Joint Use Agreement with Cole Valley Christian Schools for Joint Use of Park and Gym at 200 EAGREEMENT FOR JOINT USE OF SPORTS FACILITIES
This AGREEMENT FOR JOINT USE OF SPORTS FACILITIES is made this Ig'"
day of /V(h-RcN , 2011, by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho, and Cole Community Church, doing business as Cole
Valley Christian School, a nonprofit corporation organized under the laws of the State of Idaho.
WHEREAS, the respective governing bodies of City and CVCS are mutually interested in
enhancing the Meridian community's quality of life by providing and supporting recreational facilities
and opportunities, including basketball programming, for members of the Meridian community; and
WHEREAS, City and CVCS recognize that through cooperation, joint use of facilities held by
each party respectively can more effectively meet the need for diverse athletic programming and
recreation than either party can provide separately;
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, City and
CVCS agree as follows.
I. DEFINITIONS
As used herein, these terms shall be defined as follows:
A. Agreement: The instant Agreement for Joint Use of Sports Facilities, executed by and between
City and CVCS.
B. City Contact: Specified City employee who shall serve as the liaison between City and CVCS for
all matters regarding the day-to-day scheduling, use, and maintenance of Park and Gym.
C. City: City of Meridian, Idaho, a municipal corporation organized under the laws of the State of
Idaho
D. CVCS Contact: Specified CVCS employee who shall serve as the liaison between CVCS and City
for all matters regarding the day-to-day scheduling, use, and maintenance of Gym and Park.
E. CVCS Football Season: The general beginning and ending dates, established by the method set
forth in this Agreement, during which CVCS registers and organizes its football team and
schedules football practice sessions, games, camps, and related preparatory activities.
F. CVCS: Cole Valley Christian School, encompassing the physical facility located at 200 E. Carlton
Avenue, Meridian, Idaho, and Cole Community Church, doing business as Cole Valley Christian
School, a nonprofit corporation organized under the laws of the State of Idaho.
G. Effective Date: The day upon which this Agreement is executed by the duly authorized
representative of the respective Parties hereto.
H. Fall City Volleyball/Basketball Season: The general beginning and ending dates in the fall and/or
early winter, established by the method set forth in this Agreement, during which City registers and
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 1 OF I 1
organizes volleyball and basketball teams, and schedules volleyball and basketball practice
sessions, games, classes, camps, and related preparatory activities.
I. Gym: The gymnasium at CVCS.
J. Official City Volleyball/Basketball Schedule: The actual dates and times, established by the
method set forth in this Agreement, on which City schedules volleyball and basketball practice
sessions, games, camps, and related preparatory activities in Gym.
K. Official CVCS Football Schedule: The actual dates and times, established by the method set forth
in this Agreement, on which CVCS schedules football practice sessions, games, camps, and related
preparatory activities at fields in Park.
L. Park: Meridian Settlers Park, located at 3245 N. Meridian Road, Meridian, Idaho.
M. Spring City Volleyball/Basketball Season: Established by the method set forth in this
Agreement, the general beginning and ending dates in the late winter and/or spring during which
City registers and organizes volleyball and basketball teams, and schedules volleyball and
basketball practice sessions, games, classes, camps, and related preparatory activities.
II. TOINT USE OF CVCS GYMNASIUM.
A. Rights of City regarding Gym. As established by the Official City Volleyball/Basketball
,,..t Schedule, City shall be entitled to priority use of the Gym for volleyball and basketball practice
sessions, games, classes, camps, and related preparatory activities, for the purposes set forth in
such schedule and under the terms set forth in this Agreement.
B. Obligations of City regarding Gym.
1. Establishment of Fall and Spring City Volleyball Basketball Seasons. By the first Friday
in August, City shall provide e-mail or written notice to CVCS as provided herein of all starting
and ending dates in the fall, winter, and/or spring during which City proposes to schedule and
conduct volleyball and basketball practice sessions, games, classes, camps, and related set-up
and tear -down activities at Gym. The proposed seasons shall be known, respectively, as the
"Fall City Volleyball/Basketball Season" and the "Spring City Volleyball/Basketball Season."
