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Licenst Agmt Snake River Racing v , CITY OF MERIDIAN PARKS AND RECREATION DEPARTMENT DEVELOPMENT AND TEMPORARY LICENSE AGREEMENT THIS AGREEMENT made and entered into this - day of . 2005, by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", and the Snake River Racing Club. WHEREAS, Snake River Racing is a organization dedicated to the promotion of and sanctioned racing of remote control cars in Meridian and Western Ada County; and WHEREAS, Snake River Racing and the City desire to cooperate to improve recreation opportunities for youth and the residents of Meridian and Western Ada County; and WHEREAS, the City has a 5-acre parcel being held for future expansion of Meridian Police Department facilities, and WHEREAS, the City desires to designate a portion of the 5-acre parcel as a temporary Special Use facility to support Club activities and provide recreational opportunities to the general public until such time as the parcel is needed for other City purposes. WHEREAS, the City is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of a designated portion of the parcel for a remote control race track for a period of time defined within this Agreement; and NOW, THEREFORE, the parties hereto agree as follows: 1. USE AND GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, City hereby gives and grants to Snake River Racing the non-exclusive right, privilege and license to use certain real property, approximately 250 feet by 175 feet in size, located near the Meridian City Police facility on Watertower Drive and as generally depicted on Exhibit"A' (the "licensed premises") for Snake River RacinglRemote Control Race Track according to the tenus and conditions contained herein. This license does not extend to Snake River Racing the right to use the licensed premises to the exclusion of City or the general public, except during those times when the licensed premises have been reserved for Snake River Racing events according to the terms of this Agreement. City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property Page I of8 2. TERM OF AGREEMENT This temporary license is granted for a term of one (I) year ITom the date of execution, and shall automatically renew in one (1) year increments until otherwise terminated by either party according to the termination provisions contained herein. 3. DEVELOPMENT AND USE OF THE LICENSED PREMISES The licensed premises shall be constructed and maintained by Snake River Racing in accordance with the following provisions: Development of the licensed premises shall be completed within 6 months of the date of execution of this agreement. A. Park rules and regulations and applicable city ordinances shall be observed, and the granting of this Agreement by City does not imply any approval of any required City building and/or use pennits. B. Snake River Racing understands that the licensed premises is first and foremost a public facility and must obtain permission ITom City prior to the start of any earth work, grading or construction. After the completion of construction, the licensed premises shall be open and available to the general public when not otherwise scheduled for Snake River Racing events. C. Snake River Racing shall work with the City to provide a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction shall be designed and built. D. Snake River Racing agrees to develop the facility to City construction specifications, in conjunction with the City, and all construction shall require a building permit prior to the start of construction. E. Snake River Racing agrees to maintain records of donations and record volunteer labor hours and provide the City copies of such records every six (6) months during the construction period. F. Snake River Racing agrees to perform the following site maintenance during their scheduled use of the site: place a minimum of two trash receptacles at each end of the race track, the City shall provide the necessary trash receptacles and receptacle liners; remove the garbage ITom all trash receptacles and place in designated trash container at the end of each day that practice or competition is scheduled; and provide portable toilets as necessary. G. Except as provided herein, no admission charges shall be permitted for regular racing or any other regular activity of Snake River Racing. In the event that City of Meridian & Snake River Racing Development IUId License Agreement Meridian Police Department Property Page 2 of 8 an admission fee is charged for admission to the licensed premises, each person seeking admission shall sign a waiver ofliability containing language as set forth in exhibit~ ~ . In the event that the person seeking paid admission is under the age of 18, the liability waiver shall be signed by the person's parent or legal guardian. Snake River Racing shall submit the signed waivers to City within five days of their execution. 4. CONDITIONS OF USE DURING CONSTRUCTION OF IMPROVEMENTS A. It is understood that during construction that the licensed premises shall be secured in a manner that reduces the opportunity for injury to anyone entering the property. B. It is understood and agreed by the parties that City has no obligation to pay for construction of the licensed premises or any other City property associated with or adjacent to the licensed premises unless agreed to within the body of this document or in writing and attached to this License Agreement. City makes no warranty or promise as to the condition, safety; usefulness or habitability of the licensed premises and Snake River Racing accepts the licensed premises "as is". 5. INDEMNIFICATION AND INSURANCE Snake River Racing indemnifies City and holds City hannless from any loss, liability, claim or action for damages or injury to Snake River Racing, or personal property, or their employees, agents, guests or business invitee( s) attending or participating in any Snake River Racing event, or practice and arising out of or resulting from the condition of the licensed premises or any lack of maintenance or repair thereon. It is further understood and agreed Snake River Racing shall not be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of the licensed premises, and Snake River Racing hereby agrees to indemnifY and hold City hannless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the LICENSED premises by Snake River Racing, their agents, employees, guests or business invitee(s) attending or participating in any organized Snake River Racing event. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Snake River Racing, at City's option shall defend City and assume all costs, including attomey's fees, associated with the defense or resolution thereof, or indemnifY City for all such costs and fees incurred by City in the defense or resolution thereof, however the City shall not be relieved hereby from liability for its own negligence or that of its employees. In addition, Snake River Racing shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in which City City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property Page 3 of 8 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. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold hannless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Snake River Racing covenants and aggress to indemnify and save and hold hannless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property occurring as a result of attending or participating in any organized Snake River Racing event. Snake River Racing shall provide City with a certification of insurance or other proof of insurance evidencing Snake River Racing compliance with the requirements of the paragraph and file such proof of insurance with: City of Meridian 33 East Idaho Street Meridian, Idaho 83642 In the event the insurance minimums of the Idaho Tort claims Act are changed, Snake River Racing shall immediately submit Proof of Compliance with the changed limits. 