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Home My WebLink AboutInteragency Governmental Agreement with Joint School District No. 2 for Costs and Fees WaiverINTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this -S day of ~c~vcl-~ , 2013, by and between the Joint School District No. 2, an Idaho school district and body politic and corporate of the State of Idaho ("District") and the City of Meridian, an Idaho municipal corporation ("City"). RECITALS A. District is a Joint School District organized and. operating pursuant to Idaho Code Title 33. B. City is a public entity organized and operating pursuant to Idaho Code Title 50. C. District and City serve largely the same constituencies, comprised of the same taxpayers. D. District and City each charge various fees for certain services that they provide. E. In furtherance of mutual partnerships, District and City desire to enter into a mutual fee waiver agreement whereby neither party may be obligated to pay certain specified fees or charges to the other. F. Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. G. District and City are both "taxing districts," as defined by Idaho Code § 63-201. H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither party shall be obligated to provide certain specified fees or charges to the other during the term of this Agreement as further set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 1 1L ~~ n accordance with Idaho Code § 67-2332, t e purposes, powers, rights, and o jectives o each of the parties are as set forth in the ecitals above. ac o t e ecitals above are incorporated into t e body oft is Agreement. 2.1 Ce ain Fees awed. uring the Te (defined below) of this Agree ant, except as of erwise agreed in writing and signed by both parties, Wait e pa y shall e obligate to pay to the other t e s ecified fees, impact fees, charges, or any other types o exen itures (each of the foregoing defined herein as a "Fee"} for the services specified erei . 2.2 City Fees awed. 2.2.1 Im act Fees that would otherwise be assessed ursuan to eriian City Code Title 109 Cha ter 7 are waived. 2.2.2 la ing Administrative Review Application Fees waived: 2.2.3 Pla ing Fees for Commission Council eview A lications waive o INTERAGENCY G®VERN NTAL AG EENT FOR WAIVER ®F C®STS AND FEES - 2 rei inary lat Private Street 2.2.4 Certain percentages of ui ink and Trade e i Fees waive e percentage of t e fees seci e below shall e waive un er this agree ent. The portion of the fees that must be paid (not waived) represent har cost amounts paid by the City to its independent contractors for plan review and ins ectors Other City "hard costs" for services are five under this agree et. These costs include but are not limited to utilities (water, sewer, reclaimed water), and t e cost o providing utility meters. 2.3 istrict Fees aive® 2.3.1 Gy asium use fees at eridian fiddle School es Lowe y , Heritage fiddle School practice gym, Paramount Elementary Gym, and eridian Aca e y Gym. 2.3.2 Gy nasium use fees for new const coon gyms t iow Creek Elementary and Stoddard fiddle School ("main gy nasiu " at Stodar or at eritge). INTE GENCY GOVERNMENTAL AG E NT FOR WAIVER O COSTS A FEES ® 3 2.3.6 Other facility use fees as agreed upon in iting y the Parties. 2.5 istrict o be e a less for ama,ge Cause. y City Use. ursua t to t e old armless and Indemnity Agreement executed y the artier in August, 2007, City shall be responsible for any damage caused y City's use o istrict facilities under t is Agreement. A copy of the old a less and Inde ity Agree ent is attac e hereto as Exhibit A. / ~l 3. Effective ate. This Agreement shall become effective upon t e date u on w is both parties' governing boards have authorized it (t e "Effective ate") ursuant to Idaho o e § 67®2332. INTE GENCY GOVERNMENTAL AG EMENT FOR NAIVE OF COSTS AND FEES - 4 .1 Constitutional et Li nation. ~®thing In t 's Agreement s all be co st e to e an indebtedness or liability in violation of Article VIII, Section 3 of t e Idaho Constitution. 4.3 Choice of Law. The validity, meaning, and effect of t is Agree ent shall be Bete fined in accordance wit the laws of the State of Ida o. .4 Entire A m reement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regr to the transaction contemplated herein, and no party shall be liable or bound to the other in any a er y any representations, warranties, covenants and agreements except as specifically set fo erein. .5 Eindin~A reement. The promises, covenants, conditions, an agree ents erein contained s all be binding on eac of the parties hereto and on all parties an all persons claiming under them or any of t e; and the rights and obligations hereof s all inure to the beneft of each of the arties ereto and their respective successors an assigns. .6 everaiity. f any part of this Agreement is e to e illegal or nenforcea e by a court of competent jurisdiction, the remainder of this Agree e t shall be given effect to the fullest extent reasonably possible. 4. eadin s. The eaings used in this Agreement are used for convenience only and are not to e considered in const ing or interpreting this Agreement. 4.9 Counte arts. This Agreement may e executed in two or ore counte arts, each of which shall e deeme an original, but both of whic together shall constitute one the same. INTE GENCY GOVERNMENTAL AG E NT FOIZ WAIVER OF COSTS AND FEES - 5 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City: CITY OF MERIDIAN ..ice By: Tamm eerd Its: Mayo ATTEST: by: Jaye L. Holman Its: City Clerk District: ~~Q~iA~ in .a uc~ST, ~~o s°~ ti City of E II3I~ IAN*. f''``3 I~D A H O~ ~ ~ ~" SEAL " F~. ~~ ~6~0~t0e TA@AS~Q6 Joint Scho 's ict No. 2 By: r. inda Clark, Superintendent INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 6