Lease Agreement with Joys Boys for Concessions at Kleiner ParkLEASE AGREEMENT for
CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK
This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT JULIUS M.
KLEINER MEMORIAL PARK ("Lease") is entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the state of Idaho, whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 ("Landlord"), and Joys Boys LLC, a limited liability
company organized under the laws of the state of Idaho, whose address is 734 Wickham Fen
Way, Boise, Idaho ("Tenant"), effective the day of , 2015. In this Lease,
Landlord and Tenant may be referred to individually as a "Party" or collectively as "Parties."
WHEREAS, Landlord owns Julius M. Kleiner Memorial Park Park, located at 1900 N.
Records Avenue, in Meridian, Idaho, 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 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.
JULIUS M. KLEINFR MEMORIAL PARD CONCESSION BUILDING LEASE AGREEMENT Page 1 of 17
III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises,
Tenant shall provide the services enumerated in "Scope of Work" of the Request for
Proposals, attached hereto as ExhibitA, under sections C (Dates/Times of Service) and E
(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 1, 2015 ("Effective Date"),
through 11:59 p.m. on September 30, 2017, 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. Responsibilities 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. Rent. 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. Criminal background check. Tenant, and each and all of Tenant's employees working
at the Lease Premises or any person present within the Lease Premises pursuant to
Tenant's invitation or consent, shall first undergo a criminal background check by
submitting to Landlord, on the form provided by Landlord, name, social security number,
date of birth, address, and driver's license number, and cash or check made out to City of
Meridian in the amount of twenty dollars ($20.00), except that City will pay for Tenant's
background check. Tenant shall not allow any employee or person to be present within
the Lease Premises whose criminal history includes any felony or misdemeanor
conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft,
fraud, or moral turpitude.
C. Personal property taxes. If applicable, Tenant shall pay, prior to delinquency, all
personal property taxes payable with respect to all 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 ("Property of
Tenant").
D. 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
JULIUs M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 2 of 17
3. Promptly and peacefully surrender the Lease Premises and yield up possession to
Landlord.
Any Property of Tenant 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 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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").
JULIus M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 3 or 17
J. No Hazardous 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.
K. 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.
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.
L. 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.
A 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
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 4 of 17
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.
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. All 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.
4. 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.
5. Insurance Risks. 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.
VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for
each and all of the following.
JULIUs M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 5 of 17
A. Repair 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
Landlord the reasonable cost of such maintenance or repairs within ten (10) days of
Tenant's receipt of Landlord's itemized bill therefor.
B. Equipment. 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: Joys Boys LLC
Attn: Roger Patterson
734 Wickham Fen Way
Boise, Idaho 83709
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.
C. Early termination due to damage or destruction. In the case of damage to the Lease
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 6 of 17
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.
D. Default 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 by law 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.
E. No 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.
F. No 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 by law or
conveyed by City Council.
G. Mediation. 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 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.
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 7 of 17
H. 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.
I. 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.
L 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.
K. 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:
OYS LLC
o r Patterson
LANDLORD:
CITY OF ATTEST:
e L)Avc;:
BY: r r„ W
Tammy d� eerd, Mayor, C L,q.A`Tj':T�; e H l
SEAL
City Clerk
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 8 of 17
EXHIBIT A
REQUEST FOR PROPOSALS
Meridian Paries and Recreation Department
2015 Julius M. Kleiner Memorial Park Concessions Building
Request for Proposals
Scone 217 Work
Meridian Parks and Recreation is seeking proposals for vendors to provide seasonal concessions
services in the Julius M. Kleiner Memorial Park concessions building. To be considered, complete
proposals must be submittal to the Meridian larks and Recreation Department office by 5:001)rn on
Thursday, February 121", Proposals may be mailed, faxed, or submitted in person. For any
questions, contact Colin Moss at the Meridian parks and Recreation Department.
Meridian Parks and recreation Department
33 E. Broadway Ave. Suite 206
Meridian, 1D 83642
Phone: 888-3579
Fax: 898-5501
E -Mail: cmoss@meridiancity.org
Pre -proposal On -Site Conference: Thursday, February 5"' al 10:00am
MANDATORY ( ]YES Meet at the Concessions Building
[ XJ NO See Map on Attachment A
A. Evaluation Criteria. Proposals received will be evaluated utilizing the following criteria and
point values: Product menu and proposed prices (15); proposed Rase payment (25); references and
experience in similar operations (50); additional information (10). Proposals containing false
information will not be considered. Potential vendors whose criminal history includes any felony or
misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes,
tbeft, fraud, or moral turpitude will not be considered.
