22-2321 Parks and Recreation Lease Agreement Approval Daisy's Italian Ice and Gelati, LLC Discovery Park CITY OF MERIDIAN RESOLUTION NO. 22-2321
BERNT, BORTON, CAVENER,
BY THE CITY COUNCIL: HOAGLUN, PERRAULT, STRADER
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
MERIDIAN AND DAISY'S ITALIAN ICE & GELATI LLC FOR LEASE OF CITY'S
CONCESSION BUILDING AT DISCOVERY PARK, LOCATED AT 2121 E. LAKE
HAZEL ROAD, IN MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF
MERIDIAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Meridian owns Discovery Park, located at 2121 E. Lake Hazel
Road, in Meridian, Idaho,which park includes a concession building adjacent to the splash pad
("Lease Premises");
WHEREAS,the City is authorized by Idaho Code section 50-1401 to manage real
property owned by the City in ways which, in the judgment of City Council, the City deems to be
in the public interest;
WHEREAS,the City Council of the City of Meridian hereby finds that the lease of the
Lease Premises to Daisy's Italian Ice & Gelati LLC ("Tenant") serves the public interest, and
further finds that the Lease Premises are not otherwise needed for City purposes;
WHEREAS,pursuant to Idaho Code section 50-1407, the mayor and council hereby
authorize the lease of Lease Premises to Tenant, pursuant to the terms and conditions of the
Lease Agreement for Concessions Operations at Discovery Park between the City of Meridian
and Tenant, entered into contemporaneously herewith;
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
Section 1. That the terms of the Lease Agreement for Concessions Operations at
Discovery Park between the City of Meridian and Tenant, entered into contemporaneously
herewith, are just and equitable, and the same is hereby approved as to both form and content.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest said Lease for and on behalf of the City of Meridian.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of
, 2022.
RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 326
FOR CONCESSIONS OPERATIONS AT DISCOVERY PARK PAGE 1
APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of
April , 2022.
APPROVED:
Robert E. Simison, Mayor
ATTEST:
By:
Chris Johnson, City Clerk 4-19-2022
RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 327
FOR CONCESSIONS OPERATIONS AT DISCOVERY PARK PAGE 2
LEASE AGREEMENT for
CONCESSIONS OPERATIONS AT DISCOVERY PARK
This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT DISCOVERY PARK
("Lease") is entered into by and between the City of Meridian,a municipal corporation organized
under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642
("Landlord"), and Daisy's Italian Ice&Gelati LLC, a limited liability company organized under the
laws of the state of Idaho, whose address is 2401 N. Heath Avenue, Boise, Idaho("Tenant"), effective
the ��.7 ( day of M i r,-I1, 2022 In this Lease, Landlord and Tenant may be referred to individually
as a"Party' or collectively as"Parties."
WHEREAS, Landlord owns Discovery Park, located at 2121 E. Lake Hazel Road, in Meridian,
Idaho, which park includes a concession building adjacent to the splash pad (hereinafter "Lease
Premises');
WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property
owned by the Landlord in ways which the judgment of City Council deems to be in the public interest;
WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease
Premises to Tenant for selling concessions serves the public interest;
WHEREAS, pursuant to Idaho Code section 50-1409, the mayor and council hereby authorize
the lease of Lease Premises to Tenant;
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,Landlord and Tenant
agree as follows:
I. Lease granted. In consideration of the payment of rent,and other sums to be paid by Tenant to
Landlord pursuant to this Lease(collectively referred to hereinafter as"Rent")and the performance
of the other covenants,conditions and agreements in this Lease to be kept and performed by
Tenant, Landlord does hereby lease and demise Lease Premises to Tenant.
H. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the
preparation of food consistent with the requirements and standards established by applicable
federal,state,city, and health department laws,ordinances,regulations and resolutions; and the
sale of food, beverages and novelty items as set forth in Request for Proposals and Tenant's
response thereto, which are attached hereto as Exhibit A. Tenant shall also sell swim diapers.
Tenant shall not use or permit the use of the Lease Premises for any other purpose without the
express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a
complete and independent evaluation of any and all risks inherent in the execution of this Lease
and the operation of the Lease Premises for its use permitted hereby, and that,based upon said
independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks
with respect thereto, some of which risks may be unknown.
