HomeMy WebLinkAboutLease Agreement with All Cad North West, LLC for Concessions Operations at Settlers ParkLEASE AGREEMENT for
CONCESSIONS OPERATIONS AT SETTLERS PARK
This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS
PARK ("Lease") is entered into by and between the City of Meridian ("Landlord"), and All Cad
North West, LLP ("Tenant"), effective the "=f- day of . h~~~~1r, 2013. In this Lease, Landlord
and Tenant may be referred to individually as a "Party" or collectively as "Parties."
WHEREAS, Landlord owns Settler's Park, located at 3245 N. Meridian Road, which
park includes a concession building adjacent to the 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.
II. 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 Project no. PKS-13-10121A, 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.
III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises,
Tenant shall provide the services enumerated in Attachment A (Specifications/Scope) of the
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 1 of 11
Request for Proposals for Project no. PKS-13-10121A, attached hereto as Exhibit A, under
sections B (Dates/Times of Service) and D (Additional Requirements). Further, Tenant shall
insure that the area within and immediately adjacent to concession area of the Lease Premises
is kept clean and free of all debris, litter, or other unclean or unsightly condition caused or
created by the operation.
IV. Term of lease. The term of this lease shall begin on May 1St, 2013 ("Effective Date"),
through 11:59 p.m. on September 30, 2015, unless earlier terminated by either Party by the
method established herein. Tenant shall be deemed to have occupied the Lease Premises for
purposes of commencing the Term as of the Effective Date. Time is of the essence in all
matters related to this Lease.
V. laesponsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease
Premises under this Lease, Tenant shall be responsible for each and all of the following.
A. Dent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to
the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and
expenses for all utilities in connection with the Premises, including the cost of electricity
or other fuels or power sources, water and sewer services, and waste disposal services.
Land line telephone service is not available at the premises.
B. Personal property taxes. If applicable, Tenant shall pay, prior to delinquency, all
personal property taxes payable with respect to all property of Tenant located on or at the
Lease Premises. "Property of Tenant" shall mean and include all personal property of
Tenant including any inventory, equipment, floor, ceiling and wall coverings, furniture
and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to
the Lease Premises that are owned by and separately assessed to Tenant.
C. Surrender of Lease Premises; removal of property. Subject to the provisions set forth
herein regarding early termination, upon expiration of the Lease term or earlier
termination of the Lease, whether by lapse of time or otherwise, Tenant, at Tenant's sole
expense, shall:
1. Remove the Property of Tenant;
2. Repair and restore the Lease Premises to a condition as good as received by Tenant
from Landlord, reasonable wear and tear excepted; and
3. Promptly and peacefully surrender the Lease Premises and yield up possession to
Landlord.
Any property left on the Premises after the expiration or termination of the Lease shall be
deemed to have been abandoned and shall become the property of Landlord. Tenant shall
be liable for all costs associated with the removal and/or disposal of such property.
Tenant hereby waives all claims for damages that may be caused by Landlord's reentering
and taking possession of the Lease Premises or removing and storing the Property of
Tenant and/or other property as herein provided. No such reentry shall be considered or
construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 2 of 11
liability resulting from delay by Tenant in surrendering the Lease Premises, including,
without limitation, any claims made by a succeeding tenant founded on such delay.
D. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease
Premises and does hereby accept the Lease Premises as being in good and satisfactory
order, condition, and repair. It is understood and agreed that Landlord makes no
warranty or promise as to the condition, safety, usefulness or habitability of the Lease
Premises, and Tenant accept the Lease Premises "as is." In entering into this Lease,
Tenant is relying on its own investigation and inspection of the Lease Premises and its
own determination of the suitability of the Lease Premises, physically and legally, for its
intended use.
E. Alterations. Tenant shall make no additions, changes, alterations or improvements to the
Premises or to any electrical, mechanical or fire protection facilities pertaining to the
Premises without the prior written consent of Landlord. Tenant shall be responsible for
any and all code requirements resulting from any additions, changes, alterations or
improvements to the Premises.
F. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises,
or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of
Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations
relating to its use or occupancy of the Lease Premises.
G. No assignment or subletting. Tenant shall not, without first obtaining Landlord's
consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2)
sublease all or any portion of the Lease Premises; or (3) allow the use or occupancy of
the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve
the Tenant of any liability under this Lease, unless Landlord consents in writing to accept
such assignment or sublease as a whole or partial novation. Notwithstanding the
foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant
shall not constitute an assignment hereunder.