6. CITY RESPONSIBILITIES A. The City shall apply for and pay associated fees for all City and County permits and applications for construction purposes for improvements to the licensed premises and adjacent facilities. B. The City shall provide project inspections during construction to assure that all improvements are constructed to the approved specifications. C. The City will construct the necessary curb cut, temporary parking lot, landscape buffer, and provide water and electricity to the site. It is understood that Snake River Racing and the City are working together to jointly develop the Meridian Police Department property facility. There may be situations where the two parties agree to exchange financial responsibility for development items, and in such instances, this Agreement shall be amended to memorialize any changes to the responsibilities ofthe parties set forth herein. 7. TERMINATION This Agreement may be terminated by either party for any reason upon sixty (60) day notice. In such event, Snake River Racing shall be required to remove all personal property and otherwise vacate the licensed premises on or before the expiration of the sixty (60) day period. In the event of a holdover by Snake River Racing beyond the sixty (60) day period, City, in addition to and without waiver of any other rights or remedies it may have, may immediately re-enter and take City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property Page 4 of 8 possession and expel Snake River Racing from the licensed premises, with or without process oflaw. In the event of re-entry by City, Snake River Racing shall be liable for any damages suffered by City, its agents or employees, and any costs, including legal expenses and attorneys fees, incurred by City in recovering the licensed premises. 8. DEFAULT AND NON-WAIVER If Snake River Racing is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Snake River Racing conferred by this Agreement, at City's option, may be deemed terminated and forfeited without further notice or demand. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Snake River Racing shall be liable to City for all damages and costs, including legal expenses and attorney's fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of the Agreement. 9. SURRENDER OF LICENSED PREMISES Upon the expiration or earlier termination or cancellation of this AGREEMENT, Snake River Racing agrees to quit and surrender the licensed premises to City without causing or suffering any waste thereon. 10. ASSIGNMENT OR TRANSFER Snake River Racing shall not assign, sublet or transfer the LICENSED premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. 11. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To Snake River Racing: Jeff Oviatt 7325 Hummel Drive Boise, ID 83709 City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property Page 5 of8 To City: City of Meridian Director, Parks and Recreation Dept. H West Bower Street Meridian, ID 83642 With a copy to: City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 12. ALTERATIONS Snake River Racing shall not make, or permit to be made, alterations on or to the licensed premises without first obtaining "City's" written consent. Additions to, or alterations of, the licensed premises shall become at once a part of the real property and belong to City. Snake River Racing shall keep the licensed premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Snake River Racing. 13. INSPECTION OF LICENSED PREMISES Snake River Racing acknowledges that Snake River Racing has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. Snake River Racing agrees that upon termination of this Agreement for any reason, including the expiration of its term, Snake River Racing shall surrender the licensed premises to City in the same good condition as received, reasonable wear and tear, damages by fire, or act of God exempted. 14. INSPECTION Snake River Racing shall permit City and "City's" contractors and employees, at any time, to enter the licensed premises for the purposes of inspection for compliance with the terms of this Use Agreement and for the exercise of "City's" rights, the posting of notices, and for all other lawful purposes. 15. APPROVAL BY CITY COUNCIL City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property Page 6 of8 This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this License, the City Council is not obligating itself, the City of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said licensed premises. Such discretionary actions include, but are not limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other governmental agency approval that is required by law. 16. BINDING EFFECT This Agreement and the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors and assigns of the parties. 17. PRIOR AGREEMENTS SUPERCEDED This Agreement contains the entire agreement between the parties as it pertains to the licensed premises. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. CITY OF MERIDIAN: SNAKE RIVER RACING: Tannny de Weerd, Mayor By ?lII.. ~1' ~ ò-i~++- r sldent, Snake River Racmg Board By: Approved by City Council Attest: William G. Berg, Jr., City Clerk B~ J~J..)E./..J Vice-Presl ent, Snake RiverRacing By: Board BY? ~Mrfl", IV\"J5ø<- Secretary, Snake River Racing Board City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property Page 7 of8 . ' APPROVED AS TO FORM AND CONTENT: By: B~ Ú}//21 ~ City of Meridian & Snake River Racing Development and License Agreement Meridian Police Department Property By: President, Parks & Recreation Commission B~4. ¥~- hief of lice Page 8 of8 , ' " ' " . EXHIBIT "B" READ CAREFULLY WAIVER AND RELEASE OF LlABllJTY The City of Meridian has made the site of the remote control race track facility available to the general public for recreational purposes at no charge, and Meridian is therefore entitled to certain statutory limitations on liability as setforth in Idaho Code section 36-1604. From time to time, Snake River Racing may charge entrance or admission fees for certain events at the facility. Because any type of charge associated with the use of the facility may put Meridian's statutory limitations of liability at risk, this form is to be completed prior to admission to the facility in the event that an admission or entrance fee is charged by Snake River Racing. In consideration of The City of Meridian providing the use of city facilities for the use of the Snake River Racing Club, I agree as follows: I understand that the activities at the remote control race track and associated facilities may have an element of hazard or inherent danger and I assume all risks and dangers and take full responsibílíty for my actions and physical condition. I agree to indemnifY and hold harmless the City of Meridian and its employees ITom any liabílíty loss, cost or expense (including attorney's fees, medical and ambulance costs) that I may incur while participating in or observing activities at the facílíty, I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE, IT IS MY INTENTION TO EXEMPT AND RELIEVE THE CITY OF MERIDIAN FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE, DATE PARTICIPANT NAME PARTICIPANT ADDRESS PHONE CITY/STATE DATE OF BIRTH PARENT/GUARDIAN SIGNATURE (If less than 18 yrs of age) SIGNATURE OF PARTICIPANT