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HomeMy WebLinkAboutMOA with MDC for Downtown Youth Farmers MarketMEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO DOWNTOWN YOUTH FARMERS' MARKET This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO EVENT ("Agreement") is made this _ day of July, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire to promote economic activity in the downtown area; WHEREAS, the MDC and the City desire to cooperate and work together regarding the Youth Farmers' Market ("Event') in downtown Meridian; WHEREAS, the parties recognize that this Event can bring many people into the Meridian downtown area and help promote and support local businesses and economic development; WHEREAS, the City will assist in the implementation of the market; WHEREAS, the MDC is willing to contribute financial support to the City specifically for the Event in the amount of one thousand five hundred dollars ($1,500.00); WHEREAS, the MDC and the City recognize the benefits of the Event in promoting, revitalizing and maintaining entrepreneurship, economic development and commercial activity in the urban renewal district; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows; I. CITY'S RESPONSIBILITIES. A. Host event. On or around September 10, 2015, at Meridian City Hall, the City will host the Event. The selection of staff and/or vendors for Event shall be made by City. B. Publicity. City shall publicize the Event, which publicity may include distribution of information via written and broadcast media, social and online media, e-mail, posters, and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Aelmowledgment of sponsorship. As such, MDC shall be entitled to recognition as "sponsored by," and City shall print the MDC logo on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one (1) invoice to MDC by August 1, 2015, in the amount of one thousand five hundred dollars ($1,500.00), and City shall use such amount for the payment of expenses related to the production of the Event. MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 1 OF 3 H. MDC's RESPONSIBILITIES. A. Payment. Within thirty (30) days of receipt of City's invoice, MDC shall provide payment to City in the amount of one thousand five hundred ($1,500.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on marketing materials as described herein. C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MAC governing board for such purpose. 111. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2015. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office C/O Borton-Lakey Law Offices 33 E. Broadway Avenue 141 E. Carlton Ave. Meridian 1D 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice. E. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by either party or any employee, agent, contractor, official, officer, servant, guest, and/ox invitee thereof. MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT coNTRiwmoN PAGE 2 OF 3 F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of July, 2015. MERIDIAN DEVELOPMENT CORPORATION: 06 By: Jim dcobar, Chairman CITY OF MERIDIAN: Atte ave Winder, Secretary Attest: LD AUG�Sr r 9 oW City of Tammy "/erd, Mayor ' /VLL >;pgtto SEAT yW y Pv J City Clerk MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 3 OF 3