HomeMy WebLinkAboutJoint School District #2 (West Ada) Fields and Parking License Agreement Item#11. Mayor Robert E. Simison
E IDIAN�� g City Council Members: g
Tre Bernt Brad Hoa lun
Joe Borton Jessica Perreault
\4%
H 0 Luke Cavener Liz Strader
May 25, 2021
MEMORANDUM
TO: Mayor Robert Simison & Councilmembers
FROM: Garrett White, Recreation Manager, MPR Dept.
RE: West Ada School District—License Agreement for Fields and Parking Lot at Jabil
Fields.
Background
At the request of the West Ada School District and due to the new school development on the West Ada
School District property(Jabil Fields),this is an amendment to the current License Agreement for Jabil
Fields and Parking Lot. This amendment allows the City to continue to reserve and supply one full size
soccer field and open green space for our community.
The City is no longer responsible to maintain the pump station or parking lots. In short,the City will now
only maintain the fields such as mowing,trash collection, and irrigation repairs that pertain to the fields.
The West Ada School District will now be responsible for all areas outside the fields as well as the
irrigation delivery system (pump) and all parking lot maintenance.
Included in this amendment,the City will have access the rest of the District Service Center(DSC)
parking areas for additional parking for those using the fields.
Proposal
To approve the amendment as written.
Page 239
i
Item#12.
i
k
LICENSE AGREEMENT
FOR FIELDS AND PARKING LOT AT 915 E. CENTRAL DRIVE
This LICENSE AGREEMENT FOR FIELDS AND PARKING LOT AT 915 E.
CENTRAL DRIVE ("Agreement") is made and entered into this 15th day of June , 2021
("Effective Date"), by and between Joint School District No. 2, doing business as West Ada
School District, an Idaho school district and body corporate and politic of the State of Idaho
("District"), and the City of Meridian, an Idaho municipal corporation("City").
WHEREAS, the respective governing bodies of City and District are mutually interested
in encouraging and supporting athletic programming for students and community members;
WHEREAS, City and District recognize that through cooperation, publicly-held
facilities can be used to meet community needs for education and recreation;
WHEREAS, District owns a parcel of property located at 915 East Central Drive in
Meridian currently developed with a parking lot and two soccer fields;
WHEREAS, District desires to make the soccer fields available for use by City for
scheduled play until such time as the parcel is needed by District for other purposes;
WHEREAS,District is willing,upon certain terms and conditions, to provide non-
exclusive use of a designated portion of the property for the purposes stated herein for a period
of time defined within this Agreement; and,
WHEREAS, the Parties intend for this Agreement to supersede and replace the License
and Maintenance Agreement executed on May 17, 2016, as well as any and all amendments or
addenda thereto;
NOW, THEREFORE, the parties hereto agree as follows:
1. 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 non-exclusive right, privilege
and license to use a portion of certain real property, located at 915 East Central Drive,
Meridian, Idaho, and legally described as a portion of lot 2, block 1 of the Jabil
Subdivision. The portions of the property subject to this agreement are Field 1, Field 2,
and the associated parking lots to the north of the fields, as generally depicted on Exhibit
A hereto, as well as the parking lots to the east of the fields, and any and all parking areas
for the District Service Center (collectively referred to herein as the "licensed premises").
The remainder of the property is not subject to this agreement.
LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 1 Page 239
Item#11.
i
2. TERM OF AGREEMENT
This license is granted for an initial term to begin upon the Effective Date and expiring
on December 31, 2022. This agreement shall automatically renew in increments of one
(1) calendar year until otherwise terminated by either party according to the termination
provisions contained herein.
3. USE OF LICENSED PREMISES
City's use of the licensed premises shall be limited to making the fields available for
athletic and recreational activities and special events. City shall be the designated contact
for scheduling the use of the fields and may charge reasonable reservation fees. City
shall be responsible for solid waste removal from containers provided at the licensed
premises, provision of portable restroom facilities, and storage of soccer goals. The use
of the parking lot shall be allowed as an incidental use associated with scheduled uses of
the fields. No other use of the licensed premises shall be allowed unless otherwise
approved in writing by District.
