HomeMy WebLinkAboutAltitude Events Group, LLC. Parks Special Event Agreement Kleiner AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT
This Agreement for Use of Kleiner Park For Special Event (hereinafter"Agreement") is
made this 10thday of August , 2021 (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 Altitude Events Group, LLC, a limited liability company organized under the laws
of the State of Idaho (hereinafter "Organizer").
WHEREAS, 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 August 28-29, 2021, from
9:00 a.m. to 6:00 p.m. daily (with setup on August 27, 2021, from 3:00 to 9:00 p.m.); 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-21-0009 for a large-scale special event known as "Treasure
Valley Fine Arts Festival" ("Event").
II.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
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE I OF 7
facilities, including, but not limited to, policies be adopted or enacted by the Director of the
Meridian Parks and Recreation Department.
B. Permitting. In addition to compliance with all terms and provisions of this Agreement,
Organizer shall separately obtain and comply with each and all of the following permits, as
required by law:
1. City of Meridian Temporary Use Permit for Large Scale Special Event;
2. Any and all applicable licenses, permits, inspections, and/or certifications from the Ada
County Highway District;
3. Any and all applicable licenses, permits, inspections, and/or certifications from the
Central District Health Department;
4. Any and all reservations, permits, and inspections required by the Meridian Parks and
Recreation Department.
C. Fees, costs. By noon (12:00 p.m.) on Friday, August 13, 2021, Organizer shall remit to City
two thousand seventy dollars ($2,070.00), which amount includes:
$1,590.00 Fee for reserving shelter Al and event area of Park on August 27, 2021,
from 3:00 to 9:00 p.m.; August 28, 2021, from 9:00 a.m. to close; and
August 29, 2021 from 9:00 a.m. to 6:00 p.m.
$ 480.00 Fee for Meridian Parks and Recreation personnel to provide facility
maintenance and janitorial services Park on August 27 —29, 2021 (1 staff
@ $20/hour x 8 staff hours per day)
$2,070.00 TOTAL
If additional staffing or extended hours are required for the protection of public safety or
maintenance of Park, Organizer shall reimburse City for all staffing costs within fourteen
(14) days of City's invoice for such costs. If Organizer fails to timely reimburse City
pursuant to such invoice, the City may decline to provide extra-duty personnel staffing,
decline to reserve City facilities, release existing reservations of City facilities, or decline to
allow the subsequent use of City facilities for Event or any iteration thereof.
D. Time and place. The permission extended under this Agreement shall apply to the areas of
Park detailed on the event site plan approved by City under City of Meridian Temporary Use
Permit no. TUP-21-0009, from 3:00 p.m. to 9:00 p.m. on Friday, August 27, 2021; from 9:00
a.m. to park closure on Saturday, August 28, 2021; and from 9:00 a.m. to 6:00 p.m. on
Sunday, August 29, 2021. Pursuant to City Code, Park shall be closed between dusk and
dawn.
E. Manner. The permission extended under this Agreement shall be subject to all terms and
conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no.
TUP-21-0009, and in any applicable laws and policies, including, without limitation, the
Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall
include, but shall not be limited to, the following:
1. The public must have general access to all areas of Park at all times during the event, so
long as such access does not unduly interfere with Organizer's use of Park for Event.
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2. Driving or parking vehicles on non-designated driving or parking surfaces shall be
prohibited, except at the direction of Meridian Parks &Recreation Department staff.
Further, Organizer or Organizer's designee may operate one (1) golf cart at Park during
event, so long as such operation may be undertaken safely, and so long as the driver of
such golf cart is eighteen years of age or older and holds a valid driver's license.
3. Where activities or equipment related to Event damage or destroy turf, landscaping,
sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur
additional expenses, Organizer shall reimburse City for all costs of repair, replacement,
or expense within fourteen (14) days of City's invoice for such costs.
4. The Director of the Parks and Recreation Department, under the authority granted to him
by Meridian City Code section 13-2-7(A), shall, and hereby does, order that the Park
closing time shall be waived as to overnight security personnel, who may remain in the
Park after park closure on August 27, 2021 until park opening on August 28, 2021, and
after park closure on August 28, 2021 until park opening on August 29, 2021 for the
purpose of securing goods left overnight in the Park by vendors.
5. Organizer shall make every effort to provide and maintain access to Event for persons
with disabilities.
6. No smoking shall be allowed in Park, except in designated parking areas.
7. Used water, grease, charcoal, and other materials and supplies must be carried out of Park
at the conclusion of Event, and may not be disposed of at Park.
8. Organizer is authorized to post signs for the purpose of identifying, promoting,
advertising, or directing patrons to Event as represented and approved in City of Meridian
Temporary Use Permit no. TUP-21-0009. Organizer acknowledges that the permission
extended by City under this Agreement to post signs shall extend only to the locations
approved in City of Meridian Temporary Use Permit no. TUP-21-0009, and that it is
unlawful to post a sign identifying, promoting, advertising, or directing patrons to Event
without the permission of the owner of such property. Organizer shall remove all signs
identifying, promoting, advertising, or directing patrons to Event by dusk on Sunday,
August 29, 2021.
9. Organizer shall provide an adequate number of volunteers to staff the event area,
designated parking areas, the crosswalks between the Meridian Village and the Park, and
the temporary crosswalk between the designated parking area on Records Road and the
Park.
10. Organizer shall provide a medical services station at Event. Such station shall be staffed
by at least two (2)personnel trained and certified to provide first aid. Such station shall
be clearly marked and accessible to all Event participants.
