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HomeMy WebLinkAboutKleiner Park Special Event with Captial Christian Center, IncAGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT This Agreement for Use of Kleiner Park For Special Event (hereinafter "Agreement") is made this R6ay of April, 2019 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Kenneth G. Wilde, on behalf of Capital Christian Center, Inc., a religious corporation organized under the laws of the State of Idaho (hereinafter "Organizer"). WHEREAS, the respective governing bodies of City and Organizer are mutually interested in enhancing the Meridian community's quality of life by providing and supporting special event opportunities for members of the Meridian and greater communities; WHEREAS, City and Organizer recognize that publicly -held facilities are resources requiring heightened stewardship and protection; WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park ("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on April 20, 2019; and WHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of Park; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows: I. PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-19-0009 for a large-scale special event known as "Capital Community Egg Hunt" ("Event"). 11. OBLIGATIONS OF ORGANIZER. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 1 OF 7 Meridian City Council Meeting Agenda April 16, 2019 – Page 276 of 472 Meridian City Council Meeting Agenda April 16, 2019 – Page 277 of 472 Meridian City Council Meeting Agenda April 16, 2019 – Page 278 of 472 Meridian City Council Meeting Agenda April 16, 2019 – Page 279 of 472 Meridian City Council Meeting Agenda April 16, 2019 – Page 280 of 472 N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ORGANIZER: BY: rQ Kennet G. Wilde President, Capital Christian Center Incorporated CITY OF MERIDIAN: �J BY. / Tammy de ee d, Mayor AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 7 OF 7