2012-850 Approving Lease Agmt with TV Scoopers for Concessions at Kleiner ParkCITY OF MERIDIAN RESOLUTION NO. 12- ?5C)
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN
AND TV SCOOPERS, LLC DBA MATT'S SNACK SHACK FOR THE CONCESSION BUILDING AT
THE JULIUS M. KLEINER MEMORIAL PARK ON LAND OWNED BY CITY OF MERIDIAN AND
LOCATED AT 1900 N. RECORDS AVENUE, IN THE CITY OF MERIDIAN, ADA COUNTY IDAHO;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID
AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City owns real property located at 1900 N. Records Avenue, Meridian, Ada County,
Idaho, and has constructed a concession building adjacent to the splash pad (the concession building hereinafter
referred to as "Lease Premises"); and,
WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the
City in ways which the judgment of the city council deems to be in the public interest; and,
WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises
to TV Scoopers, LLC serves the public interest as the most efficient method of offering refreshments, swim
diapers, and sports equipment rentals to patrons of the park; and,
WHEREAS, the City Council of the City of Meridian hereby finds that the Lease Premises are not
otherwise needed for City purposes and therefore pursuant to Idaho Code section 50-1407, the mayor and
council hereby resolve and authorize the lease of Lease Premises to TV Scoopers, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO AS FOLLOWS:
Section 1. That the terms of the Lease Agreement attached hereto and incorporated herein between TV
Scoopers, LLC and the City of Meridian are just and equitable, and the same is hereby approved as to both form
and content.
Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and
attest said Lease Agreement for and on behalf of the City of Meridian.
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, 2012.
APPROVED by the Mayor of the City of Mdaho, this V_ day of May, 2012.
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APPROVED: City of AT T:
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Mayor T,afnPiy cue Weerd
RESOLUTION AUTH�IZING LEASE TO BRYAN BURROWS
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PAGE 1 OF 1
LEASE AGREEMENT
CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK
THIS LEASE AGREEMENT (the "Lease") is entered into by and between The City of
Meridian, ("Landlord"), and TV Scoopers LLC, dba Matt's Snack Shack, ("Tenant"), effective the
2'4 day of May, 2012 (the "Effective Date"). In this Lease, Landlord and Tenant may be referred
to individually as a"Party" or collectively as the"Parties" as appropriate under the circumstances.
10 BASIC LEASE PROVISIONS.
The following is a summary only and reference should always be made to the full Lease
provisions and in case of any conflict with the balance of the Lease, the latter shall control.
LANDLORD'S ADDRESS FOR NOTICES,
-
TENANT'S ADDRESS FOR NOTICES:
The City of Meridian
Attention: City Clerk.
33 East Broadway Avenue
Meridian, ID 83642
Malt's Snack Shack
Attn: Matt Groll
2191 W. Anatole St.
Meridian, ID 83646
DESCRIPTION OF PREMISES: Portions of the property commonly known and described as the
Concession Building adjacent to the Splash Pad at Julius M. Kleiner Memorial Park, (the "Building"
and/or "Premises"),
TERM: The term of this Lease shall begin on the first day of operation for the 2012 season (the
"Effective Date") and shall end no later than September 30, 2014.
OCCUPANCY OF THE PREMISES: Tenant shall be deemed to have occupied the Premises for
purposes of commencing the Tenn as of the Effective Date.
RENT COMMENCEMENT DATE: Rent shall commence as of the Effective Date.
SCOPE OF SERVICES: See Attachment A
RENT: See Attachment B.
PERMITTED USE: Tenant may use the Premises for food preparation and food sales, consistent
with the requirements and standards established by applicable federal, state, city and health
department laws, ordinances, regulations and resolutions.
2. AGREEMENT TO LEASE.
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 and agreements in this Lease (Including those set forth in Section 1 and on
Attachment A), Landlord leases to Tenant the Premises, together with and subject to all conditions,
restrictions, obligations, rights, privileges, easements and appurtenances. Landlord shall have
provided Tenant with copies of any easements, and use or restrictive agreements affecting the
Building prior to the Effective Date.
