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2021-04-22 Historic Preservation Commission HISTORIC PRESERVATION COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, April 22, 2021 at 4:30 PM MINUTES VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/82834000241 Or join by phone: 1-669-900-6833 Webinar ID: 828 3400 0241 ROLL-CALL ATTENDANCE _x___ Blaine Johnston, President _x___ Josh Evarts, Vice President _x___ Jacy Nary _x___ Destinie Hart _x___ Donna Lusignan ____ Jody Ault ____ Brian Fitzgerald ____ Jessica Perreault, City Council Ex-Officio ADOPTION OF AGENDA J. Evarts made motion to adopt agenda, seconded by D. Lusignan All ayes APPROVAL OF MINUTES [ACTION ITEM] 1. Minutes from March 25, 2021 Regular Meeting D. Lusignan made motion to approve minutes, seconded by D. Hart All ayes NEW BUSINESS [ACTION ITEMS] 2. Approve Financial Statement through April 1, 2021 J. Evarts made motion to approve statement, seconded by D. Lusignan All ayes 3. Approve Expenditure for Walking Tour Brochures Order A. Belnap informed the Commission that it is time to reorder the Walking Tour brochures and recommended copying the order of 1000 brochures from Modern Printers. J. Evarts made motion to approve an order for brochures not-to-exceed $1500, seconded by D. Hart All ayes 4. Approve Expenditure for Walking Tour App Maintenance Fee A. Belnap explained that the Commission has had an agreement with the Meridian Downtown Business Association since 2018 to split the cost of the Walking Tour app’s annual maintenance fee. MDBA has requested to opt out of the agreement. A. Belnap noted that paying the full $1000 maintenance fee is already in the budget and would not negatively impact the budget. J. Evarts expounded that MDBA is transitioning to the Chamber of Commerce. Once the transition is finalized, the Commission could partner with the Chamber of Commerce. J. Evarts made motion to approve the expenditure for the maintenance fee and to dissolve the agreement with MDBA, seconded by D. Lusignan All ayes REPORTS [ACTION ITEM] 5. Update: Social Media Efforts J. Nary informed the Commission that the April posts were focused on the History Competition for students and the scheduled posts for May are focused on the Preservation Month Scavenger Hunt. June will have new content with the goal to post every Thursday for #throwbackthursday. J. Evarts has images that could be used for these posts. 6. Update: History Competition for Students D. Hart informed the Commission of the avenues the Subcommittee has used to distribute the competition. A. Belnap will send out the materials after the deadline for the commissioners to score. 7. Update: Preservation Month Celebration J. Nary informed the Commission that the only missing piece for the Scavenger Hunt are the number of prizes. She proposed up to 5 gift cards from downtown business like 830Commons, Sunshine Café, SushiShack, Trufflec, Etc., or Slycebox with a historic medallion. J. Nary will draw participants names out of a hat and A. Belnap will contact the winners and mail the awards. J. Evarts made motion to purchase gift cards from the businesses capping at $100, seconded by D. Lusignan All ayes FUTURE MEETING TOPICS / DISCUSSION Some potential topics that could come up is the budget for FY22, continuing Brandon Hull’s virtual tour, and revisiting the site for the next historical nomination NEXT MEETING: May 22, 2021 ADJOURNMENT J. Evarts made motion to adjourn meeting, seconded by D. Hart All ayes Meeting adjourned at 5:15pm HISTORIC PRESERVATION COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, April 22, 2021 at 4:30 PM All materials presented at public meetings become property of the City of Meridian. Anyone desiring accommodation for disabilities should contact the City Clerk's Office at 208-888-4433 at least 48 hours prior to the public meeting. Amended Agenda VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/82834000241 Or join by phone: 1-669-900-6833 Webinar ID: 828 3400 0241 ROLL-CALL ATTENDANCE ____ Blaine Johnston, President ____ Josh Evarts, Vice President ____ Jacy Nary ____ Destinie Hart ____ Donna