Park Vendor Agreement - 2025 - Negranti Creamery - Ada/Eagle Sports Complex - 4/8/2025MUNICIPAL PARK VENDOR
LEASE AGREEMENT
THIS LEAS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into this � day of April 2025, by and between the City of Eagle, an Idaho municipal
corporation ("City") and Scoops and Cheers, LLC, dba Negranti Creamery owner Seth Brink,
12426 West Explorer Drive, Ste 230, Boise, Idaho 83713 ("Lessee").
WHEREAS, the City is the owner of Ada/Eagle Sports Complex located at 12000 North
Horseshoe Bend Road, Eagle, Idaho 83616 ("Park"); and
WHEREAS, Lessee is the owner and operator of Scoops and Cheers, 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.
WHEREAS, the Idaho Legislature during its 2023 legislative session passed an act,
codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in
certain contracts for services (including any renewals of such contracts) a written certification that
the Vendor/Contractor is not currently owned or operated by the government of China and will not
for the duration of the contract be owned or operated by the government of China; and
NOW, THEREFORE, for and in consideratio of the mutual promises contained herein, the
City and Lessee agree as follows:
1. Term. The term of this Lease Agreement shall be from May 1, 2025, to August
31, 2025 ("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
Page 1 of 5
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
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 the issuance of its Temporary Merchant's License.
4. Rent. Lease payment for the May, June, July, and August (Summer Months) shall
be due and payable upon signing of the Agreement. The monthly lease amount shall be five
hundred sixty dollars and zero cents ($560.00). The total due upon signing of the Agreement shall
be two thousand two hundred forty dollars and zero cents ($2,240.00).
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 may operate between the hours of 8:00 a.m. to
9:00 p.m. and shall have all cleaning completed no later than 10:00 p.m.
5.6 Non -Exclusive Use; Event Coordination; City initiated maintenance and/or
construction at site premises. 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.
Page 2 of 5
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
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 2025.
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. Should the Lessee terminate this
agreement, a reimbursement may be returned at a prorated rate depending on 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 RiAts 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.
Page 3 of 5
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.
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 Parry 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 Parry 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
BY:
Brad P' , Mayor
LESSEE
C
Seth Brink
Scoops and Cheers, LLC
dba Negranti Creamery
ATTEST:
B'41,00'
racy E. orn, City Clerico,
• S r;
• .AL
T
O F 19 `
Page 4 of 5
15. Headings. The headings contained in this Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation hercof.
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 ally other
circumstances, or the validity or enforceability of this Agreement as a whole.
17. Waiver. No covenant, term, or condition or the breach thereof shall be deemed
waived, except by written consent of the Parry 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 anoth"•r Party
after the time the same shall have become due shall not constitute a xN-ai\ cr 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 :\;,reemew are a m.,iterial
and integral part of this Agreement and are incorporated herein by refercncc.
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 emirc a,reenicia bet%\�:cn 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 kiate lrst above written.
CITY OF EAGLE
.AAMPawl
. • ' g •
LESSEE
BY
Seth Brink
Scoops and Cheers, LLC
dba Negranti Creamery
ATTEST:
B
t--
&�—� -
4racy
E. om. tits ClerJ o...
01, 1. 1 r,''•.
SrAI.
Page 4 of 5
"Exhibit A"
Ada/Eagle Sports Complex
Page 5 of 5