HomeMy WebLinkAboutMeridian Library District - Kleiner Park Special Event Reading AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT
This AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT ("Agreement") is
made this 12th day of May, 2026 ("Effective Date"),by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), the Meridian Library District, a
public corporation duly organized and existing as a library district organized under the laws of the State
of Idaho ("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 May 21, 2026; 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-26-0030 for a large-scale special event known as "Summer Reading Kick-Off'
("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 are 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 I OF 7
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. By noon (12:00 p.m.) on Friday, May 15, 2026, Organizer shall remit to City nine hundred
and sixty-six dollars and ninety-seven cents ($966.97), which amount includes:
$ 766.97 Fee for reserving Park for five (5) hours
$ 200.00 Fee for Meridian Parks and Recreation personnel to provide
facility maintenance and janitorial services before, during, and
after the Event(1 staff member @ $40/hour x 4 staff hours)
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-26-0030, from 3:30 p.m. to 7:30 p.m. on Thursday, May 21, 2026.
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-26-0030, 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, so long as such access does
not unduly interfere with Organizer's use of Park for Event.
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
his designee may operate one (1) golf cart at Park during event, so long as such operation may be
undertaken safely.
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.
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 2 OF 7
4. Organizer shall provide and maintain access to Event for persons with disabilities.
5. No smoking shall be allowed in Park, except in designated parking areas.
6. 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.
7. 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-26-0030. 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-26-0030, 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 sunset on Thursday, May 21, 2026.
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 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.
G. Primary Source of Contact for Organizer. Organizer shall provide City the name, e-mail address,
and telephone number of specific personnel (hereinafter"Organizer Contact") who shall serve as
Organizer's primary contact between Organizer and City for all day-to-day matters regarding set-up,
operation, and tear-down of in Park. Organizer Contact for Event shall be:
Organizer Contact: Melissa Hadden
E-mail: mhadden@mld.org
Phone: 208-888-4451, ext. 1527
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:
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 3 OF 7
City Contact: Skyler Cook, Recreation Coordinator, Sports & External Events
Meridian Parks and Recreation Department
E-mail: scook@meridiancity.org
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:
If to Ci : If to MLD:
City of Meridian Meridian Library District
Attn: City Clerk Attn: Library Director
33 E. Broadway Avenue P.O. Box 940
Meridian ID 83642 Meridian ID 83680
cityclerk@meridiancity.org director@mld.org
Either party may change its address for the purpose of this paragraph by giving written notice of
such change to the other in the manner herein provided.
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. 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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G. 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.
H. 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.
I. 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.
J. State of Idaho requirements. Organizer certifies compliance with Idaho Code sections 18-8703
and the definitions included therein, and certifies it is not engaged in any of the activities prohibited
by that section. Organizer shall not assign or seek to assign this Agreement to a person who operates
in violation of these statutes. The City may immediately terminate the Agreement at its convenience
upon receipt of information Contractor is in violation of the terms of this provision.
K. Termination. 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. 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. Warranty of Authority. Each parry represents that all corporate action necessary for the
authorization, acceptance and delivery of this Agreement by such parry and the performance of its
obligations hereunder has been taken. This Agreement shall not become effective or binding until
approved 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: ,1 6—
Dan Pearson, Assistant Director of Operations
Meridian Library District
CITY OF MERIDIAN: Attest:
BY:
Robert E. Simison, Mayor 5-12-2026 Chris Johnson, City Clerk 5-12-2026
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