Loading...
HomeMy WebLinkAboutMemorandum of Agreement Civic Block Development Proposal E IDIANI=- �} MERIDIAN development corp. REVIVE• RENEW• REDEFINE Bill Truax, President Galena Opportunity Fund 999 W. Main Street, Suite 1400 Boise, ID 83701 RE: Memorandum of Agreement for Civic Block Development Proposal Bill: The City of Meridian and the Meridian Development Corporation are sending this letter to acknowledge the conclusion of their relationship with Galena Opportunity Fund on the Civic Block proposal. The MOU dated November 26, 2019 expired according to its terms at 5:00pm on January 31, 2021. We appreciate everyone's efforts on the Civic Block proposal and wish you and your associates success in your future endeavors. City of Meridian Meridian Development Corporation Cameron Arial Ashley Squyres Community Development Director Administrator City of Meridian ■ 33 E. Broadway Avenue ■ Meridian, ID 83642 Phone 208-888-4433 0 www.meridiancity. MEMORANDUM OF AGREEMENT CIVIC BLOCK DEVELOPMENT PROPOSAL This MEMORANDUM OF AGREEMENT ("Agreement") is made this 2_�q day of November, 2019 ("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") and the Galena Opportunity Fund, a Delaware Limited Liability Company registered to do business in Idaho ("Respondent"). The foregoing may be collectively referred to as "Parties" or individually as a "Part " Y• WHEREAS, MDC in cooperation with the City issued a Request for Proposals ("RFP") seeking proposals from interest parties for the development or redevelopment of the Civic Block property containing parcels owned by the City and MDC; WHEREAS, Respondent submitted the sole proposal and that was selected by MDC and the City subject to certain contingencies including the Respondent's proposal to de -annex a portion of the existing downtown urban renewal district encompassing Respondent's property and the civic block and the subsequent creation of a small new urban renewal district specific to their project; WHEREAS, the Parties desires to describe the process necessary for the Respondent's Proposal to move forward; 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: 1. The portion of Respondent's proposal for de -annexation of a portion of the existing urban renewal district and the creation of a new smaller site-specific urban renewal district is a legislative process by the City. The City makes no commitment whatsoever regarding the de -annexation and creation of a new district as this action involves a public process. Following that process, City will consider whether this aspect of the proposal is in the public interest and meets the requirements of Idaho Code or not. The City only agrees to go through the public process and makes no agreement regarding the outcome of that process. 2. MDC and the City's acceptance of the Respondent's proposal was conditioned upon the attached list of contingencies (See Exhibit A attached hereto and incorporated by reference herein). The Parties acknowledge and agree to these contingencies. 3. The Respondent agrees that its Proposal will remain valid until the completion of the public process for the de -annexation and creation of the new site specific district and, if said request is approved by the City, the negotiation and possible execution of an owner participation agreement with MDC regarding the project. 4. The Respondent agrees to move forward with the City Parks and Recreation Department in the design of the Community Center. 5. The Respondent is responsible to prepare and pay for the necessary information, analysis and MEMORANDUM OF AGREEMENT RFP CIVIC BLOCK PROJECT PAGE 1 OF 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 N o v e m b e r 2 6 , 2 0 1 9 – P a g e 2 0 7 o f 3 5 2 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 N o v e m b e r 2 6 , 2 0 1 9 – P a g e 2 0 8 o f 3 5 2 documents that are required by Idaho Code and that it feels are needed to support the creation of the new smaller site-specific urban renewal district. Respondent will present this information to MDC for comment prior to making their request and presenting the information to the Mayor and City Council regarding de -annexation and creation of the new site-specific district. 6. The Respond may request reimbursement for its expenses related to the creation of the new site- specific district and the initial design of the community center. If the de -annexation and creation of the new site-specific district does not occur, then there will be no reimbursement of any of the Respondent's costs. If the new site specific district is created then MDC agrees to consider a request for reimbursement of the initial expenses described in this paragraph and that it will negotiate in good faith regarding an owner participation agreement which addresses the reimbursement of the costs of certain reimbursable public improvements constructed by Respondent with any reimbursement occurring over time from a portion of the tax increment generated in the site specific district and received by MDC. 7. This Agreement is governed by the laws of the State of Idaho, constitutes the entire understanding between the Parties and may not be modified except by written consent of all the Parties. This Agreement will automatically terminate upon the City's denial of the Respondent's request to approve the de -annexation and creation of the new site-specific district, the negotiation and execution of an owner participation between MDC and Respondent or at 5:00pm on January 31. 2021 whichever occurs first. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first noted above. MERID N DEVELOPMENT CORPORATION: By: bave Winder, Chairman Attest: Ste Vlassek, Secretary CITY OF MERIDIAN: Tammy de We 01 Mayor GALENA QPPORTUN� FUND: Bill T President Auc,� c ;►y „r C��' `E IDIAN IDAHO 0 the MEMORANDUM OF AGREEMENT RFP CIVIC BLOCK PROJECT PAGE 2 OF 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 N o v e m b e r 2 6 , 2 0 1 9 – P a g e 2 1 0 o f 3 5 2