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Home My WebLink AboutPublic Parking Agreement with RWP Meridian, LLC for Public Works Week Expoc ~~i~E IDIAN~- Public ' °'4HO Works Department T0: Mayor Tammy de Weerd Members of the City Council FROM: Ashley Newbry, E.I.T. Staff Engineer DATE: May 24, 2013 Mayor Tammy de Weerd City CoWn~il Member: Keith Bird Brad Hoaglun Charles Rountree Dauid Zaremba SUBJECT: PUBLIC PARKING AGREEMENT WITH RWP MERIDIAN LLC FOR PUBLIC WORKS WEEK EXPO 2013 I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary License Agreement for public arkin with RWP p g Meridian LLC 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Ashley Newbry, PWW Expo Chair 489-0385 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-03 50 Tom Barry, Director of Public Works 489-0372 Page 1 of 3 III, DESCRIPTION A. Back ound On the day of the Public Works Week Expo June 5 2013 the Cit ~ ~ ), y Hall west parking lot will be reserved for heavy equipment exhibitions. This ' lot will be closed to all other parking. In the past, the City has worked with ProBuild 415 E, Broadwa Av ~ y enue) to reserve parking for the public for the Public Works Week Ex o. This ear ProBuild has b p Y ' ecome busier. Their stockyard is full, leaving little room for ublic arkin Burin our festivi ' p p g g ties. During the years we coordinated parking with ProBuild, we also coordinated with the owner of the empty dirt lot at 502 N. Main Street to ark a iece of heav • p p y equipment and a sign to advertise the upcoming Public Works Week Ex o. p This year, we have contacted the current owner of 502 N. Main Street and re uested q use of this lot for a piece of heavy equipment, as well as public arkin Burin P g g Public Works Week. IV. IMPACT A. Strate . is Im act: The dirt lot at 502 N. Main Street is on the northeast corner ' of Main Street and Bower. A pedestrian sidewalk runs along the west side of the lot and continues north to Broadway Avenue. This will allow for safe pedestrian crossin of the g railroad tracks as well as Main Street. If desired, pedestrians ma also use the . Y crosswalk at the Bower/Main Street intersection. B. Fiscal Impact: Free Public Parking $0.00 Temporary License Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the Temporary License A eement with RWP .. ~' Meridian LLC, leaving employees and the public to find alternative arkin in p g downtown Meridian. VI. TIME CONSTRAINTS Council's approval will allow for the timely return of the signed license a eement to RWP Meridian LLC. This will also allow for advance notice to em to ees and the p Y public of available and/or unavailable parking during Public Works Week. Page 2 of 3 VII. LIST OF ATTACHMENTS A. Temporary License Agreement (Parking) Approved for Council Agenda: Dat Page 3 of 3 TEMPORARY LICENSE AGREEMENT THIS AGREEMENT made and entered into this ~ day of ~_ t0., 2013, by and between the City of Meridian, an Idaho Municipal Corporation, hereilafter called "City", and RWP Meridian LLC, hereinafter called "RWP". WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to publicize the event in the downtown Meridian area, and WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would accommodate public parking and a piece of heavy equipment upon which City could attach a temporary sign, and WHEREAS, RWP is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of the property for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, RWP hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 502 North Main Street, Meridian, Idaho. The property subject to this agreement is generally depicted on Exhibit A (referred to herein as the "licensed premises"). 2. TERM OF AGREEMENT This temporary license is granted for a term to begin on June 3, 2013 and expiring on June 9, 2013. 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to public parking and the parking of one piece of heavy equipment, such as a tractor, upon which the City may affix a temporary sign. City agrees to comply with all applicable regulations for parking heavy equipment and the placement of temporary signs pursuant to the laws and regulations of the City of Meridian and any other governmental authority with appropriate jurisdiction. Temporary License Agreement - 1 - 4. REPAIR AND RESTURATIC~N QF PREMISZS: Cit shall be res nsible for . y po restoration or repanr of the licensed premises necessitated by damage caused by City's use under this Agreement. 5. INDEMNIFICATIQNRND INSURANCE City hereby agrees to defend and hold RwP harmless from any loss, liabilit Y~ claim or action from damages or injuries to persons or propert in an wa arisin Y Y Y g out afor resulting from the maintenance, use, and occupanc of the licensed Y prern~ses by City, its invitees, agents, and employees. If any claim, suit ar action is filed against RwP for any loss or claim described in this ara a Cit shall P ~' p~ Y defend RwP and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however RwP shall not be relieved hereb from liabilit for i Y y is awn negligent or willful act or omission ar that of its employees. In addition, City shall maintain, and specifically agrees to maintain throw out the . .. ~ term of this Agreement, lrabil~ty insurance in the minimum amaunt as s ecified in the Idaho To p rt Claims Act set forth in Title 6, Chapter 9 ofthe Idaho Code, and such amount shall be deemed to be the limit of City's covenant to save and hold harmless RwP. in the event the insurance minimums of the Idaho Tort claim s Act are changed, City shall immediately submit Proof of Compliance with the changed limits. ~. NOTICES A. All notices to be given with respect to this Agreement shall be in writin addressed as fo 1 ~ lows: To RWP; RWP Meridian LLC I99 North Capitol Blvd. #300 Boise, ID 83702 To City; City of Meridian City Clerk 33 East Broad~vay Meridian, ID $3642 B. Notice shall be either delivered or sent by certified mail, stn e r aid 1~ g p ~ return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writin .Eve g rY notice shall be deemed to have been given at the time it is de sited in the United St ~ ates mail, or upon delivery to the party above specified, or their agent or legal representative. ~l. Temporary License Agreement _ ~, _ 7. 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 BOTC in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. APPROVAL BY CITY COUNCIL REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. RV~ By: CITY OF MERIDIAN By. l ~' ~/G Tammy e eerd, Mayor ~gA'{FD AUGUST .~ O~ Attest: city of ~~E IDI~ IAN~- 1DAHD ~ ~ W C'~~ ~Pv e rBe THE ~S~~ Jaycee olman, City Clerk Temporary License Agreement - 3 - Parcels to be used: R100900003b0; 810390400344 EXHIBIT "A'' Temporary License Agreement ~ 4 M~A ~~„ ~~k~. 'auA~~, ~ ~ EXHIBIT "A" ~ ~ ~i ~'~ ~ ~,~ ti ~~ ' '~ ~ ` ~ v I, a ~I t ~~°~ ~ ~. ~~ i~/~~ ' ~' M Parcels to be used: 810090000360; 810390000340 Temporary License Agreement -4- 3~Mx< e` ~rh 3`~~a'v,% r r~~~' ~~Bp~Ar y~ , ~,~ ~yp\; M Y. u ~'~ ° ~ d' ~~ ~