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Agreement with Joint School District No rental rocky mtnMEMORANDUM OF AGREEMENT FOR RENTAL OF MOUNTAIN VIEW HIGH SCHOOL AUDITORIUM This MEMORANDUM OF AGREEMENT ("MOA") is made this a�— day of January, 2014, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Mountain View High School ("School"), a school within Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the parties hereto find it to be in the best interest of their respective constituents to rent Mountain View High School auditorium, located at 2000 Millenium Way, Meridian, Idaho, to City for the dress rehearsal and performance of the Treasure Valley Children's Theater performing arts project on March 21 and 22, 2014, a youth program of the Meridian Parks and Recreation ("MPR") and Meridian Arts Commission ("MAC"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. A. Rental Usage Agreement. All terms and provisions of the Rental Usage Agreement, concurrently executed by the parties and attached hereto as Exhibit A, are incorporated herein by reference as though set forth fully herein. B. Hold Harmless and Indemnity Agreement. All terms and provisions of the Hold Harmless and Indemnity Agreement, executed by and between City and District on August 22, 2007 and attached hereto as Exhibit B, are incorporated herein by reference as though set forth fully herein. C. Payment. City has remitted to District a deposit to reserve City's use of the Mountain View High School auditorium as set forth in the Rental Usage Agreement. Within thirty (30) days following the performance on March 22, 2014, District shall remit to City an invoice for the remaining balance due for fees and/or damages actually incurred. The following fees shall apply: 1. Lights and sound operation: Two (2) school employees to operate the lighting and sound equipment at dress rehearsal on March 21, 2014 and at the performance on March 22, 2014, at the rate of $22.00 per employee, per hour. w 2. Weekend custodial services: One (1) custodian to be on site during City's occupation of the4iii & auditorium on March 22, 2014 only, at the rate of $37.50 per hour. It is understood that as custodial services are provided on weeknights, no additional charge shall apply for custodial services rendered on March 22, 2014. 3. Extra supervision services: One (1) school employee to supervise dress rehearsal on March 21, 2014 and the performance on March 22, 2014, at the rate of $er hour. Zs•' d 5rr IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. �UNTAIN IE HIGH SCHOOL: I Samuel Kristensen OgpT RD A UGUST CITY OF zce5 j90 City Ot Attest: !D I)Cq% Tamm de W e Mayor ID Y Y Ja e H l a City Cle i �F S$AL.MOA WITH MOUNTAIN VIEW HIGH SCHOOL FOR USE OF MVHS AUDITORIUM yrPArhe '8ERS APPENDIX A Date:1/14/2014 Joint School District No. 2 & ;City of Meridian Parks & Rec/Alts Commission 1303 E. Central Drive 133 E. Btoadway Avenue Meridian, Idaho 83642 :Meridian, Idaho 63642 (Hereinafter called OWNER) (Hereinafter called RENTER) Upon the full execution of the Rental Usage Agreement (the "Agreement') by all parties, the following described portion of Joint School District No.2 facilities is hereby rented to the RENTER according to the following schedule and terms: 1. Area(s) (hereinafter the "Premises"): (Bidg.)Location Mountain View HS and Room(s) Auditorium 2. Date(s): i 313114.&3/22/t4 between the hours of 4:00 PM and 8:30 PNI on 3/21114 3. Equipment to be made available to the RENTER by the OWNER: Microphones, Podium, Projection Screen 4. Check facilities on attached page and specify fees to be paid in the space below, as per JSD No.2 policy 1003.20: Sound System $ Lighting System Extra Supervision Stage Lights $ Stage Lights $ Auditorium (with Audience) $ Auditorium (without Audience) $ Cafeteria $ a 5. SPECIAL CONDITONS OF THIS AGREEMENT Custodial Fee $ 487.50 Extra Supervision $ 450.00 Sound / Light Tech $ 792.00 Food Svc. Attendant $ Deposit (refundable) Rental Fee for District $ 1,729.50 Total Fee Charged $ 1,729.50 RENTER acknowledges that it has received and read OWNER'S policy numbers 1003.10 and 1003.20 and RENTER agrees to all of the terms and conditions contained in such policies as if set forth in full herein. b. No equipment other than that specified in Item 4, above, will be furnished to the RENTER without the prior written approval of the building coordinator. c. RENTER accepts the Premises in AS -IS condition. d. Failure of RENTER to properly care for the Premises and/or to comply with any term and condition of this Agreement shall constitute a breach of this Agreement and shall, at the option of the OWNER, empower OWNER to immediately terminate RENTER's right to use the Premises. e. No food or beverages will be allowed except in designated areas. f. RENTER shall be responsible for the orderly and lawful conduct of all persons occupying the Premises and while present upon OWNER'S property. g. Certain group programs or activities may require the presence of firemen, policemen, special equipment and/or medical personnel. The scheduling and payment of these services is the sole responsibility of RENTER. h. The OWNER shall not be liable for any loss of revenue or damage whatsoeverto RENTER as a result of the closure of the Premises by the Fire Marshal, or for any other situation out of OWNER's control, including an act of God. i. The