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Park Vendor Agreement - 2024 - Guerber Park - 5/17/2024MUNICIPAL PARK VENDOR LEASE AGREEMENT THIS LEASE AGREEM NT (hereinafter referred to as the "Agreement") is made and entered into this 17 day of , 2024, by and between the City of Eagle, an Idaho municipal corporation ("City") and Ch. 1 Time, LLC dba Chill Time 208, owner Stacey Kratkin, 2038 North Tarentaise Avenue, Middleton, Idaho 83644 ("Lessee"). WHEREAS, the City is the owner of Stephen C. Guerber Park located at 220 East Hill Road, Eagle, Idaho 83616 ("Park"); and WHEREAS, Lessee is the owner and operator of Chill Time, LLC, a food service business selling ice cream and other food concessions; and WHEREAS, the Parties desire to enter into an agreement for the lease of certain property located at the Park under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the City and Lessee agree as follows: 1. Term. The term of this Lease Agreement shall be from June 1, 2024, to September 30, 2024 ("Summer Months"). 2. Renewal. This Agreement may, at the sole discretion of the City Council, be renewed for no more than two (2) consecutive Summer Month terms, providing that the Lessee has fulfilled all requirements outlined herein. Each lease agreement renewal will be placed on a regular Council agenda, and if approved, an addendum shall be fully executed within thirty (30) days following City Council approval. In the absence of such Addendum, the Agreement shall terminate as provided herein and a new lease may be made available to other vendors at the City's discretion. 3. Licenses and Permits. Lessee shall apply for and obtain a Temporary Merchant's License from the City of Eagle prior to its operation at the Park. The Permit Fee associated with the Temporary Merchant's License is waived, however fees associated with bonding and background check remain per Eagle City Code Title 3 Chapter 4. Lessee understands and agrees that a violation of its Temporary Merchant's License during the Term may be deemed by the City as a material breach of this Agreement for which the City may terminate this Agreement. 3.1 Building, Electrical, and Planning and Zoning Approvals. Lessee shall obtain all required approvals for its food concession structure prior to issuance of its Temporary Merchant's License, and shall provide proof of permits and inspection approval from the City of Eagle Electrical Inspector prior to the City's issuance of a Temporary Merchants' License and prior to the sale of any products. It is the responsibility of Lessee to obtain the electrical permit and coordinate the inspection of the structure. 3.2 Central District Health Approval. Lessee shall provide the City with a copy of its permit from Central District Health. In the event Central District Health does not require a Page 1 of 5 permit for the sale of Lessee's products, a written statement to this effect from Central District Health must be submitted to the City prior to issuance of its Temporary Merchant's License. 4. Rent. Lease payment for the June, July, August, and September (Summer Months) shall be due and payable upon signing of the Agreement. The monthly lease amount shall be six hundred dollars and zero cents ($600.00). The total due upon signing of the Agreement shall be two thousand and four hundred dollars and zero cents ($2,400.00). 5. Use of Premises. Lessee shall use the designated area of the Park for the purpose of operating a temporary food vendor stand depicted in Exhibit A attached hereto and incorporated herein. 5.1 Water and Electrical Facilities. Lessee may have use of the water and electrical power facilities located in the Park, if available. 5.2 Structure Location. Structure placement shall be coordinated with the Public Works Director a minimum of five (5) business days prior to placement. Business days shall mean Monday through Friday excluding holidays. 5.3 Trash Receptacle. Lessee shall provide one trash receptacle adjacent to its structure for which it shall be responsible for cleaning and removing on a daily basis. 5.4 Cleaning and Maintenance: Lessee shall be responsible for spills associated with the goods sold from their concession. A minimum of three (3) times daily the Lessee shall remove trash, rubbish or spills that may have occurred in the immediate vicinity of the sales location. 5.5 Hours of Operation. Lessee shall not operate past 9:00 PM and shall have all cleaning completed no later than 10:00 PM. 5.6 Non -Exclusive Use; Event Coordination; City initiated maintenance and/or construction at site premise. Lessee's use of the Park is non-exclusive. During the Term, Lessee shall not obstruct or prohibit the public's lawful use of the Park. Lessee acknowledges that the City may contract with other vendors and/or special event promoters during the Term for use of the Park. 5.7 Temporary Interruption. At times, scheduled and unscheduled maintenance and/or construction may occur at the Park which may cause an interruption to Lessee's operations. No abatement, diminution, or reduction of Rent under this Agreement shall be claimed by or allowed by Tenant for any inconvenience, interruption, cessation, or loss of business caused directly or indirectly from maintenance and/or construction at the Park. The City will notify the Lessee as soon as practicable of upcoming maintenance and/or construction. 