3. TERM.
The Term shall commence on the Effective Date.
4. RENT AND ADDITIONAL PAYMENTS
4.1. Rent.
Beginning with the Effective Date, Tenant shall pay to Landlord at Landlord's address
in Section I of this Lease, Rent according to the Payment Schedule set forth in Attachment B.
4.2 Utilities.
This Lease includes 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.
5. USES
5.1. General Use.
The Premises shall be used only for the uses set forth in Section 1 ("Permitted
Uses") and for no other purpose. Tenant shall not commit or allow to be committed any waste upon
the Premises, or any nuisance or other 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 Premises. Furthermore, on a daily basis, Tenant shall insure that the
area within and immediately adjacent to concession area of the Building is kept clean and free of all
debris and litter caused or created by the concession operation.
5.2. Tenant 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 (the "ADA").
LEASE AGREEMENT
5.3. No Hazardous Substances.
Tenant 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 ("Hazardous Substance") in, on or about the Premises.
5.4. Insurance Risks.
Tenant will 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 Premises.
6. 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 the Premises. "Property of Tenant" shall mean and
include all personal property of Tenant including inventory, equipment, floor, ceiling and wall
coverings, furniture and trade fixtures kept or used on or installed in the Premises and any
improvements to the Premises that are owned by and separately assessed to Tenant.
7. ASSIGNMENT AND SUBLETTING.
Tenant shall not, without first obtaining the Landlord's consent: (a) sell, assign, mortgage, or
transfer this Lease (or any interest therein); (b) sublease all or any portion of the Premises; or (c)
allow the use or occupancy of the 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.
8. SURRENDER OF PREMISES; REMOVAL OF PROPERTY.
Subject to the terms of Section 12, upon expiration of the Term or earlier termination of the
Lease, whether by lapse of time or otherwise (including any holdover period, as described herein in
Section 18), Tenant at its expense shall: (a) remove the Property of Tenant and the personal property
of all persons claiming under Tenant; (b) repair and restore the Premises to a condition as good as
received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted; and
(c) promptly and peacefully surrender the Premises. Any property left on the Premises after the
expiration or termination of the Term shall be deemed to have been abandoned and to have become
the property of Landlord to dispose of as Landlord deems expedient. Tenant shall be liable for all
costs associated with the disposal of such property. Tenant hereby waives all claims for damages
that may be caused by Landlord's reentering and taking possession of the Premises or removing and
storing the Property of Tenant and 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
LEASE AGREEMENT 3
liability resulting from delay by Tenant in so surrendering the Premises, including, without
limitation, any claims made by a succeeding tenant founded on such delay.
9. CONDITION OF PREMISES; ALTERATIONS.
9.1. Condition of Premises.
Landlord has not made any representations or promises whatsoever with respect to the
Premises and Tenant is relying on its own investigation and inspection of the Premises and its own
determination of the suitability of the Premises, physically and legally, for its intended use. The
parties acknowledge the condition of the kitchen equipment owned by the Landlord, as described in
Attachment C. The parties further acknowledge that all of such equipment shall be placed in good
working order by the Effective Date at Landlord's sole expense.
9.2. Alterations.
Tenant shall make no additions, changes, alterations or improvements to the Premises
or 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.
10. SERVICES AND MAINTENANCE.
10.1. Operation and Maintenance.
Tenant agrees to repair and maintain the equipment listed in Attachment C. During
the Term, Landlord shall repair and maintain the structural portions of the Building, including, but
not limited to, the electrical systems, roof, and structural integrity of the Building, 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 bill therefor identifying the costs and expenses thereof.
10.2. Entry and Inspection.
Landlord at all reasonable times (and at any time in case of emergency) may enter the
Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the
Premises or the Building subject to Tenant's reasonable security requirements and reasonable client
confidentiality requirements.
11. 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 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.
LEASE AGREEMENT
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 Premises and Landlord against such claim of
lien, Landlord may (but shall not be required) 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 Premises or any action affecting the Premises
be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party
written notice thereof.
