HomeMy WebLinkAboutDaisy's Italian Ice and Gelati, LLC Concessions Operations at Settler's Park -LEASE AGREEMENT for
CONCESSIONS OPERATIONS AT SETTLERS PARK
This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS
PARK ("Lease") is entered into by and between the City of Meridian ("Landlord"), and Julie
4,1
Sc bough, on behalf of Daisy's Italian Ice & Gelati LLC ("Tenant"), effective the IID'
borough, day
of , 2019 ("Effective Date"). in this Lease, Landlord and Tenant may be referred to
individually as a "Party" or collectively as "Parties."
WHEREAS, Landlord owns Settler's Park, located at 3245 N. Meridian Road, which park
includes a concession building adjacent to the splash pad (hereinafter "Lease Premises");
WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real
property owned by the Landlord in ways which the judgment of City Council deems to be in the
public interest;
WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the
Lease Premises to Tenant for selling concessions serves the public interest;
WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby
resolve and authorize the lease of Lease Premises to Tenant;
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, Landlord and Tenant agree as follows:
I. Lease granted. In consideration of the payment of rent and other sums to be paid by Tenant
to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the
performance of the other covenants, conditions and agreements in this Lease to be kept and
performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant.
H. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited
to the preparation of food consistent with the requirements and standards established by
applicable federal, state, city and health department laws, ordinances, regulations and
resolutions; and the sale of food, beverages, swim diapers, and novelty items as set forth in
Request for Proposals for 2019-2021 Settlers Park Concessions Building, and Tenant's
response thereto, which are attached hereto as Exhibit A. Tenant shall not use or permit the
use of the Lease Premises for any other purpose without the express written consent of
Landlord. Tenant warrants and represents that Tenant has undertaken a complete and
independent evaluation of any and all risks inherent in the execution of this Lease and the
operation of the Lease Premises for its use permitted hereby, and that, based upon said
independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all
risks with respect thereto, some of which risks may be unknown.
SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT Page 1 of 15
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I. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination
against any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin or ancestry, in the leasing, subleasing, transferring, use,
occupancy, tenure, or enjoyment of the Premises.
J. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including
legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of
any of the terms, covenants or conditions of this Agreement.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of hereof as if the exhibits were set forth in their entirety herein.
L. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement
of the parties and supersedes any and all other agreements, leases, or understandings, oral
or written, whether previous to the execution hereof or contemporaneous herewith. No
oral or written inducements to execute this Lease have been made to Tenant. In entering
into this Lease, Tenant relies upon no statement, fact, promise or representation, whether
express or implied, written or oral, not specifically set forth herein in writing.
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.
TENANT:
DAISY'S ITALIAN ICE & GELATI
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16, .0
J �'� ••
LANDLORD:
CITY OF MERIDIAN:
BY;
Tammy de 'rd, Mayor�
State of Idaho )
Ado, �j
County of Ado, ) /�),
I HEREBY CERTIFY that on this .4 day of #11 2019,
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Julie Scarborough, proven to me to be
the person who executed the said instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written. , , _ _ n
Residing at _ f'7_,_.ECE
My Commission Expires:
ATTEST:
�PTEDA0�
OQ-e0
��
("IV of 4
Ci E�DIAN--
IDAHO
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SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 8 of 15
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