2. Establishment of Fall and Spring CVCS Gym Use Schedules.
a. By the second Friday in October (e. g. October 8, 2010; October 14, 2011; October 12,
2012; etc.), CVCS shall provide e-mail or written notice to City as provided herein of all
dates and times during October through December at which CVCS will book the Gym for
any non -City activity. Upon CVCS's e-mailed or written notice to City of this schedule,
City shall have the right to rely upon same in scheduling its use(s) of Gym during the Fall
City Volleyball/Basketball Season; therefore, once established, CVCS shall amend such
schedule only upon communication between the CVCS Contact and the Meridian Parks and
Recreation Director.
1001 b. By the second Friday in December (e.g. December 10, 2010; December 9, 2011; December
14, 2012; etc.) , CVCS shall provide e-mail or written notice to City as provided herein of
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 2 OF I I
all dates and times in January and February during which CVCS will book the Gym for any
non -City activity. Upon CVCS's e-mailed or written notice to City of this schedule, City
shall have the right to rely upon same in scheduling its use of Gym; therefore, once
established, CVCS shall amend such schedule only upon communication between the
CVCS Contact and the Meridian Parks and Recreation Director.
By the second Friday in February (e.g. February 11, 2011; February 10, 2012; February 8,
2013; etc.), CVCS shall provide e-mail or written notice to City as provided herein of all
dates and times in March and April during which CVCS will book the Gym for any non -
City activity. Upon CVCS's e-mailed or written notice to City of this schedule, City shall
have the right to rely upon same in scheduling its use of Gym; therefore, once established,
CVCS shall amend such schedule only upon communication between the CVCS Contact
and the Meridian Parks and Recreation Director.
d. By the second Friday in April (e.g. April 8, 2011; April 13, 2012; April 12, 2013; etc.),
CVCS shall provide e-mail or written notice to City as provided herein of all dates and
times in May and June during which CVCS will book the Gym for any non -City activity.
Upon CVCS's e-mailed or written notice to City of this schedule, City shall have the right
to rely upon same in scheduling its use of Gym; therefore, once established, CVCS shall
amend such schedule only upon communication between the CVCS Contact and the
Meridian Parks and Recreation Director.
3. Establishment of Official City Volleyball Basketball Schedule. Within seven (7) calendar
,.� days of CVCS's notice of CVCS Gym use, City shall provide written notice to CVCS as
provided herein of its practice and game schedule for the respective City Volleyball/Basketball
Seasons, which notice shall include dates, times, and duration of each volleyball and basketball
practice session, game, class, camp, and related preparatory activities at Gym. Such notice
shall constitute the establishment of the "Official City Volleyball/Basketball Schedule." Once
established, City shall have the right to rely upon the Official City Volleyball/Basketball
Schedule in scheduling its use of Gym; once established, it may be amended only upon
communication between the City Contact and the CVCS Contact.
4. Seasonal maintenance of basketball hoop and curtain motors. Once during CVCS's
Christmas break and once during CVCS's summer break, and subject to the conditions and
limitations herein, City shall provide basic repair and maintenance for the motors that raise and
lower all six (6) basketball backstops and the motors that raise and lower the mid -court curtain
in Gym, including greasing the motors' system joints and range of motion. CVCS shall
provide City thirty (30) days notice of the date(s) upon which such maintenance shall occur,
except where immediate action is necessary to protect the health, safety, and/or welfare of Gym
users. All scheduled maintenance shall occur on weekdays. City's maintenance obligation
shall include.
5. Repair of basketball hoops and curtain motors.
a. East-West hoops and motors. As to the four (4) East-West basketball hoops in Gym, City
shall make repairs on an as -needed basis. CVCS shall be responsible for any and all costs
of such repairs, including, but not limited to, costs related to labor, parts, and equipment.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 3 OF 11
b. North-South hoops and motors. As to the two (2) North-South basketball hoops in Gym
and the curtain motor, City shall provide three (3) as -needed repair calls per Agreement
term, and shall pay for the cost of renting a lift for the completion of this maintenance
obligation, a cost to City of approximately four hundred dollars ($400.00). Additionally,
City shall pay the costs of renting or purchasing other necessary parts and/or equipment up
to six hundred dollars ($600.00) total per Agreement term. Where CVCS requests more
than three (3) as -needed repair calls per Agreement term, or where the cost to rent or
purchase necessary parts and/or equipment other than a lift needed by City to perform its
maintenance obligations hereunder regarding the two (2) North-South basketball hoops and
their curtain motors in Gym exceeds six hundred dollars ($600.00) total per Agreement
term, CVCS shall be responsible for any and all costs of such repairs, including, but not
limited to, costs related to labor, parts, and equipment. CVCS may directly pay any and all
vendor invoices for such costs or reimburse City for same within thirty (30) days of receipt
of invoice for same.
