HomeMy WebLinkAboutDiscovery Park Concessions Lease AgreementLEASE AGREEMENT for
CONCESSIONS OPERATIONS AT DISCOVERY PARK
This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT DISCOVERY
PARK ("L.ease") is entered into by and between the City of Meridian ("Landlord"), and Jessica
Brazell, on behalf of Aloha Ice Tropical Sno ("Tenant"), effective the 9! day of _T,
2019 ("Effective Date"). In this Lease, Landlord and Tenant may be referred to individu ly as a
"Party" or collectively as "Parties."
WHEREAS, Landlord owns Discovery Park, located at 2121 E. Lake Hazel Road, which
park includes a concession building adjacent to the playground and 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.
U. 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 Discovery 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.
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT mage 1 of 18
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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:
ALOHA ICE TROPICAL SN
"Ch �f
Jessica
=ADRIENNEAL
81869
LANDLORD:
CITY OF MERIDIAN:
BY:
Tammy de Weerd, Mayor
State of Idaho }
��(1, } Ss:
County of P xv� . }
I HEREBY CERT[FX that on this —L day of 141 2419,
before the undersigned, a Notary Public in the State o -T Idaho,
personally appeared Jessica Brazel], 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.
Notary Public for Waho
Residing at, Idaho
My Commission Expires:
ATTEST:
S JgWon, City
ED AUGI/`sT
ow
city r
SEAL
DiSCovERY PARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 18
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