Mou/Moa - 2021 - Agreement With URA To Set Aside Funds To Share Cost Of Project Construction - 4/29/2021 OR / GINAL
MEMORANDUM OF AGREEMENT
TO SET ASIDE FUNDS TO SHARE IN COST OF PROJECT CONSTRCUTION
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• This MEMORANDUM OF AGREEMENT("Agreement") is made thisc2-9 day of
2021 ("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"). Eura may
also be referred to herein individually as "Party"and jointly as "Parties."
WHEREAS, the EURA and the City previously cooperated regarding the funding of the
design work for sidewalk and streetscape improvements along a portion of Eagle Road and State
Street;
WHEREAS, the EURA and City desire to continue to cooperate and work together
regarding the construction of sidewalk and streetscape improvements along portions of Eagle Road
and State Street and the extension of Aikens Street;
WHEREAS, EURA and the City would both benefit from the construction of streetscape
and sidewalk infrastructure along Eagle Road and along State Street and the extension of Aikens
Street;
WHEREAS,construction of sidewalks and streetscape and road improvements within
the EURA boundaries conforms with the goals and objectives of the EURA and its revitalization
plan;
WHEREAS,the total estimated cost of the construction of sidewalk and streetscape
improvements on Eagle Road between Plaza Drive and Idaho Street, and along State Street
between Olde Park Place and 2°d Street is two million sixteen thousand dollars($2,016,000.00)
and the Parties are willing to share that cost equally (50-50) in an amount not to exceed one
million eight thousand dollars ($1,008,000.00) each;
WHEREAS,the total estimated cost the extension of Aiken Street extension is eight
hundred fifty eight thousand($858,000.00) but the City has already set aside four hundred and
twelve thousand dollars($412,000.00) so the Parties desire to share the remaining portion
equally (50-50) in an amount not to exceed two hundred twenty three thousand dollars
($223,000.00) each;
WHEREAS,the City and the EURA accept and acknowledge that their mutual
contributions to these projects are subject to and contingent upon annual appropriation by each
governing body;
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 PAGE 1 OF 4
I. CITY'S RESPONSIBILITIES.
A. Annual Set Aside of Funds. The City agrees that it will seek to set aside funds annually
to share in the cost of construction as follows:
Eagle and State Street Sidewalk and Streetscape Improvements
FY 2021 $335,000.00
FY 2022 $336,000.00
FY 2023 $337,000.00
Aikens Street Extension
Maintain existing set aside of$412,000.00
FY 2021 $75,000.00
FY 2022 $74,000.00
FY 2023 $74,000.00
II. EURA's RESPONSIBILITIES.
A. Annual Set Aside of Funds. The EURA agrees that it will seek to set aside funds
annually to share in the cost of construction as follows:
Eagle and State Street Sidewalk and Streetscape Improvements
FY 2021 $335,000.00
FY 2022 $336,000.00
FY 2023 $337,000.00
Aikens Street Extension
FY 2021 $75,000.00
FY 2022 $74,000.00
FY 2023 $74,000.00
III.GENERAL TERMS.
A. Term. This Agreement begins immediately upon execution and shall remain in effect
through September 30, 2023. Prior to any project noted herein going out to bid or
proposal the Parties agree that they will review the estimated funding for the project and
whether they have allocated and appropriated sufficient funds to cover the estimated
costs. If the Parties have allocated sufficient funds, then they will enter into negotiation
of an amendment to this Agreement regarding their respective roles and responsibilities
in the projects and how funds are to be contributed to cover the costs of the projects.
MEMORANDUM OF AGREEMENT PAGE 2 OF 4
B. Appropriation. Notwithstanding anything in this Agreement to the contrary,the
obligations of the Parties under this Agreement shall be subject to and dependent upon
annual appropriations being made by both the EURA and the City. Such annual
appropriations rest within the complete discretion of the EURA Board and Eagle City
Council.
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 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
no"ftec of such change to the other in the manner herein provided.
D. Entfe agreement; modification. This Agreement embodies the entire agreement and
u_nderstancjing between the parties pertaining to the subject matter of this Agreement, and
`•, ;supergedes all prior agreements,understandings, negotiations, representations, and
discpssiotis, whether verbal or written, of the parties pertaining to that subject matter. The
•reeitals first noted above are incorporated into this agreement as if set forth fully herein.
E. Termination. Either party may terminate this Agreement without cause and for any or
no reason by providing thirty (30) days written notice to the other Party.
F. 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.
G. 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.
H. 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.
MEMORANDUM OF AGREEMENT PAGE 3 OF 4
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on thisp29
day of ,rttary 2021.
4 /
EAGLE U N RENEWAL AGENCY:
Attest:
B : airman Ashley Squyres
RIA6I { Executive Director/Secretary
CITY OF EAGLE:
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Attest: �.•• OF
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so Pierce, Mayor City Cler • : SEAL *;
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MEMORANDUM OF AGREEMENT PAGE 4 OF 4