Lusignan ____ Jody Ault ____ Brian Fitzgerald ____ Jessica Perreault, City Council Ex-Officio ADOPTION OF AGENDA APPROVAL OF MINUTES [ACTION ITEM] 1. Minutes from March 25, 2021 Regular Meeting NEW BUSINESS [ACTION ITEMS] 2. Approve Financial Statement through April 1, 2021 3. Approve Expenditure for Walking Tour Brochures Order 4. Approve Expenditure for Walking Tour App Maintenance Fee REPORTS [ACTION ITEM] 5. Update: Social Media Efforts 6. Update: History Competition for Students 7. Update: Preservation Month Celebration FUTURE MEETING TOPICS / DISCUSSION 1 NEXT MEETING: May 22, 2021 ADJOURNMENT 2 HISTORIC PRESERVATION COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, March 25, 2021 at 4:30 PM MINUTES VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/88224278048 Or join by phone: 1-669-900-6833 Webinar ID: 882 2427 8048 ROLL-CALL ATTENDANCE _x___ Blaine Johnston, President ____ Josh Evarts, Vice President _x___ Jacy Nary ____ Destinie Hart _x___ Donna Lusignan _x___ Jody Ault _x___ Brian Fitzgerald ____ Jessica Perreault, City Council Ex-Officio ADOPTION OF AGENDA B. Johnston noted a correction to the meeting time in the heading, change to 4:30pm J. Nary made motion to adopt as amended, seconded by D. Lusignan All ayes APPROVAL OF MINUTES [ACTION ITEM] 1. Minutes from February 25, 2021 Regular Meeting J. Nary made motion to approve the minutes, seconded by D. Lusignan All ayes APPROVAL OF MONTHLY FINANCIAL STATEMENTS [ACTION ITEM] 2. Monthly Financial Statement Through March 1, 2021 D. Lusignan made motion to approve financial statement, seconded by J. Nary All ayes NEW BUSINESS [ACTION ITEMS] 3 Item 1. 3. Discuss Commissioner Interest and Attendance at 2021 Main Street Now Conference A. Belnap informed the commissioners of the upcoming Main Street Now Conference and requested that commissioners who are interested in attending the virtual conference contact her by Friday, April 2nd to register. 4. Discuss Potential Opportunity for Underrepresented Community Grants B. Johnston described the grant opportunity to the Commission, stating that the Commission could be awarded $15,000. B. Johnston will email A. Belnap and B. Nary if he has any ideas of potential projects the Commission could use for this grant. 5. Approve Student Initiative Proposal B. Fitzgerald introduced the proposal and the rubric for scoring submissions. The Commission plans to judge the submissions, unless there is a large amount of entries, in which case the Commission will invite members of the public to also judge the submissions. A. Belnap asked that the commissioners help spread the word about the competition. D. Lusignan suggested notifying local news and through social media, A. Belnap said that is possible through publishing a press release and J. Nary said that we should be able to publish it on social media as well. The Commission unanimously approved the proposal. OLD BUSINESS [ACTION ITEMS] 6. Update on Meridian Speedway Intensive Survey, Presentation by TAG Historical Research Barbara Bauer from TAG Historical Research attended the meeting and gave an update regarding the Meridian Speedway intensive survey. She reported that SHPO requested she expand the period of significance for the Speedway timeline and outline the contributing historical buildings in more detail. B. Bauer stated that once she finishes these last details, SHPO will review it again in the fall to determine if the property can move forward with the nomination form. In the meantime, Barbara offered to do a public presentation to share her research with the public. 