Meridian Development Corp. for a MOA contribution to streetscape improvements - Traffic Box Art. Item#17.
,N-11Et ORAN01 N1 01 1c:1t�f;h1�;N'1°
FOR CON'l R111iITION `l t i :ti 1 141 1 1 SC'APF IMPROVFMFNTS
I hii MFh1010NDUM OU A(ilCh;l=.M1'.N l FOR CONTRIFItI I ION`CO TRAFFIC 0OX
COMMUNI'l Y Aft I'Itt).11_:C1"("Agreement")is made this Ist day of October. 2020 f ElTeetive
Date"),by and between the City of Meridian,a municipal corporation crrgunired under the laws of
the State of Idaho("City").and Meridian Development Corporation,an urhan renewal agency
organized under the laws of the State of Idaho("MDC").
WHEREAS, MDC previously provided certain streetseape improvements including a
bench, litter receptacle and other site improvements for use in downtown Meridian;
WHEREAS,the Meridian Parks and Recreation Department is requesting MDC sharc in the
cast to replace and repair some of these strectscape improvements MDC previously purchased;
WHEREAS, MDC is willing to contribute to City up to three thousand five hundred forty
one dollars($3,541.00) to repair and replace certain streetscape improvements;
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. CITY's RESPONSIBILITIES.
A. Repair and Replacement of Streetscape Improvements. Between Oct 1,2020 and
September 30, 2021,City agrees to replace one bench,one litter receptacle and install
replacement slats to refurbish certain site furnishings located within MDC's downtown
I urban renewal district boundaries.
i B. Invoice MDC. City shall remit to MDC an invoice to reimburse the City for the $3,541.00
if cost of replacing and repairing the above described streetseape improvements.
II. MDC'S RESPONSIBILITIES.
A. Reimbursement. Within thirty(30)days of receipt of each of City's invoice,MDC shall
provide payment to City in the amount of three thousand five hundred forty one dollars
($3,54I.00).
1
B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's
obligations under this Agreement to provide payment to City as described herein shall be
subject to and dependent upon appropriations being made by the MDC governing board for
such purpose.
2021 MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE FMPROVEMENTS
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Page 262
Item#17.
A Trrn Wok Ag"nettt hrgin (lc k4vt 1. 202(1 mul%hell rein in elfimt thfough
.srocalt et At1. :4761 m until the MAVt tc ape itnprr,r dmrntt WV mplated and repaired and the
City is relmhomed, %likheter outura fiMt.
H. Notira. Notice requimd to he pn)►ided by either of tlt panirt itmlor this Almintal %hall
he in writing and tv deerned c4miniunicated when mailed h) i muted Statrq Moll,addre�,wd
as fill lo"it:
City: Cily of Meridian MDC: Meridian Development Corplrratuan
Oty Attorney's OfTicr Ashley Squyrva,Administrator
t3 I.. Ilruadway Avenue 104 East Uairview Avcnue#239
Meridian II)8,W2 Meridian 1D 83642
Either party may change its address for the purpose of this paragraph by giving, furinal
t notice of such change to the other in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement,and
supersedes al I prior agreements, understandings,negotiations,representations,and
discussions,whether verbal or written,of the parties pertaining to that subject matter. The
Agreement may not be changed,amended,or superseded unless by means of writing
executed by both Parties hereto.
D. Termination. Either party may terminate this Agreement in whole,or in part, due to
convenience,nonap prop riation,or when either or both parties agree that the continuation of
the project is not in the parties' best interest,by providing thirty(30)days written notice. If
MDC is the terminating party,City shall be entitled to receive reimbursement for payments
made for services properly performed by City to the date of termination.
F. Indemnification. To the fullest extent permitted by law and by Article Vlil.section 4 of
the Idaho Constitution,City agrees to indemnify,defend,and hold harmless MDC and its
officers,agents,consultants,and employees from and against any and all liability,claims,
losses,actions,or judgments,costs and fees, including any costs and attorney's fees incurred
therein, for damages, losses,or injury to entities,persons or property for any act,error,or
omission arising out of or in any way connected with the activities and programs described
herein and/or the activities of City and its officers,employees,contractors,or agents related
to or connected with this Agreement.
F. Severability. If any part of this Agreement is held to be invalid or unenforceable,such
holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion.The invalidity
or unenforceability of any provision of this Agreement shall not affect the other provisions,
and this Agreement shall be construed in all respects as if any invalid or unenforceable
provision were omitted.
202t MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE IMPROVEMENTS
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Item#17.
G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and
jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada
County, State of Idaho.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on
the date first noted above.
ME AN DEVEL PMENT CORPORATION:
Attest:
Dave Winder Chairman ,
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor Chris Johnson, City Clerk
20211 MOA MDC AND C I FY Fx►8 RiFt AdCMEN1 AN11117AA M S11U YIsc riff Ml'Clk414Lhff%I S
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