HomeMy WebLinkAboutAgreement for Use with R&J Restaurant, LLC for Temporary Use of Parklet to extend Amenities and Services to the Sidewalk4 yy~
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AGREEMENT FOR USE OF PARKLET
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This AGREEMENT FOR USE OF PARKLET (hereinafter "Agreement") is made this ~ day of
September, 2013 (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 R&J Restaurants, LLC, a limited
liability company organized under the laws of the State of Idaho whose address is 1195 W. Hitchcock Street,
Meridian, Idaho (hereinafter "User").
WHEREAS, the term "parklet" describes a space that temporarily extends the sidewalk area into a
parking spot for the purpose of offering amenities such as seating, vegetation, and art to pedestrians and
downtown business patrons;
WHEREAS, the Planning Division of the City of Meridian Community Development Department
has prepared a pilot parklet program for downtown Meridian., with the objectives of encouraging interest in
downtown businesses, demonstrating the value of streetscape improvements to aesthetic and economic
development, and creating a space for downtown patrons to enjoy outdoor dining while preserving pedestrian
use of the sidewalk; and
WHEREAS, City owns mobile decking and related accoutrements generally as depicted in the
rendering attached hereto as Exhibit A ("Parklet"), and the Parklet will be parked in a parking spot front of
User's business;
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 User agree as
follows:
I. PERMISSION GRANTED.
Subject to the terms and conditions set forth herein, City hereby grants to User permission to utilize the
Parklet from 4:00 p.m. to 11:00 p.m. on Friday, September 27, and from 6:00 a.m. to 11:00 p.m. on
Saturday, September 28, 2013, and from 6:00 a.m. to 11:00 p.m. on Sunday, September 29, 2013, in the
manner set forth in this Agreement for all uses approved far the principal use at 130 E. Idaho Avenue,
Meridian, Idaho.
II. OBLIGATIONS OF USER.
A. Reasonable use. User shall employ best efforts to ensure that its use of Parklet is appropriate and
reasonable. Where User's use of Parklet causes disproportionately excessive damage to same, User shall
reimburse City for the cost or proportionate cost of necessary repairs and/or replacement.
B. Permitting. In addition to compliance with all terms and provisions of this Agreement, User shall
separately obtain and comply with each and all of the following permits, as required by law:
1. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District
Health Department; and
2. City of Meridian liquor catering permit.
C. Manner. The permission extended under this Agreement shall be subject to the following terms and
conditions:
AGREEMENT FOR USE OF PARKLET PAGE 1 OF 4
1. Use of Parklet comply in all respects with all applicable permits, laws, ordinances, and regulations,
including, but not limited to, those related to the service of food and/or alcoholic beverages.
2. User shall not allow the use of tobacco products or e-cigarettes on Parklet.
3. User shall ensure that all personal property placed on Parklet, including umbrellas, tables, chairs, etc.:
a. Is removed from the Parklet and the right-of--way during non-business hours; and
b. Does not, in any way, create an unsafe condition for motorists or pedestrians.
4. User shall maintain the Parklet in a clean condition, free of litter and debris.
5. The following items shall be prohibited on Parklet: receptacles for solid waste or recyclables,
automated teller machines (ATMs), vending machines, generators, decorative rugs or ground
coverings, platforms, grills, cooking appliances or stations, beverage serving appliances or stations,
shelves, storage containers, equipment, supplies, or products.
D. Insurance. User shall submit to City proof of an insurance policy issued by an insurance company
licensed to do business in Idaho protecting User, User's employees, agents, contractors, officials,
officers, servants, guests, patrons, and invitees fi•om all claims for damages to property and bodily injury,
including death, which may arise during or in connection with such persons' use of or involvement with
Parklet. Such insurance shall name City as additional insured, and shall afford at least five hundred
thousand ($500,000.00) per person bodily injury, five hundred thousand ($500,000.00) per occurrence
bodily injury, and five hundred thousand ($500,000.00) 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 User or any User employee, agent,
contractor, official, officer, servant, guest, patron, and/or invitee, User 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. Placement of Parklet. In exchange for the obligations accepted herein, between 1:00 p.m. and 4:00 p.m.
on Friday, September 27, 2013, City will deliver Parklet to a parking space in front of or near the
restaw•ant known as Rick's Press Room Grill, located at 130 E. Idaho Avenue, Meridian, Idaho.
