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Fee Waiver Agreement for ICOM Community MatchCOMMUNITY MATCH AGREEMENT No. I FOR WAIVER OF CERTAIN PERMIT FEES BETWEEN CITY OF MERIDIAN AND IDAHO COLLEGE OF OSTEOPATHIC MEDICINE, LLC THIS COMMUNITY MATCH AGREEMENT No. 1 ("Agreement") entered into this 16 day of M,l i , 2017 by and between the City of Meridian ("City"), an Idaho municipal corporation organized under the laws of the State of Idaho, and Idaho College of Osteopathic Medicine, LLC, an Idaho Limited Liability Company ("ICOM"), collectively, the "parties." WHEREAS, The Idaho College of Osteopathic Medicine (ICOM) has made a commitment to locate in Meridian Idaho on the Idaho State University Health Care Center Campus; and, WHEREAS, ICOM will be a freestanding, privately funded, separately licensed and independently operated entity with a capital investment of $32.6 million; and, WHEREAS, ICOM is expected to have an approximate $79.5 million economic impact during the development period with approximately 350 new construction and planning jobs; and, WHEREAS, once opened, ICOM is expected to employ 90 full-time employees with an average wage of more than $88,300 annually; and, WHEREAS, the new direct state revenue to be generated by ICOM is projected at $18.4 million, and ICOM's facility, equipment, and land will be subject to city and county property taxes; and, WHEREAS, ICOM has been able to qualify for Idaho's Tax Reimbursement Incentive (TRI), a performance-based mechanism that promotes economic expansion, business retention, and job creation; and, WHEREAS, ICOM's TRI incentive value is estimated to be $3.85 Million over ten years, and ICOM plans to invest 100 percent of this reimbursement directly back into student scholarships; and, COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER -1 COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER- 2 WHEREAS, to be considered for participation in the TRI program, the applicant must seek a Community Match, which is defined as a commitment from the local government that demonstrates its active support of the applicant creating new jobs in the local community; and, WHEREAS, the Community Match may include a monetary contribution, fee waivers, in-kind services, the provision of infrastructure, or a combination thereof; and, WHEREAS, Meridian’s Community Match is a show of support that the City has a partnership with the State of Idaho and ICOM, and is an effort to incentivize ICOM to utilize the Idaho TRI program and locate in Meridian; and, WHEREAS, on the 5th day of April, 2016, the Mayor and City Council of the City of Meridian adopted and approved Resolution 16-1127 committing to providing a community match of $200,000 over the course of four years to be used for student scholarships, plus the waiver of potential construction permit fees up to $100,000; and, WHEREAS, ICOM has received pre-accreditation status from the Commission on Osteopathic College Accreditation of the American Osteopathic Association and is prepared to break ground and construct its medical school building on the ISU Meridian Health Science Center campus; and, WHEREAS, the fee waiver portion of the City’s Community Match is the subject of the present Agreement in order to facilitate timely issuance of ICOM’s building permits, and the details of the City’s student scholarship commitment will be set forth in a separate agreement at a later date. NOW, THEREFORE, in consideration of the foregoing, the City and ICOM do hereby agree as follows: 1. WAIVER OF CERTAIN CITY OF MERIDIAN BUILDING PERMIT FEES. At such time that ICOM makes application to the City of Meridian for applicable permits necessary to construct its medical school building on the ISU Meridian Health Science Center campus, ICOM will be eligible for fee waivers of up to $100,000 in City’s “soft costs” associated with certain city permit fees. City’s agreement to waive permit fees under this agreement shall be null and void after September 30, 2017 unless the parties execute a written addendum to this Agreement to extend the time allowable for the fee waivers. City permit fees potentially eligible for waiver include the following: Planning Division Fees: Fee Item Cert. of Zoning Compliance Administrative Design Review Alternative Compliance COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER- 3 Land Development Division Fees: Fee Item Public Works Plan Review Fees Public Works Inspection Fees Public Works Pre-Treatment Plan Review Fee Building Division Fees: Fee Item % to City (Soft Cost) Commercial Permit Fee 85% Commercial Plan Check Fee 85% Fire Plan Review Fee 27% Electrical Permit Fee 30% Mechanical Permit Fee 40% Plumbing Permit Fee 40% Fire Sprinkler/Alarm Permit Fee 27% 2. PUBLIC RECORDS. All books, figures, records, reports, statements, or similar items submitted to the City by ICOM are public information and are available for public review, subject only to specific exemptions in Idaho Code relating to Public Records. Should ICOM provide to the City information that it believes to be a trade secret or other proprietary information as defined in Idaho Code, it may mark such information “confidential.” Prior to disclosing any information marked “confidential,” the City shall provide ten days written notice to ICOM prior to City making a determination whether the information is exempt from disclosure. 3. APPROVAL OF AGREEMENT. The City is a political subdivision of the State of Idaho and is subject to state laws governing its activities. In the event that any portion of the laws authorizing City’s local match of the Idaho Tax Reimbursement Incentive Act is found to be invalid or unlawful, any portion of this Agreement which relies on the invalidated or unlawful portion of the TRI Act shall be null and void. 4. AGREEMENT MADE IN IDAHO. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts in Ada County, Idaho. 5. NOTICES. Any and all notices required to be given by either of the parties hereto, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: To the City: Meridian City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 To ICOM: Daniel C. Burrell, Manager 231 Washington Avenue Santa Fe, New Mexico 87501 Either party shall give notice to the other of any change in address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. CITY OF MERIDIAN, AND IDAHO MUNICIPAL CORPORATION Tammy de rd, Mayor Qo�PAED AUGvsr' ATTEST: s city of �.�1�1 E IDIS IANC' \IDAHO Uj -14%, SEAL U/ IDAHO COLLEGE OF OSTEOPATHIC MEDICINE, LLC Daniel C. Burrell, Manager COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER- 4