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MOU with Intermountain Pet Hospital for Donation of Dog Agility Equipment for Bark ParkMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MERIDIAN AND INTERMOUNTAIN PET HOSPITAL This MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MERIDIAN AND INTERMOUNTAIN PET HOSPITAL is made this day of 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Intermountain Animal Hospital, PLLC, a limited liability company, doing business as Intermountain Pet Hospital, organized under the laws of the State of Idaho (hereinafter "IPH"). WHEREAS, City and IPH are mutually interested in enhancing the Meridian community's quality of life by providing spaces where people can bring their dogs for off -leash exercise, play, and socialization; WHEREAS, City's Storey Park, located at 205 E. Franklin Road, Meridian, Idaho, upon completion, will include a designated area where dogs are allowed ofd leash; WHEREAS, IPH wishes to donate to City, for public use in Park, dog agility equipment as described in Exhibit A hereto; WHEREAS, City is grateful to IPH for this donation, as it will enhance the dog park amenity at Storey Park for Meridian residents and visitors, both human and canine; 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: I. IPH CONTRIBUTION. IPH shall contribute to City the dog agility equipment enumerated in Exhibit A hereto. Upon delivery of the dog agility equipment, City shall assume full, irrevocable ownership thereof. II. ACKNOWLEDGEMENT. City shall publicly acknowledge IPH's contribution by posting two signs, approximately eight inches wide and twelve inches high (8"xl2"), inside the dog park at Storey Park ("Signs"). Except as otherwise set forth herein, the Signs shall be posted for seven (7) years, the anticipated useful life of the agility equipment. City's posting of the Signs is a gesture of acknowledgment and gratitude, and shall not be construed as consideration for donation of the agility equipment. If City should remove the Signs, City need not return the agility equipment donated by IPH. City may remove either or both of the Signs in the event of: an act of nature, loss of funding, premature end of the useful life of the agility equipment, or other unforeseeable event; a change in circumstances that renders the Signs or the agility equipment a detriment to the public health, safety, or welfare; or reasoned determination by the Meridian City Council that removal of the Signs is in the best interest of City. MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 1 of 3 III. CITY OWNER OF EQUIPMENT. Upon delivery of the dog agility equipment, City shall be the owner of the equipment and shall, in City's sole discretion, determine whether, how, when, where, and under what circumstances the equipment shall be installed, used, or maintained. If for any reason, City determines that the equipment is no longer safe, useful, or attractive, City may repair or remove such equipment, in City's sole discretion. IV. CITY OWNER OF PARK. Nothing in this Agreement shall prevent City from making any improvements or changes to Storey Park or any component thereof, including the dog park, whether temporarily or permanently, as may be necessary to protect the health, safety, and/or welfare of the public or to fulfill the duties of the Parks and Recreation Department Director as set forth in Meridian City Code. V. NON -APPROPRIATION. IPH acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. VI. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. VII. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. VIII. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the governing body of City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of f b , 2015. INTERMO AIN PET HOSPITAL: Roberf Beede, DVM CITY OF MERIDIAN: BY: Tammy alerd, Mayor 4,e Attest: Jaycee HolWan, City �eoV'AreDAjjC T I ~ u> lty OE ILIA Nk- IDA110 L m "SFS SEAL v MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 2 of 3 1 * T, 444 1111 'Doi 511X1211AGILITY EQUIPMENT DONATION SIGNS & EQUIPMENT LIST !rr 'r • sMMMMEEM Dedicated to healthy pets, happy families and building strong communities Total of Donation: $8,469.90 MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 3 of 3 ty Itern Code Desof UM Pfice E3ch Anmu t 1 6413- AOftyWalk et of 5) EA. PROD 963.ODT 1 I- A Frdme, THigh EA '2140.011 `�,49°S.00T 1 t 5620- %6u ky Tile Hoop, CohwRe&BhoTellow Ell 566.0Q 566.ODT 1 6402- Dog Wak RmV,; Y Edi 3;41 .0D 2.4%.00T1 6403- Wait Table, 8" I7�- Donaimu EA 0.OD 0.0DT I 1 306- Scottie Seesaw, Color. RedMlve - Domam Edi 0.014 O.ODT 1 6516- FleaVe Weave Pales (Set of 6) - Dcmatkn KA 0.00 0.00T 2 7260 Red FireHyilxmiL 33' high ESP 3 .00 796.09T 1 6703- BOW WON Bawl EA 1,090.041 1,090.00T }** Stboul t** 9,411.OD Loos y taxi S= Disco� 1t-10..yI4q°�`6�{, -941.10 Fra& �-ei_ and g � - 9110.041 } 9W.W Total of Donation: $8,469.90 MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 3 of 3