Park Facility Use License AgreementPage 1 of 1
Tara Green
From: Steve Siddoway
Sent: Monday, March 03, 2008 11:00 AM
To: Tara Green
Cc: Tammy de Weerd; Charlie Rountree; David Zaremba; Colin Moss; Emily Kane
Subject: FW: Final draft PAL Settler's Concession Agreement
Attachments: FINAL Settlers Park Concession Building Use agreement with PAL.doc
Tara,
Attached is the final draft of the Settlers Park Concessions Building Use Agreement with PAL for the City Council
consent agenda. It has been reviewed by both legal counsel and staff. Also, t discussed the approach with Dave
Zaremba on Friday. The attached copy is unsigned; Colin is coordinating the signed copy today with PAL and will
get it over to you.
Let me know if you have any questions.
Thank you,
Steve
From: Emily Kane
Sent: Monday, March 03, 2008 9:10 AM
To: Steve Siddoway; Colin Moss
Cc: Bill Nary; Ted Baird
Subject: Final draft PAL Settler's Concession Agreement
Let me know what else you need from me, glad to help. Thanks,
Emily
Emily Kane
Deputy City Attorney
City of Meridian, Idaho
Phone: 208-898-5506
Fax: 208-884-8723
E-mail: kanee@meridiancity.org
3/3/2008
E IDIAN~
IDAHO
PARKS AND RECREATION DEPARTMEN'
dilii(iil''
PARK FACILITY USE LICENSE AGR+EFMEr
THIS AGREEMENT made and entered into this ;tl~~ij~(~tl'day'!of Marc
cc „ 'ViiE'• iljjlltl~l~
Effective Date ), by and between the City of Meridian,~ta~~mumcipal corplorfal
Idaho (hereinafter referred to as "LICENSOR") and the~1V1~E~RIDIAN POLICE
« „ r'lis1~{ ~sY~ w;
LEAGUE (hereinafter referred to as LICENSEE ,)~~for~the purpose of operati
sales in the concession building in Settlers Park, located at 3401 N. Meridian
Idaho (hereinafter "Park Concession Building").~$`~i;~~~~~ ,~+31~I+,~~'
WITNESSETH: For and in
parties hereby agree as follows:
1. The LICENSOR hereby agrees: To
Building to sell concessioiis~to park u
forth herein. ~I~~~i~~3~~~~~~~~~~~~ i''n
2. Term of Agre
Beginning and
3.
from 6:00 a.m~=
ng at any other
tute;,a breach of
:. The term.'~of €this
2008 (hereinafter
n of the State of
concessions
Ieridian,
covenants herein contained, the
to util~i:ze the Park Concession
Y
~!ibh the terms and conditions set
shall be March 8, 2008 to Apri126, 2008.
~~„~~,
dates shall'he inclusive sunless sooner terminated as herein provided.
V+~~'~~~ II~~~IIC''' 1-'~SLE~If~~~~~~t ~i{~;fTtt~{~~~'
>EE~ sli'all have access tollthe Park Concession Building only on
`'~!!lli
i mcludmg March 8 2008 and Apri126, 2008, except for March 29,
0`';6:OO~p~tm~,~,,LICENSEE shall not gain access to the Park Concession
~~~3i~i~ t~Si.ll~~
Ime: The violation of or failure to comply with this provision shall
;f11!'' vY
this;;Agreement, and may subject LICENSEE to additional civil and
'~~f'fii'.~f~~
4. Compensation~1;~~~
'w
a. Rental fee: For the use of the Park Concession Building pursuant to the terms and
conditions set forth herein, LICENSEE shall pay to the LICENSOR a rental fee in the
amount of $175.00. LICENSEE shall provide such payment in full by 5:00 p.m. on
March 7, 2D08.
b. Damages: Additional charges may apply if LICENSEE'S use of the Park Concession
Building requires services to, repairs upon, or replacement of the Park Concession
Building and/or other City property. All damage costs will be billed to LICENSEE.