6. Paper products. On November 1 of each year, City shall provide to CVCS two (2) cases of
toilet paper and two (2) cases of paper towels.
7. Site Supervisor. City shall assign one (1) Site Supervisor to unlock the Gym, set up
equipment, be on site at CVCS during games or practices in Gym scheduled by City, take down
equipment, put all basketball hoops in "down" position ready for basketball, ensure that all
persons have left Gym and/or CVCS, and lock the Gym. The Site Supervisor shall advise City
immediately if any basketball hoop is stuck in "up" position or otherwise requires repair. The
Site Supervisor may leave Gym and/or the CVCS campus during such use of Gym as needed at
other facilities, during which time game officials shall provide supervision of Gym use, but
shall be assigned to spend the majority of his or her time at CVCS supervising Gym use. As
CVCS does not staff its facilities on Friday evenings, the Site Supervisor shall not leave CVCS
at any time on Fridays.
8. Reasonable use. City shall employ best efforts to ensure that its authorized use of the Gym
and CVCS facilities is appropriate and reasonable. Where City's use of Gym and CVCS
facilities causes excessive damage to same, over and above normal wear and tear, City shall
reimburse CVCS for the proportionate cost of necessary repairs. City shall exercise best efforts
to see that any and all use of Gym and CVCS facilities, where such use is scheduled or
authorized by City, is in compliance with CVCS's policies regarding use of Gym and/or CVCS
facilities.
C. General rights of CVCS regarding Gym. Any duly authorized agent or employee of CVCS may
stop scheduled use of Gym and/or CVCS facilities, including play in progress, at any time where
such action is warranted due to floor or other conditions or coach, player, or spectator conduct.
D. General obligations of CVCS regarding Gym.
1. General facility maintenance. Except as expressly provided in this Agreement, CVCS shall
be solely responsible at all times for any and all necessary general maintenance and/or repairs
to CVCS, including, but not limited to, structural, electrical, mechanical, plumbing, flooring,
cosmetic, and roofing maintenance and repairs, including as such may or does relate to the
Gym and its fixtures, including the six (6) basketball hoops and motors.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 4 OF 1 I
2. Notification of Gym closure. CVCS shall provide thirty (30) days notice to City when the
Gym will be closed for routine or scheduled maintenance or repair, except that this provision
shall not apply to emergency maintenance or repairs necessary to preserve the health or safety
of Gym users.
3. Utilities. CVCS shall provide all necessary utilities and services to CVCS and Gym, including,
but not limited to, electricity, restrooms, water, sewer, and/or waste removal.
4. Replacement of motors. Where any basketball hoop motor or curtain motor in Gym requires
replacement, CVCS shall be responsible for purchasing the new motor. City shall install the
new motor at the next scheduled maintenance session, or, if CVCS requires that the motor be
installed prior to the next scheduled City maintenance session, CVCS may request that City
make an as -needed repair call as set forth herein, or CVCS shall be responsible for all costs
related to installation of the new motor.
III IOINT USE OF MERIDIAN SETTLERS PARK.
A. General rights of CVCS regarding Park.
1. Priority use of fields. As established by the Official CVCS Football Schedule, CVCS shall be
entitled to exclusive use of either Field B or Field D in Park for all CVCS football practices
and/or camps, as scheduled in accordance with the schedule(s) provided to CVCS according to
this Agreement, for the purposes set forth in such schedule and under the terms set forth in this
,..., Agreement, which use shall preclude non-CVCS uses of the designated field. City alone shall
designate which field shall be available for CVCS priority use for games, walk-throughs, and
practice, depending on turf quality.
2. Collection of fees. CVCS shall have right to assess and collect reasonable fees for
participation from members of the CVCS football team. CVCS shall not collect any admission
fee for access to Park facilities. Except as otherwise agreed in writing, City shall not be
entitled to any fee assessed and/or collected by CVCS.