H. Compliance with ADA. Tenant shall not enter into any change of use of the Premises,
whether approved by Landlord or not, if such change in use would result in increased
liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No.
101-336, 42 USC 12101 et. seq, as it may be amended from time to time ("ADA").
I. o azardous Substances. Tenant specifically agrees not to use, store or deposit any
substance that is hazardous or dangerous to person, property or the environment (or any
similar substance) as now or hereafter defined by or determined pursuant to any
applicable state or federal law or regulation in amounts exceeding legally permissible
levels in, on, or about the Premises.
J. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by
Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all
mechanics' liens on account of work done by Tenant or persons claiming under Tenant.
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 3 of 11
Tenant agrees to defend, indemnify and save Landlord free and harmless against liability,
loss, damage, costs, attorneys' fees, and all. other expenses on account of claims of lien of
laborers or materialmen or others for work performed or materials or supplies furnished
to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim
of lien, it shall furnish Landlord adequate security for the value or in the amount of the
claim, plus estimated costs and interest, or a bond of responsible corporate surety in such
amount conditioned on the discharge of the lien. If a final judgment establishing the
validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the
same at once. If Tenant shall be in default in paying any charge for which a mechanics'
lien claim and suit to foreclose has been filed and Tenant shall not have furnished
Landlord adequate security as more particularly provided above, then, in order to protect
the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not
be required to, pay the claim and any costs, and the amount so paid, together with
reasonable attorneys' fees incurred in connection therewith, shall be immediately due and
owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should
any claims of lien be filed against the Lease Premises or any action affecting the Lease
Premises be commenced, the Party receiving notice of such lien or action shall forthwith
give the other Party written notice thereof.
K. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless
from any loss, liability, claim., judgment, or action for damages or injury to Tenant, to
Tenant's personal property or equipment, and to Tenant's employees, agents, guests or
invitees arising out of or resulting from the condition of the Lease Premises or any lack of
maintenance or repair thereon and not caused by or arising out of the tortious conduct of
Landlord or its employees. Tenant further agrees to indemnify and hold Landlord
harmless from any loss, liability, claim or action from damages or injuries to persons or
property in any way arising out of or resulting from the use and occupancy of the leased
premises by Tenant or by Tenant's agents, employees, guests or business invitees and not
caused by or arising out of the tortious conduct of Landlord or its employees. If any
claim, suit or action is filed against Landlord for any loss or claim described in this
paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs,
including attorney's fees, associated with the defense or resolution thereof, or indemnify
Landlord for all such costs and fees incurred by Landlord in the defense or resolution
thereof.
L. Insurance.
1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force
throughout the term of this lease in force with an insurance carrier acceptable to
Landlord a policy of commercial general liability insurance covering the activities of
Tenant in connection with the Lease Premises, having a combined single limit of not
less than one million dollars ($1,000,000) per person and per occurrence and property
damage liability insurance with a limit of not less than one million dollars
($1,000,000) per accident or occurrence. The insurance shall insure against any and
all liability of Tenant with respect to the Lease Premises and any other property used
or useable by Tenant.
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 4 of 11
2. Personal Property Insurance. Tenant shall purchase and maintain in force
throughout the term of this lease insurance covering all of Tenant's and Landlord's
furniture and fixtures, machinery, equipment, inventory, and other personal property
owned or used by Tenant in, on, or about the Lease Premises. All policy proceeds
shall be used for the repair or replacement of the property damaged or destroyed
regardless of the cause of such damage; however, if this Lease ceases due to early
termination due to damage or destruction as described herein, Tenant shall be entitled
to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery,
equipment, inventory, and any other personal property.
3. Policy Form. A11 policies of insurance provided for herein shall be issued by
insurance companies rated A, Class VI, or better in Best's Key Rating Guide and
qualified to do business in the State of Idaho. All insurance required to be furnished
by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord
naming Landlord as additional insured and copies of policies of such insurance or
certificates issued by the insurance company evidencing the existence and amounts of
such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace
such insurance at least thirty (30) days prior to the expiration date of such policy shall
constitute a material default under the terms of this Lease. All policies of insurance
provided by Tenant may be provided within the coverage of a blanket policy(s) of
insurance carried and maintained by Tenant.
Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in
force any of the insurance required of the Tenant, Landlord has the right to terminate
the Lease. Landlord may, but shall not be required to, purchase and keep in force the
same, in which event the Tenant shall pay to the Landlord the full amount of the
Landlord's expenses with respect thereto, said payment to be made within ten (10)
days after demand for such payment by the Landlord.
Insurance isks. Tenant shall not do or permit to be done any act or thing upon the
Premises or the Building which would (a) jeopardize or be in conflict with fire
insurance policies covering the Building and fixtures and property in the Building; (b)
increase the rate of any insurance applicable to the Building to an amount higher than
it otherwise would be for the general use of the Building; or (c) subject Landlord to
any liability or responsibility for injury to any person or persons or to property by
reason of any business or operation being carried on upon the Lease Premises.
V. esponsibilities of Landlord. During the Lease term, Landlord shall be responsible for
each and all of the following.
A. epair and maintenance of Lease Premises. Landlord shall repair and maintain the
structural portions of the Lease Premises, including, but not limited to, the electrical
systems, roof, and structural integrity of the premises, unless such maintenance or repairs
are required as a result, in whole or in part, of the act of, or neglect of any duty by,
Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 5 of 11
Landlord the reasonable cost of such maintenance or repairs within ten (10) days of
Tenant's receipt of Landlord's itemized bill therefor.
B. Equiprrient. The parties acknowledge equipment owned by Landlord, as described in
Exhibit C hereto. All such equipment shall be placed in good working order by the
Effective Date at Landlord's sole expense. During the Term, Landlord shall repair and
maintain equipment owned by Landlord.
C. Entry and inspection. Landlord at all reasonable times, and at any time in case of
emergency, may enter the Lease Premises for the purpose of inspection, cleaning,
repairing, altering, maintaining or improving the Lease Premises subject to Tenant's
reasonable security requirements and reasonable client confidentiality requirements.
D. Property insurance. Landlord shall maintain insurance on the Lease Premises,
excluding equipment described in Exhibit C, which insurance Tenant shall provide. The
insurance provided for in this Section may be provided within the coverage of a blanket
policy(s) of insurance carried and maintained by Landlord.
VII. GENERAL PROVISIONS.
A. No agency; independent contractor. It is understood and agreed Tenant shall not be
considered an agent of Landlord in any manner or for any purpose whatsoever in
Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this
Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any
officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant
shall have no authority or responsibility to exercise any rights or power vested in
Landlord.
B. Notices. All notices to be provided under this Agreement shall be in writing and
addressed as follows:
Tenant: All Cad North West, LLP
Attn: Melissa Mendez
1465 E. Commercial Drive
Meridian, ID 83642
Landlord: City of Meridian
Attention: Colin Moss
33 East Broadway
Meridian, Idaho 83642
Notices shall be either personally delivered or sent by U.S. mail, postage prepaid.
Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon
personal delivery to the party above specified.
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 6 of 11
A. Early termination due to damage or destruction. In the case of damage to the
Lease Premises by a Force Majeure, Tenant shall immediately notify Landlord.
"Force Majeure" shall mean a cause or event that is not reasonably foreseeable or
otherwise caused by or under the control of either Party, including acts of God,
fire, flood, vandalism, accident, governmental acts, and other like events that are
beyond the reasonable anticipation or control of Party affected thereby. If the
Premises or Building are damaged by Force Majeure to such extent that they are
rendered unusable or unsafe for use, Landlord may immediately terminate this
Lease.
B. efault or breach; cure; termination. If Tenant is in breach or default of any of
the terms, covenants or conditions of this Agreement and Tenant fails or refuses
to cure such breach or default within ten (10) days of written notice thereof, this
Agreement, and all rights of Tenant in and to Premises, at Landlord's option, may
be deemed terminated and forfeited without further notice or demand. In the
event of any default or breach of this Agreement and Tenant's failure or refusal to
cure as hereinbefore provided, Landlord may, upon three (3) days notice, enter
into and upon the premises, take possession thereof and expel Tenant therefrom,
with or without process of law, and without being guilty of trespass, and without
prejudice to any and all other rights and remedies Landlord may have. Tenant
shall be liable for any damages and any costs, including legal expenses and
attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The
rights, privileges, elections and remedies of Landlord set forth in this Lease or
allowed bylaw or equity are cumulative, and the enforcement by Landlord of a
specific remedy shall not constitute an election of remedies and/or a waiver of
other available remedies.
