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Home My WebLink AboutInteragency Agreement with ACHD for Franklin Rd to Overlandr INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO ACHD PROJECT, FRANKLIN ROAD TO OVERLAND ROAD (and I-84 OVERPASS) This Agreement is entered into this ~ day of ~' ~ 2002, by and between the City of Meridian, hereinafter referred to as "City", and Ada County Highway District, hereinafter referred to as "ACHD" for the purpose of setting forth a general agreement as to cooperation between the parties for the mutual benefit of both entities to successfully finance and build amuch-needed road project in Ada County. WHEREAS, ACHD is specifically responsible for all county secondary and city highways within the County of Ada and is a body politic and corporate of the State of Idaho, pursuant to Section 40-1307, Idaho Code; WHEREAS, ACRD has programmed the improvement of a Road project that would connect Franklin Road to Overland Road via an I-84 Overpass; WHEREAD, the Idaho Department of Transportation (ITD) has made available significant federal funds for partial construction of this project; and WHEREAS, ACHD does not have the necessary, uncommitted funds to advance this project from Planning/Development to Right-of-Way acquisition and construction within the next 3 years; and WHEREAS, CITY desires to see this project advanced to construction completion and is willing to assist ACHD financially to fulfill this desire; and WHEREAS, it would be to the mutual benefit of both government agencies to work together to accomplish amuch-needed project; and WHEREAS, the ACRD and The City, pursuant to Section 67-2332, Idaho Code, have the authority to enter into interagency agreements; NOW THEREFORE, the ACHD and the City do hereby agree as follows: ARTICLE 1. DEFINITIONS Interagency Agreement ACHD/City of Meridian -Page 1 of 6 (05/14/01) As used in this Agreement, the following words when capitalized have the meanings herein stated: 1.1 ACHD shall mean the Ada County Highway District, a body politic and corporate of the State of Idaho, whose address is 318 East 37th Street, Garden City, Idaho 83714-6499; 1.2 CITY shall mean the City of Meridian whose address is 33 E. Idaho Ave., Meridian, Idaho 83642; 1.3 ITD shall mean the Idaho Department of Transportation; 1.4 PROJECT shall mean the ACHD minor arterial construction from Overland Road to Franklin with a freeway overpass over I-84 including intersections; ARTICLE 2. ACHD'S RESPONSIBILITIES ACHD AGREES TO: 2.1 Design the Project; 2.2 Enter into an Agreement with ITD for the construction of the PROJECT seeking the maximum federal funds contribution available; 2.3 Begin acquiring necessary Right-of-Way for the PROJECT based upon 95% design; 2.4 Notify CITY that ACHD will begin right of way acquisition for the PROJECT at least thirty (30) days before beginning acquisition. 2.5 In the event ACRD seeks reimbursement for a specific Right of Way acquisition for the PROJECT, provide to the CITY in a timely manner, the following documentation for each property: copy of purchase and sale agreement, copy of closing statement, copy of costs of appraisal and negotiation, recorded deed and Summary of Transaction including total amount requested for reimbursement for each property; 2.6 In no event will ACRD seek reimbursement from the CITY for more than ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS (1,800,000) total. ARTICLE 3. CITY"S RESPONSIBILITIES CITY AGREES TO: Interagency Agreement ACHD/City of Meridian -Page 2 of 6 (05/14/01) 3.1 Establish a reserve account in the amount of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) within thirty (30) days' notice from ACRD as provided in section 2.4. 3.2 Within forty-five (45) days after the end of each quarter (March 31, June 30, September 30, and December 31) based on receipt of the information described in Section 2.5 above, remit to ACRD the total amount paid during the applicable quarter to property owners and/or property owners' encumbrancers as compensation for the right of way. Excluded from reimbursement to ACHD are environmental assessment costs, appraisal costs, negotiation costs, title costs, closing costs, and any other costs not involving direct payment to, or on behalf of, property owners as compensation for the acquisition of right of way for the PROJECT. 