3. Equipment storage. During the CVCS Football Season, CVCS may store one (1) or more
blocking sled(s) at Park, in such location as shall be designated by City. Such equipment shall
be stored and used at Park at the sole risk of CVCS. CVCS shall be solely responsible for
providing, maintaining, preparing, repairing, and/or replacing any and all necessary equipment
for any and all CVCS activities at Park. CVCS shall remove the blocking sled from Park
within seven (7) calendar days of the last day of the football season.
4. Trailer storage. During the football season, CVCS may store one (1) equipment trailer in the
southeast parking lot at Park. Such equipment trailer shall remain on pavement at all times,
shall not be moved onto any grass or other surface, shall utilize only one (1) parking stall, and
shall not block any drive aisle, pedestrian walkway, or field access point, or otherwise create a
safety hazard. CVCS shall remove the trailer from Park within seven (7) calendar days of the
last day of the football season.
5. Shelters. CVCS may reserve, without payment of a shelter reservation fee, one (1) shelter at
Park, two (2) times per every three hundred sixty-five (365) days. All other Park and shelter
use policies and fees shall apply.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 5 OF 11
B. General rights of City regarding Park.
1. Stop play. Any duly authorized agent or employee of City may stop ongoing or scheduled use
of Park and/or Park facilities, including play in progress, at any time where such action is
warranted due to weather, turf, or other conditions, or coach, player, or spectator conduct.
2. Field location. Any duly authorized agent or employee of City may require that CVCS utilize
or not utilize a particular field or fields due to weather conditions and/or turf quality. Where
practicable, City will provide reasonable notice of field relocation to the CVCS Contact, except
that this provision shall not apply where immediate relocation is necessary to preserve turf
quality or the health or safety of Park users.
3. Field improvements. Upon thirty (30) days notice to CVCS, City shall have the right to make
alterations to the football fields in Park and/or to construct or locate fences, fixtures, structures,
and/or any other improvements in or upon Park or Park facilities, infrastructure, and vegetation,
except that City may undertake alterations, construction, or improvements to or in Park on an
emergency or immediate basis without notice to CVCS where such action is necessary to
protect the health, safety, and/or welfare of the public, or where such alterations, construction,
or improvements will not unreasonably affect CVCS's use of Park or Park amenities or
facilities as set forth in this Agreement.
4. Public park. The parties hereto expressly acknowledge that Park is a public space, the
,•-1 management and scheduling of which shall at all times be within the sole purview of City. City
shall have the right to use or allow the use of Park for any and all purposes and under any and
all conditions, so long as such use does not conflict or interfere with a scheduled use set forth in
the Official CVCS Football.
5. Collection of fees. In accordance with its policies, City shall have right to assess and collect
reasonable user fees from persons who use Park; however, the amount of such user fees shall
not exceed costs and expenses actually incurred. CVCS shall not be entitled to any Park user
fee assessed and/or collected by City.
6. Public reservation of Park amenities, February 1. The parties acknowledge that on
February 1 of each year, City shall make available to the public the opportunity to reserve
unscheduled and/or unreserved fields in Park. As a condition of CVCS's priority use of Park
fields as such use is described and/or permitted herein, CVCS shall adhere strictly to the
scheduling requirements set forth herein.
C. General obligations of CVCS regarding Park.
1. Establishment of CVCS Football Season. On or before January 15, CVCS shall provide e-
mail or written notice to City as provided herein of the general starting and ending dates of the
twelve- to fourteen -week period in the fall during which CVCS proposes to schedule and
conduct football practice sessions and games at Park. By January 31, the Meridian Parks and
Recreation Director shall either provide written notice to CVCS of the acceptance of same, or
shall notify the CVCS Contact of any necessary amendments. Upon City's mailing of City's
written acceptance of CVCS's proposed season, the proposed season shall be known as the
"CVCS Football Season." Once established, the CVCS Football Season may be amended only
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 6 OF 11
'~ upon communication between the CVCS Contact and the Meridian Parks and Recreation
Director. CVCS shall not be guaranteed priority use of the fields at Park if the CVCS Football
Season is amended after February 1.
