Resolution - 2014 - 14-20 - Approve A Contractual Addendum Of The Concessions And Exclusive Use Agreement For Recreation At Gateway Park By And Between The City/Eagle Superparks - 09/26/2014 RESOLUTION NO. 14-20
BY THE COUNCIL: BUTLER, DEFAYETTE, KUNZ,
RIDGEWAY
A RESOLUTION APPROVING A CONTRACTUAL ADDENDUM OF THE
CONCESSIONS AND EXCLUSIVE USE AGREEMENT FOR RECREATION AT
GATEWAY PARK BY AND BETWEEN THE CITY OF EAGLE AND EAGLE
SUPERPARKS, LLC; AUTHORIZING THE MAYOR AND CITY CLERK TO
RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the CITY OF EAGLE desires to enter a contractual agreement with
EAGLE SUPERPARKS, LLC; to modify, clarify, and amend the Concessions and Exclusive
Use Agreement to provide reasonable specificity and promote the relationship between the
parties;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF BOISE CITY, IDAHO:
Section 1. That the "ADDENDUM A" OF THE CONCESSIONS AND EXCLUSIVE
USE AGREEMENT, attached hereto and incorporated herein by reference, be, 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 Addendum for and on behalf of the City of Eagle, Idaho.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Council of the City of Eagle, Idaho, thisak day of September, 2014.
APPROVED by the Mayor of the City of Eagle, Idaho thisc2. day of September, 2014.
APPROVED: ATTEST:
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Concessions Agreement
City of Eagle and Eagle Superparks, LLC.
ADDENDUM A
City of Eagle, an Idaho municipal corporation, ("Licensor"); and Eagle Superparks, LLC.
("Licensee")hereby agree to modify, clarify and amend the Concession and Exclusive Use
Agreement("Agreement") entered into on October 9, 2013, in accordance with the terms below.
1. PARTIES.
Licensor: CITY OF EAGLE.
The contract administrator shall be the Mayor of Eagle or his/her designee.
Licensee: EAGLE SUPERPARKS,LLC.
The parties agree that Licensee may operate with the consent of the Licensor
under the d/b/a of"Gateway Goodies,"or other commercial name(s)of related
entities,provided that Licensee agrees that any such d/b/a entity shall be
considered an agent, contractor or subcontractor of Licensee for purposes of
Section 6.1 of the Agreement.
2. PERFORMANCE BOND TO BE POSTED.
Licensee shall post with the Eagle City Clerk the Fifteen Thousand Dollar
($15,000.00) performance bond or other form of acceptable financial instrument
described in Section 4.5 of the Agreement within ten (10) business days after
approval by the City Council of engineering plans for Licensee's project.
3. LIABILITY INSURANCE.
Licensee shall maintain the liability insurance coverage described in Section 6.2
of the Agreement; however, Licensee shall not be required to carry Ada County as
an Additional Named Insured on the $5,000,000.00 umbrella policy. The parties
shall review the Concession Agreement to contemplate reducing the general
liability/umbrella limits.
4. WORKERS COMPENSATION INSURANCE.
The parties agree that Licensee shall provide such coverage in the statutory limits
required by law for any and all persons in its employ from July 3, 2014, forward
whenever Licensee has employees working at the Sports Park, as described in
Section 6.3 of the Agreement.
5. ADDENDUM CONCLUSION.
The terms of this Addendum A are to further the intent of the parties in providing
a snow terrain park to the Eagle park system. Any provision,term or condition of
the Agreement herein modified or amended by these terms is superseded. All
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Page 2 of 2
Concessions Agreement
City of Eagle and Eagle Superparks, LLC.
other provisions of the Agreement not in conflict with this Addendum A shall
remain in full force and effect.
LICENSOR
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Mayor
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Sharon K. Bergmann ''.••, OF NV./
City Clerk for the City of Eagle,Idaho • •### e•••'�
LICENSEE
EAGLE SUPERPARKS,LLC.
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By: '7.'t NEPTUNE Date
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