Parking Agreement - 2026 - First Baptist Church Of Eagle, Dba Creekside Bible Church - Special Event Parking - 3/24/2026PARKING AGREEMENT
Creekside Bible Church/The City of Eagle
This Agreement ("Agreement") is entered into this 'LA day of 1 gical 2026, ("Effective
Date") by and between the City of Eagle, an Idaho municipal corporation ("City") and First Baptist
Church of Eagle, an Idaho Non -Profit Corporation, dba Creekside Bible Church, ("Church"). City
and Church are sometimes collectively referred to herein as the "Parties."
RECITALS
WHEREAS, Church owns real property located in downtown Eagle at 350 E. State St.,
Eagle, ID 83616, which property includes areas for parking of vehicles ("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, Church is willing to allow City to use a portion of Property for vehicle parking
during regular business hours (Monday — Saturday, 7am — 6pm).
NOW, THEREFORE, for good and sufficient consideration acknowledged by Parties, City
and Church 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. Use of Property: Church shall permit City to use Property for City's vehicle
parking needs during regular business hours. Church retains priority to use Property for events
including but not limited to weddings and funerals. City agrees to use Property exclusively for
vehicular parking. City shall not use Property for other activities or events without obtaining
Church's prior written consent, which consent may be withheld for any reason. City shall access
Property only through Property's entrance on Old State Street, and City shall not open or access
Property through the gate located at the west end of Property ("Gate") except as otherwise
permitted in Agreement. City's permitted use of Property is nonexclusive, and City shall not utilize
Property to the exclusion or detriment of Church or other persons.
3. Term: The term of Agreement is effective as of the Effective Date and ends on
March 31, 2027, unless sooner terminated as provided herein. Either party may terminate
Agreement at any time by providing at least thirty (30) days written notice. In addition, if (a) City
breaches any provision of Agreement or (b) 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 Property, then Church may terminate Agreement if City fails to
cure and make whole Church within seven (7) days of receiving written notice from Church, by
any reasonable means, describing the basis for such termination.
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4. Alterations and Improvements: City shall not make any additional alterations or
improvements on Property without the prior consent of Church, which consent may be withheld
for any reason.
5. Assignment: Agreement shall not be assigned by City without the prior written
consent of Church.
6. 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 operations 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 Property ("Damages").
To the extent permitted by law, 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
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.
7. Additional Terms: In consideration for this Agreement, Church and City
represent, warrant, and covenant as follows:
a. Property Condition; Assumption of Risk. 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
Property. City acknowledges that its use of 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.
8. Corporate Authority: If any party is a corporation, each individual executing
Agreement on behalf of said corporation represents and warrants that he/she is duly authorized to
execute and deliver Agreement on behalf of said corporation, in accordance with the duly adopted
resolution of said corporation and that Agreement is binding upon said corporation in accordance
with these terms.
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9. Applicable Law: 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.
10. Binding Effect: Agreement shall be binding up and inure to the benefit of the
heirs, executors, administrators, successors, and assigns of the parties hereto.
11. Entire Agreement: parties agree that the terms, covenants and conditions of
Agreement shall supersede all prior negotiations and agreements, whether written or oral, and that
there are no other agreements not contained in Agreement, and that Agreement shall be and is the
final expression of the agreement between Parties and shall control. No modification of Agreement
shall be valid unless in writing and executed by Parties of Agreement.
12. Severability and Validity: In the event any provision of 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, in being agreed that such
remaining provisions shall be construed in a manner most closely approximating the intention of
Parties with respect to the invalid, void, or unenforceable provision or part thereof.
13. Attornev's 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.
IN WITNESS WHEREOF, the parties hereto have executed Agreement as of the day and
year first above written.
CITY OF EAGLE:
Brad Pike, Mayor
ATTEST:
•.*`.ya . ,,,,,,,,
Tracy E. is orn, City Ci* ; ,. Stan P erson, actor/Elder
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' SEAL
s
7v77.. n r' t Y •
FIRST BAPTIST CHURCH OF EAGLE,
dba CREE t E BIBLE CHURCH:
Jonath
rella
tor/Elder
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9. Applicable Law: 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.
10. Binding Effect: Agreement shall be binding up and inure to the benefit of the
heirs, executors, administrators, successors, and assigns of the parties hereto.
11. Entire Agreement: parties agree that the terms, covenants and conditions of
Agreement shall supersede all prior negotiations and agreements, whether written or oral, and that
there are no other agreements not contained in Agreement, and that Agreement shall be and is the
final expression of the agreement between Parties and shall control. No modification of Agreement
shall be valid unless in writing and executed by Parties of Agreement.
12. Severabilitv and Validity: In the event any provision of 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, in being agreed that such
remaining provisions shall be construed in a manner most closely approximating the intention of
Parties with respect to the invalid, void, or unenforceable provision or part thereof.
13. Attorney's 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.
IN WITNESS WHEREOF, the parties hereto have executed Agreement as of the day and
year first above written.
CITY OF EAGLE:
FIRST BAPTIST CHURCH OF EAGLE,
dba CREEKSIDE BIBLE CHURCH:
Brad Pike, Mayor Jonathan Grellas, Pastor/Elder
ATTEST:
Tracy E.
.. G>'C.. ..••1O s
om, City C1 rk : ` rt.,: =
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SEAL .
'•, OF I0 ,,,,,
Stan Patterson, Pastor/Elder
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