5.8 Removal of Structure. Lessee shall remove all Structures within five (5) business days of expiration of this Agreement. Lessee and City hereby acknowledge that accurate determination of damages would be difficult or impossible to determine if Lessee fails to remove all Structures within the strict timeframes set for herein. Therefore, the Parties agree that Lessee Page 2 of 5 shall pay $50 per day to City as liquidated damages for each day any Structure remains at the Park. 6. Insurance and Indemnity. Lessee shall provide the City of Eagle a Certificate of Liability Insurance with the City added as an additional insured, and also agrees to indemnify and hold the City harmless from any and all claims arising out of this Agreement and/or Lessee's use of the Park. 7. Relationship of Parties. Nothing contained in this Agreement shall create, nor be construed to create, any relationship between Lessee and the City of Eagle as partners, joint venture, principal and agent or employee and employer. The relationship is solely that of independent contractor with permission to lease the Park for the summer months of 2024. 8. Termination. Either party may terminate this Agreement upon ten (10) days written notice with or without cause. Lessee shall remove its Structure and all related equipment within five (5) business days of the effective termination date. 9. No Waste. Lessee shall not commit waste at the Park, nor will it disfigure or deface any part of the Park. 10. Transfer, Assignment and Subleases. Lessee shall neither transfer nor assign this Agreement, nor sublet the Park or any portion thereof, nor grant any interest, privilege or license whatsoever in connection with this Agreement without the prior written approval of the City. 11. Hazardous Substances or Hazardous Waste. The disposal of any toxic or hazardous materials at the Park is specifically prohibited. Lessee shall use all reasonable means available to protect the environment and natural resources of the Park, and where damage nonetheless occurs from Lessee's activities, Lessee shall be liable to restore the damaged resources. 12. City's Rights and Remedies. In the event Lessee breaches this Agreement or fails to vacate the Park upon termination of this Agreement, the City, or its successor, shall be entitled to all rights and remedies including the right to the recovery of attorney's fees and costs. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 14. Modification. This Agreement shall not be modified by any Party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by the Parties. 15. Headings. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 16. Severability. If any provisions of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court to be void and unenforceable, the same shall in no way affect any other provision in this Agreement, the application of such provision in any other circumstances, or the validity or enforceability of this Agreement as a whole. Page 3 of 5 17. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any other covenant, term, or condition herein. Acceptance by a Party of any performance by another Party after the time the same shall have become due shall not constitute a waiver by the first Party of the breach or default of any such covenant, term, or condition unless otherwise expressly agreed to by the first Party in writing. 18. Incorporation of Recitals. The recitals set forth in this Agreement are a material and integral part of this Agreement and are incorporated herein by reference. 19. Definition of Business Days. The term "business days" as used in this Agreement shall mean Monday through Friday excluding holidays. 20. Entire Agreement. This Agreement contains the entire agreement between the Parties. 21. Authority. Each party represents and warrants to the other Party that the person executing this Agreement on its behalf has been authorized to sign on its behalf and to bind it to the terms of this Agreement. 22. Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, the heirs, executors, administrators, personal representatives, successors and assigns of the Parties hereto. IN WITNESS WHEREOF, this Agreement shall be effective the date first above written. CITY OF EAGLE TTEST: BY: J B Brad Pike, Mayor LESSEE BY: Stacey Kratkin Chill Time, LLC dba: Chill Time 208 Page 4 of 5 Tracy E. Ij..orn, City Clerk "Exhibit A" Guerber Park Page 5 of 5 June Opening June 110-7 Monday, Wednesday, Friday Noon-7 excluding Friday June 7, Saturday Noon-7 excluding June 8,15,29 Sunday Noon-5 excluding June 16 Monday, Wednesday, Friday Noon-7 July 4-11 vacation Saturday noon-7 excluding July 20, Sunday noon-5 July August Monday, Wednesday, Friday Noon-7 excluding 23 Saturday noon-7 excluding August 3, 17, 24 Sunday noon-5 September Monday, Wednesday, Friday Noon-7 excluding 20,27 Saturday noon-7 excluding 7,21,28 Sunday noon-5 excluding 22 This is what I hope for, if I find that one of the week days is not working I will try Tuesdays CITY OF EAGLE 660 E. Civic Lane PO BOX 1520 EAGLE ID 83616 (208) 939-6813 Receipt No: 20.030615 May 23, 2024 Chill Time LLC Previous Balance: MISCELLANEOUS Guerber Park Lease Payment for Summer Months .00 2,400.00 Total: 2,400.00 CHECK Check No: 176 Payor: Chill Time LLC Total Applied: 2,400.00 2,400.00 Change Tendered: .00 05/23/2024 8:52 AM