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Interagency Agreement for ACHD Franklin to Overland I-84 INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO ACHD PROJECT, FRANKLIN ROAD TO OVERLAND ROAD (and 1.84 OVERPASS) This Agreement is entered into this /SJ? day of Itpn'l ,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 a much-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, ACHD has programmed the improvement of a Road project that would connect Franklin Road to Overland Road via an 1-84 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 a much-needed project; and WHEREAS, the ACHD 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 (05114101) 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 37'h 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 1-84 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 ACHD 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 ACHD 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 (05114101 ) 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 ACHD 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 ACHD 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 37111 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 ACHD will remain the responsibility of the CITY pursuant to Section 3.2; Interagency Agreement ACHD/City of Meridian - Page 3 of 6 (05114101) 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 Bindina 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. }b,'C',',".','~"',;t.,',." ~-_,-,~,r"',','~,,,..',~,'.,',','.',:',",',",".""',.,,,,' :.> it ;i.~" ".<~. \ '~~~.C;:;i:'L /? ~;.~.'-:~! t~\'" . Attest: . ,,;'tt'(i};if'i ",.,,'¡" By: //i;~'¡1~ jfr -Clerk of the City of Meffdidn By regular/special meeting on ß 6N,../Þ¡. r 2 ç / 2 v tI z...-- By: Interagency Agreement ACHD/City of Meridian - Page 4 of 6 (05114101) By: Attest: . /; By: ! à.l:' Director / , Ada COUniighWay Di 'ct STATE OF IDAHO) ) ss. County of Ada ) .....s On this l'3.!,.. day of n..,...:...l ,~before me'sl<.SQV\ \.! <;;lc:uo\.éfk.\e., a Notary Public in and for th~aho, 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 have hereunto set my hand and affixed my official seal the day and year first above written. V' , ~~ S}~fjl~ Notary Public for the ~tate of Idaho I ..""';¡:"""'", Residing at: ~) ~cl... ~ /.+'" .4crQ~" My commission expires: c.-1 -'? - "LiSl:>3 I" .;.-r :¡. \ I~ ...o1Altl' ~ \ .., ~ . * _.- * = ." ÞUB\.\C ,- "':¡. of "~ 1'8 01' \\) ~.."I ",..".........- Interagency Agreement ACHD/City of Meridian - Page 5 of 6 (05114101) STATE OF IDAHO) ) 55. County of Ada ) j$ "Z 0'1> Z. ~" On ~ ¿ day of CèoJ, 2001, before me, S ,...c:,GV\-' S \ c..u~ ~-kr, a Notary ~nd 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.' ~ ~c:i- ~t~ Notary Public for Idaho """""""" Residing at: ~ ~C:L....b ..,.~... SL.4crQ;~., My commission expires:' '-t-~ - Z 6'b 3 I"C' ~\ ¡! +o1Altl' ;,o! =* -- *= \. ÞUB\.?JJC -..: of ~~~!,,~! \~ ~ , Interagency Agreement ACHD/City of Meridian - Page 6 of 6 (05114101) " , 1. 2. 3. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 26, 2002, at 6:30 p.m. City Council Chambers Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nary ~ Cherie McCandless ~ Keith Bird ~ Mayor Robert Corrie Adoption of the Agenda: Additions Approved Consent Agenda: A. 4. Approve minutes of July 18, 2001 Special Budget Workshop: Approved B. Approve minutes of February 12, 2002 City Council Special Meeting: Approved c. Approve minutes of February 12, 2002 City Council Regular Workshop: Approved D. Locust Grove Approved Overpass Agreement: Moved 5.D: to Department Reports: A. Finance / Accounting Department 1. Finance Report: Stacy Kilchenmann report B. Public Works Department 1. WWTP Lab Change Order: Approve $12312.00 by GUHO Construction 2. Award of Contract for Digester Piping Modification: Approve award to Drake Mechanical for $14,877.00 3. South Slough Sewer Discussion: Discussion Meridian City Council Agenda - February 26, 2002 Page 1 of2 AU materials presented at public meetings sbaU become property of tbe City of Meridian, Anyone desiring accommodation for disabilities relaled to documents and/or bearings please contact tbe City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Meridian City Council Meeting February 26. 2002 Page 30 of 39 Bird: No we are just fine. Kuntz: Thank you mayor and Council. Bird: You have the legal description on that, that is all we care. Item S-D . Locust Grove Overpass Agreement: Corrie: Discussion on the Cell Tower ordinance - oh I am sorry, we are still on the Locust Grove Overpass - (inaudible discussion amongst Council) Corrie: -- Locust Grove Overpass, Mr, Nichols. Nichols: Thank you, Mr. Mayor, members of the Council. This is the final iteration of the various drafts on the reimbursement agreement with ACHD for land acquisition costs associated with the Locust Grove Overpass project. I believe this reflects all of the Council's concerns in terms of a maximum potential contribution capped at 1.8 million dollars. It satisfies the finance department requirement with regard to when the reimbursements would be paid to ACHD. I think those were the final items that had to be worked out. Those were, so, we present it to you for approval so it can be signed next Monday at the joint ACHD and city meeting. Corrie: Any other discussion? Nary: Mr. Mayor. Corrie: Mr, Nichols, excuse me, Mr. Nary. Nary: There is a type-o on the first page, please fix that before we sign it, that is the only thing I saw. One of the whereas. Nichols: Yes, okay. (inaudible discussion amongst Council) Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council, this was transmitted electronically from ACHD so the clerk can make that change and have it ready to go. What is contemplated is, say there would be a joint signing next Monday, if you approve this. Corrie: Any discussion? Bird: Mr. Mayor. Meridian City Council Meeting February 26, 2002 Page 31 of 39 Corrie: Mr. Bird. Bird: With no discussion I would move that we approve the interagency between the Ada County Highway District and the City of Meridian for the financial contribution to the ACHD project Franklin Road to Overland Road and 1-84 Overpass, for the mayor to sign and clerk to attest. McCandless: Second, Corrie: Motion is made and seconded. Is there any further discussion? Hearing none, Roll-Call vote Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. MOTION CARRIED: ALL AYES Corrie: We will do that signing Monday. All right, the cell tower draft ordinance. Shari? Stiles: Mr. Mayor, when did you want me to bring up the special meeting? Corrie: You can, I have got everything in here if they want to read it too. Lets do talk about that. I was there, I was the only one but David did give some content to it. Stiles: Oh I am sorry I was - the one we discussed with department heads this morning Corrie: Oh yes. Stiles: Should I do that now? The project Gary was talking about previously in Silverstone, the use is not permitted for the development agreement. They have requested an amendment to the development agreement to incorporate those uses specifically for this building, but it requires a public hearing, If possible, I would like to have the special meeting before next Tuesday's meeting to have the public hearing on this proposed use. Corrie: I don't think we have time to do it before the - Stiles: No I mean just before the Tuesday meeting, like 5:30 or whatever - on the 26th, the same day but just prior the - that would be March 26111. (inaudible discussion amongst Council) Corrie: Have that at 5:00 on the 26111 of March so you can make a decision on that one. There is going to have to be a change in the development agreement to allow the use, right? Stiles: Yes. In fact it includes uses that were specifically prohibited before.