B. Maintenance. Except as otherwise set forth herein, City shall provide general maintenance and upkeep
with regard to Parklet infrastructure.
C. Primary Source of Contact for City. City shall provide User 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 User for all day-to-day matters regarding set-up, operation, and removal of Parklet.
City Contact for Parklet shall be:
City Contact: Brian McClure
Community Development Department
E-mail: bmcclure@meridiancity.org
Phone: 208-884-5533
IV. GENERAL PROVISIONS.
A. Notice. Communication between User 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
AGREEMENT FOR USE OF PARKLET PAGE 2 OF 4
writing and be deemed communicated when personally served, or mailed in the United States mail, or via
e-mail, addressed as follows:
City: User:
City of Meridian Rick R. Valenzuela
Attn: Emily Kane, Deputy City Attorney R&J Restaurants, LLC
33 E. Broadway Avenue 1195 W. Hitchcock Street
Meridian, Idaho 83642 Meridian, Idaho 83646
ekane@meridiancity.org EMAIL,I
B. City property. The parties hereto expressly acknowledge that Parklet is publicly-owned property, the
management and scheduling of which shall at all times be within the sole purview of City. City shall
have the right to allow or limit the use of Parklet, to close all or• any portion of Parklet, or to remove
Parklet, for any and all purposes and under any and all conditions.
C. Assignment. User shall not assign or sublet all or any portion of User's interest in this Agreement or any
privilege or• eight 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.
D. No agency. Neither User nor User's employees, agents, contractors, officials, officers, servants, guests,
or• invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use
and occupancy of Parlc.
E. Indemnification. User and each and all of User's employees, agents, contractors, officials, officers,
servants, guests, patrons, and/or invitees, shall indemnify and save and hold harmless City and the Ada
County Highway District from and for any and all losses, claims, actions, judgments for damages, or
injwy to persons or property and losses and expenses caused or incurred by User or any of User's
employees, agents, contractors, officials, officers, servants, guests, patrons, and/or invitees, at or in its
use of Parklet or right-of--way, or any lack of maintenance or repair of the Parklet or of the right-of--way,
and not caused by or arising out of the tortious conduct of City or Ada County Highway District. User
acknowledges that user of Parklet carries risks, some of which are unknown, and with that knowledge
User does assume all such risks.
F. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability
of the premises; User accepts Park for use as is, both at the Effective Date of this Agreement and
throughout the course of its use of Parklet and all related activities.
G. 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 conU•act between the parties and shall survive any default,
termination or forfeiture of this Agreement.
H. 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 failw•e to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
AGREEMENT FOR USE OF PARKLET PAGE 3 OF 4
I. Termination.
1. Grounds. Crrounds 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 mailing, e-mailing, or personal delivery of
written notice of termination. Such notice shall include a description of the breach or circumstances
providing grounds for termination. A two (2) 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.
J. 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.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as if the exhibits were set forth in their entirety in this Agreement.
L. 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.
M. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such
term, and any right or remedy hereunder may be asserted at any time after the governing body of either
party becomes entitled to the benefit thereof, notwithstanding delay in enforcement.
N. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with
the laws of the State of Idaho.
O. Approval required. This Agreement shall not become effective or binding until approved by both User
and by Meridian City Council.
IN
authorized
BY:
Rick
WHEREOF, the parties shall cause this Agreement to be executed by their duly
to b~ effective as of the day and year first above written.
