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Home My WebLink About1982 Meridian Rural Fire Protection Joint Agreement y I �t �I i � j'`'I N"." VEN'C''R': A G PEE r'"M^\^,' I �• II jTHIS AGREEMENT, made and entered into this IE hday of Februar 982 , by and between the City of Meridian , Idaho, i hereinafter referred to as the "City" and the meridian aural � Fire District, a Fire Protection District of the State of Idaho, hereinafter referred to as the District, W I T N E S S E T H ; WHEREAS , the City and the District have the governmental duty of providing fire protection within their respective juris- dictions and as part of that Outs own and operate fire fighting I Y I I s equipment; WHEREAS , the City and thn ' ;strict are in need of new fire �f fighting equipment and neither entity has the funds to purchase � by itself, the necessary equipment to provide the adequate and R ; necessary fire fighting equipment; WHEREAS, the City and the Di-tv_ n cooperate with one another ' I extensively in prow li g fire protection , '.at the City and the "1 District often use the others equipment and fire fighting apparatusi W.aLR.-,AS it is in th-, hest interests of the City and she .' District, and the tax payers of both entities , that they cooperate to all extents possible so that dupinwation is not created, and i r} � to reduce the costs and expenses of both v_. entities in providing necessary and adequate fire protection- jt. WI'.73REAS, the City and. Distract have prior agreements as to I 4. ,a cooperation and use of facilities, housing, and equipment pursuant i _t '{+ to Idaho Code 31,1424 ; NOW, THEREFORE, it is herzh,y understood and agreed by the parties, as follows: 'i 1. The parties hereby join- together to form a joint venture l for the p ipose of leasing_ , on an oaticn to purchase basis , the � AMBROSE, 1 � i, NOOKSTON A McLAM f +ii a�gmSYa and 1 JOINT VENTURE AC}ZEE"ENT - P. 1 427 r alld1w.Waho f KW2 +A�11EN>3AIE1 I jl yE 'I r R, i n, fire truck, apparatus and equipment described in :_:,hibit "A" f }: attached hereto and by this refezence incorporated herein as if � 'I! set forth in full; that the additional purpose of this joint venture is to commonly use and maintain the fire truck. The !� joint venturers hereby specifically state that they are not partners nor does this agreement constitute a partnership agreement but is entered into under the authority of Kaho Code l� i 31-142 4. E s: 2. That the parties shall be jointly and severally liable j yor all payment obligations under the lease, including but not limited to lease payments, payments, , y;insuranceand taxes if any; I _ b I� that, while the parties are jointly and severally liable to the Lessor under the lease, they shall be liable one to the other for 4 s.. ;j all obligations thaw vre not pair: in the proportion hereinafter l agreed upon, but which are paid by one party or by the other, solel or disproportlona eiy, and the one party not meeting its propor- tionate obligations shall pay to the other party funds to ::feet its p it obligations ; that this obligation to repay the other party shall w apply not only to :ease c5ligations , but also to maintenance and IIall otter costs assoc2azed with the equipment described in r ! Exhibit "A" , including replacement thereof. f.. I 3. That the city shall stare and pay for all lease obliga- tions, maintenance, costs, and expenses to the extent of fifty F: ! percent (50%) ; that the District shall share and Pay for all I � lease obligations, maintenance, coats and expenses to the extent of fifty percent (50?) ; that the above limitations are as between the f parties themselves as it is agreed that one party or the other i j y shall be 'Liable for any: pay all "leave obligations, maintenance, costs , ana expenses incurred to kee? the equipment operating. I iZGERAW, even though they may have to seek reimbursement from the other 4 ROOKS70N A MCLAM ". party. IOMMM Wd ' Ounaaiora ❑,Box 427 �•. �Glan� Idaho - -�.. -� I F` 9i2 JOINT VENTURE AGREEMENT_ - 2 honeBB&4181 �} j i� y : 4. That, in the event the parties desire to purchase the fire equipment, they shall do so jointly and the title to said equipment shall be in bazA