7. Finalize Plans for Historic Preservation Month J. Nary suggested that Preservation Month be done virtually for the year and that all the content is prepared. Each comment on posts will be considered an entry rather than the quickest response be the winner. Prizes may be from community donations or purchased by the Commission. REPORTS [ACTION ITEM] 8. Update: Social Media Efforts A. Belnap updated the Commission with the latest social media policy, allowing the Commission continue plans with the History of Meridian Idaho Facebook group or return to their former page, while starting a new Instagram page. The Social Media Subcommittee will meet to decide to move forward and update the Commission. J. 4 Item 1. Nary suggested that any commissioner with ideas for social media email her and A. Belnap. FUTURE MEETING TOPICS / DISCUSSION NEXT MEETING: April 22, 2021 ADJOURNMENT D. Lusignan made motion to adjourn the meeting, seconded by B. Fitzgerald All ayes 5 Item 1. AGENCY / VENDOREffective DateDESCRIPTIONFY2021 BUDGETFY2021 REVENUESFY2021 EXPENDITURESAvailable BudgetBudget10/1/2020 Budget for miscHistorical Society budget for misc expenses-$ -$ -$ -$ AGENCY / VENDOREffective DateDESCRIPTIONFY2021 BUDGETFY2021 REVENUESFY2021 EXPENDITURESAvailable BudgetBudget10/1/2020Budget for Training1,000.00$ 1,000.00$ Budget10/1/2020Budget for Supplies200.00$ 200.00$ Budget10/1/2020Budget for Memberships420.00$ 420.00$ Budget10/1/2020Budget for Printing/Promotional1,000.00$ 1,000.00$ Budget10/1/2020Budget for Continuing Education Program700.00$ 700.00$ Budget10/1/2020Budget for Student Initiative150.00$ 150.00$ Budget10/1/2020Budget for Consulting/Photography Services10,050.00$ 4,028.52$ 6,021.48$ Budget10/1/2020Budget for Historic Walking Tour App Maintenance1,000.00$ -$ 1,000.00$ Historic Preservation14,520.00$ -$ 4,028.52$ 10,491.48$ TOTALS14,520.00$ -$ 4,028.52$ 10,491.48$ GL balance 3/31/216Item 2. Effective Date Transaction Description ID Amount 10/14/2020 walking tour kiosk panel replacement signs - qty 6 AP21-0068 1,143.52 12/1/2020 consulting services-Meridian Speedway historical research AP21-0219 2,885.00 1/31/2021 VISA-GOOGLE Play- fee for creating Google play developer account AP21-0337 25.00 2/28/2021 VISA-GOOGLE Play- refund on fee for creating Google Play developer account - orig 1.25.21 AP21-0416 (25.00) 7 Item 2. 8Item 3. This tour winds through the City’s early business district and shows you the shops that drove the economy forward. You will also get to see some of Meridian’s most historic homes & learn about the people who lived there. TAKE A WALK THROUGH THE HEART OF MERIDIAN’S HISTORY GRAB A MAP & TAKE A STEP BACK IN TIME. 9 Item 3. T he forty acres that became the center of Meridian was originally homesteaded by Eliza Zenger. Following the receipt of her ownership land patent, Eliza’s husband, Christian Zenger filed the original town site plat under the name of “Meridian.” Previous to this, the settlement had been known as “Hunter,” named by the railroad in honor of one of Its local superintendents. The postal drop was called “Hunter” from September 11, 1888 until April 3, 1894 when it was renamed “Meridian.” Meridian was incorporated as a village in 1903 after obtaining permission from the Ada County Commissioners. In 1910, the town boasted three general stores, a hardware store, a meat market, a drug store, a pharmacy, a barber shop, a tailor shop, a bank, a loan company, a land office, and a saloon; as well as schools, churches, and a creamery. Thank you for taking this tour and we hope you enjoy your journey through Meridian’s past! The activity that is the subject of this publication has been funded in part with Federal funds from the National Park Service, Department of the Interior and administered by the Idaho State Historical Society. However, the contents and opinions do not necessarily reflect the views or policy of the Department of the Interior or Society. SCAN THE QR CODE ON EACH PAGE FOR MORE INFORMATION OR GO TO WWW.MERIDIANCITY.ORG/OURHISTORY YEAR MERIDIAN POPULATION 1920 1,000 1930 1,004 1940 1,465 1950 1,810 1960 2,082 1970 2,616 1980 6,686 1990 9,596 2000 34,919 2010 75,092 10 Item 3. The Creamery began producing Challenge Butter in 1929. It ran 7 days a week for 40 years & finally ceased operation in 1970. 33 E. Broadway Ave. MERIDIAN CITY HALL FORMER CREAMERY PROPERTY DID YOU KNOW THAT... MERIDIAN IS IDAHO’S FASTEST GROWING CITY 11 Item 3. A residence built for the daughter of J.M. Anderson who platted the subdivision. The home has a lava rock lined partial basement. J.M. Anderson was Mayor of Meridian in 1910. His home is at the south end of the block. 