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 $er hour.
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IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized
officers to be effective as of the day and year first above written.
�UNTAIN IE HIGH SCHOOL:
I
Samuel Kristensen
OgpT RD A UGUST
CITY OF zce5 j90
City Ot
Attest: !D I)Cq%
Tamm de W e Mayor ID
Y Y Ja e H l a City Cle i
�F S$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�
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ATTEST:.
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DISTRICT: JOINT SCHOOL DISTRICT NO.2
By:
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Date Signed:
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HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT— Page 3 of 3