Parking Agreement - 2018 - Creekside Bible Fellowship/Parking - 6/12/2018PARKING AGREEMNT
(City of Eagle/ Creekside Bible Fellowship)
THIS PARKING AGREEMENT ("Agreement") is made and entered into this Cc2 . day of
dtkr1f..- , 2018 (the "Effective Date"), by and between the City of Eagle, an Idaho
municipal corporation ("City") and First Baptist Church of Eagle, dba Creekside Baptist Church,
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, Harvest Festival 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 Sunday, 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 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 twelve (12) 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
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.
4. Assignment. This Agreement shall not be assigned by the City without the prior written
consent of the Church.
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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 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
party 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 dully
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 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 provisions 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. Attorney's 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, Ma
ATTEST:
Sharon K. Bergmann, City Clerk/ Treasurer
FIRST BAPTIST CHURCH OF EAGLE, dba CREEKSIDE BAPTIST CHURCH, an Idaho non-
profit corporation
By:
Its: Sc Alio rt PiN rt L
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Tracy Osborn
From: jwilson <jwilson@eaglecreekside.org>
Sent: Tuesday, June 19, 2018 8:26 AM
To: Tracy Osborn
Subject: RE: parking agreement
Sounds good! I should be able to make it over there today.
---- On Tue, 19 Jun 2018 06:59:50 -0700 Tracy Osborn <tosborn@cityofeagle.org> wrote ----
Any time works. If you come to the Clerk's Office counter, I will make sure all of the folks at the front counter
are aware you will be by.
Thank you very much!
Tracy E. Osborn, CMC
Sr. Deputy Clerk/ Treasurer
City of Eagle, Idaho
660 E. Civic Ln.
Eagle, ID 83616
208-939-6813 ext. 201
From: jwilson <iwilsonCaeaalecreekside.orq>
Sent: Tuesday, June 19, 2018 7:53 AM
To: Tracy Osborn <tosborncitvofeaale.orq>
Subject: Re: parking agreement
Tracy,
john V\l i1son - Ler\--\AJ
I'll swing by City Hall to sign the document; are there particular time(s) that would work best? Are you
around during lunchtime?
1