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HomeMy WebLinkAboutMeridian Rural Fire for Firefighting & Life Preservation Contract ADDENDUM. TO THE CITY OF .M:ERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT WHEREAS, City of Meridian (the "City") and Meridian Rural Fire Protection District (the "District") own, separately and jointly, certain parcels of real property, and improvements appurtenant thereto, and items of personal. property, all of which are held, operated, used and maintained in the operation of the fire department under and in accordance with. that certain agreement entitled "CITY OF MERIDIAN /MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Joint Powers Agreement") between the City and. the District; and WHEREAS, the City is "responsible for maintaining ... insurance ... to maintain department functioning at a level to provide the `Fire and Life Protection Services' required of it by this Agreement", pursuant to the Joint Powers Agreement, specifically at Section 16.1 thereto; and WHEREAS, the City and the District desire to clarify and confirm the Ci.ty's contractual obligations, under the Joint Powers Agreement, to secure and provide insurance, and specifically to secure and provide applicable and appropriate insurance to insure against loss, fire, casualty, liability and as otherwise appropriate, all the parcels of .real property, together with improvements appurtenant thereto, and all items of personal property held, operated, used and maintained i:n the operation of the fire department under and in accordance with. the Joint Powers Agreement, whether owned separately by the City, separately by the District or jointly by the City and the District,; and WHEREAS, the purpose of this Addendum is to memorialize the clarif cation and confirmation of the C.ity's contractual obligations, under the Joint Powers Agreement, to secure and provide insurance, and specifically to secure and provide applicable and appropriate insurance to insure against loss, fire, casualty, liability and as otherwise appropriate, all the parcels of real property, together with improvements appurtenant thereto, and all items of personal. property held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement, whether owned separately by the City, separately by the District or jointly by the City and the .District. NOW, TIERE:FORE, for good and valuable consideration, the receipt of. which is hereby acknowledged by the parties hereto, the City and the District hereby clarify, confirm, acknowledge and agree as follows. 1. The City owns, separately and independent of the :Di trict, certain property; real., personal and mixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. 2. The District owns, separately and independent o:f the City, certain property; real., personal and infixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. AD:DENDUIVI TO JOINT EXERCISE OF POWER AGREEMENT, Page - 1 - v .. i 3. The City and the District own, jointly, certain property; real, personal and mixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. 4. The City shall, pursuant to its contractual obligations under the Joint Powers Agreement, secure a policy or policies of insurance to provide, at is sole cost and expense, applicable and appropriate insurance to insure all property; real, personal and mixed; held, operated., used and maintained in the operation of the fire department under and in accordance wi h the Joint Powers Agreement, whether: (a) such property be owned separately by the City; (b) such property be owned separately by the District; or (c) such property be jointly owned by the City and District; against loss, fire, casualty, liability and as otherwise appropriate to protect the insurable interest of the City and the District, respectively. 5. All terms, provisions, covenants and agreements set forth in the Joint Powers Agreement shall remain and be the same, except for the clarifications, confirmations, acknowledgments and agreements made by the terms and provisions of this addendum and such other duly executed addenda, amendments and modifications heretofore and hereafter made to said Joint Powers Agreement by and between the parties. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this day of , 20_ City of Meridian By: Mayor Attest: By: C:i Clerk By Council Resolution N~o.: By: Attest: By: Secretary By Council Resolution No.: Meridian Rural Fire Protection District Chairman AD:DENDUNI TO JOINT EXERCISE OF POWER AGREEMENT, -.Page - 2 -