Mou/Moa - 2019 - Cost Share-Design Work For Streetscape / Sidewalk Improvements Eagle Rd & State St - 12/10/2019 0 -11GINAL
MEMORANDUM OF AGREEMENT
FOR COST SHARING WITH THE CITY OF EAGLE FOR DESIGN WORK FOR
STREETSCAPE AND SIDEWALK IMPROVMENTS ALONG A PORTION OF EAGLE
ROAD AND STATE STREET
This MEMORANDUM OF AGREEMENT FOR COOPERATION AND COST
SHARING ("Agreement") is made this IC day of December, 2019 ("Effective Date"), by and
between the City of Eagle, a municipal corporation organized under the laws of the State of
Idaho ("City"), and the Eagle Urban Renewal District, an urban renewal agency organized under
the laws of the State of Idaho ("EURA").
WHEREAS, EURA and the City desire to cooperate and work together regarding future
growth and development in the Urban Renewal District and the City of Eagle;
WHEREAS, EURA and the City would both benefit from the design of streetscape and
sidewalk infrastructure along Eagle Road between Plaza Drive and Idaho Street, and along State
Street between Olde Park Place and 2nd Street;
WHEREAS, design and construction of sidewalks and providing for streetscape design
standards within the EURA boundaries conforms with the goals and objectives of the EURA and
its revitalization plan;
WHEREAS,the total estimated cost of the design of the streetscape and sidewalk
improvements on Eagle Road between Plaza Drive and Idaho Street, and along State Street
between Olde Park Place and 2nd Street is twenty-four thousand seventy-five dollars $24,075
and the EURA is willing to share that cost equally (50-50) with the City;
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. Preparation of Design Documents. City will select, engage and compensate the
consultants used to prepare and complete the design of the streetscape and sidewalk
improvements along State Street from Olde Park Place to 2nd Street(may extend further
depending on the design of the State Street and 2nd street intersection design) and on
Eagle Road from Plaza Drive to Idaho Street"Design Work"). The EURA will also be
allowed to participate in the design process as it deems appropriate. City will share any
documents, designs, renderings reports, information and drafts of the Design Work as
they are provided to the City so that the EURA may also review and prepare comments.
B. Deliverables. Upon completion of the Design Work and receipt of the of the results and
completed work product, City shall provide EURA with a paper and electronic copy of
the results and completed Design Work. The City and the EURA will share the rights of
MEMORANDUM OF AGREEMENT FOR COST SHARING STREETSCAPE SIDEWALK DESIGN PAGE 1 OF 3
uses and ownership, if any, of the documents and completed Design Work.
C. Reimbursement; Invoice to EURA. Upon satisfactory completion of the Design Work
described herein the City will pay the consultants. City will submit an invoice to EURA
for the actual costs up to the permissible amount for which the City is seeking
reimbursement. The maximum amount to be paid by EURA as its share of the costs of
the Design Work shall not exceed twelve thousand thirty-seven dollars and fifty cents
($12,037.50).
II. EIJRA's RESPONSIBILITIES.
A. Payment. Within forty-five (45)days of receipt of the City's invoice, EURA shall
provide payment to City in the amount noted on the invoice in an amount not the exceed
twelve thousand thirty-seven dollars and fifty cents ($12,037.50).
B. Appropriation. Notwithstanding anything in this Agreement to the contrary, EURA'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 EURA Board for such
purpose.
III.GENERAL TERMS.
A. Term. This Agreement begins immediately upon execution and shall remain in effect
through September 30, 2020 or until the Design Work is completed and the EURA pays
its share of the costs as described herein, whichever occurs first. The Parties agree that
the term of this agreement may be extended if needed to complete the Design Work.
B. 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 of Eagle: EURA:
Bill Vaughan Todd Lakey
Zoning Administrator EURA General Counsel
P.O. Box 1520 141 E. Carlton Ave.
Eagle, ID 83616 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.
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 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.
MEMORANDUM OF AGREEMENT FOR COST SHARING STREETSCAPE SIDEWALK DESIGN PAGE 2 OF 3
D. Termination. Either party may terminate this Agreement with or without cause and for
any or no reason by providing thirty (30) days written notice. Any acceptable
permissible work completed prior to the date of termination and paid for by the City will
be reimbursed by the EURA in accordance with the terms of this Agreement.
E. Hold harmless. For purposes of or in furtherance of this Agreement, each party and
each of its employees, agents, contractors, officials, officers, servants, guests, and/or
invitees, shall save and hold harmless the other party from and for any and all losses,
claims, actions,judgments for damages, or injury to persons or property and losses and
expenses caused or incurred by either party or any employee, agent, contractor, official,
officer, servant, guest, and/or invitee thereof
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, State of Idaho.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this
day of December 2019.
EAGLE URBAN RENEWAL AGENCY:
„tr.,
B anet Buschert hairman Robin Collins
Executive Director/Secretary
CITY OF EAGLE:
Attest:
L -
W14 - vi%
,1 "4,
Stan Ridgeway, Ma or I Shar B- mei Cly
y 1
`1-
A �
64,Arotkb
MEMORANDUM OF AGREEMENT FOR COST SHARING STREETSCAPE SIDEWALK DESIGN PAGE 3 OF 3