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Home My WebLink AboutSSF After Dark Lease Agreement 2024 Signed CITY OF TWIN FALLS CONCESSION LEASE AGREEMENT THIS AGREEMENT, made this 3 day of APR I L , 20-Zf, between the City of Twin Falls, Idaho, a municipal corporation (hereinafter called "CITY'), and Southern Idaho Tourism(hereinafter called "LESSEE"). WHEREAS, CITY is the owner of a public park known as Shoshone Falls Park, and, WHEREAS, LESSEE desires to promote and offer a Special Event: Shoshone Falls After Dark (hereinafter called "EVENT") at the above-described public park. IT IS AGREED AS FOLLOWS: 1. The CITY does hereby grant to LESSEE permission to: a. Access and use the park after hours for the specific purpose of a light show b. Have amplified sound c. Gather over 500 people d. Drive in the park e. Erect temporary structures or canopies in the park during the EVENT 2. The CITY does hereby permit LESSEE use of a public facility for private gain by the sale of tickets for the EVENT. 3. The term of this lease will be for seven weeks (7), commencing: a. April 22-May 1,2024 for set-up; b. May 1-May 31, 2024 for the event; and from c. May 31-June 7, 2024 for disassembly. 4. This lease may be terminated at any time and without prior notice by the CITY if deemed necessary by public safety officials or other department officials. 5. LESSEE agrees to provide all equipment, supplies, adequate lighting, signage, security, and all other support and expenses necessary for operation of the EVENT in a safe and manner. 6. LESSEE agrees that LESSEE shall: a. Provide adequate porta potties for the EVENT -1- b. Provide and carry out a trash plan to include daily clean up and removal of all trash generated by the EVENT, including the removal of all trash generated by the EVENT upon leaving the park each night. LESSEE agrees to maintain the park in a safe and sanitary condition during its use. c. Provide adequate onsite security for the EVENT d. Develop an emergency plan for public safety or EMS access to the park, or exit plan for an emergency evacuation to be approved by Twin Falls Fire Department. e. Notify property owners in the impact area for amplified sound and lights of the dates and times of the EVENT. f. End EVENT by 11pm and vacate the park by 12am the next day for each day of the EVENT. g. Abide by any additional requirements and/or restrictions that may arise after the Pre-Event meeting which shall be outlined by the CITY in an additional permit, if deemed necessary. 7. LESSEE agrees to pay CITY the following, in consideration of this agreement: 5% of gross revenue from the event. Payment shall be made as follows Payment to be made by the 8th of July, 2024, along with an accounting of revenues, to the CITY. 8. LESSEE agrees to purchase liability insurance in the minimum amount of $500,000 per occurrence for personal injury, property damage, and any other type of damage related to the EVENT for the entire duration of the EVENT, with the CITY listed as an additional insured. LESSEE agrees to provide proof of having obtained this insurance to the CITY prior to the beginning of the EVENT. CITY shall be notified prior to any cancellation of the insurance. LESSEE further agrees to release, indemnify, and defend CITY, its officials, agents, and employees, from any and all claims or liability including damage or injury, or loss of life that may occur to person or property for the duration -2- of event in any way connected with the EVENT. 9. LESSEE agrees that it (including its officials, employees, agents, or sub- contractors) will not sell or dispense any alcoholic beverages at the above- described property, and shall comply with all laws pertaining to the sale or distribution of food or drink. 10.LESSEE shall pay and be solely responsible for any county or state license fees or taxes for operation of the EVENT. 11. LESSEE will not make any alterations, additions or improvements to the park without prior written consent from the Parks and Recreation Director. LESSEE agrees that any agreed upon alterations, additions, or improvements made will become the property of the CITY unless, as part of the City's grant of consent to make such alterations, additions or improvements the City has directed that LESSEE remove the same following the event and restore the facility to the same state it was in prior to malting the same. 12. Upon termination of this agreement, or during the disassembly time designated above, LESSEE shall, at its sole expense, remove all personal property, and repair any damages to the park related to the EVENT. 13. LESSEE agrees to comply with all applicable local, state, and federal laws, and to use the park and conduct its EVENT in a safe manner. 14. LESSEE acknowledges that unless otherwise specified in this Agreement, all City of Twin Falls parks rules and regulations shall apply to LESSEE's actions in carrying out this EVENT, as well as to all participants attending the EVENT. 15. LESSEE may not assign this LEASE or sublet all or a portion of the park without the written consent of the CITY. 16. LESSEE explicitly waives any claim against the CITY for any loss or damage due to any defect in the park, including, but not limited to, any defect related to water, sewer, drainage, electrical, or any other system connected to the park that occurs in connection with or during the EVENT (including all three phases specified in Paragraph 3 above). If any such defect occurs LESSEE hereby releases the CITY, its officials, employees, and agents from any and all demand or claim of loss arising from these defects. 17. The Parties agree that in the event any claim is made relating to this Agreement including, but not Iimited to, a suit or legal action,the prevailing party shall be entitled to recover its attorney fees and costs for prosecuting or defending such claim. The Parties -3- further agree that venue for any suit or legal action relating to this Agreement is proper in Twin Falls County, Idaho, and that this Agreement shall be construed pursuant to the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have subscribed their names to this agreement, the day and year first above, written above. CITY OF TWIN FALLS, IDAHO By May LESSEE Southeraho Tourism STATE OF IDAHO ) )ss. COUNTY OF TWIN FALLS ) On this 11)day of April, 2024, before me,the undersigned, a Notary Public in and for said State, personally appeared , for and on behalf of the City of Twin Falls, and known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ublic for Idaho Printed Name: E-r: Cc.. ERICA D PARKS Commission Expires: D(p 70040 NOTARY PUBLIC STATE OF IDAHO -4- STATE OF IDAHO ) )ss. COUNTY OF TWIN FALLS ) On this 3 fd'day of April, 2024, before me,the undersigned, a Notary Public in and for said State, personally appeared CLIRTIS JAMES WNSEN ,on behalf of Southern Idaho Tourism, and known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. eaak4l-�- f j LOIS JOSEPH MISSION#20211028 OTARY PUBLIC Notary P 1ic fo Idaho b I ATE OF IDAHO Printed Name: CID/S J09 EFH Commission Expires: t7 31 D Ll 202:F -5-