12. EARLY TERMINATION DUE TO DAMAGE OR DESTRUCTION.
In the case of damage to the Premises or Building by fire or other casualty, Tenant shall
immediately notify Landlord. If the Premises or Building are damaged by fire or any other cause to
such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed
10% of the replacement value of the Premises or Building, as the case may be, prior to the
occurrence of the damage, or if insurance proceeds sufficient for full restoration are unavailable for
any reason, then either Party no later than the 90th day following the damage may give the other
Party a notice of that Party's election to terminate this Lease. In the event of such election, this Lease
shall be deemed to terminate on the P day after the giving of such notice, and Tenant shall surrender
possession of the Premises within a reasonable time thereafter. If the cost of restoration as
reasonably estimated by Landlord shall amount to less than 10% of said replacement value of the
Premises or Building, as the case may be, and insurance proceeds sufficient for restoration are
available, or if Landlord does not elect to terminate this Lease under this Section, then Landlord shall
restore the Premises with reasonable promptness, subject to delays beyond Landlord's control, and
Tenant shall have no right to terminate this Lease.
13. INDEMNIFICATION.
13.1. By Tenant.
Tenant agrees to indemnify and hold Landlord and Landlord's employees, and agents
harmless against all actions, claims, demands, costs, damages or expenses of any kind on account
thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or
made against Landlord or which Landlord may incur, by reason of Tenant's negligent or willful act
or omission.
13.2. By Landlord.
Landlord agrees to indemnify and hold Tenant and Tenant's members, directors,
officers, employees, and agents harmless against all actions, claims, demands, costs, damages or
LEASE AGREEMENT 5
expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of
defense, which may be brought or made against Tenant, or which Tenant may pay or incur, by reason
of landlord's negligent or willful act or omission.
14. INSURANCE.
14.1. Comprehensive Liability Insurance.
Tenant shall purchase and maintain 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 Premises, having a combined single limit of not less
than $1,000,000.00 per person and per occurrence and property damage liability insurance with a
limit of not less than $1,000,000 per accident or occurrence. The insurance shall insure against any
and all liability of Tenant with respect to the Premises and any other portions of the Building used or
useable by Tenant. Landlord shall also maintain a Liability Insurance policy to cover the property.
The tenant shall cause the Landlord to be named as an additional insured on the tenant's commercial
general liability insurance policy.
14.2. Personal Property Insurance.
Tenant shall purchase and maintain in force insurance covering all of Tenant's and
Landlords furniture and fixtures, machinery, equipment, inventory, and other personal property
owned and used in Tenant's business and found in, on, or about the Premises or the Building, and
any leasehold improvements to the Premises, if any, in an amount not less than 100% of the full
replacement cost. All policy proceeds will be used for the repair or replacement of the property
damaged or destroyed regardless of the causes of such damage; however, if this Lease ceases under
the provisions of Section 12, Tenant will be entitled to any proceeds resulting from damage to
Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property.
The tenant shall cause the Landlord to be named as an additional insured on the tenant's personal
property insurance policy.
14.3. Casualty Insurance.
Landlord shall maintain insurance on the Building (excluding any fixtures and items
which Tenant is entitled to utilize or required to remove, which insurance Tenant shall provide)
against damage by fire and the perils now specified in the most current standard extended coverage
endorsement in an amount equal to the replacement cost of the Building as reasonably determined by
Landlord, exclusive of the cost of excavations, foundations, and footings. 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.
14.4. 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
LEASE AGREEMENT 6
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.
145. Failure of Tenant to Insure.
In the event the Tenant shall fail to purchase and keep in force any of the insurance
required of the Tenant in Section 14, the Landlord has the right to terminate the lease. The 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.
15. SIGNS.
Tenant shall be permitted to place temporary signage on or about the Building subject to
Landlord's approval. The tenant shall initiate, obtain approval and comply with all applicable codes.
All signs placed by Tenant permitted under this Section shall be at Tenant's sole cost and expense
and shall be constructed, designed and located in accordance with all laws, rules, regulations and
ordinances of any and all governmental authorities having jurisdiction over such signs. Upon
termination of this Lease, Tenant shall remove all of Tenant's signs and sign fascia at Tenant's sole
cost and expense and repair any resulting damage to the Premises and the Building in a good and
workmanlike manner.
16. CONDEMNATION.
16.1. Entire Taking.
If all of the Premises or the Building or such portions of the Building as may be
required for the reasonable use of the Premises, are taken by eminent domain or conveyance in lieu
thereof (a "Taking"), this Lease shall automatically terminate as of the date title vests in the
condemning authority and all Rent shall be pro rated to that date. A sale by Landlord under a threat
of condemnation or while condemnation proceedings are pending shall be deemed a Taking.
16.2. Partial Taking.
In the event of a Taking of a part of the Building, and if landlord determines that the
Building should be restored in such a way as to alter the Premises so as to reduce the floor area of the
Premises by more than 15% of such floor area immediately prior to the Taking, either Party may
terminate this Lease by notifying the other Party of such termination within sixty (60) days following
the date of such Taking. Upon notification, this Lease shall terminate on the date specified in the
notice, but no sooner than thirty (30) days from the date of such notice, and the Rent hereunder shall
be pro rated as of such date. Subject to the foregoing provisions of this Section 16.2, in case of a
Taking of a portion of the Building not required for the reasonable use of the Premises, then this
Lease shall continue in full force and effect and there shall be no abatement of Rent.
LEASE AGREEMENT 7
16.3. Awards and Damages.
Landlord reserves all rights to damages to the Premises and the Building for any
Taking and Tenant shall make no claim against Landlord or the condemning authority for damages
for termination of the leasehold interest. Tenant shall have the right however, to claim and recover
from the condemning authority compensation for any loss to which Tenant may be entitled for
Tenant's moving expenses, business interruption or Taking of Property of Tenant (not including
Tenant's leasehold interest), to the extent that such loss is awarded separately in the eminent domain
proceeding and not out of or as part of the damages recoverable by Landlord.
17. DEFAULT; REMEDIES.
17.1. Events of Default.
The occurrence of any of the following events shall constitute a material default and
breach of this Lease ("Event of Default") by Tenant:
17.1.1. Tenant fails to pay any installment of Rent within ten (10) days
following its due date without the requirement of written notice or demand;
17.1.2. Tenant fails to pay any other sum payable under this Lease within ten
(10) days after written demand therefor is delivered to Tenant;
17.1.3. The default by Tenant in the performance of any of Tenant's
covenants, agreements or obligations hereunder (excluding a default in the payment of Rent or other
monies due) which continues for thirty (30) days after written notice thereof is delivered to Tenant by
Landlord; provided if the alleged default cannot be cured within a thirty (30) day period, then Tenant
will not be deemed to be in default if Tenant commences to cure the Event of Default within the
thirty (30) day period and proceeds diligently to complete such cure;
17.1.4. A general assignment by Tenant for the benefit of creditors;
17.1.5. The filing of a voluntary petition in bankruptcy, the filing for an
arrangement, or the filing of a voluntary or involuntary petition for reorganization or the filing of an
involuntary petition by Tenant's creditors which remains undischarged for a period of sixty (60)
days; or
17.1.6. Tenant is the subject of a receivership, attachment or other judicial
seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure
remaining undismissed or undischarged for a period of sixty (60) days after the levy thereon or
17.1.7. Tenant fails to obtain and maintain the insurance described in Section
14.
17.1.8. If Landlord determines that a life and/or safety situation exists due to
the Tenant's acts and/or omissions excluding a default in the payment of rent or other monies due to
the Landlord.
LEASE AGREEMENT
17.2. Landlord's Remedies.
In the event of an Event of Default by Tenant, Landlord shall have all rights and
remedies available at law or in equity. 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. In the event of a material default, Landlord's remedies shall include, but not be limited to
the following:
17.2.1. Terminate this Lease by written notice on the earliest date permitted by
law or on any later date specified in such notice, in which case Tenant's right to possession of the
Premises will cease and this Lease will be terminated, except as to Tenant's liability;
17.2.2. Without further demand or notice, reenter and take possession of the
Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove
the effects of both or either, without being liable for prosecution, damage or otherwise and without
being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of
Rent or other amounts payable under this Lease or as a result of any preceding Event of Default;
17.2.3. Without further demand or notice, cure any Event of Default, and
charge Tenant as additional rent the cost of effecting such cure, including without limitation
reasonable attorneys' fees and interest on the amount so advanced at 10% per annum;
17.2.4. Without further demand or notice, accelerate the payment of all Rent
and other monetary sums payable by Tenant for the balance of the Term and upon any such election
such sums shall be immediately due and payable in full.
Should Landlord elect to reenter as provided in Section 17.2.2 or should Landlord
take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord
may, from time to time, without terminating this Lease, relet the Premises or any part of the Premises
in Landlord's or Tenant's name, but for the account of Tenant, on commercially reasonable terms and
conditions as Landlord, in its reasonable discretion may so choose. Landlord will in no way be
responsible or liable for any failure to relet the Premises, or any part of the Premises, or for any
failure to collect any rent due upon such reletting. No such reentry or taking possession of the
Premises by Landlord will be construed as an election on Landlord's part to terminate this Lease
unless a written notice of such intention is given to Tenant. No written notice from Landlord under
this Section or under a forcible or unlawful entry and detainer statute or similar law will constitute an
election by Landlord to terminate this Lease unless such notice specifically so states. Landlord
reserves the right following any such reentry or reletting to exercise its right to terminate this Lease
by giving Tenant such written notice, in which event this Lease will terminate as specified in such
notice.
If Tenant should abandon, vacate or surrender the Premises or be dispossessed by
process of law, any personal property left upon the Premises may be deemed abandoned, or, at the
option of Landlord, on such reentry Landlord may take possession of any and all furniture, fixtures or
chattels in or on the Premises and sell the same or dispose of at tenant's expense.
LEASE AGREEMENT 9
17.3. Landlord's Default.
The occurrence of any of the following events shall constitute an event of default by
Landlord:
17.3.1. The default by Landlord in the performance of any of Landlord's
covenants, agreements or obligations under the Lease which continues for thirty (30) days after
written notice thereof is delivered to Landlord by Tenant; provided if the alleged default cannot be
cured within a thirty (30) day period, then Landlord will not be deemed to be in default if Landlord
commences to cure the event of default within the thirty (30) day period and proceeds diligently to
complete such cure.
18. NO HOLDING OVER.
Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up
possession to Landlord. If Tenant remains in possession of all or any part of the Premises after the
expiration of the Term, with or without the express or implied consent of Landlord, such tenancy
shall be from month to month only, and not a renewal hereof or an extension for any further term,
and in such case Rent and all other monetary sums due hereunder, shall be payable in the amount and
at the time specified in this Lease and such month to month tenancy shall be subject to every other
term, covenant and agreement contained herein. Landlord expressly reserves the right to require
Tenant to surrender possession of the Premises upon the expiration of the Term of this Lease or upon
the earlier termination thereof, the right to re-enter the Premises, and the right to assert any remedy at
law or in equity to evict Tenant and collect damages in connection with any such holding over.
19. PARKING.
Tenant, its agents, employees, guests and invitees, shall have the non-exclusive right to use
the parking areas owned or controlled by Landlord.
20. GENERAL PROVISIONS.
20.1. Notices.
All notices under this Lease shall be in writing and delivered in person or sent by
registered or certified mail, return receipt requested, postage prepaid, or sent by facsimile or
overnight courier (i.e. Federal Express) to Landlord and to Tenant at the addresses set forth in
Section 1, or to such other addresses as may from time to time be designated by any such Party in
writing. Notices mailed as aforesaid shall be deemed given 3 days after the date of such mailing or
upon the date of receipt if delivery is made in person or via overnight courier. Notices given by
facsimile shall be deemed given when confirmed by telephone.
20.2. Costs and Attorneys' Fees.
In the event of any controversy, claim or action being filed or instituted between the
Parties to enforce the terms and conditions of this Lease, or arising from the breach of any provision
hereof, the prevailing Party will be entitled to receive from the other Party all costs, damages, and
expenses, including reasonable attorneys' fees including fees on appeal and for bankruptcy
LEASE AGREEMENT 10
proceedings, incurred by the prevailing Party, whether or not such controversy or claim is litigated or
prosecuted to judgment. The prevailing Party will be that Party who was awarded judgment as a
result of trial or arbitration, or who receives a payment of money from the other Party in settlement
of claims asserted by that Party.
20.3. 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.
20.4. Estoppel Certificate.
Landlord or Tenant shall at any time upon not less than ten (10) days prior written
notice from the respective Landlord or Tenant execute, acknowledge and deliver to Landlord or
Tenant as necessary a statement in writing (i) certifying that this Lease is unmodified and in full
force and effect (or, if modified, stating the nature of such modification and certifying that this
Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are
paid in advance, if any, and (ii) acknowledging that there are not, to Landlord or Tenant's respective
knowledge, any uncured defaults on the part of Landlord or Tenant hereunder, or specifying such
defaults if they are claimed. Any such statement may be conclusively relied upon by any prospective
purchaser or encumbrance of the Premises or the Building.
Tenant's failure to deliver such statement within such time shall be conclusive upon
Tenant (i) that this Lease is in full force and effect, without modification except as may be
represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance.
20.5. Nonwaiver.
Waiver by Landlord of any term, covenant or condition herein contained or any
breach thereof shall not be deemed to be a waiver of such term, covenant, or condition or of any
subsequent breach of the same or any other term, covenant or condition herein contained. The
subsequent acceptance of any Rent hereunder 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.
20.6. Warranties of Tenant.
Tenant warrants and represents to Landlord, for the express benefit of Landlord, that
(a) Tenant has undertaken a complete and independent evaluation of the risks inherent in the
execution of this Lease and the operation of the 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: (b) no oral or written inducement(s) to execute this Lease have been made
to Tenant; (c) 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; and (d) any statement, fact, promise or representation not expressly contained herein shall in
LEASE AGREEMENT 11
no way bind Landlord, and Tenant hereby waives any right, rescission and all claims for damages by
reason of any statement, fact, promise, representation, if any, not contained in this Lease. On the
basis of the foregoing warranties and representations of Tenant, Landlord is willing to enter into this
Lease. In the event any of such warranties or representations of Tenant herein contained shall be
inaccurate or untrue Landlord may, in addition to all other rights of Landlord at law or equity,
terminate the Lease at any time thereafter upon written notice to Tenant.
20.7. Nondiscrimination and Nonsegregation.
Each Party covenants by and for itself and its heirs, executors, administrators and
assigns, and all persons claiming under or through such Party that this Lease is made and accepted
upon and subject to the following conditions:
That there shall be no discrimination against or segregation of 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, nor shall
any person claiming under or through that Party, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendors in the Premises.
20.8. Miscellaneous.
Titles or captions to sections of this Lease are not a part of this Lease and shall have
no effect upon the construction or interpretation of any part hereof. All Attachments to this Lease
are incorporated into, and become a part of, the Lease upon attachment thereto. Subject to the
restrictions on assignment incorporated in Section 7, all of the covenants, agreements, terms and
conditions contained in this Lease shall inure to and be binding upon Landlord and Tenant and their
respective heirs, executors, administrators, successors and permitted assigns. This Lease contains all
covenants and agreements between Landlord and Tenant relating in any manner to the leasing, use
and occupancy of the Premises and Tenant's use of the Building and other matters set forth in this
Lease. No prior agreements or understandings pertaining to the same shall be valid or of any force or
effect and the covenants and agreements of this Lease shall not be altered, modified or added to
except in writing signed by Landlord and Tenant. Any provision of this Lease that shall prove to be
invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and the
remaining provisions hereof shall remain in full force and effect. Time periods for performance
under any provisions of this Lease shall be extended for periods of time during which performance is
prevented due to circumstances beyond either Party's control, except for Tenant's obligations to pay
Rent hereunder, including, without limitation, strikes, embargoes, shortages of labor or materials,
governmental regulations, acts of God, war or other strife. This Lease shall be governed by and
construed in accordance with the laws of the State of Idaho. Time is of the essence of this Lease.