C. I~1o waiver. Landlord's waiver on one or more occasion of any breach or default
of any term, covenant or condition of this Lease shall not be construed as a waiver
of any subsequent breach or default of the same or a different term, covenant or
condition, nor shall such waiver operate to prejudice, waive, or affect any right or
remedy Landlord may have under this Agreement with respect to such subsequent
default or breach by Tenant. The acceptance of any Rent by Landlord shall not be
deemed to be a waiver of any preceding breach by Tenant of any term, covenant
or condition of this Lease, other than the failure of Tenant to pay the particular
Rent so accepted, regardless of Landlord's knowledge of such preceding breach at
the time of acceptance of such Rent.
D. 110 obligation. By the granting of this lease, Landlord does not in any way bar,
obligate, limit, or convey any warranty with regard to any action relating to
development or operation of said premises, including, but not limited to,
annexation, rezone, variance, permitting, environmental clearance, or any other
action allowed or required bylaw or conveyed by City Council.
E. ediation. Any disputes between the Parties in connection with the rights and
obligations under this Lease, shall be settled by mediation upon the request of any
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 7 of 11
F. Party and the mutual agreement of both parties. Mediation shall be a required
precursor to litigation filed regarding this Agreement. All costs associated with
mediation shall be shared equally by the parties.
G. Nondiscrimination. Both Parties warrant and agree that there shall be no
discrimination against any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin or ancestry, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises.
H. Attorney fees. Tenant shall be liable to Landlord for all damages and costs,
including legal expenses and attorneys' fees, suffered or incurred by Landlord in
the enforcement of any of the terms, covenants or conditions of this Agreement.
I. Exhibits. All exhibits to this Agreement are incorporated by reference and made
a part of hereof as if the exhibits were set forth in their entirety herein.
J. Entire agreement. This Agreement and the Exhibits hereto contain the entire
agreement of the parties and supersedes any and all other agreements, leases, or
understandings, oral or written, whether previous to the execution hereof or
contemporaneous herewith. No oral or written inducements to execute this Lease
have been made to Tenant. In entering into this Lease, Tenant relies upon no
statement, fact, promise or representation, whether express or implied, written or
oral, not specifically set forth herein in writing.
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:
ALLCAD NORTHWEST
~rne.v~dp-.~
Melissa Mendez
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Pue~.~~
LANDLORD:
CITY OF MERIDIAN:
BY:
Tammy d erd
State of Idaho )
1 ) ss:
County of ~C1I~ )
I HEREBY CERTIFY that on this r 7 day of April, 2013,
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Melissa Mendez, 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 ove written. ~~ ,~ ^ ,, _.
Notary Public ~ • Idaho , r /"~
Residing at / ci l .S ~ ~ _ Idaho
My Commission Expires: ~ " 1 ~ _ ~- n i ~-
U~\~r ~i'o nuct~
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.~ ~
IDAND
Mayor YTF,~ t
o; .,,.~xr~s":~
City Clerk
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 8 of 11
E~IIFIT
REQUEST FOR PROPOSALS FOR PROJECT NO.
PKS-13-10121A
SEE ATTACHED SEPARATELY
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 11
~E IDIAN*
~o~~~
33 ast roadway Ave,, Ste 106
Meridian, ID 83842
hone: (208) 489"041 fi
Fax: {208} 887-4813
REI~UEST FOIE I~RO~~i~AaLS
PROJECT IVY. PKS-13-10121/1
CONTRACT SPECIFICATIONS FOR:
. .
LIV To: I I I A( N
3 ADWAY V NU 1 fl
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Pre- id Confrence/UValkTh"ough
MAN AT®RY C YES
[ x, No
Marc,-11,2413 3:04 a..
Settlers Park Concession lda
3245 N Meridian d, Meridian
Prepared by: KEITH WATTS
AND AD SS OF V NO SUMI IN OSA
NAM : AD S: 1 S L. ,
AT :. ! t 1 t
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page x afx7
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addian arks and ecreation is seeking proposals for vendors to provide seasonal
concessions services in the Settlers Park concessions building.