2. Establishment of Official CVCS Football Schedule. At least fourteen (14) calendar days
prior to the first day of the CVCS Football Season, CVCS shall provide written notice to City
as provided herein of its proposed practice and game schedule for the CVCS Football Season,
which shall include proposed dates, times, locations (i.e. fields to be used), and duration of each
and every practice session and game. The proposed schedule shall also delineate the dates,
times, locations, and duration of field preparation activities to be undertaken by CVCS prior to
any and all practice sessions and games. Within seven (7) calendar days of receipt of the
proposed schedule from CVCS, City shall either provide written notice to CVCS of the City's
acceptance of same or shall notify the CVCS Contact of any necessary amendments. Upon
City's mailing of City's written acceptance of CVCS's proposed schedule, the proposed
schedule shall be known as the "Official CVCS Football Schedule." Once established, the
Official CVCS Football Schedule may be amended only upon communication between the
CVCS Contact and the City Contact. CVCS shall not be guaranteed priority use of the fields at
Park if the Official CVCS Football Schedule is amended within fourteen (14) calendar days of
the rescheduled date(s).
3. Reasonable use. CVCS shall employ best efforts to ensure that its use of Park and Park
facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where
CVCS's use of Park and Park facilities, infrastructure, and/or vegetation causes
disproportionately excessive damage to same, CVCS shall reimburse City for the cost or
proportionate cost of necessary repairs and/or replacement. CVCS shall exercise best efforts to
see that any and all use of Park, where such use is scheduled or authorized by CVCS, is in
compliance with all laws and with City's policies regarding use of City parks and/or facilities,
including, but not limited to, such reasonable policies as may be adopted or enacted by the
Director of the Meridian Parks and Recreation Department.
4. Field marking. CVCS shall accomplish any and all field striping and/or marking that is
required for its practice sessions and/or games. CVCS shall ensure that such striping and/or
marking does not cause excessive damage to the turf.
5. Equipment. CVCS shall be solely responsible for providing, maintaining, preparing,
repairing, and/or replacing any and all necessary equipment for any and all CVCS activities at
Park. Any and all known and unknown risks and costs related to or arising from the use or
storage of CVCS's equipment, including, but not limited to, loss or theft of, damage to, and
damage or injury caused by such equipment, shall be borne solely by CVCS.
6. No right to exclude conveyed. Any exclusive use granted to CVCS by this Agreement shall
include neither the right to exclude any law-abiding person from Park where such person is not
interfering with CVCS's use thereof, nor the right to interfere with any person's concurrent,
lawful use of Park where such concurrent use does not conflict or interfere with CVCS's use.
At all times not set forth in the Official CVCS Football Schedule, or as such activities are
rescheduled in accordance with this Agreement, CVCS shall be on an equal footing with the
general public regarding its use of Park, which shall include, but shall not be limited to,
reservation requirements, priority of reservation of Park fields and facilities, and payment of
reservation and other applicable fees. CVCS shall exercise any exclusive use granted by this
AGREEMENT wrrH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 7 OF 11
Agreement only in accordance with the terms of this Agreement and in accordance with any
and all applicable laws and City policies.
D. General obligations of City regarding Park.
1. Mowing and irrigation. Except as otherwise set forth herein, City shall provide all turf
maintenance at Park. This shall include, but is not limited to, any and all necessary mowing,
irrigation, re -seeding, sod laying, weed or pest control, and/or fertilizing.
2. Utilities. City shall provide all necessary utilities and services to Park, including, but not
limited to, electricity, potable water, sewage service, and/or waste and refuse removal.
3. Repair. Except as otherwise set forth herein, City shall cause the repair and/or replacement of
any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by use,
misuse, vandalism, acts of nature, weather, or other damage or normal wear and tear.
4. Scheduling. City shall be solely responsible for scheduling all use of Park and Park facilities
and amenities.
5. Goal posts. City alone shall move or remove the goal posts at Park. CVCS shall not move,
remove, or otherwise adjust or tamper with the goal posts at Park.
IV. GENERAL PROVISIONS.
A. Day-to-day communications. Communication between CVCS and City regarding day-to-day
matters (e.g., issues related to use, scheduling, and maintenance of Park) shall occur via e-mail,
facsimile, or telephone. City shall provide CVCS the name, e-mail address, and telephone number
of specific City personnel ("City Contact") who shall serve as the liaison between City and CVCS
for all matters regarding the day-to-day scheduling, use, and maintenance of Park and Gym. CVCS
shall provide City the name, e-mail address, and telephone number of specific CVCS personnel
("CVCS Contact") who shall serve as the liaison between CVCS and City for all matters regarding
the day-to-day scheduling, use, and maintenance of Park and Gym.
