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Parking Agreement - 2024 - Eagle Rodeo Parking License Agreement - 4/23/2024PARKING 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 as well use of the Barn 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 areas identified and depicted in Exhibit A as Parking Lot A, Parking Lot B, and Parking Lot C (collectively the "Marked Parking Areas") for the sole purpose of providing parking during User's Rodeo event scheduled on June 5, 6, 7, and 8, 2024 (the "Rodeo Event"). The license granted herein is non-exclusive, non -transferable, and subject to all rights of the City. Event: 3. User's Obligations Prior To Rodeo Event: User will do the following prior to the Rodeo a) User shall erect and have in place during the days of User's rodeo a temporary fence along the eastern and southern parking area of the Property generally identified and depicted in Exhibit B attached hereto. User shall ensure that the temporary fencing complies with all Federal, State and local regulation including, but not limited to, Eagle City Code. User will have the temporary fencing erected no later than May 24, 2024. The temporary fencing is to be removed no later than June 21, 2024. b) User shall obtain and provide the City with a copy of all approvals and permits from Idaho Transportation Department, Star Fire District, Eagle City Police, and City of Eagle ("Agency") approving User's rodeo event and parking. Approvals must be received by the City no later than May 8, 2024, unless additional time is requested by an Agency. If User fails to provide an approval and/or permit from an Agency, this Agreement shall PARKING LICENSE AGREEMENT -1 automatically terminate and any license granted under this Agreement shall be deemed rescinded by the City. c) User will provide City with a signage plan marking areas where signs reading "Rodeo Full" will be displayed notifying the public of the status of the parking lot. The signage plan shall be submitted to the City no later than May 8, 2024. d) User will cause to have repaired all unpermitted electrical modification(s) on or near the house and Barn structures that were done last year by User and return them to the original condition. User shall submit for an electrical permit and receive all required inspections and approvals. e) User will meet with City and Agency representatives on the Property daily during the Rodeo Event at 11:00 a.m. to discuss matters such as traffic control, traffic enforcement attendance, and Property use issues. 4. Traffic Control and Signage: User will be responsible for the placement and maintenance of adequate signage at the entrance to the Marked Parking Areas. User shall mark off rows for parking using a T-Post, twine and flags. 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. 5. User's Obligations After Rodeo Event: After to the Rodeo Event, User will do the following: a) At the end of User's rodeo event, User shall grade, repair, and otherwise restore the Property in a condition that will comply with Eagle City Code Title 1IA' s hillside and grading standards as well as comply with the City's floodplain permit. b) User will submit an engineering report from an Idaho licensed engineer to the City engineer setting forth compliance with Title 11A's hillside and grading standards and floodplain permit. c) User, City and Agency representatives will meet at the Property no later than two weeks after the Rodeo Event to conduct a post event meeting. 6. Bonding: User shall obtain and maintain during the term of this Agreement a permit bond in the amount of $460,000 Dollars to ensure User's obligation to perform Paragraph 5(a) and (b) above. The bond shall be in a form acceptable to the City and issued by a surety licensed to do business in the State of Idaho. User shall deliver the bond to the City on or before May 24, 2024, or prior to commencing work. 7. Grant of License to Barn: During the term of this Agreement, User is permitted to store its personal property such as tools, vehicles and equipment in the Barn. Further, City permits User to use the electricity in the Barn for any purpose incidental to the storage of User's equipment such as charging User's radios. Use of electricity in the Barn shall be for no other purpose. Prior to using the electricity in the Barn, User must first comply with Paragraph 3(d) above. PARKING LICENSE AGREEMENT - 2 8. Attendance & Ticket Sales: User will cap attendance at 4,500 per night and will not have gate ticket sales on Saturday night. 