B. Julius M. Kleiner Memorial Park Concessions Building, Julius M. Kleiner Memorial Park is a
60 acre park located at 1900 N. Records Ave. near the NE corner of Eagle Road and Fairview Ave. It
is right next door to The Village at Meridian shopping complex which leads to a significant amount of
crossover foot -traffic. Amenities at the park include the Meridian Senior Center, Rock of Honor
Memorial, two large ponds that are stocked for fishing, 5 reservable picnic shelters, playground, splash
pad, sand volleyball court, bocce ball courts, basketball courts, bandshell and amphitheater, arboretum,
and several walking paths. The park is also host to a variety of special events throughout the year
including Gene Kleiner Day, Meridian Community Block Party, Treasure Valley Ford and Mustang
Club Car Show, and the Meridian Kiwanis Wing -Off among many others. Event organizers are
permitted to bring their own food vendors as part of their events. Those vendors, however, are not
permitted to offer snow cones or similar products during times when the concessions stand is open in
an effort to protect what's typically the best-selling product at the concessions stand.
The concessions building is located on the west side of the park in the active recreation complex which
includes the playground, splash pad, 2 picnic shelters, sand volleyball and bocce ball, The interior of
the concessions building is 16'A' x 22 W. Equipment included in the concessions building that will be
Page 1 of b
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 17
available for use by the successful vendor include a three compartment sink, hand washing sink, and
mop sink. All other food preparation and storage equipment will need to be provided by the successful
vendor.
C, Planned Improvements to Concessions Building. The fact that the main serving window for tilt
concessions building faces west has posed a problem with heat in the afternoons and evenings. The
Meridian Parks and Recreation Department has plans to construct a pergola on the front of the buildin
this spring to shade the west serving window. Construction is planned to be complete before May 23 ,
20I5. Please see Attachment 8 for a sketch of the pergola design. More specific details will be
addressed at the pre -proposal on-site conference on Thursday, February 5' at 10:00am.
C. Dates/Times of Service. Minimum dates of operation are Monday through Sunday, May 23'd,
2015 through August 30'6, 2015 plus weekends (Sa(urdays, Sundays, and Nlonday of Labor Day)
through September 20. Minimum times of operation are 11:00am-7:00prn on all open days.
Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based
on activities scheduled at the park. Vendor may choose to be open during dates and times that exceed
these minimums, However, hours must stay consistent through the summer. Exceptions to the
minimum dates and hours of operation may be allowed in the event of adverse weather or other
prohibitive Conditions.
D. Additional Requirements, Upon selection, the successful Vendor [trust:
• Have or obtain all necessary Central District Health Department permits.
• Provide a credit report (or authorize the City of Meridian to obtain a credit report) and/or a
2013 tax return.
• Provide a copy of vendor's current liability insurance policy with the City of Meridian named
as additionally insured.
• Negotiate and enter into a separate, detailed lease agreement with the City of Meridian
establishing terms and conditions of operation in Julius M. Kleiner Memorial Park, This lease
agreement will be for a term of 3 years unless otherwise negotiated between the successful
vendor and the City of Meridian.
• Provide fingerprints and undergo a criminal background check. The cost of the successful
Vendor's background check will be paid for by the City of Meridian.
• If employing one or more persons to work in the concession building, provide worker's
compensation insurance and require all employees to undergo a criminal background check.
Vendor shall not employ any person to work in the concession building whose criminal history
includes any felony or misdemeanor conviction for a crime involving or related to violence,
drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees'
background checks will be paid for by the successful Vendor. The current cost of a
background check is $34.
Page Z ofd
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 10 of 17
Vengor Information
Vendor
Vendor SSN: 4 75a=�aQl /State of Idahho Resale Number M n
Business Name:dDU?'l l [ `l vcL U
Address:__ IC)
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City; _ State Zip:
Home Phone; Work Phone: �� Cell Phone;.
Fax"
Vendor Proposal
Please answer the following questions with as much detail as possible. Attach additional pages if
needed.
1. Please listt e products ou propose to offer for sale as well as the proposed prices,
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2. State your proposed lease payment to operate the concession stand at Julius M. Kleiner
Memorial Park as described above. Please list as a percentage of gross sales.
3. Please describe your experience in managing comparable operations.
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JULtus M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 11 of 17
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d. Please list three (3) references who can attest to your quality of product and service.
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5. Please disclose any and all criminal convictions, including withheld judgments, for felonies or
misdemeanors involving or related to violence, drugs or o1vuhul, sea chairs, Chert, fraud, ur
moral turnitude_
b. Pleasc include any additional information you %yould like to be considered in the RFP awarding
process.
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JULtus M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 15 of 17
EXHIBIT B
PAY SCHEDULE
A. Amount. Tenant pay Rent to the Landlord in the following amounts:
1. Eight percent (8%) of gross sales.
B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (10th) of each
month for sales taking place in the previous 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.
7ULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 16 of 17
EXHIBIT C
LIST OF LANDLORD'S FIXTURES
1. Three compartment sink
2. Handwashing sink
3. Mop sink
4. Water heater
JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 17 of 17