entities. in the event one party desires to purchase and the other does not, the buying party may do so individually, but the buying party shall pay to the non- buying party one-half of the appraised value of the equipment as determined as of the date of purchase, and the buying entity shall receive credit for all lease payments affcided the lessor, if any. 5. in the event both parties hereto eventually own the fire equipment an zne parties decide to sell all or any part thereof, the proceeds of sale shall be divided in the same proportions as set forzA in Paragraph 3 hereinabove. II 6. That each party shall carry the fire equipment an their books in the same proportion as set forth in Paragraph 3 hereof. J", 7. ':!hat, in the event a liability ., created due to the use of the fire equipment, that liability shall be borne by the party using 0 : equipment; that is, if the equipment is sent to and used on a fire within the Rural si. .rict and a liability is seated, the Rural District shall be responsible for that liability; that in the event the non-user is also held liable, Me using party shall reimburse the non-user for any funds the non-user pays out as a result of that liability and the user shall indemnify and hold harmless the non-using party. S. That in the event the equipment is injured or damaged, .h the party using the equipment at the time it is injured or damaged shall have the responsibility to pay for and see that all damage and injury to the equipment is rejaired; additionally, in that regard, each entity shall carry the equipment an its own insurance ! HOOKSTON policies including liability, collision and comprehensive cover- s MIAM ages ; the parties may ayree, however, to carry insurance jointly t:oun se sore O.Box 427 i. Andy,10ho ,hone 28"461 JOINT VENTURE A0RE=NT i in—on the equipment. 9. That the equipment shall be used by no entity other titan' these contracting ps.rtics and for no other uses other than those fv F� l' Ear which either entity is lawfully authorized to use said equipments. lC . That this agreement may be amended From time to time as �Y �h the parties shall agree ."i.:'-xai3rliJl. sly. 11. That the provisions of his agreement ahall be binding � upon the successors , executors , and assigns of Me parties hereto. WITNESS WHEREOF, the parties hereto have affixel their se hands the day and year in this agreement first above written. ra-- CITY C., -'.7,P .DIAN, 1! 1 �'1 17 A T l E.mil I i�:AYOR is MERIDIAN RURAL FIRE DISTRICT, fire protection district of the : State of Idaho i. i , 4 i l i . ay ATTEST: f' Secretary li AMBROSE. ITZGERALD, +1ROONSTOH d MCLAM ++itorneynand i ' coursaskxs PO UX427 JOINT VENTURE AGR c MiNT - P . 4 � geridian,Idaho i &W2 400nes"44Zt i! y ,� 1 � �. _ `..:\ _ ".•k ✓ j � � J - _ _ _. "�_'__ _'^yam _. _ _ EXHIBI^ "At' One 1) ? . , ce 1500 GPM Custom ?3r- ar with ' ' 750 Gallon Booster Tank, powered by Detroit M ITA Diesel Engine, with standard equipment as set forth in the Pierce Proposal SpecificationL Two (2) Scots. 1ressur: Demand Air :casks - Mounted Two (2) Extra Scott Bottles - Mounted 9' One (1) Fittei Hose Bed Cover F One ( 1) Akron 42265 - 2 1/2" Hydrant Gate One ( 1) Set - 2 1/2" Double Male #336 and 2 1/2" Double Female #r335 Connectors One edcra'w Ntght Fighter LiQt - ?counted (1) Akron #13 S l Gate& Wye 2 1/2 x 1 1/2 x 1 1/2 Two ( 2) Akron ? 1730 - 2 i/2" Turbojet Playpipe Assembly bur (4) Akron 41715 - l 1/2"Turbojet Nozzels 11 One ( 1) Akron 0448 Spanner Wrenw Holder Set with Wren_hes one ( 1) Akron #1583 - 5" 1 x 2 1/2 : 1/2 F Gated Siamese Two (2; 3 ' Lengrts 3" soft Section HcEe Coupled 2 1/2" M and F li � Long Harbles Temain End . one (1) Mobile :radio 40 Watt - Mounted !' Two (2) Portable Radios 5 Watt jl 7001 of 1 /2% . F. Goodrich Cotton Polyester Double Jacket Fire Hose 602t Test Coin-ad 50 ' Leng is ,NST Couplings Light Weight 1200 ' of 3" nose B. F. Goodrich Cotton Polyester Double packet ' Firs Hose 6000 Test Coupled 50 ' Lenghts 2 1/2" NST ; I Cy u, Li.ngs Light Weight C'a r: i I r i ., i it 1 I i I AM POSE, :TZGERALA, .;FIOOKSTON E Y 8 McLAM j Counuiora JOINT VENTURE AGREEMENT - EXHIBIT "A" 11II �4, p.6.&OX 427 ��rtclsn.:3aho 11fj i�- aphont&W4461 1 1 II I i