HomeMy WebLinkAboutMOA with MDC for Meridian Youth Farmers MarketMEMORANDUM OF AGREEMENT
FOR CONTRIBUTION TO DOWNTOWN YOUTH FARMERS' MARKET
This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO MARKET
("Agreement") is made this jQ- day of December, 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, MDC and the City desire to cooperate and work together regarding the
Meridian Youth Farmers' Market ("Market") in downtown Meridian;
WHEREAS, MDC and the City recognize the benefits of the Market in promoting,
revitalizing and maintaining entrepreneurship, economic development and commercial activity in the
urban renewal district, and for these reasons, MDC is willing to contribute financial support to the
City specifically for the Market in the amount of five thousand dollars ($5,000.00);
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. Meridian Youth Farmer's Market 2016 Market planning and presentation. City, by
and through a contracted promoter, shall present a weekly Meridian Youth Farmer's
Market 2016 ("Market"), between June 25, 2016 and September 24, 2016.
B. Publicity. City shall publicize the Market, 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. Invoice MDC. City shall provide one (1) invoice to MDC by February 1, 2016, in the
amount of five thousand dollars ($5,000.00), and City shall use such amount for the
payment of expenses related to the planning and presentation of the Market.
II. 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 five thousand dollars ($5,000.00).
B. 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
MEMORANDUM OF AGREEMENT FOR DOWNTOWN MARKET CONTRIBUTION PAGE 1 OF 3
subject to and dependent upon appropriations being made by the MDC governing board
for such purpose.
III. GENERAL TERMS.
A. Term. This Agreement begins immediately upon execution and shall remain in effect
through September 30; 2016.
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 104 East Fairview Avenue #239
33 E. Broadway Avenue Meridian ID 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/or invitee thereof.
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
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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
-Ti day of December, 2015.
MERIDIAN DEVELOPMENT CORPORATION:
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4a- a'SO4-"' L)'L' C �
CITY OF MERIDIAN:
Tammy de Via rd, Mayor
Attest
ave Winder, Secretary
Attest:
I
city of Ja ee�H lman, City Clerk
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SEAL,
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