III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises,Tenant
shall provide the services enumerated in the Request for Proposals and in Tenant's response
thereto,attached hereto as Exhibit A. Further, Tenant shall insure that the area within and
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 1
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Item#9.
immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris,
litter,or other unclean or unsightly condition caused or created by the operation.
IV. Term of lease. The term of this lease shall begin upon execution by both parties("Effective
Date"), and expire t 1:59 p.m. on September 30,2024,unless earlier terminated by either Party by
the method established herein. The lease term shall automatically be renewed from year to year
thereafter, until September 30,2025, unless written notice of termination is given by either party to
the other in the manner set forth herein. Tenant shall be deemed to have occupied the Lease
Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in
all matters related to this Lease.
V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises
under this Lease, Tenant shall be responsible for each and all of the following.
A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the
Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all
utilities in connection with the Premises, including the cost of electricity or other fuels or power
sources, water and sewer services,and waste disposal services. Land line telephone service is
not available at the premises.
B. Season close-out. Within seven (7)days of the last day of operation each year, Tenant shall
complete each and all of the following:
1. Deep clean the Lease Premises, to include: descaling sink, faucets, and knobs; wash walls,
doors, cabinets,and vents; remove all debris from and scrub floors; disinfect all surfaces;
wipe out and sanitize garbage cans and recycling bins; empty and disinfect all cabinets;
defrost freezer; and disinfect microwave,refrigerator, freezer, and other food storage or
preparation areas.
2. Remove all perishable items from the Lease Premises;
3. Unplug all equipment;
4. Upon request of Landlord, remove some or all of Tenant's equipment and personal property
from the Lease Premises so Landlord can perform routine maintenance and repair; and
5. Obtain written approval from City that the tasks set forth in this section have been
completed satisfactorily, and that the Lease Premises can be closed for the season in a clean
and sanitized condition.
C. Criminal background check. Tenant,and each and all of Tenant's employees working at the
Lease Premises or any person present within the Lease Premises pursuant to Tenant's invitation
or consent, shall first undergo a criminal background check. Tenant will be responsible for the
cost of background checks for all employees. Tenant shall not allow any employee or person to
be present within the Lease Premises whose criminal history includes any felony or
misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex
crimes, theft, fraud, or moral turpitude.
D. Personal property taxes. If applicable,Tenant shall pay, prior to delinquency, all personal
property taxes payable with respect to all personal property of Tenant, including any and all
inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or
used in or on the Lease Premises, and any improvements to the Lease Premises that are owned
by and separately assessed to Tenant("Property of Tenant").
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Item#9.
E. Surrender of Lease Premises; removal of property. Subject to the provisions set forth
herein regarding early termination, upon expiration of the Lease term or earlier termination of
the Lease, whether by lapse of time or otherwise, Tenant,at Tenant's sole expense, shall:
1. Remove the Property of Tenant;
2. Repair and restore the Lease Premises to a condition as good as received by Tenant from
Landlord, reasonable wear and tear excepted; and
3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord.
Any Property of Tenant left on the Premises after the expiration or termination of the Lease
shall be deemed to have been abandoned and shall become the property of Landlord. Tenant
shall be liable for all costs associated with the removal and/or disposal of such property.
Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and
taking possession of the Lease Premises or removing and storing the Property of Tenant and/or
other property as herein provided. No such reentry shall be considered or construed to be a
forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from
delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims
made by a succeeding tenant founded on such delay.
F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises
and does hereby accept the Lease Premises as being in good and satisfactory order, condition,
and repair. It is understood and agreed that Landlord makes no warranty or promise as to the
condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease
Premises"as is." In entering into this Lease, Tenant is relying on its own investigation and
inspection of the Lease Premises and its own determination of the suitability of the Lease
Premises, physically and legally, for its intended use.
G. Alterations. Tenant shall make no additions, changes, alterations or improvements to the
Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises
without the prior written consent of Landlord. Tenant shall be responsible for any and all code
requirements resulting from any additions, changes, alterations or improvements to the
Premises.
H. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any
nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord.
Tenant,at Tenant's sole expense, shall comply with all laws and regulations relating to its use
or occupancy of the Lease Premises.
1. No assignment or subletting. Tenant shall not, without first obtaining Landlord's consent: (1)
sell, assign, mortgage, or transfer this Lease or any interest therein; (2)sublease all or any
portion of the Lease Premises; or(3) allow the use or occupancy of the Lease Premises by
anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability
under this Lease, unless Landlord consents in writing to accept such assignment or sublease as
a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by
merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder.
J. Compliance with ADA. Tenant shall not enter into any change of use of the Premises,
whether approved by Landlord or not, if such change in use would result in increased liability
of Landlord under the Americans with Disabilities Act of 1990,Public Law No. 101-336, 42
US 12101 et. seq. as it may be amended from time to time("ADA").
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 3
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Item#9.
K. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any
substance that is hazardous or dangerous to person,property or the environment(or any similar
substance) as now or hereafter defined by or determined pursuant to any applicable state or
federal law or regulation in amounts exceeding legally permissible levels in,on, or about the
Premises.
L. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on
the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on
account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend,
indemnify and save Landlord free and harmless against liability, loss, damage,costs, attorneys'
fees,and all other expenses on account of claims of lien of laborers or materialmen or others
for work performed or materials or supplies furnished to Tenant or persons claiming under
Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate
security for the value or in the amount of the claim, plus estimated costs and interest, or a bond
of responsible corporate surety in such amount conditioned on the discharge of the lien. If a
final judgment establishing the validity or existence of lien for any amount is entered,Tenant
shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for
which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have
furnished Landlord adequate security as more particularly provided above,then, in order to
protect the Lease Premises and Landlord against such claim of lien, Landlord may,but shall not
be required to,pay the claim and any costs,and the amount so paid, together with reasonable
attorneys' fees incurred in connection therewith, shall be immediately due and owing from
Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be
filed against the Lease Premises or any action affecting the Lease Premises be commenced, the
Party receiving notice of such lien or action shall forthwith give the other Party written notice
thereof.
M. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from
any loss, liability,claim,judgment, or action for damages or injury to Tenant, to Tenant's
personal property or equipment, and to Tenant's employees, agents, guests or invitees arising
out of or resulting from the condition of the Lease Premises or any lack of maintenance or
repair thereon and not caused by or arising out of the tortious conduct of Landlord or its
employees. Tenant further agrees to indemnify and hold Landlord harmless 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 leased premises by Tenant or by Tenant's
agents, employees, guests or business invitees and not caused by or arising out of the tortious
conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for
any loss or claim described in this paragraph,Tenant, at Landlord's option, shall defend
Landlord and assume all costs, including attorney's fees, associated with the defense or
resolution thereof,or indemnify Landlord for all such costs and fees incurred by Landlord in
the defense or resolution thereof.
N. Insurance.
1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force
throughout the term of this Lease in force with an insurance carrier acceptable to Landlord
a policy of commercial general liability insurance covering the activities of Tenant in
connection with the Lease Premises,having a combined single limit of not less than one
million dollars ($1,000,000)per person and per occurrence and property damage liability
insurance with a limit of not less than one million dollars($1,000,000)per accident or
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 4
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Item#9.
occurrence. The insurance shall insure against any and all liability of Tenant with respect
to the Lease Premises and any other property used or useable by Tenant.
2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the
term of this Lease insurance covering all of Tenant's and Landlord's furniture and fixtures,
machinery, equipment, inventory, and other personal property owned or used by Tenant in,
on,or about the Lease Premises. All policy proceeds shall be used for the repair or
replacement of the property damaged or destroyed regardless of the cause of such damage;
however, if this Lease ceases due to early termination due to damage or destruction as
described herein, Tenant shall be entitled to any proceeds resulting from damage to
Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal
property.
3. Worker's Compensation Insurance.Tenant shall purchase and maintain in force
throughout the term of this Lease workers' compensation insurance on any and all persons
in Tenant's employ, in the minimum amount(s)as required by Idaho law.
4. Policy Form. All policies of insurance provided for herein shall be issued by insurance
companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do
business in the State of Idaho. All insurance required to be furnished by Tenant shall be on
forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional
insured and copies of policies of such insurance or certificates issued by the insurance
company evidencing the existence and amounts of such insurance shall be delivered to
Landlord. Failure of Tenant to renew or replace such insurance at least thirty(30) days
prior to the expiration date of such policy shall constitute a material default under the terms
of this Lease. All policies of insurance provided by Tenant may be provided within the
coverage of a blanket policy(s)of insurance carried and maintained by Tenant.
5. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force
any of the insurance required of the Tenant, Landlord has the right to terminate the Lease.
Landlord may,but shall not be required to, purchase and keep in force the same, in which
event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with
respect thereto, said payment to be made within ten (10) days after demand for such
payment by the Landlord.
G. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the
Premises or the Building which would(a)jeopardize or be in conflict with fire insurance
policies covering the Building and fixtures and property in the Building; (b)increase the
rate of any insurance applicable to the Building to an amount higher than it otherwise
would be for the general use of the Building; or(c) subject Landlord to any liability or
responsibility for injury to any person or persons or to property by reason of any business or
operation being carried on upon the Lease Premises.
VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and
all of the following.
A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the
structural portions of the Lease Premises, including, but not limited to,the electrical systems,
roof, and structural integrity of the premises,unless such maintenance or repairs are required as
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 5
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Item#9.
a result, in whole or in part,of the act of, or neglect of any duty by,Tenant, its agents, servants,
employees,or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such
maintenance or repairs within ten (10)days of Tenant's receipt of Landlord's itemized invoice
therefor.
B. Fixtures and applicances. The parties acknowledge that fixtures and appliances owned by
Landlord, as described in Exhibit C hereto,are present on the Lease Premises. All such fixtures
and appliances shall be placed in good working order by the Effective Date at Landlord's sole
expense. During the Term, Landlord shall repair and maintain equipment owned by Landlord.
C. Entry and inspection. Landlord, at all reasonable times, and at any time in case of emergency,
may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering,
maintaining or improving the Lease Premises, subject to Tenant's reasonable security
requirements.
D. Property insurance. Landlord shall maintain insurance on the Lease Premises. The insurance
required in this Section may be provided within the coverage of a blanket policy(s)of insurance
carried and maintained by Landlord.
VII. GENERAL PROVISIONS.
A. No agency; independent contractor. It is understood and agreed Tenant shall not be
considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use
and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be
acting as an independent contractor, and neither Tenant nor any officer, employee or agent of
Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or
responsibility to exercise any rights or power vested in Landlord.
B. Notices.All notices to be provided under this Agreement shall be in writing and addressed as
follows:
If to Tenant: If to Landlord:
Daisy's Italian Ice &Gelati LLC City Clerk, City of Meridian
Attn: Julie Scarborough 33 East Broadway Avenue
2401 N. Heath Avenue Meridian, Idaho 83642
Boise, Idaho 83713
Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall
be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the
party above specified.
C. Early termination due to damage or destruction. In the case of damage to the Lease Premises
or decreased park use due to Force Majeure, Tenant shall immediately notify Landlord. "Force
Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by
or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism,
accident, governmental acts, threats to human health or safety, and other like events that are
beyond the reasonable anticipation or control of Party affected thereby. If the Premises or
Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe
for use, Landlord may immediately terminate this Lease.
D. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms,
DISCOVERY PARK.CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 6
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Item#9.
covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or
default within ten(10)days of written notice thereof,this Agreement,and all rights of Tenant in
and to Premises, at Landlord's option, may be deemed terminated and forfeited without further
notice or demand. In the event of any default or breach of this Agreement and Tenant's failure
or refusal to cure as hereinbefore provided, Landlord may,upon three(3)days' notice,enter into
and upon the premises, take possession thereof and expel Tenant therefrom, with or without
process of law, and without being guilty of trespass, and without prejudice to any and all other
rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs,
including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises
hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or
allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy
shall not constitute an election of remedies and/or a waiver of other available remedies.
E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term,
covenant or condition of this Lease 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 Landlord may have under this Agreement with
respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord
shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or
condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted,
regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such
Rent.
F. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit,
or convey any warranty with regard to any action relating to development or operation of said
premises, including,but not limited to,annexation,rezone, variance, permitting, environmental
clearance,or any other action allowed or required by law or conveyed by City Council.
G. Mediation. Any disputes between the Parties in connection with the rights and obligations
under this Lease, shall be settled by mediation upon the request of any Party and the mutual
agreement of both parties. Mediation shall be a required precursor to litigation filed regarding
this Agreement. All costs associated with mediation shall be shared equally by the parties.
H. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination
against any person or group of persons on account of race, color, creed,religion, sex, marital
status, national origin or ancestry, in the leasing, subleasing,transferring, use, occupancy,
tenure, or enjoyment of the Premises.
I. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal
expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the
terms, covenants or conditions of this Agreement.
J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
DISCOVERY PARK CONCESSION BUILD{NG LEASE AGREEMENT 2022-2024 Rku 7
Page 289
K. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the
parties and supersedes any and all other agreements, leases, or understandings, oral or written,
whether previous to the execution hereof or contemporaneous herewith. No oral or written
inducements to execute this Lease have been made to Tenant. In entering into this Lease,
Tenant relies upon no statement, fact,promise or representation,whether express or implied,
written or oral, not specifically set forth herein in writing.
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.
TENANT: STATE OF IDAHO )
DAISY'S ITALIAN ICE &GELATI LLC ) ss:
County of
I HEREBY CERTIFY that on this 'Zz' 4kday of
AAA v'(-y%- , 2022, before the undersigned, a
Julie carborough, an er Notary Public in the State of Idaho, personally appeared
Julie Scarborough, 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
DIANA MONTGOMERY affixed my official seal, the day and year in this certificate
Notary Public first above written.
State of Idaho Commission-No. 20211604
Notary Public for Idaho
Residing at �,�,[),t�, ? ,Idaho
My Commission Expires: I o
LANDLORD: Attest:
CITY OF MERIDIAN
Robert E. Simison, Mayor 4-19-2022 Chris Johnson, City Clerk - - 022
STATE OF IDAHO )
):ss
County of Ada
On this 19tWay of ApAi ,2022,before me,a Notary Public,personally appeared Robert E.Simison and
Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City 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 Meridian _ ,Idaho
My Commission Expires:_ 3-28-2028
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 8
Page 290
Item#9.
EXHIBIT A
REQUEST FOR PROPOSALS
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PACE 9
Page 291
Item#9.
FORMAL REQUEST FOR PROPOSALS
PROJECT SPECIFICS & SCOPE OF WORK
CITY OF MERIDIAN
Meridian, Idaho 83642
BACKGROUND / PURPOSE
The City of Meridian is soliciting proposals from respondents to provide Concession Services at
the Discovery Park Concessions Building.
Discovery Park includes 27 acres, but when the park is fully built out over the next several years,
it will be a total of 77 acres. The park is located on the south side of Lake Hazel Road between
Locust Grove and Eagle. Amenities in phase 1 include two softball fields, 3 reservable picnic
shelters, playground, splash pad, climbing wall, sand/water play area, event stage and lawn, off-
leash dog area, and walking paths. Phase 2 of Discovery Park will begin construction in the
Spring of 2022. Amenities to be developed in Phase 2 are still to be determined. Although a
second smaller concessions building is proposed in Phase 2 construction. The awarded proposer
may be responsible to operate this concessions building as well if constructed.
The concessions building is located in the active play area in close proximity to the playground,
splash pad, sand/water play area, climbing wall, and picnic shelters. The interior of the
concessions building is 28' x 19'. Equipment included in the concessions building that will be
available for use by the successful proposer include a three-compartment sink, hand washing
sink, mop sink, and some built-in counter space. All other food preparation and storage equipment
will need to be provided by the successful proposer. Finally, because the effluent volume is being
actively managed at this site, only an air-cooled ice machine may be used.
Between April and mid-September, the park hosts evening adult softball games on both softball
fields Monday through Thursdays with some Fridays. The park shelters often hold birthday parties
and other smaller events organized by the general public. Event organizers are permitted to bring
their own food vendors as part of their events. The selected concessionaire may not set up booths
or an area outside the concession's buildings without permission from the City of Meridian and or
the event organizer in which fees may occur.
SCOPE OF SERVICES 1 SPECIFICATIONS
Dates/Times of Service. The successful proposer will be required to be open daily, Monday-
Sunday, while traditional calendar schools are out for summer (TBA). In addition, the successful
proposer must be open weekends from Memorial Day weekend through Labor Day weekend.
Times of operation 12:00pm-7:00pm (at a minimum) on all open days. Additional dates and/or
times of operation may be requested by Meridian Parks and Recreation based on activities
scheduled at the park. The successful proposer may choose to be open during dates and times
that exceed these minimums. However, hours must stay consistent through the summer. By City
Code, the park closes daily at one-half hour after sunset unless otherwise ordered or allowed by
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 10 Page 292
Item#9.
the Department Director in writing. Exceptions to the minimum dates and hours of operation may
be allowed in the event of adverse weather or other prohibitive conditions.
Additional Requirements. Upon selection, the successful proposer must:
• Have or obtain all necessary Central District Health Department permits.
• Provide a copy of their current liability insurance policy with the City of Meridian named as
additionally insured.
• Negotiate and enter into a separate, detailed lease agreement with the City of Meridian
establishing terms and conditions of operation in Discovery Park. This lease agreement will be for
a term of 3 years with two additional one-year options unless otherwise negotiated between the
successful proposer and the City of Meridian.
• Undergo and pass a criminal background check. The cost of the successful proposer's
background check will be paid for by the City of Meridian (no more than one individual).
• If employing one or more persons to work in the concession building, provide worker's
compensation insurance and require all employees to undergo a criminal background check
through the City of Meridian. The successful proposer shall not employ any person to work in the
concession building whose criminal history includes any felony or misdemeanor conviction for a
crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude.
The cost of all employees' background checks each year will be paid for by the successful
proposer. The current cost of a background check is $18.50. Provide complete sales totals to
Meridian Parks and Recreation at the conclusion of the season.
GUIDELINES 1 CONTENT
To be considered responsive, proposals should address all items identified in this section. Please
note: Some items require that the Proposer provide a detailed response and/or attachment.
Failure to provide a complete response may be grounds for rejection of proposal. Furthermore,
proposals should be prepared in such a way as to provide a straightforward and concise
discussion of the Proposer's ability to provide the services that can best satisfy the requirements
herein and the needs of CITY.
Elaborate or unnecessarily lengthy documents are discouraged. Emphasis should be
concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements
and on completeness and clarity of content.
In order to facilitate evaluation and comparison, proposals should be submitted in the format
described in this section. Format instructions must be adhered to. All requirements and requests
for information in the proposal must be responded to. All requested data must be supplied. Failure
to comply with this requirement may be cause for rejection.
Criteria necessary to evaluate the proposals in relation to the service being sought are included in
the RFP documents and will be established and weighted. At a minimum, criteria will include,
experience, references, compliance to the specifications and requirements for the service
provided that the City may use to award contracts to the Proposer it determines appropriate.
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Item#9.
SUBMITTAL REQUIREMENTS
Letter of Introduction:
Generally, describe your business experience.
Prior Concession Experience:
Summary of Experience. Provide a summary of Proposer's direct experience, which should be
a minimum of three (3) years in the past five (5) years, and qualifications managing similar
operations in the Concessions field.
Operating Plan:
Proposer shall submit an Operating Plan. All aspects of the Operating Plan, including menu,
proposed fees & schedule.
Proposed Concession Employees:
Summary of Employees' Qualifications. Each of the Proposer(s) must provide information
regarding the personnel who will participate in carrying out the terms and conditions of the
Agreement. In the event an individual has not been selected for a particular position at the time
the proposal is submitted, a listing of the experience and qualifications that will be utilized in
the selection process must be provided.
Proposed Lease Payment
Provide proposed lease payment to operate the concession stand at Tully Park as described in
this Request for Proposals. List as a percentage of gross sales.
Proposed Menu
Provide proposed product menu and proposed prices.
BASIS FOR SELECTION
This Request for Proposals will be evaluated utilizing the criteria listed below. History from the
current and previous projects and customers of the respondent may be used to evaluate
some of the criteria.
a. Prior Concession Experience (40 Points)
b. Operating Plan (25 Points)
C. The ability of respondent to independently perform the scope of work (15 Points)
d. Proposed lease payment (percentage) (10 Points)
e. Proposed menu and prices (10 Points)
BONFIRE SUPPORT
The City uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact
Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can
also visit their help forum at httpsa/bonfirehub.zendesk.com/hc
3 of 3
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Item#9.
Letter of Introduction
Daisy's Italian Ice&Gelati is a family run business in operation since 2013,being the first to bring East
coast style Italian Ice and Gelati to the Treasure Valley. We have served the local community through
the Settlers Park concession stand and fairs and festivals across the valley.We are community minded,
providing annual donations of our much-loved frozen dessert to several organizations including
Meridian Public Library, Big Brothers and Sisters of Southwest Idaho,The Dae Lou foundation and local
schools. Our unique frozen Italian Ice is homemade on site using fresh ingredients obtained locally when
available.
Our product is made from fresh fruit blended in an ice cream batch freezer that creates a frozen treat
with smooth,ice cream like consistency without the added dairy and is created in a variety of flavors
similar to snow cone flavors without the hard crunchy ice and watered-down flavor. Gelati is the
modern Italian Gelato, created for ice cream lovers by layering frozen vanilla custard with any of the
Italian Ice flavors. In addition to our specialty,we have been able to provide hot foods and other
concession items as needed to support the park.
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Item#9.
Prior Concession Experience
Daisy's Italian Ice&Gelati has managed the Settlers Park Concessions for the past 6 years, providing
frozen treats to the community as well as hot foods and various concession items as demanded by park
goers.We have shown adaptability and flexibility in our service by providing treats for movie nights over
the past 6 years as well as working with individual vendors holding events at the park to provide needed
concessions.
In addition to managing the concession stand,we have been participating in local events for the past 8
years, including the Western Idaho Fair,Canyon County Fair, Meridian Dairy Days, Kuna flays, Eagle Fun
Days, Boise Music Festival,Spirit of Boise Nite Glow, Parktacular,City of Meridian 41h of July, Nampa
Festival of the Arts, and Art in the Park.We have been invited back to these events year after year,even
being moved to a spot on the coveted "food row" at the Western Idaho Fair after our first year,a
testament to our superior, unique product and professional management.These experiences have
prepared us to manage food service in a fast-paced environment with an emphasis on quality and
consistency in our product.in addition,our ability to reach multiple people at events has helped bring
new visitors to Settlers Park who come to enjoy our Italian Ice that cannot be found elsewhere in the
area.
References:
• Bill Rapp—President Pacific Northwest National Pickleball Association;408-505-6914;
bill@sportsrappmarketing.com
• Rance Pugmire—Sr. Marketing Consultant Townsquare Media Boise; 208-794-3832,-
Rance.Pugmire@townsquaremedia.com
• Rebecca Simonis—Event Coordinator Western Idaho Fair; 208-866-3679;
rsimonis@expoidaho.com
• Renee White—Meridian Parks&Recreation; rwhite@meridiancity.org
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 14 Page 296
Item#9.
Operating Plan
Customer engagement:Over the years we have heard from customers that they were not aware of the
concession stand being open in the park.Our solution to this has been to add signage,enlarged poster
photographs of our product and Air.Our customer base is generated from park goers and as we reach
new customers at events has expanded to those who live in different areas of the valley.The uniqueness
and quality of our product has Idahoans outside of Meridian visiting Settlers Park for their favorite
summer treat.Customers receive friendly, efficient service from our employees who serve fresh,
homemade product and process the entire sales transaction at once using our Square Point of Sale
system.
Labor requirements:Over the past 6 years at Settlers,we have had a range of 5-7 employees.We can
run the concession stand with 1-2 employees on the weekdays, 2 to 3 employees on the weekends and
4 to 5 employees on Friday movie nights or during park events and sports tournaments.
Facilities requirements:The park concession stand currently contains all requirements needed to make
our Italian Ice and custard as well as hot foods that are available on weekends, movie nights, and during
events.We can store concession food items as well as utilize the dishwashing, hand washing and mop
sinks to effectively make our product and manage the concession stand.
Equipment requirements:The park contains a refrigerator that is utilized for cold storage items and one
freezer. We provide additional freezers,grill, popcorn machine, nacho heating station,and the batch
freezer needed to store and create all products sold in the park.
Schedule:We will be open weekends from Memorial Day until Labor Day and include additional
weekends before and after these dates as weather permits.We will be open daily(Sunday through
Monday) beginning in early June when local schools get out through the end of August when school
resumes. Our hours of operation will be 12pm-7pm at a minimum but will generally extend until 8pm or
9pm during summer as daylight hours increase. Movie nights we will remain open until the end of the
movie.
Proposed fees include Central District Health Food Establishment License which we have already
obtained as well as business liability insurance and Workman's compensation insurance which we also
already pay on a monthly basis.All the equipment used to make and store our products has already
been obtained and paid for.
Menu:We will always fully stock regular concession items such as soda,candy,chips,sports drinks and
water.We will also stock needed items to prepare frozen and hot foods fresh, based on demand.We
offer samples of Italian Ice to customers throughout the park and often encourage parents to purchase
Italian Ice for themselves, rather than just their kids,once they realize we are not selling the standard
snow cone.See below for our full menu.
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Item#9.
Italian Ice and Gelati menu
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smart$3.50
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Regular$S
barge$7
Frozen hlrtard
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Product details:
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I rssl t)Iroyrn dr4serI 4nnihr it)4orhri,li.nr,I irrr,ititl glim-it Irrr.t Lsr nrs nit hide
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Frozentlutard•Ilnoiter Ihdn ice creAnl but -IF I.III sA nit dr It I nits T AS[r.Rs IIIA111
iint irrih ItAlh with ItAc0r4 SISMg WvAl belie secluding Frrrrnrt[chrrrirs,lirc.dtl Grown
��,�y,�,yt+rrrir+.:uiel 4rrAwhrrrrr4.
1SPffQialt7 t➢elatis•coal aim our Ila It An Ice Jmd Irol rli custard alone:with uus Inc Iu
4t CAI Irort'n tI/'vlrri4[till tit iss lip tit1.a"hfrI F 441111f t 4.l it r.S Mork I.and Kra I time pie.
Other concession items:
Hot food items Beverages Snack items
Fresh popped popcorn$2.75 Soda(cans)$1.50 Candy(large) $1.50
Charbroiled Cheeseburger$3.25 Water Bottles$2.00 Candy(small) 3 for$1.00
Nachos with Cheese Sauce$3.00 Italian Soda$3.00 Chips$1.00
Soft Pretzel with Cheese$2.50 Flavored Lemonade-$2.50 Energy bars$2
Hebrew National "All Beef'Hot Fresh Squeezed Lemonade$2.00 Cotton Candy$2.50
Dog$2.75
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Item#9.
Proposed Concession Employees
Our primary employee is owner Julie Scarborough.Julie has been managing Daisy's Italian Ice&Gelati
for over 8 years, including the day-to-day operations,coordinating events, managing employees,
maintaining business plans and bookkeeping.Julie has a master's degree in Business Administration
along with over 25 years of experience as a project manager and people manager at Citibank.She is also
involved in community service activities including facilitating groups at her church and running a Girl
Scout troop.Julie also runs neighborhood events in her role as Social Committee President.All these
experiences enable Julie to effectively run an efficient company while managing employees to provide
excellent levels of service.
Todd Scarborough is Julie's husband and handles creating the products,stocking supplies and building
relationships with vendors and customers.Todd is the idea guy who embraced the opportunity to
introduce his favorite childhood treat to residents across the Treasure Valley. He has a bachelor's degree
in Health Sciences along with 20 years in the food industry.
In addition to Todd and Julie,over the years we have employed teens from our church,our teenage
daughter and her friends and other teens from the local community around the park.We have several
employees that return year after year when they are home from college for the summer.All our
employees have passed background checks and have extensive one on one training to be able to work in
a fast-paced environment while providing friendly,efficient service and a high-quality product.Our
selection process includes references, prior experience in customer service, particularly food service,
and experience working or volunteering with individuals of all ages.
DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page I Page 299
Item#9.
Proposed Lease Payment
We are proposing a lease payment equal to 20%of our monthly net sales to be paid on the first business
day of the following month.
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Item#9.
EXHIBIT B
PAY SCHEDULE
A. Amount. Tenant pay Rent to the Landlord in the amount of twenty percent (20%) of gross
sales taking place in the previous month.
B. When due. Tenant shall pay Rent to the Landlord no later than the tenth(i Oth) calendar day
of each month. Along with the monthly payment, Tenant shall submit a breakdown of
monthly sales totals.
C. Accounting required. Tenant shall keep a full and accurate set of books, adequately
showing gross receipts received during each month for all operations associated with this
Lease Agreement and shall, with reasonable notice,allow Landlord to inspect said books and
receipt records.
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Item#9.
EXHIBIT C
LANDLORD'S FIXTURES AND APPLIANCES
1. Three compartment sink
2. Handwashing sink
3. Mop sink
4. Water heater
5. Microwave
6. Refrigerator
7. Freezer
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