B. All other notice. All other notices required to be given by either of the parties hereto shall be in
writing and be deemed communicated when sent via electronic mail ("e-mail"), personally served,
or mailed via United States mail, to the following personnel and address:
Steve Siddoway Matt Beglinger
Parks and Recreation Dept. Director Athletic/Facilities Director
City of Meridian Cole Valley Christian School
33 E. Idaho Avenue 200 E. Carlton Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
ssiddoway@meridiancity.org mbeglinger@cvcsonline.org
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Seasonal review. The CVCS Contact and the City Contact shall meet annually to review the
season, address any problems which may have arisen, and discuss improvements regarding the
parties' joint use of Gym and Park.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 8 OF 11
D. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as
established by this Agreement, the complaining party shall give written notice of its complaint to
the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct
the situation and confirm the correction in writing, or reject the complaint, explaining the
mitigating circumstances and why a remedy cannot be achieved.
E. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement
or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written
consent of CVCS. CVCS shall not assign or sublet all or any portion of CVCS's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior
written consent of City. This Agreement and each and all of the terms and conditions hereof shall
apply to and are binding upon the respective organizations, legal representative, successors, and
assigns of the parties.
F. No agency. Neither CVCS nor its employees, agents, contractors, officials, officers, servants,
guests, and/or invitees shall be considered agents of City in any manner or for any purpose
whatsoever in their use and occupancy of Park.
G. Indemnification. CVCS and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and all participants in CVCS programming, 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 CVCS or
any CVCS employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any
participant in or observer of CVCS programming, at or in its use of Park or any lack of
maintenance or repair thereon and not caused by or arising out of the tortious conduct of City.
CVCS shall maintain, and specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act
set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless City; and if City becomes
liable for an amount in excess of the insurance limits herein provided due to the actions or
omissions of CVCS or any CVCS employee, agent, contractor, official, officer, servant, guest,
and/or invitee, or any participant in or observer of CVCS programming, CVCS covenants and
agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions,
or judgments for damages or liability to persons or property. City makes no warranty or promise as
to the condition, safety, usefulness, or habitability of the premises; CVCS accepts Park for use as
is, both at the Effective Date of this Agreement and for each practice session, game, and/or game
day.
H. Compliance with Laws. In performing the scope of services required hereunder, City and CVCS
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
I. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,
to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction.
This provision shall be deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 9 OF 1 1
J. Term of Agreement. This Agreement shall become effective as of the Effective Date upon
execution by both parties, and shall expire one (1) year from the Effective Date unless earlier
terminated or extended in the manner as set forth in this Agreement. If the parties to this
Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the
term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be
renewed automatically for one-year periods thereafter unless terminated by either party in the
manner provided in this Agreement.
K. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not
be limited to:
1. An act or omission by either party which breaches any term of this Agreement.
2. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party.
3. A change in circumstances that renders the performance by either party a detriment to the
public health, safety, or welfare.
4. A decision by either party that termination will serve its best interests.
L. Termination process. Either party may terminate this Agreement by providing seven (7) days
advance written notice of intention to terminate. Such written notice shall include a description of
the breach or circumstances providing grounds for termination. A seven (7) day cure period shall
commence upon mailing of the notice of intention to terminate. If, upon the expiration of such
cure period, cure of the breach or circumstances providing grounds for termination has not
occurred, this Agreement may be terminated upon provision of written notice of termination.
M. 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.
N. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith.
O. Non -waiver. 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 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.
P. Applicable law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho.
Q. Approval required. This Agreement shall not become effective or binding until approved by the
respective governing bodies of both City and CVCS. The parties signatory hereto represent and
warrant that each is duly authorized to bind, respectively, City and CVCS to this Agreement in all
respects.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 10 OF 11
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.
COLE VALLEY CHRISTIAN SCHOOL:
STATE OF IDAHO
Brad Carr
Superintendent
ROBIN A. DIORIKSEN
Notary Public
State of Idaho
) ss:
County of ADA
I HEREBY CERTIFY that on this day of
2011, before the undersigned, a Notary Public in the State of
Idaho, personally appeared Brad Carr, known or proven to me to be
the person who executed the said instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
CITY OF MERIDIAN: Attest:
BY:
Tammyeerd jVcee : n
Mayor - SE,, Cl k
tS�
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILrrIES PAGE 11 OF 11