PARKS FACILITY USE LICENSE AGREEMENT -PAGE 1 OF 8
5. LICENSEE further agrees:
a. Facility Regulations. LICENSEE shall comply with each and every term set
forth in the Facility Regulations, attached hereto as Exhibit A. The terms set forth
in the Facility Regulations are material to this Agreement. The violation of or
failure to comply with any term set forth in the Facility,±Regulations shall
constitute a breach of this Agreement. ~~~`''~
b. Keys. Upon LICENSEE's payment in full of tfi'e~;r>ental;{fee as set forth herein,
t~~~+)~1.! 1:. ',
LICENSOR shall issue to LICENSEE one (1)Jkey to the`Park Concession
i~ ~~
Building and one (1) key to the roll-up se'rv ce doors in the Park Concession
.~fl~`',li;;, ~~,, ~
Building. LICENSEE shall neither duplicate these keys nor cause or allow these
,~t''E~1 „~, ~t~t .,
keys to be duplicated. LICENSEE~shall provide to LICENSOR theTname and
~^~i~l1' ,~ 3 ~~,1}:,,
telephone number(s) of the personi~t~yhat shall be r~esp'onsible for these~keys.
LICENSEE shall return such keys to~''LICENSORIby 5:00 p.rn. on Apn128, 2008.
Should such keys not be~returned by tlils~~t1 erne`, LICENSOR may change the locks
.~~ ,(~ ,
and bill LICENSEE fors thecosts thereof (v,,1. I,r,a
c. Service to public. In the course o~fts~iise of the``Park Concession Building,
'{~~#!:~~ ~i1„'~;~~~1't~ ~ ~;jt~;'I~h
LICENSEE shall.not restrict sales of concessions touts members, employees,
~~Ill~s~4~4iIR1~ ~; ~1~'it ~ 'E'li ~ rj;j~~
a ents, contractors,jofficials, off cers, servants;';" ests, invitees, and/or volunteers,
g ~{~ptit~iv ~o,~llf'h ~€ #;~ ~'"t~;~
but shall'.~alilow the purchase of concessions by all park users and members of the
,e a~(,1 l~v' ~~ ,hit , ~~ k,r~~
publac~~l~~In the courseof rts use of~tfie Park Concession Building, LICENSEE shall
„~,i.li~t~, ~ '
not discount concessions sold to rts~own members, employees, agents, contractors,
officials~~~ ~fi~cers~l~lse'rv'aiits~~l~g~iests iristees and/or volunteers but shall provide a
' ~~}~~ll~?l1i1111t ~~~ ~~I~T~}~l~jllyt~~lh'3t+~~ ~ 7
~;;~~~'~1un}{fie}d concessi~#gns pricing schedule for all patrons.
tfI~F~~ti~~~lt.. ~~~~~i{fir,
6. Iri'dernnification L'I,~~ ENSEE"`and each and all of its members, employees, agents,
contractors, officials, officers, servants, guests, invitees, and/or volunteers, shall indemnify
and~s~a ;e.,and hold harrril`ess City from and for any and all losses, claims, actions, judgments
for dama es or injury to persons or property and losses and expenses caused or incurred by
LICENSEE~oriits rnember's~~lemployees, agents, contractors, officials, officers, servants,
~~~~{ ~
guests, invrtees,~iand/o~uo~lunteers, at or in its use of the Park concession building or any lack
''+lhf11 ~~~(!!(.i-''
of maintenance orreparr thereon and not caused by or arising out of the tortious conduct of
City ~~~~~~
7. No warranty: LICENSOR makes no warranty or promise as to the condition, safety,
usefulness, or habitability of the Park Concession Building; LICENSEE accepts the Park
Concession Building for use as is, both at the Effective Date of this Agreement and for each
use subsequent thereto.
8. Insurance: LICENSEE shall maintain, and specifically agrees that it will maintain,
PARKS FACILITY USE LICENSE AGREEMENT -PAGE 2 OF 8
throughout the term of this Agreement, comprehensive general liability insurance in which
LICENSOR 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, i. e., $500,000.00. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and save and hold
harmless LICENSOR; and if LICENSOR becomes liable for an amount in excess of the
insurance limits herein provided due to the actions or omissions of LICENSEE or its
members, employees, agents, contractors, officials, officers, servarifs, guests, invitees, and/or
volunteers, LICENSEE covenants and agrees to indemnify and sa~e'and hold harmless
LICENSOR from and for all such losses, claims, actions, o~~~~ud~g`rrients for damages or
liability to persons or property. LICENSEE shall provide~LI'CEN', ~S'OR with a Certificate of
Insurance or other proof of insurance evidencing LI
requirements of this paragraph. Evidence of all ins
Clerk, 33 East Idaho Avenue, Meridian, Idaho 8,3'64
of the Idaho Tort Claims Act are changed,
compliance with the changed limits.
i~ance with the
'ice shall be suli'm
In the event the in
shall immediately
d to the City
'ranee rnnirnums
~b~$mt proof of
9. Assignment: It is expressly agreed and understood'by the3parties hereto, that LICENSEE
shall not have the right to assign, traris'fer; hypothecate'; 'subcontract, or sell any of its rights
v i,~~ 1~a.1hq 4~ a 3tih
under this Agreement except upon the~~pri~oraex~press wratten,,consent of LICENSOR.
10. Compliance with Laws ~~Iniperformingathe scopfe I~of setn'i ces requrred hereunder, LICENSEE
shall comply with ally ~pphcable slaws, ord ~n ~~nc,es~ and codes~~of Federal, State, and local
governments, including, but not aimited to,,;Meridan City Code and Codes adopted
thereunder, regulations of the Central Distract Health Department, and the Idaho Food Code.
~#1r~all~ t~~ „~ ~ i~ (~~
11. Idaho Food Safety&~ Sanitation.~Certflcation:,~LICENSEE agrees that at least one (1)
«, , ~, ~ 4v' i' , ~!~{,.l~~,~
representat>we~"of LICENSEE~who has ob"tamed the Idaho Food Safety & Sanitation
~3I~~~id;9la~~l4~~a;f1'ill ii '~'(1~' +~, «
Certification frorn((,ttth[e Centyr~ail,`District Health Department (hereinafter Certified
~~Ila~$a174(a 11 S+~j11~~~lR~ Zii i~~i~
Representative) shal~~~be pres ~n~~~n the Park Concession Building at all times during which
LICENSEE is using andlor occupying the Park Concession Building. The Certified
V, i~~ r~ It la ~,
Representative shall be responsible for ensuring that all food sold and/or served from the
Park C~oricession Buildm~g~s prepared and handled in accordance with all applicable laws,
regulation's;~~~and food safety`•principles. The Certified Representative's Idaho Food Safety &
~,~~~it~
Sanitation Certificate~sha'llYbe available for inspection by LICENSOR upon request at all
''1~' ~ii'i,~a~ti~~sti3,,
times during whi~ch~{L~ICENSEE is using and/or occupying the Park Concession Building.
Upon LICENSEE's_~failure to immediately produce such Certificate upon request by
LICENSOR, LICENSEE shall discontinue operations and shall vacate the Park Concession
Building. Additionally, such failure shall constitute a breach of this Agreement.
12. Fire Inspection: Prior to use of the Park Concession Building as set forth herein, LICENSEE
shall obtain an inspection by the Meridian Fire Department for compliance with all applicable
provisions of the International Fire Code as adopted and amended by the Meridian City Code.
PARKS FACILr1'Y USE LICENSE AGREEMENT -PAGE 3 OF 8
13. Discrimination Prohibited: LICENSEE, in the operation and use of the license herein
granted, will neither discriminate nor permit discrimination against any person or group of
persons in any manner on the grounds of race, color, sex, religion, national origin or ancestry,
age or physical handicap. Non-compliance with this provision shall constitute a breach of
this Agreement, and in the event ofnon-compliance, LICENSOR shall terminate this
Agreement.
.;rr~i
14. Reports and Information: At such times and in such forms asftlie'LICENSOR may require,
LICENSEE shall furnish to the LICENSOR such documents?stat~ements, records, reports,
~I(~tti ry~1~a ~~li,
data, certification, and information as LICENSOR may request iperta~ Wing to matters covered
t i~
by this Agreement. ~ ~{~~'~ ~ ~i v;~ '~~,
atj i
r~~l~ l~~~i i.'~;,
15. Contract Limitations: This Agreement shall apply to and be binding between LICENSOR
and LICENSEE only as to LICENSEE'S achvt''es~r`elated to the use of the park ,Concession
,~
Building as approved by LICENSOR. ~i~i4~f ~Aj~"~,, ~.~1~';, ~ ~,,,';
~ ` ip'nh ~~~~ ',~v''
16. Effective Date: The Effective Date~~oiflthis Agreemerit~sha~ll be as set forth above. The parties
hereto acknowledge and agree that~time~;rs~~of the essencej~w ~th respect to each and every term,
condition and provision hereof, and ~thaf thefai.lure to hmely~}perform any of the obligations
hereunder shall constitute a breach of,~~and a defaultjunder, thiis~Agreement by the party so
failin to erform, ~ a~~ ~ ~~~~~'~~~~'~''~ '~~~'
17. Modification: There'm~~ y be n~o~modificat~ion~!of this Agreement, except in writing, executed
with the same formahtles as this instrument:~~~~;11~
18. Notices: Any and all';notices`~regiir'edit`o~Ebe,giveri~by either of the parties hereto, unless
otherw-is~e`~stated m this'~a~gr~e~ement, shall'tie~i'ri~~writing and be deemed communicated when
mailed~ri~the zUnted~.States~~mail, certified, return receipt requested, addressed as follows:
Cfy~olf Meridian "6~
Attri~~jP`arks and Recrea
33 E. Id~aho~Avenue
Meridian,iId~aho 83642
Meridian Police`~A~cti~ites League
.~~~i~~
Attn: Commissioner
250 N. Baltic Place, Suite A
Meridian, Idaho 83642.
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
19. Grounds for termination. Grounds for termination of this Agreement shall include, but
PARKS FACn.rrY USE LICENSE AGREEMENT -PAGE 4 OF 8
shall not be limited to:
a. An act or omission by either party which breaches any term of this Agreement.
b. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party.
c. A change in circumstances that renders the performance by~et~ler party a detriment to the
public health, safety, or welfare. ~ft~';~i'j~'';J;'
20. Default and Breach: If LICENSEE is in default or
of this Agreement, or violates any applicable law, o
Agreement shall be deemed terminated and forfeite
~;~ ~~
shall be found in default or breach, and all rigl'ts,,of
terminated. Upon default, breach, and/or terriiia~t,ic
LICENSOR for all damages and costs, includmgilej
incurred by LICENSOR in the enforcement of any c
.Ai`"a,~
AGREEMENT. This provision shallfbe~deemed to
and shall survive any default, termination` or ~forfeih
~~~1 ~I~~ ~'•: ~,~,;~~i
breach of any'of the terms and conditions
"finance, rule or re'gul~ation, then this
~!`jlt~~ ;Ilglli ]
i:'without notice or demand, LICENSEE
. af,,f~~
LICENSEE hereunder sl;all`,be
~n, LICENSEE shall be habl"eY~to
gal expelses and attorneys fees suffered or
ffithe~;terms or conditions of the
beI'a~,sheparate contract between the parties
21. Termination by MutualljAgr~eement. ~~,~fiis Agreement may be terminated at any time upon
the mutual written agre`emerit;of~the parties, ~ , `u~~~~;,,~'
,q ;~~
22. Exhibits: All exhi~bifs• to this Agreement are~in"corporated by reference and made a part of
this A Bement as~~if the exhibits;were set forthi~n their entirety in this Agreement.
~' vs , .
( i yt f
,. ntr; ~ ~. 1) tl; l N i ~ '.;~~ ~' liiif ~R1 ~,
23. Independentf#Licensee ,I;I ~»ENSEE Is a'ri~d shall at all times be considered an independent
'lll~;;l,; t ~ lljt~li ~~ a3 ~~"if411(j,
licenseeland is m~ no; way an ;employee or independent contractor of the City of Meridian. The
selection and designation of the;personnel and resources to be employed by LICENSOR in
the'~performance of its oblgations~~under this Agreement shall be made by LICENSOR.
`S;3!' I S Mai;"
24. Construc~~ti~on and Seve>~ability: If any part of this Agreement is held to a inva~ i or
fill
unenforceable;,,such holding will not affect the validity or enforceability of any other part of
~l#;~~~ h .~ l1l~lli}
this Agreement;~so~lorng~~as~the remainder of the Agreement is reasonably capable of
completion. ~stl~i;;~~~,
25. Entire Agreement: This instrument embodies the whole Agreement of the parties. There are
no promises, terms, conditions, or obligations other than those contained herein, and this
contract shall supersede all previous conununications, representations, or agreements either
oral or written, between the parties hereto.
26. Non-waiver: The 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
PARKS FACILITY USE LICENSE AGREEMENT -PAGE 5 OF 8
thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time
after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
27. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
. r~,
~;~~ ji~i{~- .
28. Approval Required: This Agreement shall not become effectiw~ „or binding until approved
by CITY. ~~~d'~'i~'~t;~.
~~i~~~~~{'i l l ~ d'ild ~i~
IN WITNESS WHEREOF, the parties hereto have subscribed tlie>;r~;names, the day and year
first above written.
LICrE~NS'EE ~I' ;;;;"~;,,~
{~ i~ , ~~, ~By Tom'Roy, Commissioner
d~33,'+id `' ' `'i~?i~~~~.,jMeridi4andP~~o{;lice Activities League
ll, Ad 'j 1..~I'~ ~'1 i~ .t__ i i jihd
~~I 111 ill~il ~~~~1~ V !~ d ~~~
~~~ 'i ~,
s (j ~d~li ~ ~ 1i i 1il
'~, ~i:_ ~~.., ~~ ~, . .CITY~,QF MER'IDI'AN
}~1~ i
I (i ~~~~, ~dd~l~i~ d.I:~~L
~,
~ ~~;i,;~~ ~~~_' ~d ;1~~~~nl{'~1,;By,. Tammy de Weerd, Mayor
PARKS FACILITY USE LICENSE AGREEMENT -PAGE 6 OF 8
EXHIBIT A
FACILITY REGULATIONS
SETTLERS PARK CONCESSION BUIL
.fAin~''SL,'~
~.
.,~
1. As to each and every use of the Park Concession Bui
shall adhere to each and all of the following regulatic
a. LICENSEE shall not use the popcorn
b. LICENSEE shall not pour carbonatedi'or''otl
without immediately running wat r~~nto the
c. LICENSEE shall not allow cooking greasf
drain at the Park Concesson,Building any
cooking grease or charcoah'i~n~~the.garbage,
~~ ,t ,, v ,~ ,~(~~~ ~~~
container rather than placmg,it directly,int
`ti~~~,;, •~>,,,,;;~~tir
l~~,i~, a. ~i,~ :
G
.SEE, LICENSEE
,.~~ ~~~ 3 ~~.
Is: ~~i1 a~E ~
r i ~~~ ,~ ~~, ~,~~~.
~~~~~~ vii,l, ~~.
~' ~~~'~
~~i, ,t~
~: };i~~
~~ ~, ,,~.
.``; i~i~`,.
acidic liquids down the sink drain
~in~for at least thirty,~(3~0) seconds.
~~;; ~,
~1%arcoal to be dumped down any
n at Park. Before disposing of
E~NSEE shall place it in a separate
d. LICENSEE~shaTl~'not sell any;'alcohol";or'tobacco,'tproducts.
2. At the conclusionrof each and every uses+of~the Park Concession Building by LICENSEE,
LICENSEE'~sli~all: ,~' ~ '~ ' ~~ ~~~~
~3it ! jf }~ ~ ~~7~`r y i;~ ~~
a(. Secure and lock alhrexits and accessypomts to the Park Concession Building,
,,~!~1 I~i~ lti~ flR'?i ~ X31 3~ SI31"~ ~iR ~, (, j
,,~1~ ~Ij, ~mc~ludmg, but~not necessarily llmited to, the main door and the roll-up service
,.~t~
i ~,
f~ ~~tl ~ doors ~'~~~`i1'~ `i~ ! ?~,
~ ~~~ i ;~i~fi '~
~~, ~, ~~
+~~ ,3)w `~~~! ,~1 } ,~I~ii 1~
'~~~~~"~ rb. Remove all'~items brought by or belonging to LICENSEE from the premises,
~ ~~~ ~~t~ ~i~
v,~~~ ~`, including both the refrigerator and freezer. Nothing maybe stored in the Park
~ ~i~{Concession Building while the Park Concession Building is not being actively
~us~ei:,to sellPco~nscessions.
c. Empty~t';he~trash cans inside the Park Concession Building and remove the garbage
from the Park premises.
d. Mop the floors inside the Park Concession Building.
e. Wipe the counters and tables inside the Park Concession. Building.
3. During and at the conclusion of its use of the Park Concession Building, LICENSEE shall
insure that the area within and immediately adjacent to the Park Concession Building is
PARKS FACILITY USE LICENSE AGREEMENT -PAGE 7 OF 8
kept clean and free of all debris and litter caused or created by the use of the Park
Concession Building and/or sales of concessions therefrom.
4. Except as expressly set forth herein, LICENSEE shall not place banners or signs of any
kind in the park or upon park facilities including upon the exterior of the Park Concession
Building. LICENSEE shall not affix banners and/or signs to park trees, shrubbery, or
facilities by any means. LICENSEE may affix temporary signs~`upon the interior of the
Park Concession Buildin to identi Its use menu and ~
g fY ~ p ~~~e
LICENSEE affix such signs in a manner that is difficult.to,re'r
,~~ ~~ ,tt,~,3
Concession Building surface, damaging to the structure~,or fixi
Concession Building, unsafe, and/or hazardous. ' y~~~~~~ {
t =C~~'~
~f~l~ ~,~~~f'~~~hl
`i~'t~ti ~''-i
,~
++'~ x~
~,
ti ~il
n"ti~l, il'
~i1 •;lii~l'~t
''~~f ~Ilf;;"
. I(~ iril
`V{~ ~, ~I `ir ~~I,r
~~~, .A
~'''~'^ 1 jai+~'e~~~~~;; ,.
~li';~~r;;~'~~~, '~~';J~~.~.~~
{ ~~
•~tlr; •• ~;, I,,, ' L'
.~1i~1 111 lt;,, ~ r ii. P~
~I~~ ~ll~ y l~ r~rin ~~',i ,
~i ~ I .
,~, , i ~l ~ ~,l1 +',
d~~~~'~~',1~' ~ ~~
1 ''I
~, ~, I.
v~l~ j ~ I
1 {1 ~ 1 ~ ~'. f3 r .
~`'~Ili~ ~ ~~}'iitll I~liil~ ~~~ ~i~'~ .
r,._.
r~ l~~~ttr
t _ f.
~,'r.
~tfj'~~iit
yyv~l~ill\r•
`` i {'
t ~~ri
~~ ~~ •~"
in no event shall
damaging to any Park
of the Park
,ti~l+j~~~~ ~~
Zi
~`',
\l~~~i
PARKS FACILITY USE LICENSE AGREEMENT -PAGE 8 OF $