731 N. Meridian Rd. THE ANDERSON HOUSE DID YOU KNOW THAT... MERIDIAN WAS INCORPORATED AS A VILLAGE IN 1903 12 Item 3. The west third of the building was originally a passenger & freight depot for the Interurban Electric Railway & also housed the generator. The building was sold to a local Women’s Organization, the Occident Club in 1930 for $1,205. The club started the City library & later added the eastern two thirds of the building as more space was needed. 18 E. Idaho Ave. INTERURBAN DEPOT DID YOU KNOW THAT...THE INTERURBAN RAN UNTIL 1928 13 Item 3. A residence originally built for town physician, A.B. Compton, this is the only gambrel roof in the area. Locally manufactured brick remains under the present stucco finish. 807 N. Meridian Rd. COMPTON HOUSE DID YOU KNOW THAT... FRUIT RAISING & DRYING WERE IMPORTANT INDUSTRIES IN MERIDIAN 14 Item 3. This residence is a turreted Queen Anne-style home built for Dr. Halbert & Mrs. Grace Neal. Mrs. Neal was a pharmacist & operated Neal Pharmacy in Meridian. Dr. Neal served many years on the Meridian School Board. This property was added to the National Register of Historic Places in 1982 101 W. Pine Ave. NEAL HOUSE DID YOU KNOW THAT... BEFORE MERIDIAN BECAME A VILLAGE, IT WAS KNOWN AS ‘HUNTER’15 Item 3. Built in 1921 this building was originally used as an overflow classroom. It was patterned after a typical one-room schoolhouse & was restored to its full beauty in 1993 as part of Meridian’s Centennial. 915 NW 1st St. PINE STREET SCHOOL DID YOU KNOW THAT... FRUIT RAISING & DRYING WERE IMPORTANT INDUSTRIES IN MERIDIAN 16 Item 3. This is one of the earliest homes in Meridian with a build date on record as 1902. When an epidemic of typhoid fever struck Meridian in 1909, many shallow residential wells and school cisterns were pronounced dangerous. The Hedges’ well was one of the few uncontaminated sources of drinking water in the area. 16 E. Pine Ave. THE HEDGES HOUSE DID YOU KNOW THAT... MERIDIAN’S POPULATION HAS INCREASED BY OVER 40,000 PEOPLE IN THE LAST 10 YEARS 17 Item 3. Built in 1910 the Baird House was home to one of the first ladies’ service clubs, The Meridian Business and Professional Women’s Club, organized in 1928. Mrs. John Baird, wife of the editor of the Meridian Times, was its first president. This group provided opportunities for cooperation among employed women and gave them a means to collectively serve the community. 36 E. Pine Ave. THE BAIRD HOUSE DID YOU KNOW THAT...MERIDIAN’S FIRST TWO-STORY BUILDING WAS THE I.O.O.F. LODGE HALL 18 Item 3. This property was built in 1908 for the Waggoner family. The family’s farm was located off of Chinden so Mr. Waggoner built this home in town so his children could attend school in the Village of Meridian. 46 E. Pine Ave THE WAGGONER HOUSE DID YOU KNOW THAT... THE BOTTOM STORY OF THE I.O.O.F LODGE WAS STOKEBERRY’S GENERAL MERCANTILE STORE 19 Item 3. Built in 1913 by a Meridian businessman, the Ernest F. Hunt House is architecturally significant as the most handsome example of the residential bungalow style developed by the firm of Tourtellotte and Hummel of Boise. This property was added to the National Register of Historic Places around 1980 49 E. State Ave. THE HUNT HOUSE DID YOU KNOW THAT... MERIDIAN IS THE THIRD LARGEST CITY IN THE STATE OF IDAHO 20 Item 3. This early craftsman style home was built in 1920 and was purchased by Clara Hill in 1938. The craftsman design was popular in the United States from 1905 to 1930. This property was added to the National Register of Historic Places in 2005. 1123 N. Main St. THE CLARA HILL HOUSE DID YOU KNOW THAT... MERIDIAN’S ORIGINAL 40 ACRES WERE OWNED BY ONE WOMAN, ELIZA ZENGER 21 Item 3. This building was built in 1912 for $32,000.00 and was the first building west of Denver to have poured cement to the level of the first floor. It served as a high school and graduated an estimated 3,000 early Meridian students. 