RENTER shall be solely responsible for any and all damage to OWNER, including damage to OWNER's property, including the Premises, including but not limited to, all fines or penalties imposed upon the OWNER, which result from the activities of RENTER and/or or its agents, employees, guests and invitees at or upon the Premises or upon any other of OWNER's property. RENTAL USAGE AGREEMENT - 2 j. In accordance with District policy and State law, the possession of alcoholic beverages on District property is strictly prohibited. Likewise, the use of tobacco in any District building or upon any property owned by the District is prohibited. k. Payment by the RENTER will be made prior to any use of the Premises unless other arrangements have been made with the OWNER'S superintendent or appropriate building coordinator. I. RENTER shall faithfully observe and comply with such other rules and regulations as OWNER may from time to time reasonably promulgate regarding use of the Premises and/or other common areas. OWNER reserves the right from time to time to make reasonable modifications to said rules and regulations. Such rules and regulations and any additions and modifications thereto shall be binding upon 5. MISCELLANEOUS PROVISIONS a. Use of Premises. RENTER, its agents, employees, guests and invitees shall neither commit nor permit any waste upon the Premises, nor shall make any use of the Premises or common areas which is a nuisance or disturbs the quiet enjoyment of other occupants of OWNER's property. b. No Animals. Other than service animals, RENTER shall not bring or allow onto the premises any animal of any kind for any reason. c. No Assignment or Subletting. RENTER shall not assign or sublet any interest under this Agreement without the prior written consent of OWNER, which OWNER is free to withhold for any reason. Condition and Suitability Premises. RENTER has examined the Premises prior to taking possession of such. d. RENTER's use of the Premises shall be conclusive evidence as against RENTER that at the time of taking possession the Premises were in good order and satisfactory condition. OWNER does not make and hereby disclaims any warranties, express or implied, with respect to the Premises, and RENTER takes the Premises in their present "AS -IS" condition, with all faults including latent and patent defects. RENTER acknowledges that neither OWNER nor any agent or employee of OWNER has made any representation or warranty, nor is RENTER relying on any representations or warranties made by OWNER or OWNER's agents or employees, with respect to the Premises or with respect to the suitability of the Premises for RENTER's intended use, nor has OWNER agreed to undertake any modification, alteration, or improvement of the Premises except as specifically set forth in this Agreement. No Alterations and Improvements. RENTER shall not make any alterations, additions, or improvements to e. the Premises or any part thereof at any time. Waiver of Rights and Terms. Any failure by OWNER to enforce the terms of this Agreement f. shall not constitute a waiver of said terms by OWNER. Attorney Fees. If any action or proceeding is instituted to enforce or construe any provision of this g. Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorney fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. Authority of the RENTER. In the event the RENTER is a corporation, limited liability company, h. or other business entity, the parties executing this Agreement on behalf of RENTER hereby covenant and warrant that they are duly authorized to execute and deliver this Agreement on behalf of said entity. RENTAL USAGE AGREEMENT - 3 I. Time of Essence. All times provided for in this Agreement or in any other instrument or document referred to herein or contemplated hereby, for the performance of any act will be strictly construed, it being agreed that time is of the essence of this Agreement. 1• Entire Agreement. This Agreement and the related documentation referenced herein constitute the entire agreement between the parties and may not be modified except in writing, signed by both parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement. k. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT ON THE DATE(S) SET FORTH BELOW. WT. M.- 1, a . i 2, Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. The insurance policy shall contain standard Iiability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities and/or grounds —and at least annually thereafter for so long as Enfify shall use -any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Dr. Meridian, Idaho 83642 To Entity: City of Meridian HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT— Page 2 of 3 Attn: City Clerk 33 East Idaho Avenue Meridian, ID $3642 5. Assignment. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. 6. Attomey s pees. In the event that suit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing Law. This Agreement shall be governed by and construed in accordance with . . th-o laws of the State of -Idaho. _.-----._-- _ --..-- _ ..._ _ .__.. Authority of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: City of Meridian Its: 0 Date Signed: ;Al� r a ATTEST:. Its: �q Y ,�i�ltl9ivtff 11111�tt,1`` DISTRICT: JOINT SCHOOL DISTRICT NO.2 By: Its: t Date Signed: T` - HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT— Page 3 of 3