LEASE AGREEMENT. WHEREAS, the City is the owner of Merrill Park located at 687 E. Shore Dr. Eagle, ID ( Park ); and

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1 LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the Agreement ) is made and entered into this day of, 2016, by and between the City of Eagle, an Idaho municipal corporation ( City ) and Amy Phillips, d/b/a Eagle Tropical Sno, 764 E. Cloverhill Ct. Eagle, ID ( Lessee ). WHEREAS, the City is the owner of Merrill Park located at 687 E. Shore Dr. Eagle, ID ( Park ); and WHEREAS, Lessee is the owner and operator of the Eagle Tropical Sno, a food service business selling sno-cones 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 for the summer months in the year 2016 (May 1 through August 31, 2016) (the Term ). This Agreement may, at the sole discretion of the City Council, be renewed for the 2017 summer season (May 1 through August 31, 2016) provided Lessee has fulfilled all requirements outlined herein. This Agreement shall be fully executed within thirty (30) days following City Council approval. In the absence of such execution, the Agreement may be considered void and made available to other vendors at the City s discretion. 2. 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. 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. 2.1 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 State of Idaho Electrical Inspector prior to the City s issuance of a vendor s permit 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. 2.2 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 Page 1 of 5

2 statement to this effect from Central District Health must be submitted to the City prior to issuance of its Temporary Merchant s License. 3. Rent. A monthly lease in the amount of Two Hundred Dollars and 00/l00 s Dollars ($200.00) per month will be due on the first day of the each month during the Term. Partial months will be pro-rated on a daily charge basis of Seven and 00/100 s Dollars ($7.00) per day. The first monthly payment, or pro-rated portion thereof, is due and payable upon signing of the Agreement. 4. Use of Premises. Lessee shall use the designated area of the Park for the purpose of operating a temporary food vendor stand. 4.1 Water and Electrical Facilities. Lessee may have use of the water and electrical power facilities located in the Park. 4.2 Structure Location. The designated location of Lessee s food service structure shall be agreed upon in writing at least fifteen (15) days prior to the start of the Term as defined in Section 1 herein by the City s Parks and Recreation Director and Lessee. A drawing depicting the designated location shall be attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full. Lessee may request a temporary change in location during the Term to accommodate other vendors and/or special events in the Park, provided any such temporary change in location shall be approved in writing by the City s Parks and Recreation Director or designee at least fifteen (15) days prior to the change in location. 4.3 Trash Receptacle. Lessee shall provide one trash receptacle adjacent to its structure for which it shall be responsible for cleaning on a daily basis. 4.4 Hours of Operation. Lessee shall not operate past 9:00 PM and shall have all cleaning completed no later than 10:00 PM. 4.5 Non-Exclusive Use; Event Coordination. 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. 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 Lessee s use of the Park. 6. 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 Page 2 of 5

3 relationship is solely that of independent contractor with permission to lease for the summer months of Termination. Either party may terminate this Agreement upon ten (10) days written notice. Lessee shall remove its structure and all related equipment within five (5) days of the effective termination date. 8. No Waste. Lessee shall not commit waste at the Park, nor will it disfigure or deface any part of the Park. 9. 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. 10. 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. 11. 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. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 13. 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. 14. Headings. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 15. 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. 16. 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. Page 3 of 5

4 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. 17. 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. 18. Entire Agreement. This Agreement contains the entire agreement between the Parties. 19. 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. 20. 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 ATTEST: BY: STAN RIDGEWAY, MAYOR BY: SHARON K. BERGMANN, CITY CLERK/TREASURER LESSEE BY: AMY PHILLIPS DBA: Eagle Tropical Sno STATE OF IDAHO ) ) ss. County of Ada ) Page 4 of 5

5 On this day of, 2016, personally appeared before me, Justin Andrews d/b/a Shaved Ice Barn, whose identity I proved on basis of photo identification to be the signer of the above instrument, and he/she acknowledged that he/she signed it. Notary Public My Commission Expires on: Page 5 of 5

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