Parking Agreement - 2025 - Creekside Bible Church - Special Event Parking - 3/11/2025LM-691*110r] C a u ►
(Creekside Bible Church/ The City of Eagle)
THIS PARKING AGREEMENT ("Agreement") is made and entered into this _�A_ day
of ("&U , 2025 (the " Effective Date"), by and between The City of Eagle ("City") and First
Baptist Church of Eagle, dba Creekside Bible Church, an Idaho non-profit corporation Church").
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, City operates a Saturday Farmer's Market and other special events
("Events") for which it needs additional parking for the public; and
WHEREAS, the Church is willing to allow City to use a portion of the Property for
vehicle parking during regular business hours ( Monday - Saturday, lam - 6pm).
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 City to use the Property for
City's vehicle parking needs during regular business hours. The Church retains priority to use the
Property for events including but not limited to weddings, funerals and other events. City agrees
to use the Property exclusively for vehicular parking. 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. City shall access the Property only through the Property's entrance on
Old State Street, and City shall not open or access the Property through the gate located at the
west end of the Property (the "Gate") except as otherwise permitted in this Agreement. City's
permitted use of the Property is nonexclusive, and City shall not utilize the Property to the
exclusion or detriment of the Church or other persons.
2. Term. The term of this Agreement is effective as of the Effective Date and ends on
March 31, 2026, unless sooner terminated as provided herein.
Either party may terminate this Agreement at any time by providing at least thirty (30) days'
written notice. In addition, if (a) City breaches any provision of this Agreement or (b) the Church
is subject to a Claim, incurs Damages (as each term is defined below), or receives a reasonable
complaint from a third party regarding excessive traffic or dust due to City's use of the Property,
then the Church may terminate this Agreement if City fails to cure and make whole the Church
within seven (7) days after receiving written notice from the Church, by any reasonable means,
describing the basis for such termination.
Reviewed by Legal 2/11/2025
3. Alterations and Improvements. City shall not make any additional alterations or
improvements on the Property without the prior consent of the Church, which consent may be
withheld for any reason.
4. Assignment. This Agreement shall not be assigned by City without the prior written
consent of the Church.
5. Mutual Release and Indemnification. City hereby agrees that it freely and
voluntarily releases, waives, relinquishes, and forever discharges Church from any and all
claims, liabilities, obligations, demands, and causes of action whatsoever, whether known or
unknown, whether arising in contract, tort (whether or not arising from the ordinary negligence
of Church), by operation of law, or otherwise ("Claims"), including but not limited to claims for
personal injury, wrongful death, property loss or damage, costs, charges, attorneys' fees, court
costs and other expenses of any kind, howsoever caused, arising from or relating in any way
(whether directly or indirectly) to City's use of the Property ("Damages").
City shall defend, protect, indemnify, and hold harmless Church from, for, and against any and
all Claims and shall reimburse and make whole Church for all Damages of any kind (including
costs, charges, attorneys' fees, court costs and other expenses incurred in establishing the right to
indemnification), caused by, arising out of, resulting from or in any way incidental to any act or
omission (whether or not intentional, negligent, or reckless) by City or anyone for whose acts
City may be liable, arising from or relating in any way to its use of the Property or related to this
Agreement.
Church shall defend, protect, indemnify, and hold harmless City from, for, and against any and
all Claims and shall reimburse and make whole City for all Damages of any kind (including
costs, charges, attorneys' fees, court costs and other expenses incurred in establishing the right to
indemnification), caused by, arising out of, resulting from Church' s failure to perform any
covenant required to be performed by Church under this Agreement, other than those arising out
of the acts or omissions of City.
6. Additional Terms. In consideration for this Agreement, the Church and City represent,
warrant, and covenant as follows:
a. Property Condition; Assumption of Risk. The Property will be available to
City on an "AS -IS, WHERE -IS" basis. Church expressly disclaims all
representations and warranties whatsoever regarding the condition, suitability,
fitness, or otherwise of the Property. City acknowledges that its use of the
Property is made voluntarily and solely at its own risk, and that there are potential
dangers, including but not limited to property damage, personal injury, or death.
7. 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.
Reviewed by Legal 2/11/2025
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
Reviewed by Legal 2/11/2025
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective the
day and year first above written.
CITY: THE CITY OF EAGLE, anjdaho business
By: 6� 1 �P r
(Representative, Title)
CHURCH: FIRST BAPTISTCHURCH OF EAGLE, dba
CREEKSIDE BIBLE CHURCH, an Idaho non-profit
corporation
Name:
Its:
Name:
Its:
Reviewed by Legal 2/11/2025
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective the
day and year first above written.
CITY: THE CITY OF EAGLE, an Idaho business
IM
(Representative, Title)
CHURCH: FIRST BAPTISTCHURCH OF EAGLE, dba
CREEKSIDE BIBLE CHURCH, an Idaho non-profit
corporation
By: _ fl.
Name: Jonathan Grellas
Its: Pastor / Elder
M �� M A! M��
Name: Stan Patterson
Its: Pastor / Elder