Parking Agreement - 2016 - First Baptist Church / 350 E State Street / Parking - 9/13/2016PARKING AGREEMENT
(City of Eagle/Creekside Bible Fellowship)
THIS PARKING AGREEMENT ("Agreement") is made and entered into this 6 day of
September, 2016 (the "Effective Date"), by and between the City of Eagle, an Idaho municipal
corporation ("City") and First Baptist Church of Eagle, dba Creekside Bible Fellowship, an Idaho
non-profit corporation ("Church"). The City and the Church are sometimes collectively referred
to herein as the "Parties."
WHEREAS, the Church owns real property located in downtown Eagle at 350 E. State St.,
Eagle, ID 83616, which property includes areas for parking of vehicles (the "Property"); and
WHEREAS, the City operates certain community events in the vicinity of the Property,
including but not limited to Eagle Saturday Market, Gazebo Concert Series, Night Market, and
Country Christmas (the "Events"), for which it needs additional parking for patrons and vendors;
and
WHEREAS, the Church is willing to allow the City to use a portion of the Property for
vendor and patron parking during the Events pursuant to the terms and conditions contained herein.
NOW, THEREFORE, for good and sufficient consideration acknowledged by the Parties,
the Parties agree as follows:
1. Use of Property for Parking. The Church shall permit the City to use the Property
for the City's parking needs during the Events. The Church retains priority to use the Property on
Sundays, Wednesday and Thursday evenings, and for events including but not limited to weddings,
funerals and other events. The Church agrees to provide the City with forty-eight (48) hours'
notice if it needs to use the Property for Church events that may conflict with the Events. The City
agrees to use the Property exclusively for vehicular parking for its employees, agents,
licensees/vendors and invitees/patrons during the Events. The City shall not use the Property for
other activities or events without obtaining the Church's prior written consent, which consent may
be withheld for any reason. The City agrees it will not interfere with the Church's rights to use
the Property.
2. Term. The term of this Agreement shall be eighteen (18) months from the
Effective Date, unless sooner terminated as provided herein. The Parties may agree in writing to
renew this Agreement for another period. Either party may terminate this Agreement at any time
by providing at least thirty (30) days' written notice.
3. Alterations and Improvements. The City shall not make any alterations or
improvements on the Property without the prior written consent of the Church, which consent may
be withheld for any reason.
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4. Assignment. This Agreement shall not be assigned by the City without the prior
written consent of the Church.
5. Mutual Release and Indemnification. Each party shall indemnify and hold the
other harmless from any claims by reason of death or serious injuries sustained by or property
damage suffered by any person on the Property in any manner whatsoever, unless such claims
arise from the negligence or intentional acts of a party, its employees and agents. Each party shall
indemnify the other against all liabilities, expenses, costs and losses, including reasonable
attorney's fees, arising out of or relating to the failure by either party to perform any covenant
required to be performed by said parry under this Agreement, other than such claims arising out of
intentional or negligent acts of the party, its employees and agents.
6. Corporate Authority. If any party is a corporation, each individual executing this
Agreement on behalf of said corporation represents and warrants that he/she is duly authorized to
execute and deliver this Agreement on behalf of said corporation, in accordance with the duly
adopted resolution of said corporation and that this Agreement is binding upon said corporation in
accordance with these terms.
7. Applicable Law. This Agreement is being executed and delivered within the State
of Idaho and shall be construed and enforced in all respects in accordance with the laws of the
State of Idaho.
8. Binding Effect. This Agreement shall be binding up and inure to the benefit of the
heirs, executors, administrators, successors and assigns of the parties hereto.
9. Entire Agreement. The Parties agree that the terms, covenants and conditions of
this Agreement shall supersede all prior negotiations and agreements, whether written or oral, and
that there are no other agreements not contained in this Agreement, and that this Agreement shall
be and is the final expression of the agreement between the Parties and shall control. No
modification of this Agreement shall be valid unless in writing and executed by the Parties to this
Agreement.
10. Severance and Validity. In the event any provision of this Agreement or any part
thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise
unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and
effect, and shall in no way be affected, impaired, or invalidated thereby, it being agreed that such
remaining provisions shall be construed in a manner most closely approximating the intention of
the Parties with respect to the invalid, void or unenforceable provision or part thereof.
11. Attorneys' Fees. In the event that either party hereto is required to resort to or seek
legal remedies or to incur expenses of any kind or nature in the enforcement of its rights hereunder,
then and in that event, attorneys' fees shall be awarded to the prevailing party.
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IN WITNESS WHEREOF, this Agreement is executed as of the day first above written.
CITY OF EAGLE,
an Idaho municipal corporation
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, City
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FIRST BAPTIST CHURCH OF EAGLE, d1Z
an Idaho non-profit corporation
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BIBLE FELLOWSHIP,
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