Loading...
HomeMy WebLinkAboutWestern Ada Recreation District Cooperative Agreement for Financial Contribution COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO SUPPORT LICENSED RECREATIONAL ACTIVITIES THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 8th day of February , 2022 (the "Effective Date") by and between WESTERN ADA RECREATION DISTRICT, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. District is a Recreation District created to serve Western Ada County. District's mission is to provide and promote aquatics recreation in Western Ada County. District also operates a .57 acre public park in the Settlers Village Subdivision and is the Leaseholder of the Lakeview Golf Course in Meridian. b. City is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 31-4317(h)) provides that District may enter into cooperative agreements with the state, other authorities, counties,and cities underthe provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or District of said agencies. d. City and District have License and Maintenance agreement(s) in place whereby City, as Licensee, has agreed to maintain the Lakeview Golf Course,the Meridian Community Pool, and the .57 acre park in the Settlers Village Subdivision. e. District has budgeted for the 2022 Fiscal Year, expenditures for the Pool, Park, and Golf Course. f. District desires to contribute to City the 2022 Fiscal Year budget amounts below for the Pool, Park, and Golf Course to support services, capital and overhead expenses as set forth in the License and Maintenance agreements between District and City. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Page 1 of 3 Item#13. Section 1. Term This Agreement shall be in effect commencing on the Effective Date and will terminate on the 30th day of September 2022, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For District to pay to City $260,460.00 and $1,053,395.00, less amounts already expended by the district in FY22 of $50,300.00 (total amount = $1,263,555.00). City shall collect and retain revenues received from pool and park operations estimated by the district to be $264,605 in revenue Section 3. Payment and Future Renewals (a) District shall pay the amount set forth in Section 2(a) in two equal payments. The first payment shall be made in February of 2022. The second payment shall be made in August 2022. The parties acknowledge that any Pool and Park related expenditures incurred by District after January 27, 2022 shall be deducted from the District's payment to City due in August 2022. Payments shall be pro-rated in the event of Termination of the License and Maintenance Agreement(s) identified in the Recitals. (b) District shall, prior to making payment to City, process a budget amendment eliminating the expenditure sub-categories so that City may make unrestricted expenditures and respond to the greatest needs in the maintenance and operation of the pool, park, and golf course. (c) Payment shall be made directly to City at: City of Meridian 33 E. Broadway Meridian, Idaho 83642 (d) To facilitate renewal of this Agreement in successive fiscal years, District agrees to maintain its mill levy rates as set forth in the parties' License and Management of even date herewith so as to provide funding to continue the licensed operations in the event that this Agreement is renewed in the future. Section 4. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between District and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. Page 2 of 3 Page 196 Item#13. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. (f) Neither party shall have the right to transfer or assign all or any portion of such party's interest in this Agreement or any privilege or right hereunder,either voluntarily or involuntarily, without the prior written consent of the other party. (g) This Agreement shall be binding on the parties hereto, and their successors and assigns. EXECUTED and effective as of the date first above written. Western Ada Recreation District: City of Meridian: ShaLOTWardle Robert E. Simison 2-8-2022 Board President Mayor Attest: Chris Johnson, City Clerk 2-8-2022 Page 3 of 3 Page 197