200 E. Carlton Ave. MERIDIAN RURAL HIGH SCHOOL DID YOU KNOW THAT...THE PRIMARY COMMERCIAL STREET, ORIGINALLY CALLED FRONT STREET, WAS LOCATED ON WHAT IS NOW E. BROADWAY AVENUE 22 Item 3. This home was built in 1907 as a belated wedding present from Harry Tolleth to his wife Della. It was a Sears, Roebuck, and Company plan ordered from a catalog and one of the first homes in town that could boast electricity and central heating. This property was added to the National Register of Historic Places in 1997. 134 E. State Ave. THE TOLLETH HOUSE DID YOU KNOW THAT... IRRIGATION WAS VITAL TO EARLY SETTLERS HOLDING ON TO THEIR LAND ACT CLAIMS 23 Item 3. Built in 1898 for Frank C. Nourse an early land developer. There are three subdivisions in Meridian named after Mr. Nourse. His descendant still lives in the home. 211 E. State Ave. THE NOURSE HOUSE DID YOU KNOW THAT... HERITAGE PAVILION, LOCATED IN CITY HALL’S PLAZA WAS BUILT FROM BRICKS FROM THE ORIGINAL CREAMERY 24 Item 3. Built as the primary residence for Reverend Harvey Powers who is credited as being the organizing Mayor for the village government in Meridian in 1903. Reverend Powers was responsible for all of the “marryin’ and buryin’” in the early years. 134 E. Pine Ave. THE POWERS HOUSE DID YOU KNOW THAT... MERIDIAN’S FIRST LICENSED PHYSICIAN, DR. S.M.C. REYNOLDS, ARRIVED IN 1897 25 Item 3. Built in 1920 the property was purchased by Jack Bell, the manager of Meridian Lumber. The lawn was used to host garden parties during early years for Meridian’s more important residents. 137 E. Pine Ave. THE BELL HOUSE DID YOU KNOW THAT... FROM 1895 -1948 FRUIT RAISING AND DRYING WERE IMPORTANT LOCAL INDUSTRIES 26 Item 3. Merged with the Meridian Exchange Bank in 1912, the building was used to house the Meridian Post Office. In 1938, Elite Cleaners moved into the location until recent years. The building was renovated in 2016 to closely resemble the original façade. The façade is an example of a classic Tourtelotte & Hummel building. 140 E. Idaho Ave. BANK OF MERIDIAN DID YOU KNOW THAT... DAIRY PRODUCTS WERE PRODUCED LOCALLY FOR YEARS, STARTING WITH THE MERIDIAN CREAMERY IN 1897 AND ENDING IN 1970 27 Item 3. Originally an embossed iron building, the street facade was later stuccoed. The building first housed a furniture, mercantile, & variety store. A glimpse of the original metal siding is visible at the rear. 139 E. Idaho Ave. THE HOYNE BUILDING DID YOU KNOW THAT... THE MERIDIAN SPEEDWAY OPENED IN 1951 28 Item 3. The location was originally built for Harrell & Pfaffle Co. in 1913 with commercial space on the first floor & apartments above. At one time, it housed public bathrooms on the second floor where hot baths were available. Early retail tenants were Struve’s & Garrett’s succeeded by the Cash Bazaar in 1933. 136 E. Idaho Ave. THE IDAHO BUILDING DID YOU KNOW THAT... THE HUNGRY ONION WAS BUILT IN 1962 29 Item 3. Prior to 1916 the building was occupied by Sharp’s Harness Co. In that year Sharp’s moved to a new location on Broadway & this building became the long-time home of the Rice Pharmacy. The original owner’s apartment is in the rear of the building. 124 E. Idaho Ave. RICE PHARMACY DID YOU KNOW THAT... MODERN PRINTERS STAFF STILL USE A PAPER CUTTER FROM 1909 30 Item 3. This building is Meridian’s latest addition to the National Register of Historic Places as it was added in 2008. It has previously housed the local telephone company, insurance company, real estate office, bakery, art gallery, newspaper, and popcorn store. 815 N. Main St. MOUNTAIN STATES TELEPHONE DID YOU KNOW THAT... THE VILLAGE IS THE FIRST LIFESTYLE CENTER IN ADA COUNTY 31 Item 3. Lodge meetings were originally held on the upper floor of the building. A lodge social hall in the basement was entered by way of a stairway from Idaho Ave. The Vickers & Sims Hardware Co. occupied the main floor for many years, followed by Louderbough Hardware. More recently the building was remodeled & renamed the “Heritage Building.” 77 E. Idaho Ave. MODERN WOODMAN OF AMERICA DID YOU KNOW THAT... THE FIRST TRAFFIC SIGNAL WAS INSTALLED ON MAIN STREET IN 1967 32 Item 3. Built on the site of the 1897 creamery, several additions were made to the original structure by subsequent owners – Nampa Milling & Elevator Co. & Davidson Warehouse. August Zamzow later purchased the business. 