9. Term of Agreement: The term of this Agreement shall commence on the date of the last signature on this Agreement and shall expire on September 1, 2024. 10. No Bailment: Notwithstanding any other provision hereof, the parking of vehicles in the Marked Parking Areas and the storage of User's personal property in the Barn 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. Further, User's personal property stored in the Barn shall be at the sole risk and loss of User and City shall have no responsibility or liability for any loss or damage to User's personal property caused by theft, collision, water, wind storm or any other causes whatsoever. 11. No Alternations By User: User shall make no alterations, additions or improvements to the Property nor any structure located on the Property other than those approved by the City in writing. 12. Right of Entry: City reserves the right 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 as well as inspection of the Barn. 13. Assignment or Subletting: This Agreement may not be assigned or subleased without the express written consent of the other Party. 14. 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. The general liability insurance policy shall name City as an additional insured. 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 14. 15. 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. PARKING LICENSE AGREEMENT - 3 16. 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 mail, addressed as follows: City of Eagle City Clerk's Office Attn: Tracy Osborn P.O. Box 1520 Eagle, ID 83616 clerks@cityofeagle.org Eagle Rodeo, Inc. Attn: Tracy Baggerly 664 S Rivershore Ln. Ste. 664 Eagle, ID 83616 Email: tracy@progressivefs.com 17. 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 18. 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 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. 19. 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. 20. 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. 21. Severabilit_y: 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. 22. Approval: The Parties each acknowledge that this Agreement, even though agreed upon by City's representatives, is not binding upon the City 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. PARKING LICENSE AGREEMENT - 4 DocuSign Envelope ID: A2FB0F98-46F1-4EC3-A211-4D69D82A0ACD IN WITNESS WHEREOF, the Parties have executed this agreement on April , 2024. CITY OF EAGLE: Brad Pike, Mayor ATTEST: LK-) Tracy E.sborn, City Clerk J EAGLE RODEO, INC. DocuSigned by: bayptil Tracyp �g�r y ••� ,c.I OI/. Eagle Rodeo Inc., Registered Agent '.•'•''Date; 5/3/2024 L ,c. • •i �• Jam' AORAlE��, . PARKING LICENSE AGREEMENT — 5 PARKING LICENSE AGREEMENT - 6 Exhibit A: 2024 Eagle Rodeo Parking ti 0 300 600 mmuireet Rodeo Areas ?7 Parking Lot A V!/. Parking Lot 3 [77 Parking Lot C n Existing Rodeo Lease • Let Cornea Points Generated: 4/9/2024 "ME CITY OP EAGLE 0 Lot A NW Corner MN corne of Lot A - W. entry gate post 1 Lot A SW Corner (M) 2 Lot A SE Corner 3 Lot A NE Corner 4 Lot C SE Comer (M) 5 Lot B SW comer 6 Lot B SE Corner (Idaho Poer above ground utility post) 7 Lot B E Side T-Pole (Idaho Poer above ground utility post) 8 Lot B NE Corner 9 Lot B NE Edge 10 Lot B NW Edge 11 Lot B NW Comer (s.of storage container) 12 Lots B & C Meeting Point (Driveney for 13 Lot C NW Corner (M) 14 Lot C SW Corner (n. Side of Equest Lane and driveway) 43.7331924 -116.4614298 43.73211579 -116.4614064 43.73298578 -116.4595587 43.73316319 -116.4592705 43.73327951 -116.4588112 43.73370902 -116.4587399 43.73399055 -116.4573559 43.73563237 -116.4568595 43.73594187-116.4568452 43.73653626 -116.4575846 43.73643153 -116.4581449 43.7356238 -116.4581922 43.73561495 -116.458824 43.73481981 -116.4605557 43.73326946 -116.4605987 parcel# & Addresses: &asting Lease 8660 W. Equest Lane Parking Area A Portion of Parcel #:S0333120700 (4490 N Hwy 16) Parking Area B Portion of Parcel #5038449900 & Portion of Parcel #R3314130400 (8285 W. Equest Lane) Parkign Area C: Portion of 8400 W Equest Lane Parcel#:R3314130300) PARKING LICENSE AGREEMENT — 7 8- 1N3W33119V 3SN3D11 9NIMUVd Red likes ;ndrate where crain link fence will be installed to contain t yrnrrni public. Chain ink wil either be rulls attached as T-posts or panels. Exhibit B: Marked Fence Areas 0 300 600 Feet Rodeo Fence _ G.re Fence Generated: 4/9/2024 THE CITY OF EAGLE