Resolution - 2016 - 16-06 - Termination Of Concessions Agreement - 01/12/2016RESOLUTION NO. 16-06
A RESOLUTION APPROVING THE TERMINATION OF THE CONCESSIONS AND
EXCLUSIVE USE AGREEMENT FOR RECREATION AT EAGLE /ADA PARK BY
AND BETWEEN THE CITY OF EAGLE AND EAGLE SUPERPARKS, LLC, AS
AMENDED, AND AS APPROVED IN RESOLUTION NUMBER 13 -18A;
AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE
AND ATTEST SAID TERMINATION AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle desires to terminate the Concession and Exclusive Use
Agreement between the City of Eagle and Eagle Superparks, LLC, dated October 9, 2013, and
adopted in Resolution Number 13 -18A (the "Agreement"); and
WHEREAS, Eagle Superparks, LLC, desires to the terminate the Agreement; and
WHEREAS, the City of Eagle and Eagle Superparks, LLC, agree that the Agreement
shall be terminated pursuant to that portion of section 2.3(f) in the Agreement that reads, "[I]f
Licensee desires to terminate without cause, or Licensor terminates for cause, Licensor may at its
sole option, enter into another agreement or operate a similar facility at any location within the
Eagle City limits."
NOW, THEREFORE, BE IT RESOVLED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE CITY, IDAHO:
Section 1. That the Agreement is hereby terminated as set forth in the Termination
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 termination letter 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, this /.? day of January, 2016.
APPROVED by the Mayor of the City of Eagle, Idaho, this Z�?&. day of January, 2016.
APPROVED:
JAMES D. REYNOLDS
MAYOR 0 BqG;�•..
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SHARON
CITY CLERK
TERMINATION AGREEMENT
THIS TERMINATION OF AGREEMENT ( "Termination") is made and entered into as
of this /.2)A day of January, 2016 (the "Effective Date "), by and between the CITY OF
EAGLE, an Idaho municipal corporation ( "Licensor "), and EAGLE SUPERPARKS, LLC, an
Idaho limited liability company ( "Licensee ") (collectively, the "Parties ").
WHEREAS, the Parties entered into that Concession and Exclusive Use Agreement on
the 9a' day of October, 2013 (the "Agreement "); and
WHEREAS, the Parties desire to terminate that Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein and for
other good and valuable consideration, the Parties agree as follows:
1. Termination. The Parties hereby terminate the Agreement pursuant to paragraph 2.3(f) of
the Agreement, effective as of the Effective Date. The Parties agree that termination of the
Agreement is in the best interest of both Parties and, except as provided in paragraph 2, herein,
neither party shall owe the other party any cancellation penalty, fee or other remuneration,
including the penalties set forth in paragraph 4.2(e) of the Agreement. The Parties agree that
Licensor may, in its sole discretion, enter into another agreement or operate a similar facility
within Eagle City limits.
2. Licensee Obligations. Licensee shall remit to Licensor the sum of one hundred ninety
five dollars and twenty five cents ($195.25) incurred for incidental site work required after
Licensee removed his equipment from the property. All amounts not paid by Licensee to
Licensor within thirty (30) days of the Effective Date shall bear a service charge at twelve
percent (12 %) per annum. Past due amounts shall be subject to a minimum administrative
charge per month which shall cover the costs of handling in the amount of twenty -five dollars
($25). Licensee agrees that it shall pay and discharge all costs and expenses, including
reasonable attorney's fees, incurred or expended by Licensor in collection of any delinquent
amount due.
3. Licensor Obligations. Upon receipt of the sum set forth in Section 2, above, Licensor
shall cause the release of Licensee's Letter of Credit.
4. Indemnification. Section 6.1 of the Agreement, Indemnification, shall survive
termination of the Agreement.
End of Termination Agreement
[Signatures on following page]
IN WITNESS WHEREOF, the Parties have subscribed their names the date first written above.
Licensor
City of Eagle
James D. Reynolds
Mayor
ATTEST:
Sharon K. Bergmann
City Clerk
Licensee
ARKS, LLC
Industries, Inc.
Member-
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County of Ada )
I, o a Notary Public for the State of Idaho, do hereby certify that
Ryan eptune, personally appeared before me, and signed same as the Member of Eagle
Superparks, LLC, a limited liability company organized under the laws of the State of Idahc
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