611 E. Main St. WECHBAUGH/ZAMZOWS ELEVATOR DID YOU KNOW THAT...OUR TRADEMARK YELLOW WATER TOWER WAS BUILT IN 1977 33 Item 3. 34 Item 3. 35 Item 3. THANK YOU FOR TAKING THE MERIDIAN HISTORIC WALKING TOUR THIS BROCHURE & WALKING TOUR WAS CREATED IN PARTNERSHIP WITH THE CITY OF MERIDIAN & THE MERIDIAN DEVELOPMENT CORPORATION. WE ARE THANKFUL FOR THE VALUE PLACED ON MERIDIAN’S HISTORY & FOR THE INTERAGENCY COOPERATION THAT ALLOWED THIS TOUR TO COME TO FRUITION. OUR THANKS GO OUT TO HISTORIAN LILA HILL, THE HISTORICAL SOCIETY, THE MERIDIAN HISTORY CENTER, ARTIST SCOTT PENTZER, PHOTOGRAPHER JASON MURPHY, THE IDAHO STATE HISTORIC PRESERVATION OFFICE, THE NATIONAL PARKS SERVICE, AND MODERN PRINTERS. YOUR TIME AND TALENTS THAT WERE VOLUNTEERED TO PRODUCE THIS TOUR AND YOUR EFFORTS TO PRESERVE OUR HISTORY ARE GREATLY APPRECIATED. This program receives Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, religion or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Chief, Office of Equal Opportunity Programs, United States Department of the Interior, National Park Service, 1849 C Street., NW, MS- 2740, Washington, D.C. 20240 MANY OF THE PHOTOS IN THIS BROCHURE ARE FROM THE HISTORY CENTER’S COLLECTION. WE ENCOURAGE YOU TO VISIT THE MERIDIAN HISTORICAL SOCIETY’S HISTORY CENTER TO SEE MORE OF THEIR COLLECTION.36 Item 3. 37Item 4. 38Item 4. MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DOWNTOWN BUSINESS ASSOCIATION FOR CONTRIBUTION TO TOUR BUDDY COMPUTER APPLICATION This MEMORANDUM OF AGREEMENT ("Agreement") is made this 23rAday of 2018 ("Effective Date"), by and between the City of Meridian's Historic Preservatio ommission ("HPC"), on behalf of the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Downtown Business Association ("MDBA'), an organized association of businesses primarily located in the downtown business district of the City of Meridian (collectively, "Parties"). WHEREAS, the Parties desire that a partnership be formed between the City, HPC, and the MDBA to create and supply for public use a Computer Application through the company Tour Buddy ("Tour Buddy App") to provide an historical walking tour experience with parallel marketing of MDBA member businesses; 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. CrrY's RESPONSIBILITIES. A. Tour Buddy App production. Between the effective date of this Agreement and September 30, 2018, City agrees to provide MDBA with administrator access to Tour Buddy App to allow them to upload their content to the downtown business marketing component of the Tour Buddy App. B. Invoice MDBA. City shall pay for all costs of constructing and release of the Tour Buddy App, including both the historical walking tour and downtown business marking components, through September 30, 2017. Upon acceptance of this Agreement, City shall provide one (1) invoice to MDBA by March 1 of each year, in the amount of fifty percent 50%) of the annual maintenance fee for the continuation of Tour Buddy App. It is estimated that in March of 2018 such amount will be approximately five hundred dollars 500.00), City shall communicate to MDBA any increase in the cost of the maintenance prior to issuance of the annual invoice to MBDA by March 1 of each year. II. MDBA's RESPONSIBILITIES.. A. Reimbursement. Within thirty (3.0) days of receipt of City's invoice, MDBA shall provide payment to City in. the amount invoiced, not to exceed fifty percent (50%), of the annual maintenance fee for the continuation of Tour Buddy App. B. Monitor content. MDBA shall ensure that the content provided by MDBA and its members for the downtown business marketing component of the Tour Buddy App will not contain profane, obscene, indecent, violent, or pornographic content and/or language; content that promotes, fosters_ or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, or national origin; defamatory or personal attacks; threats to any MEMORANDUM of AGREEMENT FOR TOUR BUDDY APP PARTNERSHIP PAGE 1 of 3 39 Item 4. person or organization; content that promotes, fosters or perpetuates conduct in violation of any .federal, state or local law; content that encourages or incites illegal activity; information that may tend to compromise the safety or security of the public or public systems; or content that violates a known legal ownership interest, such as a copyright, of any party. III. GENERAL TERMS. A. Term. It is acknowledged by the parties that the Tour Buddy App was launched in May 2017. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2018. Subject to City's appropriation of funds, this Agreement shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other in the manner set forth herein. B. Ownership of Tour Buddy App and content. The Tour Buddy App and all content provided by HPC for use in the historical walking tour component thereof shall be owned by the City. City has the right to continue or discontinue use and/or support of the historical walking tour component of the Tour Buddy App at its sole choosing, with or without the MDBA as a partner, in accordance with the termination clause below. The downtown business marketing component of the Tour Buddy App and all content provided. by MDBA for use therein shall be owned by MDBA. MDBA has the right to continue or discontinue use and/or support of the historical walking tour component of the Tour Buddy App at its sole choosing, with or without the City as a partner, in accordance with the termination clause below. Each party agrees that it will modify, edit, remove, or replace only the content that appears in its respective component of the Tour Buddy App, and shall assume no responsibility for or association with the content appearing on the other's component. MDBA shall assume complete and sole responsibility for, and shall indemnify and save and hold harmless City from, any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as a result of any infringement by MDBA or its members of or upon any intellectual property rights, whether intentional or unintentional, known or unknown,, including any copyright, trademark, or patent, arising out of the reproduction or use in any manner of any images, designs, information, or other material created or used by MDBA or its members in the downtown business marketing component of the Tour Buddy App. C. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian City Clerk Attn: Hillary Bodnar 33 E. Broadway Avenue Meridian ID 83642. MDBA: Meridian Downtown Business Association Nick Grove, Board. President PO Box 1393 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. D. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and MEMORANDUM OF AGREEMENT FOR TOUR BUDDY APP PARTNERSHIP PAGE 2 OF 3 40 Item 4. supersedes all 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. E. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, non -appropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest, by providing thirty (30) days written notice. If MDBA is the terminating party, City shall be entitled to receive reimbursement for payments made for services provided to the date of termination. If City is the terminating party, MDBA shall be entitled to reimbursement of a negotiated pro -rata share of MDBA's contribution for any services that have not been provided at the time of termination. 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 particular 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. 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, Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 4 a J UC r Y , 2018. MERIDIAN DOWNTOWN BUSINESS ASSOCIATION WUNATURE V(_k Grove, Prp_S d e'n- " BY (PRINT NAME, TITLE CITY OF MERIDIAN: QOE ;" AUG SI, Attest: o'_ C11.V of w E IDIAN_— j Tammy—de— eerd, Mayor D A H O SEAL C. ay Cole , i Clerk MEMORANDUM OF AGREEMENT FOR TOUR BUDDY APP PARTNERSHIP PAGE 3 OF 3 41 Item 4. M E R I D I A N H I S T O R I C P R E S E R V A T I O N C O M M I S S I O N C O M P E T I T I O N HISTORY Multi-Media Digital Media Essay Painting Sculpture Diorama and more! Projects Types:P r i z e s : Elementary Annual Family Pass to the Boise Zoo Middle School $200 High School $500 FOR STUDENTS for more information visit meridiancity.org/history/competition Projects Due: May 2, 2021 42 Item 6.