 7, below. E. District shall allow City to use all equipment and vehicles currently used by District to maintain the Park. City shall provide routine maintenance of said equipment and vehicles. F. City shall be responsible for taking picnic shelter reservations and shall be entitled to retain any fees received for shelter reservations during the term of this Agreement. G. City shall be the contact for programming the use of the baseball fields under the terms of the existing agreement with Meridian Youth Baseball (MYB). H. City may enter into a new partnership agreement with MYB during the term of this Agreement but said agreement shall not obligate District to any of its terms and conditions beyond the term of this Agreement. 5. EXCLUSIONS FROM CITY'S MAINTENANCE OBLIGATIONS A. EQUIPMENT AND VEHICLE MAINTENANCE: Except for routine maintenance of equipment and vehicles as described in section 4E of this Agreement, City shall not be responsible for major maintenance or repairs of equipment and vehicles. District has the right to refuse to repair its equipment and vehicles, in which case District may take such equipment and vehicles out of service and dispose of them pursuant to applicable rules and regulations regarding surplus property. B. REPAIR OR RESTORATION OF PREMISES: City shall not be responsible for restoration or repair of the licensed premises necessitated by damage due to fire, acts of vandalism, or acts of God. 2 6. INDEMNIFICATION AND INSURANCE City hereby agrees to indemnify and hold District harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and/or occupancy of the Park by City, its agents, employees, guests, or business invitees attending or participating in any scheduled event. If any claim, suit or action is filed against District for any loss or claim described in this paragraph, to the extent allowed by law City shall defend District and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however District shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless District. In the event the insurance minimums of the Idaho Tort Claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 7. TERMINATION A. CITY TERMINATION FOR FAILURE OF REAL PROPERTY PURCHASE INSPECTION: If City terminates the Agreement for Sale and Conveyance of Property under Section 3.2 of said Agreement, City may also terminate this License and Maintenance Agreement upon 30 day written notice. B. TERMINATION UPON DEFAULT: If either parry is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights conferred by this Agreement, at the non -breaching parry's option, may be deemed terminated and forfeited without further notice or demand. 8. ASSIGNMENT OR TRANSFER City shall not assign, sublet or transfer the licensed premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of District, which consent the District is free to withhold in District's sole discretion. 9. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To District: Board President Western Ada Recreation District 30 E. Franklin Road Meridian, ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the parry to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 10. APPROVAL BY GOVERNING BOARDS REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. WESTERN ADA RECREATION DISTRICT: as By. Sha ardle, Board President CITY OF MERIDIAN By.. Tammy eerd, Mayor Attest: AUG O�PjEDUST CJ& Coles, Clerk oaQ � w z 010 a E ID�A�1--. IDAHO s� SEAL �/ .19