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11. Organizer shall provide and install temporary "no parking" signs adequate to prevent
parking in the bike lanes on Records Road.
F. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an
insurance policy issued by an insurance company licensed to do business in Idaho protecting
Organizer, Organizer's employees, and Organizer's agents from all claims for damages to
property and bodily injury, including death, which may arise during or in connection with
Event, including Event set-up and tear-down. Such insurance shall name City as an
additionally insured party, and shall afford at least one million dollars ($1,000,000.00)per
person bodily injury, one million dollars ($1,000,000.00)per occurrence bodily injury, and
one million dollars ($1,000,000.00)per occurrence property damage. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold harmless
City as set forth in this Agreement or any permit. If City becomes liable for an amount in
excess of the insurance limits herein provided due to the actions or omissions of Organizer or
any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or
any participant in or observer of Event or related activities, Organizer covenants and agrees
to indemnify and save and hold harmless City from and for all such losses, claims, actions, or
judgments for damages or liability to persons or property.
III.OBLIGATIONS OF CITY.
A. Facility operation. Except as otherwise set forth herein, City shall provide general
maintenance, mowing, irrigation, and custodial services with regard to Park facilities,
infrastructure, and vegetation. City shall provide all necessary utilities and services to Park
facilities, including, but not limited to, electricity, potable water, sewage service, and/or
typical waste and refuse removal. City shall cause the repair and/or replacement of any and
all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of
nature. To the extent that the cause of damage is attributable to Event activities, Organizer
shall be responsible for the cost of repair or replacement.
B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail
address, and telephone number of specific City personnel (hereinafter"City Contact") who
shall serve as City's primary contact between City and Organizer for all day-to-day matters
regarding set-up, operation, and tear-down of in Park. City Contact for Event shall be:
City Contact: Garrett White, Recreation Manager
Meridian Parks and Recreation Department
E-mail: gwhite@meridiancity.org
Office Phone: 208-888-3579
IV.GENERAL PROVISIONS.
A. Notice. Communication between Organizer and the City Contact regarding day-to-day
matters shall occur via e-mail or telephone. All other notices required to be given by either
of the parties hereto shall be in writing and be deemed communicated when personally
served, or mailed in the United States mail, or via e-mail, addressed as follows:
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 OF 7
City: Organizer:
City of Meridian Arthur Cameron Daves
Attn: City Clerk Altitude Events Group, LLC
33 E. Broadway Avenue 1461 S. Second Avenue
Meridian, Idaho 83642 Hailey, Idaho 83333
cityclerk@meridiancity.org art.davesl4@gmail.com
B. Public park. The parties hereto expressly acknowledge that Park is a public space, the
management and scheduling of which shall at all times be within the sole purview of City.
City shall have the right to allow the use of Park, and close all or any portion of Park, for any
and all purposes and under any and all conditions.
C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement
shall include neither the right to exclude any law-abiding person from Park where such
person is not interfering with Organizer's use thereof, nor the right to interfere with any
person's concurrent, lawful use of Park where such concurrent use does not conflict or
interfere with Organizer's use. At all times Organizer shall be on an equal footing with the
general public regarding its use of Park. Organizer shall exercise any exclusive use granted
by this Agreement only in accordance with the terms of this Agreement and in accordance
with any and all applicable laws and City policies.
D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in
this Agreement or any privilege or right hereunder, either voluntarily or involuntarily,
without the prior written consent of City. This Agreement and each and all of the terms and
conditions hereof shall apply to and are binding upon the respective organizations, legal
representative, successors, and assigns of the parties.
E. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials,
officers, servants, guests, and/or invitees shall be considered agents of City in any manner or
for any purpose whatsoever in their use and occupancy of Park.
F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors,
officials, officers, servants, guests, and/or invitees, including any and all participants in Event
or related activities, shall indemnify and save and hold harmless City from and for any and
all losses, claims, actions,judgments for damages, or injury to persons or property and losses
and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor,
official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer
programming, at or in its use of Park or any lack of maintenance or repair thereon and not
caused by or arising out of the tortious conduct of City.
G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date
of this Agreement and throughout the course of Event and all related activities.
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H. Compliance with laws. In performing the scope of services required hereunder, City and
Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
I. Attorney Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a
timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of
the essence with respect to this Agreement, and that the failure to timely perform any of the
obligations hereunder shall constitute a default of this Agreement.
K. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be
limited to: an act or omission by either party which breaches any term of this Agreement;
an act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party; or a change in or occurrence
of circumstances that renders the performance by either party a detriment to the public
health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing twenty-four(24) hours
notice of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A twenty-four (24)hour cure period
shall commence upon provision of the notice of intention to terminate. If, upon the
expiration of such cure period, cure of the breach or circumstances providing grounds for
termination has not occurred, this Agreement shall be terminated upon mailing or e-
mailing of notice of termination.
L. Breach. Any act or omission by either party which breaches any term of this Agreement
may provide grounds for termination. In the event of breach, the City may also decline to
provide extra-duty personnel staffing, decline to reserve City facilities, release existing
reservations of City facilities, or decline to allow the subsequent use of City facilities for
Event or any iteration thereof.
M. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
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.
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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:
Arthur Cameron Daves
Owner, Altitude Events Group, LLC
CITY OF MERIDIAN: Attest:
BY:
Robert E. Simison, Mayor 8-10-2021 Chris Johnson, City Clerk 8-10-2021
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