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HomeMy WebLinkAboutHeroes Park Paking Lot Expansion and Joint Use Third Addendum to Agreement and MOUTHIRD ADDENDUM to AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK AND MEMORANDUM OF AGREEMENT FOR PARKING LOT EXPANSION AT HEROES PARK This THIRD ADDENDUM to AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK: PARKING LOT EXPANSION ("Third Addendum") is made this 115 -th day of October, 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Meridian Police Activities League, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "MPAL"). WHEREAS, on August 14, 2008, MPAL and City entered into an Agreement for Development and Joint Use of Heroes Park ("August 14, 2008 Agreement") under which certain rights and responsibilities regarding the development of facilities, amenities, and infrastructure at Heroes Park, located at West Malta Drive, Meridian, Idaho ("Park"), were set forth, and by which a partnership was established; WHEREAS, on September 14, 2010, the Parties entered into a First Addendum to the August 14, 2008 Agreement, and on March 22, 2011, the Parties entered into a Second Addendum to the August 14, 2008 Agreement, both of which addenda remain in effect; WHEREAS, the respective governing bodies of City and MPAL are mutually interested in enhancing quality of the Meridian community's experience at Park life by providing and supporting the expansion of the parking lot serving Park; WHEREAS, City and MPAL recognize that through cooperation, publicly -held facilities can be used to meet broader community needs for athletic programming and recreation than either party can provide separately; WHEREAS, the respective governing bodies of City and MPAL find that it is fiscally responsible and in the best interest of the community to enter into an agreement sharing the costs and benefits of the parking lot expansion; 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, and in consideration of the recitals above, which are incorporated herein, City and MPAL agree as follows: I. AMENDMENTS To AUGUST 14, 2008 AGREEMENT. A. Section XIV amended. Section XIV of the August 14, 2008 Agreement, regarding Term of Agreement, shall be amended to read as follows: This Agreement shall become effective as of the Effective Date upon execution by both parties and shall expire twenty two (22) years f om the E fP e4iveate on September 30, 2050 unless earlier terminated or extended in the manner as set forth in this Agreement. If the parties to this Agreement fail to mutually extend this Agreement and neither has THIRD ADDENDUM TO AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK PAGE 1 OF 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 5 , 2 0 1 9 – P a g e 2 9 1 o f 2 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 5 , 2 0 1 9 – P a g e 2 9 2 o f 2 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 5 , 2 0 1 9 – P a g e 2 9 3 o f 2 9 4 MERIDIAN POLICE ACTIVITIES LEAGUE: Mark Pghtne President CITY OF MERIDIAN: Attest: BY: Tammy de Weerd Mayor AUGUjr City SEAL THIRD ADDENDUM TO AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK PAGE 5 OF 5