Parking Agreement - 2023 - Eagle Rodeo Inc - 8660 W Equest Lane, 8400 W Equest Lane, 4490 N Highway 16 - 5/18/2023 PARKING LICENSE AGREEMENT
This PARKING LICENSE AGREEMENT (the "Agreement"), is made and entered into between
City of Eagle, an Idaho municipal corporation (hereinafter referred to as "City"), and Eagle Rodeo, Inc.
an Idaho non-profit corporation(hereinafter referred to as "User").
RECITALS
WHEREAS, City is the owner of certain real property located on 8660 W. Equest Lane, 8400
Equest Lane and 4490 N. Highway 16 Eagle, Idaho (the "Property").
WHEREAS, City is desires to provide User with a revocable and nonexclusive license to use
certain portions of the Property as a parking lot related to User's rodeo activity on the terms and conditions
as contained herein;
AGREEMENT
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein
and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1. Incorporation of Recitals: The above Recitals are a material part of this Agreement and
are incorporated into the Services of this Agreement by reference as though they were fully set forth
herein.
2. Grant of License for Parking: City grants to User permission to use the two areas
identified and depicted in Exhibit A as Public Parking and Paid Parking (collectively the "Marked
Parking Areas") for the sole purpose of providing parking during User's Rodeo event scheduled on June
6, 7, 8, 9, 10 and 11, 2023. The license granted herein is non-exclusive, non-transferable, and subject to
all rights of the City.
3. Number of Spaces and Parking Fee: In consideration of this Agreement, User
agrees that it shall provide free public parking in the area identified as Public Parking. The Public Parking
area shall contain no more than 3325 parking spaces. The Paid Parking area shall contain no more than
1700 parking spaces.
4. Term of Agreement: The term of this Agreement shall commence on the date of the last
signature on this Agreement and shall expire on June 11, 2023
5. No Bailment: Notwithstanding any other provision hereof,the parking of vehicles in the
Marked Parking Areas shall not create a bailment between City and the owner of any vehicle parked in
the Marked Parking Areas and City shall not be responsible for loss or damage occurring on or about the
Marked Parking Areas to automobiles, vehicles or accessories, or the contents thereof, caused by theft,
collision, water, wind storm or any other causes whatsoever.
8. Traffic Control and Signage: User will be responsible for the placement and maintenance
of adequate signage at the entrance to the Marked Parking Areas noting the availability of free public
PARKING LICENSE AGREEMENT-I
parking and paid parking. Further, during and at the conclusion of each day of the Rodeo event, User
will provide trained personnel to direct traffic in and out of the Marked Parking Areas.
7. No Alternations By User: User shall make no alterations, additions or improvements to
the Property other than those approved by the City.
8. Right of Entry: City reserves the to enter the Property at all reasonable hours for the
purpose inspecting the condition of the Marked Parking Areas and associated roadways leading to those
areas.
9. Assignment or Subletting: This Agreement may not be assigned or subleased without the
express written consent of the other Party.
10. Insurance: User shall at its own expense obtain and maintain general liability insurance
with aggregate policy limits of at least one million dollars which covers the Marked Parking Areas during
the term of this Agreement.However,nothing in the foregoing or elsewhere in this Agreement is intended,
nor may it be construed that the City is liable increase the limits of liability of MDC as capped by the
Idaho Tort Claims Act or to otherwise lessen the protections afforded MDC under said Act. Within ten
(10) days of the Parties' execution of this Agreement, User shall provide City with a certificate of
insurance or other proof of insurance evidencing User's compliance with this Paragraph 11.
11. Indemnity: User hereby agrees to protect, defend, indemnify and hold harmless the City
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 against City, City's employees, representatives, and/or agents, arising out of or in relation to the
use of the Marked Parking Areas by User except to the extent (if any) such liabilities, costs or expenses
are caused by, arise out of, result from or relate exclusively to City's own negligence or intentional
misconduct.
12. Notice. All other notices required to be given by either of the Parties shall be in writing
and be deemed communicated when personally served,sent via e-mail or mailed in the United States mall,
addressed as follows:
City of Eagle Eagle Rodeo, Inc.
City Clerk's Office Attn: Tracy Baggerly
Attn: Tracy Osborn 664 S Rivershore Ln. Ste. 664
P.O. Box 1520 Eagle, ID 83616
Eagle, ID 83616 Email: tracykproaressivefs.com
clerkskcityofea Ig e_org
13. Complete Agreement: This Agreement supersedes all prior agreements between the
Parties concerning the use of the Marked Parking Areas. Any statements, representations, promises, or
inducements that are not contained in this Agreement are not valid or binding on the Parties
14. Governing Law and Enforcement: This Agreement shall be governed by and
construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of Idaho
PARKING LICENSE AGREEMENT-2
courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial
District of the State of Idaho, in and for Ada County.
15. Attorneys' Fees: Should any dispute arise concerning the enforcement or interpretation
of this Agreement, the prevailing party in such dispute shall be entitled to reasonable attorneys' fees and
costs incurred in enforcing or defending this Agreement.
16. Construction of Agreement: This Agreement shall not be construed for or against any
party based upon its preparation,but shall be construed as if all Parties, and each of them,jointly prepared
it, and any uncertainty or ambiguity shall not be interpreted against any one party.
17. Severability: If any provision of this Agreement shall be invalid, illegal,or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not be impaired or affected in
any way. Further, the Parties agree that those provisions, if any, found to be invalid, illegal or
unenforceable,shall be modified by the Court,to conform to the most expansive permissible reading under
the law.
18. Approval: The Parties each acknowledge that this Agreement, even though agreed upon
by Lessor's representatives, is not binding upon the Lessor until such time as the Eagle City Council
approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City of
Eagle.
IN WITNESS WHEREOF,the Parties have executed this agreement on May fS ,2023.
CITY OF EAGLE: EAGLE RODEO,INC.
Jason 'er e, Mayor Tracy agg
Eagle Rodeo Inc., Registered Agent
Date:
ATTEST: �—
Tracy E. sborn, City Cled o Q o
' 7 0 CIO � =
�IJ•. J
41
PARKING LICENSE AGREEMENT-3
EXHIBIT A
(Marked Parking Areas)
a
m
666
y
x
t�
I
PARKING LICENSE AGREEMENT-4