Parking Agreement - 2020 - Eagle River - Temporary Overflow Parking Agreement - 6/29/2020PARKING AGREEMENT
THIS PARKING AGREEMENT (this "Parking Agreement"), is made and entered into
this 'L.3 day of TJ -n , 2020 ("Effective Date"), by and between Eagle River L.L.C., an
Arizona limited liability company qualified to do business in Idaho ("Licensor"), and the City of
Eagle, Idaho, a city within Ada County, Idaho ("Licensee")(collectively, the "Parties").
RECITALS
A. Licensor is the owner of that certain real property depicted on Exhibit A, attached
hereto and made a part hereof, wherein references a temporary parking area.
B. Licensor and Licensee desire to enter into this Parking Agreement so that Licensee
may provide the public with a non-exclusive parking area during events only ("Temporary
Parking Area").
C. Licensor grants Licensee the requested permission on and subject to the terms and
conditions set forth below.
AGREEMENT
1. Agreement Term. This Parking Agreement shall commence on Effective Date
and shall continue until either Parties request in writing termination. Either party shall provide at
minimum thirty (30) days written notice of termination of agreement.
2. Agreement. Licensor hereby grants Licensee, without charge, permission to allow
the public ("Licensee's Permittees") to enter upon the Temporary Parking Area for events at
Merrill Park.
3. Licensee and its members, managers, agents and guests shall comply with the Event
Rules and Regulations attached hereto (Exhibit B) and by this reference incorporated herein while
the Licensee, their employees, agents, performers, or attendees are on properties owned by the
Licensor, as stated herein.
4. Licensee shall provide, at its sole cost and expense, any of the following items
required for the Event:
a. The removal of any trash within the Eagle River Development.
b. The removal and re -installation of any fencing required in order to access the
Site.
c. Procurement of security personnel as reasonable and necessary to control
traffic, parking and the protection of property within the Eagle River
Development and access site.
5. Indemnity. To the extent permitted by law, Licensee hereby agrees to protect,
defend, indemnify and hold harmless Licensor, Licensor's members, or agents, from and against
any and all liabilities, costs and/or expenses including, without limitation, reasonable attorneys'
fees, in connection with damages, losses, injuries, and/or death to persons which may be asserted
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against Licensor, Licensor's members, employees, representatives, and/or agents, arising out of
or in relation to the use of the Temporary Parking Area or the access thereto by Licensee or
Licensee's Permittees, except to the extent (if any) such liabilities, costs or expenses are caused
by, arise out of, result from or relate exclusively to Licensor's own negligence or intentional
misconduct.
6. No Waiver. Any indulgence granted by Licensor to Licensee shall not constitute
or be considered a waiver of Licensor's rights under this License Agreement to insist upon strict
performance of any term hereof.
7. Termination. Upon termination or revocation of this Parking Agreement,
Licensee's and Licensee's Permitees' rights permitted hereby shall immediately cease. The rights
and remedies herein contained and reserved to Licensor shall not be considered exclusive of any
other right or remedy of Licensor, but shall be construed as cumulative and shall be in addition to
every other remedy now or hereafter existing at law, in equity or by statute.
8. Miscellaneous.
(a) Entire Agreement. This Parking Agreement embodies the entire contract
between the Parties hereto with respect to the subject matter hereof. Any waiver, consent,
modification or amendment to this agreement shall be in writing and signed by each of the parties
hereto.
(b) Captions. The captions at the beginning of the several paragraphs,
respectively, are for convenience in locating the context, but are not part of the text.
(c) Invalid Provisions. In the event any term or provision of this Parking
Agreement shall be held illegal, invalid or unenforceable or inoperative as a matter of law, the
remaining terms and provisions of this Parking Agreement shall not be affected thereby, but each
such term and provision shall be valid and shall remain in full force and effect.
(d) Governing Law. This Parking Agreement shall be governed by the laws
of the State of Idaho, without regard to conflicts of laws principles.
(e) Authority. Each party represents to the other that it has authority to execute
this Parking Agreement and to perform all of the terms and conditions required of them as provided
under this Parking Agreement.
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IN WITNESS WHEREOF, the parties have executed this Parking Agreement as of the
date first above written.
LICENSOR: LICENSEE:
Eagle River L.L.C., an Arizona Liability company City of Eagle, Idaho
qualifieddo business in o
By: By:
Ennis Dale, Senior Vice President/General Jasonn rce, Mayor
Counsel
ATTEST:
Sharon
ergthann. City Clfrk
STATE OF IDAHO )
ss.
County of Ada )
On this 26i day of 'J'J!v U , 2020, before the undersigned notary public in
and for the said state, personally appeared JASON PIERCE, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
�v
•�NOTAR l• •'��:
S
UB LtC
Notary'Public for Idaho
Residing at: Gatl•, F'(U
My Commission Expires: 2-i 2.i4lZ025
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County of Ada
STATE OF IDAHO )
: ss.
)
On this day of 2020, before me personally appeared
known to me and known by me to be the person who executed the above instrument, who, being
by me first duly sworn, did depose and say that he/she is the , and
that he/she executed the foregoing instrument on behalf of said firm for the use and purposes
stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
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EXHIBT B
RULES AND REGULATIONS
1. Licensee shall comply with all applicable laws, regulations, ordinances or codes of any
governmental authority having jurisdiction over the Event, the Site or the Eagle River
Development.
2. Security shall be provided by the Licensee as required by Licensor.
3. Items related to the Event not removed from the Site or the Eagle River Development as
required may be considered abandoned, may be placed in storage, or disposed of by
Licensor at Licensee's cost and expense.
4. The height, sound level, location and placement of the Site and the Event shall be subject to
the right of quiet enjoyment of the owners and tenants of the Eagle River Development and
the Event shall not impede the free flow of pedestrian and vehicle traffic throughout the
Eagle River Development.
5. The Licensor may prohibit, remove or relocate, at Licensee's sole cost and expense, any
portion of the Event which in its discretion is not in keeping with the character of the Event
or the standards of the Eagle River Development, or is in violation of any law.
6. Any and all event materials distributed by Licensee to Eagle River Development tenants or
guests must be approved by the Licensor prior to such distribution, which approval shall be
subject to revocation.
7. Licensee shall only display temporary signage on the day of the event to provide directions
to guests.
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