Concession License Agmt for Meridian Settler's ParkCITY OF MERIDIAN
CONCESSION LICENSE AGREEMENT
THIS AGREEMENT made and entered into this ~ ®t day of 1'~ ~ Y
2009, by and between The City of Meridian, a municipal corporation of the State of
Idaho, hereinafter referred to as "LICENSOR" and Will Loverde, dba Idaho's Five Star
Concessions, hereinafter referred to as "LICENSEE" for the purpose of operating food
concessions in Meridian Settler's Park.
WITNESSETH
For and in the consideration of mutual covenants herein contained, the parties
hereby agree as folk~w-s:
1. The LICENSOR hereby a, rq ees:
a. To permit LICENSEE to locate aself-contained concession trailer in
Settlers Park to sell food items to park users.
b. This License shall be granted for the following days only: Movie Nights
according to the Movie Night Schedule published by the Meridian City
Department of Parks and Recreation, and July 4, 2009. See Attachment
A for additional terms and conditions.
2. Term of Agreement:
The term of this agreement shall be for the days specified above and shall not
extend beyond the season ending September 30, 2009. Beginning and ending
dates shall be inclusive, unless sooner terminated as herein provided.
3. Compensation:
LICENSEE shall pay to the LICENSOR the fees set forth on Attachment B.
a. LICENSEE shall keep a full and accurate set of books, adequately
showing gross receipts received during each month for all operations
associated wkh the license agreement and shall with reasonable notice,
allow LICENSOR to inspect said books and receipt records. At
LICENSOR's request, a verified statement setting forth the amount of
gross receipts for the period for which said statement is requested shall
be provided.
License Agreement -Page 1
4. LICENSEE further agrees to:
a. Assure that the area within and immediately adjacent to use areas on
Park properties is kept clean and free of all debris and litter caused or
created by the concession operation.
b. Adhere to all applicable federal, state, city and health department laws,
ordinances, regulations and resolutions.
c. Comply with all City rules and regulations which prohibit posting of
temporary signs on park property.
5. Placement of Concession Trailer:
a. Concession trailer shall be placed in the area designated on Attachment
C.
b. Trailer shall be removed from the park each approved day at the end of
operation.
c. While moving trailer in and out of the park, LICENSEE shall exercise due
caution for the safety of park users and shall avoid damaging turF or park
property.
6. Limitations:
Seasonal vendor contracts do not guarantee participation in community or
department sponsored events and activities held within the vendor's designated
area. Event organizers will be provided a list of contract vendors and products
for consideration in their event. If selected to participate in a community or
department sponsored event, vendor is responsible for all fees and stipulations
of the named event.
7. Indemnification and Insurance:
LICENSEE 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 and other costs including Ligation costs and
attorney's fees, arising out of, resulting from, or in connection with the
performance of this Agreement by the LICENSEE, its servants, agents, officers,
employees, guests, and business invitees, and not caused by or arising out of
the tortuous conduct of CITY or its employees. LICENSEE shall maintain, and
specifically agrees that it will maintain, throughout the term of this Agreement,
liability insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars ($1,000,000)
per incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance ,
License Agreement -Page 2
in the statutory limits as required by law.. 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, LICENSEE covenants and agrees to indemnify and save
and hold harmless CITY from and for all such losses, claims, actions, or
judgments for damages or injury to persons or property and other costs,
including litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the LICENSEE or
LICENSEE's officers, employs, agents, representatives or subcontractors and
resulting in or attributable to personal injury, death, or damage or destruction to
tangible or intangible property, including use of. LICENSEE shall provide CITY
with a Certficate of Insurance, or other proof of insurance evidencing
LICENSEE'S compliance with the requirements of this paragraph and fife such
proof of insurance with the CITY at least ten (10) days prior to the date
LICENSEE begins performance of it's obligations under this Agreement. In the
event the insurance minimums are changed, LICENSEE shall immediately
submit proof of compliance with the changed limits. A copy of the LICENSEE'S
Health Department license shall be submitted to the City prior to commencing
services. Evidence of all insurance and licenses shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho
Avenue, Meridian, Idaho 83642.
8. Assignment:
LICENSEE shall not assign or sublet this Agreement, or any privileges
thereunder, either voluntarily or involuntarily, without the prior written consent of
LICENSOR.
9. Non-Discrimination:
LICENSEE, in his operation and use of the concession herein granted, will not,
on the grounds of race, color, sex, religion, national origin or ancestry, age or
physical handicap or permit discrimination against any person or group of
persons in any manner. Non-compliance with such assurances shall constitute a
natural breach of this Agreement, and in.the event of non-compliance,
LICENSOR may take appropriate action to enforce compliance, and may
terminate this Agreement, or seek judicial enforcement.
10. Default and Cancellation:
If LICENSEE is in default of any of the terms and conditions of this Agreement,
or violates any of the statutes of the United States, statutes of Idaho or any
applicable LICENSOR ordinance, rule or regulation and fails or refuses, after five
(5) days written notice to perform or correct conditions constituting such a breach
License Agreement -Page 3
or default, then this Agreement shall be deemed terminated and forfeited without
notice or demand, and all rights of LICENSOR hereunder shall be terminated.
LICENSEE shall be liable to LICENSOR for all damages and costs, including
legal expenses and attorneys fees suffered or incurred by LICENSOR in the
enforcement of any of the terms or conditions of the AGREEMENT.
11. Contract Limitations:
This Agreement shall apply to and be binding between LICENSOR and
LICENSEE only as LICENSEE's business operates within the confines of
Meridian City Park properties as approved by LICENSOR.
12. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Idaho Avenue
Meridian, Idaho 83642
Idaho's Five Star Concessions
Attn: Will Loverde
4096 W. Gillette Dr.
Meridian. ID 83642
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
13. Termination:
Ether party may terminate this agreement at any time without cause upon
providing written notice as provided herein.
14. Interpretation:
The paragraph headings used herein are for convenience only, are not a part of
this Agreement, and are not to be used in construing it. This Agreement may be
executed in several counterparts each of which shall be deemed an original.
License Agreement -Page 4
15. Modification:
There may be no modification of this Agreement, except in writing, executed with
the same formalities as this instrument.
16. 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 forfe~ure of this Agreement.
17. Aaplicable 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.
18. Indeuendent Permittee:
LICENSEE is and shall at all times be considered as an independent permittee
and is in no way an employee of the City of Meridian.
19. 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 communications, representations,
or agreements either oral or written, between the parties hereto.
IN WITNESS WHEREOF the parties hereto have subscribed their names, the
day and year first above written.
CITY OF MERIDIAN
BY:
TAMMY de WEERD, AAAYOR
IDAHO°S FIVE STAR CONCESSIONS
(m~~tl~
BY: Will Loverde
Dated:
Attest:
Dated: I~4 =2 02~ , ~ d 9
License Agreement -Page 5
JAYCEE L. HOLMAN, CITY CLERK
Attachment A
SCOPE OF SERVICES
A. Friday Movie Night Trailer Concessions:
Provide and operate 2 concession trailers during movie night
activities. Trailers are to be moved in no earlier than 4:00 p.m. on
all movie nights.
B. 4~' of July Storey Park Trailer Concessions:
1. Provide and operate two concession trailers between the hours of
12 noon to 10:30 p.m or the end of the event. Concessionaire may
not enter park prior to 11:00 a.m. on the 4~'.
License Agreemerrt -Page 6
Attachment B
PAYMENT SCHEDULE
A. Fees for the above listed trailer concession services will be paid to the City in
advance of the events on a monthly basis.
TASK DESCRIPTION AMOUNT
A• Friday Movie Night Trailer Concessions: (Per trailer per
movie ni ht $40.00
B• 4~' of July Storey Park Trailer Concessions: (per trailer) $50.00
License Agreement -Page 7
ATTACHMENT C
DIAGRAM SHOWING DESIGNATED LOCATION FOR TRAILER
License Agreement -Page 8
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