Contained within the peci~cations / cope of work "Attachment A" are specific
objectives which will be required of the awarded respondent. The City of Meridian
shat! retain the ability to revise this scope as necessary.
I
Whose respondents which are determined to be bes
services required under this Pequest for Proposals
presentation to the City. Further information may be
respondents after the initial selection.
I 1
t qualified to undertake the
may be invited to make a
provided to the prospective
One (1 }original and one (9) copy of the respondents sealed proposal will be received
by the City on ~ 'I until 4:00 p.m., T at the office of the Purchasing
Agent, City of Meridian, 33 ast roadway Avenue, Ste. ~ 06, eridian, Idaho 83642.
The Proposal must contain, but is not limited to the following information:
~ . Completed proposal farm submitted on III
2. A summary of the respondents experience with projects similar #o the types of
work stated in this Pequest for roposals, submitted on
III - I T' ,
3. Any additional information which the respondent deems appropriate.
I'a~ of 7
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Page of A7
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Any and all explanations desired by a respondent regarding the meaning or
interpretation of this Request for roposals or any part thereof must be requested in
writing and directed to the person named as the Purchasing Representative and in
accordance with section ~ " XLANATI~NS R SPOIVD NTS". Violation(s) may
be caused for rejection of the proposal.
Dated: 2 ~2 ~j
CITY OF MERIDIAN
Keith Watts, Purchasing Manager
Page of 7
II
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There are seventeen (17} total pages in this equest for Proposals, It is the respondent's
resonsibili#y to ensure that all pages are included. If any pages are missing, immediately
request a copy of the missing page (s} by e-mailing your request to Keith Watts, urchasing
Agent at kwaseriianci .o Project PKSr13®10409.
4 II I
. 1 I
Interested vendors shall submit one (1) original and one {1) capy of their response in
Accordance with this Request for roposals and must be sealed and addressed as directed
below. Failure to do so may result in a premature opening of, ar a failure to open, such
proposals, uch premature or late opening, or failure to open, may result in disqualification
of the proposal. a outside of the envelope must bear the notatian:
RJR -1-10 9
013 L 8 PARK C4CESSI
H 1, 2013 4:00 .1111.
'the arnv~al®pa ut adr®ase art delivered to: City of riln, arch in apartnnnt, as
roadway Avenue, t®.106, Meridian, Idaho 83
Page of 17
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Page 7 of R7
e
Page Of 7
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Issue the equest far Praposal February 26, 2013
Pre-Prop®sal Conference {On Site) March 11, 2013
eceive Qualifications March 19, 2013
Anticipated Selection Date March 2, 2013
Anticipated Award of Lease April 9, 2013
1"he lease agreement will be for a term of unless otherwise negotiated between the
successful Vendor and the pity of Meridian.
Page of
111
In response to the Request for roposals, the undersigned respondent hereby proposes to
furnish labor, material, travel, professional services, permits, supervision, equipment and
equipment rental and all related expenses, and to perform ail work necessary and required to
complete the following project in strict accordance with the terms of this equest for
Proposals and the final lease agreement far the prices specified by the respondent for:
~1 ®1 0
1 1
Addendum a. 1 ® Addendum o, 2
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Page U of 17
Subrnifited by,
n Irt f6
Business
Name: t LL,
Name:
SSN. l ~ t
State of laha seals lVurnber:
Address: 1 ~ t
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Page 1 of 7
I dealers under penalty ®f perjury that the f®regoin i~ true end ~arrect.
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T'he respondent submits as a part of its proposal, the following information as to its
experience and qualifications:
a. The respondent has been engag in this business under its present business
name for l years.
b. experience in work of a nature similar in type and magnitude to that set forth in
the request for proposal xtns ®ver a period ®f years.
lease answer the fallowing questions with as much detail as possible. Attach additional
pages if needed.
Pale 0~ 7
Pfe~se fist three (3) ref~r~nces who can attest ® y~-ur quality ®f r®duct aid Irv+ce.
I (1 1 I I
Page of 17
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1n addition to the amenities listed above, cons#ruction is set to begin in 201'!3 on Phase 11 of
Settlers Village Square which will include 4 more performance tennis courts, ~ championship
tennis court, and youth tennis courts. With the 2 caurts already in existence, by the end o
2Q'13 Settlers Park will have a tennis facility with 7 full-size courts capable of hosting large
competitive tournaments.