CITY OF MERI IAN:
BY: ~~~ry
Tammy eerd, Mayor
AGREEMENT FOR USE OF PARKLET
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~~ °" est:
~° City of
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~~ SEt~~t. ~° yc e Holman, City Clerk
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F~ ° s r n e r s e as~~'t PAGE 4 OF 4
~` °'~°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD1YYYY)
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THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY AND' CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THI5 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy{iesj must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT Z I MNEY DALE - AA AZF
Western Community Ins Co arc No Ext: 20$-8$$-1$21 a!c No; 208-232-3608
PO Box 4848 '^IaL commcells Idfbins.com
ADDRESS: G~
Pocatello, ID 83205-4848 INSURER(9 AFFORDING COVERAGE NAIC #
.. __ INSURER A: WestemCommunitylnsCo 39519
INSURED
INSURER B
II11111111111111111111111111111111111111111111111111 INSURER C:
R S J RESTAURANTS LLC DBA
RICKS PRESS ROOM INSURERD:
l O E IDAHO AVE INSURERE: _
MERIDIAN I D 83642 INSURERE:
COVERAGES CFRTIFIreT~ ullneR~u• nL~aclr~.r u~uiern. AC(1A~9
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IL75RR TYPE OF INSURANCE ADDL 5 8 pOLJCY NUMBER NMfnoYJYEYYI' MM DDlYYYY
LINIrS
GENERAL LIABILITY EACH OCCURRENCE
-~ $ OOQ O
X COMMERCIAL GENERAL LIABILITY DAMAGE TD RENTED
PREMISES Ea occurrence $ OO
CLAIMS
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A Y N $ A 7 25001 8/ 10/ 13 8/ 1
/ 1 PERSONAL & ADV INJURY $
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GENERAL AGGREGATE $ OOO OO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPlOP AGG $ z OOO OOO
POLICY PRO• LOC $
AUT OMOBILE LIABILITY CO N N LE LIMIT
Ee accident
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED
AUTOS SCHEDULED
AUTOS BODILY INJURY Per accident
( 1 $
HIRED AUTOS NON-OWNED
AUTOS PROPERTY DAMAGE
per accident $
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UMBRELLALIAB OCCUR EACH OCCURRENCE $
ExCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERSCOMPEN5ATiON WCSTATU- O7H-
AND EMPLOYERS' LIABILITY MITS ER
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ANY PROPRIETOR/PARTNERlEXEGUTIVE
OFFICERfMEMBER EXCLUDED? ~
N 1 A
E.L EACH ACCIDENT
$
(Mandatory in NH)
I E.L DISEASE • EA EMPLOYE $
I yes, describe under
pESGRIPTION OF OPERATIONS below E,L DISEASE -POLICY LIMIT $
DESCRIPTION DF OPERATIONS 1 LOCATIONS /VEHICLES [Attach ACDRD 904, Addllional Remarks Schedule, If more apace Is required)
II11111lII11111111111111111111111111111111111illllll
CITY OF MERIDIAN
33 E BROADWAY AVE
M~RIDIAN ID 83642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE ~ e'e f ~y~
AGUKU [5 IZU10JU5) ~ 1988-2010 ACDRD CORPORATION. All rights reserved.
The ACDRD name and logo are registered marks of ACDRD
AGENCY CUSTOMER ID:
~~~ LOC #:
'`~~RO~ ADDITIONAL REMARKS SCHEDULE Page _ of
AGENCY i
NAMED INSURED
Western_Community Ins Co R ~ J RESTAURANTS LLC DBA
POLICY NUMBER
RICKS PRESS ROOM
8A725001
CARRIER 130 E I DAFlO AVE
NAIL CODE MERIDIAN I D 8 b4z _
EFFECTIVE DATE:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: AFQ419 FORM TITLE: CG 20 1 1 (01 /g6)
CITY OF MERIDIAN
is listed as an additional insured per endarsements
CG 20 1 1 (01 /g6)
ennon ~n~ r~nnQrne~
•----~- ~~ v zuua AcoRD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD