Park Facility Use License Agreement with Meridian Police Activities League for use of Park ConcessionsEIDIAN�IDAHO
PARKS AND RECREATION DEPARTMENT
PARK FACILI'T'Y USE LICENSE AGREEMENT
THIS AGREEMENT made and entered into this 3 day of March, 2008 (hereinafter
"Effective Date"), by and between the City of Meridian, a municipal corporation of the State of
Idaho (hereinafter referred to as "LICENSOR") and the MERIDIAN POLICE ACTIVITIES
LEAGUE (hereinafter referred to as "LICENSEE") for the purpose of operating food concessions
sales in the concession building in Settlers Park, located at 3401 N. Meridian Road, Meridian,
Idaho (hereinafter "Park Concession Building").
WITNESSETH: For and in the consideration of mutual covenants herein contained, the
parties hereby agree as follows:
1. The LICENSOR hereby agrees: To permit LICENSEE to utilize the Park Concession
Building to sell concessions to park users, in accordance with the terms and conditions set
forth herein.
2. Term. of Agreement: The term of this agreement shall be March 8, 2008 to April 26, 2008.
Beginning and ending dates shall be inclusive, unless sooner terminated as herein provided.
3. Time of Use: LICENSEE shall have access to the Park Concession Building only on
Saturdays between and including March 8, 2008 and April 26, 2008, except for March 29,
2008, from 6:00 am. to 6:00 p.m. LICENSEE shall not gain access to the Park Concession
Building at any other time. The violation of or failure to comply with this provision shall
constitute a breach of this Agreement, and may subject LICENSEE to additional civil and
criminal penalties.
4. Compensation:
a. Rental fee: For the use of the Park Concession Building pursuant to the terms and
conditions set forth herein, LICENSEE shall pay to the LICENSOR a rental fee in the
amount of $175.00. LICENSEE shall provide such payment in hill by 5:00 p.m. on
March 7, 2008.
b. Damages: Additional charges may apply if LICENSEE's use of the Park Concession
Building requires services to, repairs upon, or replacement of the Park Concession
Building and/or other City property. All damage costs will be billed to LICENSEE.
PARKS FACILrrY USE LICENSE AGREEMENT - PAGE 1 of 8
5. LICENSEE further agrees:
a. Facility Regulations. LICENSEE shall comply with each and every term set
forth in the Facility Regulations, attached hereto as Exhibit A. The terms set forth
in the Facility Regulations are material to this Agreement. The violation of or
failure to comply with any term set forth in the Facility Regulations shall
constitute a breach of this Agreement.
b. Keys. Upon LICENSEE's payment in full of the rental fee as set forth herein,
LICENSOR shall issue to LICENSEE one (1) key to the Park Concession
Building and one (1) key to the roll -up service doors in the Park Concession
Building. LICENSEE shall neither duplicate these keys nor cause or allow these
keys to be duplicated. LICENSEE shall provide to LICENSOR the name and
telephone number(s) of the person that shall be responsible for these keys.
LICENSEE shall return such keys to LICENSOR by 5:00 p.m. on April 28, 2008.
Should such keys not be returned by this time, LICENSOR may change the locks
and bill LICENSEE for the costs thereof.
Service to public. In the course of its use of the Park Concession Building,
LICENSEE shall not restrict sales of concessions to its members, employees,
agents, contractors, officials, officers, servants, guests, invitees, and/or volunteers,
but shall allow the purchase of concessions by all park users and members of the
public. In the course of its use of the Park Concession Building, LICENSEE shall
not discount concessions sold to its own members, employees, agents, contractors,
officials, officers, servants, guests, invitees, and/or volunteers, but shall provide a
unified concessions pricing schedule for all patrons.
6. Indemnification: LICENSEE and each and all of its members, employees, agents,
contractors, officials, officers, servants, guests, invitees, and/or volunteers, shall indemnify
and save and hold harmless City from and for any and all losses, claims, actions, judgments
for damages, or injury to persons or property and losses and expenses caused or incurred by
LICENSEE or its members, employees, agents, contractors, officials, officers, servants,
guests, invitees, and/or volunteers, at or in its use of the Park concession building or any lack
of maintenance or repair thereon and not caused by or arising out of the tortious conduct of
City.
7. No warranty: LICENSOR makes no warranty or promise as to the condition, safety,
usefulness, or habitability of the Park Concession Building; LICENSEE accepts the Park
Concession Building for use as is, both at the Effective Date of this Agreement and for each
use subsequent thereto.
8. Insurance: LICENSEE shall maintain, and specifically agrees that it will maintain,
PARKS FACILITY USE LICENSE AGREEMENT - PAGE 2 OF 8
throughout the term of this Agreement, comprehensive general liability insurance in which
LICENSOR shall be named insured in the minimum amount as specified in the Idaho Tort
Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, i.e., $500,000.00. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and save and hold
harmless LICENSOR; and if LICENSOR becomes liable for an amount in excess of the
insurance limits herein provided due to the actions or omissions of LICENSEE or its
members, employees, agents, contractors, officials, officers, servants, guests, invitees, and/or
volunteers, LICENSEE covenants and agrees to indemnify and save and hold harmless
LICENSOR from and for all such losses, claims, actions, or judgments for damages or
liability to persons or property. LICENSEE shall provide LICENSOR with a Certificate of
Insurance or other proof of insurance evidencing LICENSEE's compliance with the
requirements of this paragraph. Evidence of all insurance shall be submitted to the City
Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642. In the event the insurance minimums
of the Idaho Tort Claims Act are changed, LICENSEE shall immediately submit proof of
compliance with the changed limits.
9. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSEE
shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights
under this Agreement except upon the prior express written consent of LICENSOR.
10. Compliance with Laws: In performing the scope of services required hereunder, LICENSEE
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments, including, but not limited to, Meridian City Code and Codes adopted
thereunder, regulations of the Central District Health Department, and the Idaho Food Code.
11. Idaho Food Safety & Sanitation Certification: LICENSEE agrees that at least one (1)
representative of LICENSEE who has obtained the Idaho Food Safety & Sanitation
Certification from the Central District Health Department (hereinafter "Certified
Representative") shall be present in the Park Concession Building at all times during which
LICENSEE is using and/or occupying the Park Concession Building. The Certified
Representative shall be responsible for ensuring that all food sold and/or served from the
Park Concession Building is prepared and handled in accordance with all applicable laws,
regulations, and food safety principles. The Certified Representative's Idaho Food Safety &
Sanitation Certificate shall be available for inspection by LICENSOR upon request at all
times during which LICENSEE is using and/or occupying the Park Concession Building.
Upon LICENSEE's failure to immediately produce such Certificate upon request by
LICENSOR, LICENSEE shall discontinue operations and shall vacate the Park Concession
Building. Additionally, such failure shall constitute a breach of this Agreement.
12. Fire Inspection: Prior to use of the Park Concession Building as set forth herein, LICENSEE
shall obtain an inspection by the Meridian Fire Department for compliance with all applicable
provisions of the International Fire Code as adopted and amended by the Meridian City Code.
PARKS FACILrrY USE LICENSE AGREEMENT - PAGE 3 OF 8
13. Discrimination Prohibited: LICENSEE, in the operation and use of the license herein
granted, will neither discriminate nor permit discrimination against any person or group of
persons in any manner on the grounds of race, color, sex, religion, national origin or ancestry,
age or physical handicap. Non-compliance with this provision shall constitute a breach of
this Agreement, and in the event of non-compliance, LICENSOR shall terminate this
Agreement.
14. Reports and Information: At such times and in such. forms as the LICENSOR may require,
LICENSEE shall furnish to the LICENSOR such documents, statements, records, reports,
data, certification, and information as LICENSOR may request pertaining to matters covered
by this Agreement.
15. Contract Limitations: This Agreement shall apply to and be binding between LICENSOR
and LICENSEE only as to LICENSEE's activities related to the use of the Park Concession
Building as approved by LICENSOR.
16. Effective Date: The Effective Date of this Agreement shall be as set forth above. The parties
hereto acknowledge and agree that time is of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of, and a default under, this Agreement by the party so
failing to perform.
17. Modification: There may be no modification of this Agreement, except in writing, executed
with the same formalities as this instrument.
18. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed as follows:
City of Meridian
Attn: Parks and Recreation Director
33 E. idatio Avenue
Meridian, Idaho 83642
Meridian Police Activities League
Attn: Commissioner
250 N. Baltic Place, Suite A
Meridian, Idaho 83642.
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
19. Grounds for termination. Grounds for termination of this Agreement shall include, but
PARKS FACILITY USE LICENSE AGREEMENT - PAGE 4 of 8
shall not be limited to:
a. An act or omission by either party which breaches any term of this Agreement.
b. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party.
c. A change in circumstances that renders the performance by either party a detriment to the
public health, safety, or welfare.
20. Default and Breach: If LICENSEE is in default or breach of any of the terms and conditions
of this Agreement, or violates any applicable law, ordinance, rule or regulation, then this
Agreement shall be deemed terminated and forfeited without notice or demand, LICENSEE
shall be found in default or breach, and all rights of LICENSEE hereunder shall be
terminated. Upon default, breach, and/or termination, LICENSEE shall be liable to
LICENSOR for all damages and costs, including legal expenses and attorneys fees suffered or
incurred by LICENSOR in the enforcement of any of the terms or conditions of the
AGREEMENT. This provision shall be deemed to be a separate contract between the parties
and shall survive any default, termination or forfeiture of this Agreement.
21. Termination by Mutual Agreement: This Agreement may be terminated at any time upon
the mutual written agreement of the parties.
22. 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.
23. Independent Licensee: LICENSEE is and shall at all times be considered an independent
licensee and is in no way an employee or independent contractor of the City of Meridian. The
selection and designation of the personnel and resources to be employed by LICENSOR in
the performance of its obligations under this Agreement shall be made by LICENSOR.
24. 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.
25. Entire Agreement: This instrument embodies the whole Agreement of the parties. There are
no promises, terms, conditions, or obligations other than those contained herein, and this
contract shall supersede all previous communications, representations, or agreements either
oral or written, between the parties hereto.
26. Non -waiver: The 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
PARKS FACILITY USE LICENSE AGREEMENT - PAGE 5 of 8
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.
27. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
28. Approval Required: This Agreement shall not become effective or binding until approved
by CITY.
IN WITNESS WHEREOF, the parties hereto have subscribed their names, the day and -year
first above written.
LICENSEE
By: Torn Ro , Commissioner
Meridian Police Activities League
CITY OF MERIDIAN
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OF ''Ygmmy a eerd, Mayor
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Attest: �o
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Jaycee HMman, City Clerk
PARKS FACILITY USE LICENSE AGREEMENT - PAGE 6 of 8
EXHIBIT A
FACILITY REGULATIONS
SETTLERS PARK CONCESSION BUILDING
1. As to each and every use of the Park Concession Building by LICENSEE, LICENSEE
shall adhere to each and all of the following regulations:
a. LICENSEE shall not use the popcorn popper.
b. LICENSEE shall not pour carbonated or other acidic liquids down the sink drain
without immediately running water into the drain for at least thirty (30) seconds.
c. LICENSEE shall not allow cooking grease or charcoal to be dumped down any
drain at the Park Concession Building any drain at Park. Before disposing of
cooking grease or charcoal in the garbage, LICENSEE shall place it in a separate
container rather than placing it directly into the garbage.
d. LICENSEE shall not sell any alcohol or tobacco products.
2. At the conclusion of each and every use of the Park Concession Building by LICENSEE,
LICENSEE shall:
a. Secure and lock all exits and access points to the Park Concession Building,
including, but not necessarily limited to, the -main door and the roll -up service
doors.
b. Remove all items brought by or belonging to LICENSEE from the premises,
including both the refrigerator and freezer. Nothing may be stored in the Park
Concession Building while the Park Concession Building is not being actively
used to sell concessions.
c. Empty the trash cans inside the Park Concession Building and remove the garbage
from the Park premises.
d. Mop the floors inside the Park Concession Building.
e. Wipe the counters and tables inside the Park Concession Building.
3. During and at the conclusion of its use of the Park Concession Building, LICENSEE shall
insure that the area within and immediately adjacent to the Park Concession Building is
PARKS FACILITY USE LICENSE AGREEMENT - PAGE 7 OF 8
kept clean and free of all debris and litter caused or created by the use of the Park
Concession Building and/or sales of concessions therefrom.
4. Except as expressly set forth herein, LICENSEE shall not place banners or signs of any
kind in the park or upon park facilities including upon the exterior of the Park Concession
Building. LICENSEE shall not affix banners and/or signs to park trees, shrubbery, or
facilities by any means. LICENSEE may affix temporary signs upon the interior of the
Park Concession Building to identify its use, menu, and prices, but in no event shall
LICENSEE affix such signs in a manner that is difficult to remove, damaging to any Park
Concession Building surface, damaging to the structure or fixtures of the Park
Concession Building, unsafe, and/or hazardous.
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