Mou/Moa - 2019 - Costs Of Design Work For Additional Streetscape & Sidewalk Improvments In Downtown Eagle - 12/10/2019 ORIGINAL
MEMORANDUM OF AGREEMENT
WITH THE CITY OF EAGLE TO COVER COSTS OF DESIGN WORK FOR
ADDITIONAL STREETSCAPE AND SIDEWALK IMPROVMENTS IN DOWNTOWN
EAGLE
This MEMORANDUM OF AGREEMENT FOR COOPERATION AND COST
,
SHARING ("Agreement") is made this I 0 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 in downtown Eagle;
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 City will be engaging design consultants to provide the design work for
streetscape and sidewalks in downtown Eagle;
/ . -
WHEREAS, applying fo `and obtaining a grant through COMPASS to possibly pay for
the funding of the design of the streetscape and sidewalks in downtown Eagle would take
multiple years and the EURA desires that said work be completed sooner;
WHEREAS,the City estimates that the design work outside of the design work to be
completed for Eagle Road between Plaza Drive and Idaho Street, and along State Street between
Olde Park and 2nd Street will cost forty-two thousand five-hundred dollars ($42,500.00) and the
EURA is willing to cover that cost;
WHEREAS,the EURA prefers not to manage and retain the design professional to
complete the additional design work for the other streets in downtown Eagle in addition to that
for Eagle Road between Plaza Drive and Idaho Street, and along State Street between Olde Park
Place and 2nd Street, but desires that the City would add the scope of work for these other streets
to its contract with the consultants performing other such design work in downtown Eagle;
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:
MEMORANDUM OF AGREEMENT FOR COST SHARING OF ADDITIONAL STREETSCAPE SIDEWALK DESIGN PAGE 1 OF 4
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 in addition to those along Eagle Road between Plaza Drive and Idaho, and
along State Street between Olde Park Place and 2nd 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
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 for the costs of the Design
Work shall not exceed forty-two thousand five-hundred dollars ($42,500.00).
II. EURA'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
forty-two thousand five-hundred dollars ($42,500.00).
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:
MEMORANDUM OF AGREEMENT FOR COST SHARING OF ADDITIONAL STREETSCAPE SIDEWALK DESIGN PAGE 2 OF 4
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.
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.
MEMORANDUM OF AGREEMENT FOR COST SHARING OF ADDITIONAL STREETSCAPE SIDEWALK DESIGN PAGE 3 OF 4
EAGLE URBAN RENEWAL AGENCY:
Att- t:
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By• Buschert,rCh i an Robin Collins
Executive Director/Secretary
CITY OF EAGLE: .•`���.••.•••••'•.�
Attest: ��•'�QOR,9�,•�
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MEMORANDUM OF AGREEMENT FOR COST SHARING OF ADDITIONAL STREETSCAPE SIDEWALK DESIGN PAGE 4 OF 4