Page 1 of 7
I . 'The lUleridian arks and creation epartrnent has been leasing the
Settlers Park concessions building to a third party vendor since 2009. The following are
gross sales totals for the entire summer by year.
2009 ®21,92f.75 {open 95 days for a daily average of $230.81)
201®®$25,703.00 {open 88 days for daily average of $292.08}
2011 ®$3?,5 .09 (open 91 days for a deify average of $412,51)
2012 ®$19,873.60 {open 90 days €or a daily average of $220.82)
I_ow sales totals in 2012 were attributed mainly to unusually hot weather and poor air quality
that severely reduced the number of park visitors. Local news outlets repart in C>ctober
that the average tentiperatures for JulyeSep#ernber in 2012 were the hottest ever recorded in
the 'Treasure Valley since data started being tracked in 1865.
Page 16 of 7
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.~.Clprofits from safes at SettCers Park ^wiCC6e donated to .7l~ieridian `~.tnited
Sports Center ..~l.cademy to provide for the youth of meridian.
Meridian ?~nitedsports Center .~.cademy (aka meridian ~nitect} is a non~rrofit
organization that has been formed to strengthen our community, invest in our
children, andprovide opportunities for alCaf our youth regardless of economic
class.
.Meridian `i.tnited~wilCdevelop our youth into successf~ulplayers and teach them
life Lessons tiveCl6eyond the game. ~'he model of meridian 'T..lnited Sports Center
..~.cademy focuses on hard-work, skill development, disc dine, and fitness
training. ~Ve tiviCCcreate a positive environment for aCCathCetes to improve and
develop as individuals through sports with a strong emphasis on character,
tivork ethic, and attitude.
Sports have become very expensive and in our economic environment tive need'
to minimize the cost in order for more children to 6e a6Ce to partic~ate. ~Ne
believe this is one of the areas that youth pCayer needs are not being met. ~rcr
mission is to invest in our children in our community.
phis is a great opportunity to give back to our children and'we are up for the
chaCCenge.
VY / ~ O
I have an extensive Business .Management and Customer Service 6ackgrvurtd:
I am a Telecommunication Brtgineer that has tivorkedfor Cercturylink_ for i3
years. lam responsible for designing telephone and data lines to netiv
developments and 6uildirtgs throughout the treasure 'Valley. .~ communicate
andserve customers on a daily .basis to meet theirproject needs.
I am also an ol~ner of .r~.CCC.~D .~Vorthtivest, LLP. '1Ne provide engineering and
drafting support to engineering f firms around the 'i.tnited States. ~Ne are also
art authori2ed..~tutodesk reseller that sells software andprovides cert fled
training for .~lutodesk products, `yYe have been ~n business for ~o years and
have an office in ~vleridian, Idaho, and Richland; ~Nashington.
~' tivas an owner of SP.C.~I.T Paint6all in Boise Before selling it to True Paint6all
in zoo. ~e provided youth activities, customer service, foodservice anda
family. f -iendly atmospFtere.
I have been acoach/manager for youth sports for ~2 years, I have tivorked
many club fundraisers and also severalvendor booths throughout the years
serving foodto customers andraising funds for youth activities.
I have volunteeredat the Idaho,~'ovdBank mult~le times and have servedfvod
to the homeless and care packages for families in need:
I am a mother of ttivo girls and knotiv tivhat it takes to make kids smiCeU
1 knotiv 'what it takes to run successful6usinesses, provide great customer
service, establish community service goals, impact our youth in a~aositive 'way,
and 6e proud of the city in which I Live and lvork.
EXHIBIT
PAY SCHEDULE
A. Amount. Tenant pay Rent to the Landlord in the following amounts:
1. Twelve percent (12%) of gross sales.
B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (10th) of the
following month. Tenant shall submit copies of all daily cash register receipts for the
preceding week by 11:59 p.m. on every Friday.
C. Accounting required. Tenant shall keep a full and accurate set of books, adequately
showing gross receipts received during each month for all operations associated with this
Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and
receipt records.
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 10 of 11
EXHIBIT C
LIST OF LANDLORD' S FIXTURES
1. Freezer
2. Fridge
3. Microwave
4. Cash register
5. Three compartment sink
6. Handwashing sink
7. Mop sink
SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 11 of 11