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HomeMy WebLinkAboutParking Spaces Lease Agreement with MDC and Masonic Lodge for Meridian Masonic Temple 800 E. Second Parking LotPARKING SPACES LEASE AGREEMENT This PARKING SPACES LEASE AGREEMENT ("Agreement") is entered into this 6th day of October, 2011, by and between the Urban Renewal Agency of the City of Meridian, also known as Meridian Development Corporation, a public body, corporate and olitic "MDC" ,the Ci of .. .. p ( ) t3' Meridian, a municipal corporation organized under the laws of the State of Idaho, ("CITY"), 33 East Broadway Avenue, Meridian, Idaho 83642 and Meridian Lodge #47, A.F & A.M. (herein "ML47"), collectively referred to as the "Parties" and each individually as "Party," on the terms and provisions set forth below. RECITALS A. ML47 is the owner of the Meridian Masonic Temple located at 800 E. Second St., Meridian, ID, 83642 and all of the parking spaces pertaining to the Temple. The area containin . g the parking spaces which are the subject of this Agreement is more specifically described as: all that portion North and East of the present Masonic Temple constructed on Lots 1, 2, 3, 4 and 9 of Block 7, original Townsite of Meridian, according to the amended plat thereof filed in Book 1 of Plats at page 30, in the records of Ada County, Idaho (hereafter "Parkin Area" . g ) B. The parties desire to enter into this Agreement to provide parking spaces for use by the public. Additionally, MDC is constructing an office building which will be purchased by two public agencies, Valley Regional Transit ("VRT") and the Community Planning Association of Southwest Idaho ("Compass"). The parking lot for this building may not be completed by the time Compass and VRT need to occupy the office building. Therefore, during and until expiration of the initial term of this Agreement or completion of the COMPASS/VRT office building parking area, whichever occurs first, the parties desire that the Parking Area will also be available for use b . y Compass and VRT and those lnvolvedwith these agencies. AGREEMENT 1. LEASE TERM. The term of this Agreement shall be October 1, 2011 until March 31, 2012. 2. NUMBER OF SPACES. The Parking Area currently consists of thirty three (33) spaces, which shall be the minimum number of spaces provided during the term of this Agreement. MDC and CITY acknowledge the Parking Spaces will be used as public parking. 3. USE OF NAME. MDC and CITY shall not use or publish the name "Meridian Lodge #47" or any comparable description of the Masonic Lodge without the prior consent of ML47. 4. HUURS. ML47 agrees to lease the Parking Area to MDC and CITY for use as public parking 7 days a week from the hours of 6 a.m. to 6:30 p.m. during the term of this Agreement. Three VRT owned vehicles may be parked in the ParkingArea up to 24 hours a day. 5. INDEMNIFCATION. To the fullest extent permitted by law, during the term of this Agreement MDC agrees to indemnify and hold harmless ML47 from any and all claims, causes of action and lawsuits pertaining to any and all liability that arises out of the use of Parking Space Lease Agreement -Page -1 the Parking Area by MDC during the hours set forth in this A reement ex ' , , , , . g cluding any claims or liability for injuries or damages arising out of the ne li ent or int ' g g entional acts or omissions of ML47 or its employees, members or agents. Nothin in this A reem ' intended nor g g ent is may it be construed to increase the limits of liability of MDC as ca ed b the Idaho Tort Claims Act Id pp Y ( aho Code § 6-901 through § 6-929), or to otherwise lessen the protections afforded MDC under said Act. 6. LEASE PAYMENTS. The lease rate for the initial term "Lease Rate" shall ' , ( ) be limited to the following: a. MDC shall be responsible for ensuring that the Parkin Area is at all times free an g d clear of debris, garbage, snow and ice and MDC shall direct the schedulin of g and payment for these cleaning and maintainance services. 7. ALTERATIONS BY MDC. MDC and CITY shall make no alterations ad ' ' ditlons or improvements, other than those specified herein, to the Parkin Area and corres ondin ,. g p g parking spaces without ML47 s written consent. 8. NO BAILMENT. Notwithstanding any other provision hereof, the arkin of vehi 1 ' p g c es in the Parking Spaces shall not create a bailment between MDC and the owner of a ny vehicle parked in the Parking Area and MDC shall not be res onsible for loss or dam , p age occurring on or about the Parking Spaces to automobiles, vehicles or accessories, or the contents thereof, caused by theft, collision, water, wind storm or an other causes Y whatsoever. 9. INSURANCE. MDC shall at its own expense obtain and maintain eneral liabili insuran g ty ce covering the Parking Area during the term of this Agreement. However, nothin in the g foregoing or elsewhere in this Agreement is intended, nor ma it be construed to increase .. .. Y the limits of liability of MDC as capped by the Idaho Tort Claims Act or to otherwise lessen the protections afforded MDC under said Act. 10. ENTIRE AGREEMENT. This Agreement represents the entire understandin and g agreement between the Parties with respect to the subject matter hereof, and su ersedes p all other negotiations, understandings and representations if an made b and between C Y) Y such Parties, 11. AMENDMENTS. This Agreement shall not be modified or otherwise amended exce t in p writing signed by all the Parties. 12. BINDING EFFECT. All of the terms and provisions of this A reement, whether so g expressed or not, shall be binding upon, inure to the benefit of, and be enforceable b the Y Parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns. Parking Space Lease Agreement -Page - 2 13. WAIVERS. The failure or delay of any Part at an time to re uire r Y Y q pe formance by another Party of any provision of this Agreement, even if known, shall not affect th ' e right of such Party to require performance of that provision or to exercise an ri ht ow y g , p er or remedy hereunder. 14. MISCELLANEOUS. Each Party represents and warrants that each erson ' p executing this Agreement on behalf of such Party is, at the time of such execution, dui authorized t y o do so by such Party s governing body, and is fully vested with the authori to bind ty such Party in all respects. If any provision of this Agreement is held invalid, ille al or unenfor . g , ceable, .the remainder shall be construed to conform to the intent of the Parties an d shall survive the severed provisions. IN WITNESS WHEREOF, the Parties hereto have executed this A reement as of the date se . g t opposite their signatures. The effective date of this Agreement shall be the date of the si nature of g the last Party to sign. October ~ ~ 2 Ol 1 MERIDIAN DEVELOPMENT CORPORATION BY ~ Attest Julie Pi ,Chairman S etar Y October I Z , 2011 CITY OF MERIDIAN By Tammy D e City k October , 2011 MERIDIAN LODGE #47, A.F & A.M. BY r Attest ~~ Pre ' ent /' Secretary Parking Space Lease Agreement -Page - 3