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Home My Public Portal About2001.09.25 Veterans War Memorial AgreementWAR MEMORIAL AGREEMENT BETWEEN THE CITY OF MCCALL AND THE AMERICAN LEGION MCCALL POSTS NO. 60 and 119 WHEREAS, City of McCall, Valley County, Idaho, is the owner of certain lands upon which it is proposed that a recreation facility and park be constructed known as the Valley County Veterans War Memorial; and WHEREAS, the City Council of the City of McCall and the American Legion Posts #60 and #119, desire to jointly construct a portion of the Valley County Veterans War Memorial and to exercise certain joint powers for the purpose of designing the Memorial at the SW comer of Highway 55 and Lenora Street which includes construction of Memorial, which is more fully described herein; WHEREAS, it is the finding of both the McCall City Council and the American Legion Posts #60 and #119 that such joint cooperative effort is the most effective and efficient use of their resources in view of the geographic, economic, and other factors influencing the project; and WHEREAS, both the McCall City Council and the American Legion Posts #60 and #119 have the authority to enter into this Agreement and to perform individually the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of either entity; NOW, THEREFORE, the undersigned McCall City Council ("City") and American Legion Posts #60 and #1 l¥("American Legion") hereby agree to the following terms and conditions of this Agreement. DEFINITIONS B. C. D. Eo Go "Agreement" shall mean this War Memorial Agreement, as it may be amended from time to time. "American Legion" shall mean American Legion Posts #60 and #119. "McCall" shall mean the City of McCall, Idaho. "Project" shall mean preparation of the Site Plan for Site and construction of the Work. The Project will be developed in accordance with the Site Plan. "Site" shall mean the area of land designated in Exhibit A. "Site Plan" shall mean the graphic representation of the development of the site. The Site Plan is attached hereto as Exhibit B. "Work" shall mean construction of the improvements shown in Exhibit B. Page 1 of 6 August 27, 2001 War Memorial Agreement II. TERM The term of this Agreement shall commence on the day first mentioned below and remain in force until such time as the Project is complete. Either party may terminate this Agreement at any time by providing thirty (30) days written notice with a fifteen (15) day period for the non-terminating party to cure or initiate renegotiation of the Agreement by notifying the other party in writing. If the renegotiation option is elected the Agreement will not terminate until all reasonable efforts to renegotiate the Agreement are made, or eighty (80) days elapse, whichever is later. In all events, this Agreement, shall be terminated, if not otherwise renewed, on September 1, 2030. The term of this Agreement may be extended for additional periods of time by a mutually executed consent. IlL PURPOSE The parties mutually agree that it is in the public interest, and intent by this Agreement, to provide mutual planning, and design for the Project, and to allocate responsibilities for design and construction of the Work. This Agreement shall not prevent either party from participating in similar activities with other public agencies, organizations, and individuals. IV. ADMINISTRATION This Agreement does not establish or create a separate legal entity to conduct the joint undertaking, but each party appoints the following administrators to carry out the provisions and intent of this Agreement: A. City of McCall B. Administrator: Cathleen Koch, City Clerk 216 E. Park Street McCall, Idaho 83638 208/634-7142 American Legion Post #60 and #119 Administrator/Project Rep. Loren Malone, Adjutant Post #119 Tyrone O. Nash, District 9 Commander, Idaho P.O. Box 248 McCall, Idaho 83638 208/634-7748 208/634-7110 All notices contemplated by this Agreement shall be sent to the appropriate administrator at the above address. Page 2 of 6 August 27, 2001 War Memorial Agreement AMENDMENTS Modifications of this Agreement shall be made by mutual consent of parties, by the issuance of a written modification signed and dated by both parties, prior to any changes being performed. Neither party is-not- obligated to fund any changes not properly approved in advance and duly budgeted by its governing board. VI. ACCESS TO RECORDS Each party, through any authorized representative, may have access to and examine all books, papers, or documents related to this Agreement at any reasonable time during business hours. Copies shall be furnished, each to the other, without cost to the requesting party. VII. CITY'S RESPONSIBILITIES As described below, the City shall: mo Co Fo Go Maintain the existing water system to the Site; Furnish power to operate the lighting system · Furnish hookup to City streetlights. (On and off with City light system, on at dusk and off at dawn); Maintain benches, all turf areas and trash removal; Provide liability insurance on the site; Provide snow removal as needed, and repair pavers damaged by such snow removal; Subject to the provisions of and limits of liability set forth in the Idaho Tort Claims Act, McCall shall indemnify and hold harmless the American Legion from and against all claims, actions, judgments for damages, injury or death caused by or arising out of McCall's failure or neglect in undertaking their duties under this Agreement; and Obtain approval of the Site Plan from Idaho Department of Transportation or other funding agency. VIII. AMERICAN LEGION POST #60 AND #119 RESPONSIBILITIES The American Legion shall: mo Construction of Memorial · Installation of lighting which will illuminate flags · Replacing bulbs as necessary Page 3 of 6 August 27, 2001 War Memorial Agreement Fo · Landscaping to be coordinated with the City of McCall · Pavers; installing new and replacing damaged bricks; Replace flags as necessary; Repair and maintain Memorial; Designate a project manager and/or other personnel as American Legion deems necessary to perform services as a project representative for McCall and American Legion; Indemnify, save harmless, and defend, regardless of outcome, McCall from expenses of, and against suits, actions, claims, or losses of every kind, nature and description, including costs, expenses, and attorney fees that may be incurred by reason of any negligent act or omission of the American Legion in the management of the work described herein; and Dedicate, assign, transfer, and deed, as appropriate, the improvements, the Project, and the Work to the City of McCall for its sole ownership and control. IX. EXECUTION This Agreement is executed for McCall by the Mayor, attested to by the City Clerk, with the '.fi,?printed seal of the City of McCall and. execu~American Legion by the (,~wnv~0~t, attested to by the DATED this ~5 day of --~O_~. , 2001. American Legion ATTEST: By: Loren Malone, Adjutant Post #119 Tyrone O. hash, District 9'C°mmander,'Idaho Page 4 of 6 August 27, 2001 War Memorial Agreement CITY OF MCCALL Valley County, Idaho Allan 19luil-e~,~lClayor AFTEST: Wen ~o-ch, City C~rk ' STATE OF IDAHO ) · SS County of Valley ) On this ~ day of ~AI, ~OOi, before me, the undersigned, a Notary Public in and for said State~ personally appeared Loren Malone, of Adjutant Post #119, American Legion, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PLrBLIC ~FO-R-ID/~IlO Residing at My Commission Expires: Page 5 of 6 August 27, 2001 War Memorial Agreement STATE OF IDAHO ) · SS County of Valley ) On this ~ day of -~,O~k~ , ZCD[, before me, the undersigned, a Notary Public in and for said Sta'[e, personally-a--P~eared Tyrone O. hash, District 9 Commander, Idaho, of the American Legion, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF ID~O ) ' SS County of Valley On ,h s 7 day , be o e me, u der ed, a Notary Public in and for said State, personally appeared Allan Muller, Mayor of the City of McCall, ~own or identified to me to be the person whose name is subschbed to the within instrument, and ac~owledged to me that he executed the s~e. NOTARY PUBLIC FOR ~ Residing at My Commission Expires: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Y PUBLIC FOR IDAHO , mission Expires: 33 / i~q /07 Page 6 of 6 August 27, 2001 War Memorial Agreement