This Lease may be executed in two or more counterparts, each of which shall constitute an original
and all of which shall be one and the same agreement. The word "day" means "calendar day" herein
unless otherwise expressly stated and the computation of time shall include all Saturdays, Sundays
and holidays for purposes of determining time periods specified herein.
LEASE AGREEMENT 12
20.9 Broker
Each Party represents and warrants to the other Party ("Non -breaching Party") that it
has not engaged any broker, finder or other person (except as disclosed in this Section) who would
be entitled to any commission or fees in respect to the negotiation, execution or delivery of this
Lease and each Party shall indemnify and hold the Non -breaching Party harmless from and against
any loss, cost, liability or expense incurred by the Non -breaching Party as a result of any claim
asserted by any such broker, finder or other person based on any arrangements or agreements made
or alleged to have been made by or on behalf of the Party.
IN WITNESS WHEREOF, the Landlord and the Tenant have entered into this Lease
effective as of the Effective Date hereof.
LANDLORD: THE CITY OF MERIDIAN
By
Tammy aeerd, Mayor
ATTEST.:
Jaycee Holman, City Clerk
TENANT: TV Scoopers, dba
Matt's Snack Shack
By
Matt Groll
LEASE AGREEMENT 13
Attachment A
SCOPE OF SERVICES
A. Regular Weekday and Weekend Concession Building Services (Julius M. Kleiner
Memorial Park):
1. Minimum dates of operation each year during the term of this agreement shall
coincide with the dates of operation for the splash pad at Julius M. Kleiner
Memorial Park. As opening and closing dates of the splash pad may vary
based on weather, Landlord will communicate to Tenant the planned opening
and closed dates each year. Typical season dates are from the Friday before
Memorial Day until the middle of September.
2. Minimum times of operation are 11:OOam-7:OOpm, Monday through Sunday
during days when the splash pad is open.
3. Additional dates and/or times of operation may be requested by Landlord
based on activities scheduled at the park.
3. Tenant may choose to stay open during dates and times that exceed the
minimums listed above. Tenant is required to seek approval of the
Recreation Coordinator for operating hours and maintain a consistent
schedule throughout the season. The park opens at sunrise and closes at
sunset unless otherwise ordered or allowed by the Parks and Recreation
Director in writing.
4. Exceptions to the minimum dates and hours of operation may be allowed in
the event of adverse weather or other prohibitive conditions.
B. Additional Concession Building Requirements.
1. Tenant is required to have swim diapers available for sale at all times during
open hours. Swim diapers must be sold for $1 each.
2. Tenant is required to have at least 2 bocce ball sets, one volleyball, and 2
basketballs available for rent at all times during open hours.
3. Tenant must have or obtain all necessary Central District Health Department
permit.
4. Tenant must provide a copy of their current liability insurance policy with the
City of Meridian named as additionally insured.
5. Tenant must provide fingerprints and undergo a criminal background check.
6. If employing one or more persons to work in the concessions building,
Tenant must provide worker's compensation insurance and require all
employees to undergo a criminal background check.
LEASE AGREEMENT 14
Attachment B
PAYMENTSCHEDULE
A. Fees for the above listed concession building services shall be paid to the City, upon
verification of sales, on a monthly basis no later than the 10`" of the following month.
Copies of daily cash register receipts must be submitted weekly and will be used to verify
monthly totals.
B. 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.
TASK
DESCRIPTION
AMOUNT
A.
Regular Weekday and Weekend Concession Building Services
30% of gross sales
LEASE AGREEMENT 15
Attachment C
LIST OF LANDLORD'S FIXTURES
1. Three compartment sink
2. Handwashing Sink
3. Mop Sink
LEASE AGREEMENT 16