4. MAINTENANCE OF LICENSED PREMISES
A. City shall maintain the fields at its sole cost and expense during the term of this
agreement. This shall include irrigating, mowing, fertilizing, and weed control; and
maintenance of the irrigation delivery system, including the replacement of broken or
damaged heads, pipes, and valves that exclusively service the ballfields. City shall
have access to the irrigation clock for management of the timing of the irrigation on
the fields.
B. District shall maintain the parking lots, all landscaping, and the pump station, at its
sole cost and expense during the term of this agreement. This shall include
maintenance of the parking lot asphalt subsurface, curbs, paint, striping, and
landscape medians; and all landscaping, including vegetation and irrigation systems
around the building. District shall also pay all costs associated with delivery of the
irrigation water, including, but not limited to: electricity, ditch fees, and/or
assessments. District shall be responsible for all costs related to maintenance of that
portion of the irrigation delivery system that does not service the ballfields, including
the irrigation pump.
5. TERMINATION
A. TERMINATION FOR CONVENIENCE: Either party may terminate this
agreement for any reason upon sixty(60) days' written notice.
B. TERMINATION UPON LOSS OF IRRIGATION SOURCE: hi the event that the
existing surface irrigation water source is discontinued or the irrigation system is
otherwise made unusable for any reason (including but not limited to a catastrophic
LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 2
Page 241
Item#11.
failure of the irrigation system), City or District may elect to immediately terminate
this agreement upon notice to the other party.
C. TERMINATION UPON CITY'S DEFAULT: If City 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 of City conferred by this Agreement, at District's option, may be deemed
terminated and forfeited without further notice or demand.
6. 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.
7. NOTICES
A. All notices to be given with respect to this Agreement shall be in writing addressed as
follows:
To District: West Ada School District
Attn: Superintendent
1303 E. Central Drive
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 U.S. mail, postage prepaid, to the party 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.
8. CONDITION OF LICENSED PREMISES
City acknowledges that City has inspected the licensed premises and does hereby accept
the licensed premises as being in good and satisfactory order, condition, and repair. City
agrees that upon termination of this Agreement, City shall surrender the licensed
premises to District in the same good condition as received, reasonable wear and tear,
damages by fire, acts of vandalism, or act of God exempted.
9. HOLD HARMLESS AND INDEMNITY AGREEMENT
LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 3
Page 242
Item#12.
On or about January 27, 2015, City and District entered into a Hold Harmless and
Indemnity Agreement; such agreement is attached hereto as Exhibit B and incorporated
herein by reference as though set forth fully herein.
10. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and supersedes any and all
other agreements or understandings, verbal or written, including, without limitation, the
License and Maintenance Agreement executed on May 17, 2016, and any and all
amendments or addenda thereto.
11. 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 on the
Effective Date first above written.
WEST ADA SCHOOL DISTRICT:
By: (lJl�'IdVVW �A
Dr. Mad Ann Ranells, Superintendent
CITY OF MERIDIAN Attest:
By:
Robert E. Simison, Mayor 6-15-2021 Chris Johnson, City Clerk 6-15-2021
LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 4
Page 242
Item#11.
EXHIBIT A
LICENSED PREMISES
At
I I i !i I I I J
..; J 19Y10.3G.q �.I
r
E
Field 1
Field 2 ' .... �. ,
i
i •�
I.fP
I ,
LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 5
Page 244
Item#11.
EXHIBIT B
HOLD HARMLESS AND INDEMNITY AGREEMENT
LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 6
Page 245
Item#11. EXHIBIT
fast. �
. r i
West Ada
�9sf SCHOOL DISTRICT
HOLD HARMLESS AND INDLMNITY AGREEMENT
(For use of School District Facilities by a Governmental Entity)
THIS HOLD HARMLESS AGREEMENT("Agreement") is made by and between Joint
School District No. 2, an Idaho school district and body corporate and politic of the State of
Idaho,hereinafter the"District" and the City of Meridian,hereinafter referred to as "Entity".
RECITALS:
A. Entity is a"governmental entity"as defined in the Idaho Tort Claims Act,Idaho Code
§6-901, er. seq.
B. Entity is interested in having the opportunity to use various facilities and/or grounds
of the District for public purposes from time to time as approved by the District.
C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity
desires to provide certain written assurances and indemnifications to District for
claims and damage arising out of or occurring during and from such use as hereinafter
set forth.