3.3 Reimburse ACHD up to the amount provided in section 3.1. ARTICLE 4. NOTICE Notice. Any and all notices required to be given by either of the parties hereto, shall be in writing, other than those instances in this contract wherein oral notice is specifically allowed, and will be deemed communicated when mailed, first class, postage prepaid in the United States mail addressed as follows: a) CITY: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642; b) ADA COUNTY HIGHWAY DISTRICT; Planning/Programming Coordinator Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 ARTICLE 5. MISCELLANEOUS PROVISIONS 5.1 The effective date of this Agreement will be immediately after both entities have approved such Agreement and official signatures have been affixed; 5.2 In the event of termination, any right-of--way property that an enforceable contract has been executed upon prior to termination by CITY received by ACRD will remain the responsibility of the CITY pursuant to Section 3.2; Interagency Agreement ACHD/City of Meridian -Page 3 of 6 (05/14/01) 5.3 Neither party shall assign its interest in whole or in part in this Agreement without the written consent of the other party; 5.4 This Agreement shall be governed by the laws of the State of Idaho; 5.5 This Agreement may be amended only by written instrument signed by both CITY and ACHD; 5.6 Should any portion of this Agreement be found to be unenforceable by a court of competent jurisdiction such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions; 5.7 In the event either party to this Agreement is required to initiate or defend litigation with respect to the terms hereof, or the rights granted hereunder, the prevailing party in such litigation shall be entitled to all reasonable attorney's fees and costs incurred in such litigation; 5.8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties; 5.9 Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument; IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day, month and year first above written. fM , ;~~~~~i ~ yam.'.; n` fj/~ ~~ ~v ~~,' _ ~~~~~~ `~,, -r tKl ~ l .c .. ~ r~ `,: Attest: ~. ,,~. >~ ~ -<t ~ „~ A .. „Ra:. By: r,,rr~. ~ Clerk of the City of Me di n CITY OF IDIAN -~ By: , R BE T D. CORRIE, Mayor ity of Meridian By regular/special meeting on ~ ~~ ~~` ~ Z~~~D Interagency Agreement ACHD/City of Meridian -Page 4 of 6 (05/14/01) ADA C NTY HIGHWAY DISTRICT B Y~ David Wynkoop, Presi nt Board of Commissioners Attest: By: ~, ;,~.~ ~ l / Director ,=~ Ada County ighway Dis~ict STATE OF IDAHO ) ss. County of Ada ) Secs On this lS~day of +~.,C ,269'1, before me, S h S ~ ~ , a Notary Public in and for the S to of Idaho, personally appeared Robert D. C rie -and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed this instrument within, and acknowledged to me that City of Meridian executed the same. IN WITNESS WHEREOF, I haul seal the day and year first above written. ','~~~~~, SLA UQ~~ ~. y5 dot"Rr `°'° * ~'~ ppgL1G O; ~~~.,~T~ OF 194.~`~~~' hereunto set my hand and affixed my official ~~ ~ -~ Notary Public for the State of Idaho Residing at: ~s,.~e.. ,--~-~~a ~•..o My commission expires: ~-.4 - S - Z 6~3 Interagency Agreement ACHD/City of Meridian -Page 5 of 6 (05/14/01) STATE OF IDAHO ) ss. County of Ada ) n 2 cs~ 2 s~FS On th's ~ day of ~ ~A81, before me, ~, ~ 10.u fir: a Notary Pub 'c in and for the State of Idaho, personally appeared Davi Wynkoop, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, and William J. Schweitzer, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho ~~,..++++++..,,,~ Residing at: ~.~. -..~. - '''~~~~~, sLgUC~,,~~ My commission expires: 4-~ - 2 cs~3-. s ? ,~~' ~OTAR p ~~~ps, h ~ ~ ~~ pUBL1G v, O Interagency Agreement ACHD/City of Meridian -Page 6 of 6 (05/14/01)