NOW THEREFORE, for good and valuable consideration, and in consideration of the
recitals above, which are incorporated herein, and the mutual representations, covenants,
undertakings and agreements hereinafter contained, District and Entity agree as follows:
1. Indemnification of District. Entity shall defend, indemnify and hold harmless the
District, and District's trustees, officers, agents and employees, and the State of Idaho,
from and against any and all demands, suits, actions, claims, loss or damage of any kind,
character or description, whether or not meritorious, costs, or expenses, including,
without limitation, attorneys' and other professional fees and disbursements, in
conjunction with any loss of life,personal injury and/or property damage arising out of or
relating to the occupancy or use by Entity of any part of the District's facilities and/or
grounds occasioned. wholly or in part by any act or omission of Entity or its officers,
contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for
such claim resulting solely from the negligence or otherwise wrongful act or omission of
the District and/or the District's officers, employees,or servants.
2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District
facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force
and effect a comprehensive general liability insurance policy issued by a company
licensed to engage in the insurance business in the State of Idaho.
Dr. Linda Clark,Superintendent
1303 E.Central Drive - Merldlan,ID 83642 • P: (208)855.4500 - F; (208)350-5962
Page 246
Item#11.
i
a. The insurance policy shall contain standard liability insuring agreements in the
limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate
Holder. The limits of said policy shall be not less than five hundred thousand
dollars ($500,000.00) for bodily or personal injury, wrongful death, or property
damage or loss as a result of any one(1) occurrence or accident, regardless of the
number of persons injured or the number of claimants.
b. Not less than five(5)business days prior to Entity's first use of District's facilities
and/or grounds, and at least annually thereafter for so long as Entity shall use any
such facility and/or grounds, Entity shall furnish the District with a certificate, of
insurance evidencing the existence of such coverage, executed by a duly
authorized representative of each insurer.
c. The certificate of insurance shall provide that the company or program providing
such coverage shall provide the District with thirty (30) days prior written notice
of cancellation or material alteration of the policies set forth in the certificate of
insurance.
d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity
shall deliver a new certificate of insurance to the District indicating compliance
with the revised limits within ten(10)business days of the effective date thereof.
e. To the extent allowed under the Idaho Tort Claims Act and the Idaho
Constitution, such insurance coverage shall be primary for any and all damage of
any nature caused to or incurred by the District arising out of Entity's use of the
District's facilities and/or grounds.
3. Waiver. The waiver by either party of the performance of any covenant, condition or term
herein shall not invalidate this Agreement, nor shall the same be considered as a waiver
by such party of any breach or other covenant, condition or term herein.
4. Notices, Any notice under this Agreement shall be in writing and shall be treated as duly
delivered if the same is personally delivered or deposited in the United States Mail,
certified,return receipt requested,postage prepaid, and properly addressed as follows:
To District: Joint School District No. 2
Attn: Superintendent
1303 E. Central Drive
Meridian, ID 83642
To Entity: City of Meridian
Attn: City Clerk
33 E. Broadway Avenue
Meridian,ID 83642
5. Assent. Entity shall not be entitled to transfer or assign all or any portion of its
interest in this Agreement.
Dr. Linda Clark,Superintendent
1303 E.Central Drive • Meridian,ID 83642 P; (208)855-4500 • F: (208)350.5962
Page 247
Item#11.
6, Attorney's Fees. In the event that suit or action is instituted by either party to interpret or
enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum
as attorney's fees and all court costs incurred on behalf of that party, including such fees
and costs with respect to an appeal.
7. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Idaho.
8. Authority of the Parties. Each party to this Agreement represents and warrants that the
execution, delivery, and performance of this Agreement has been duty authorized by all
necessary action of such party and is a valid and binding obligation upon the persons or
entity signing this Agreement,
9. Amendment or Modification. No modification, release, discharge, or amendment of any
provision hereof shall be binding unless reduced to writing and signed by authorized
representatives of both parties.
ENTITY: pia
Tammy eerd,Mayor
Date: / � IS--
City of
ATTEST: 4A t4 A.4DIAN'�
ayce . Holman, Ci erkENLW
rr'r'I Ih,TRC?.��aa
DISTRICT: Joint School District No. 2
��4-U—,
Linda Clar1 , Superintendent
Date; 1 Z 3 /
Dr. Linda Clark,Superintendent
1303 E.Central Drive - Meridian,ID 83642 - P: (208)855.4500 • F: (208)350-5962
Page 248