Interagency Governmental Agreement WARD for Waiver of Costs and FeesINTERAGENCY 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 ay of
V , 2017, by and between Western Ada Recreation District, a recreation
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 Recreation District organized and operating pursuant to Idaho Code Title
31, Chapter 43.
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. City charges various fees for certain services that it provides.
E. In furtherance of mutual partnerships, District and City desire to enter into a fee waiver
agreement whereby District may not be obligated to pay certain specified fees or charges to
the City.
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 District shall not be obligated to provide any fees or
charges to the City 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 — I
SECTION 1.
PURPOSES AND POWERS/INCORPORATION OF RECITALS
In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and
objectives of each of the parties are as set forth in the Recitals above. Each of the
Recitals above are incorporated into the body of this Agreement.
SECTION 2.
NO PAYMENT OF CERTAIN FEES
2.1 Certain Fees Waived. During the Term (defined below) of this
Agreement, except as otherwise agreed in writing and signed by both parties, District
shall not be obligated to pay to City the specified fees, impact fees, charges, or any other
types of expenditures (each of the foregoing defined herein as a "Fee") for the services
specified herein.
2.2 City Fees Waived.
2.2.1 Planning_ Administrative Review Application Fees waived:
Administrative Design Review
Alternative Compliance
Certificate of Zoning Compliance
Private Street
Property Boundary Adjustment
Sign
Time Extension (Director)
Vacation (non -Council)
2.2.2 Planning Fees for Commission & Council Review Applications
waived:
Annexation and Zoning or Rezone
Comprehensive Plan Map Amendment
Comprehensive Plan Text Amendment
Development Agreement Modification
Final Plat
Final Plat Modification
Planned Unit Development
Preliminary Plat
Short Plat
Time Extension (Commission or Council)
UDC Text Amendment
Vacation (Council)
Variance
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES -2
Conditional Use Permit
Conditional Use Permit Modification
2.2.3 Certain percentages of Building Division Fees waived;
The percentage of the fees specified below shall be waived under this
agreement. The portion of the fees that must be paid (not waived)
represent hard cost amounts paid by the City to its independent contractors
for plan review and inspectors.
85% of Commercial Building Permit Fees are waived
85% of Commercial Building Plan Check Fees are waived.
27% of Commercial Fire Plan Review Fees are waived.
27% of Commercial Fire Alarm Systems Permit Fees are waived.
27% of Commercial Fire Sprinkler Systems Permit Fees are waived.
40% of Mechanical Permit Fees are waived.
30% of Electrical Permit Fees are waived.
40% of Plumbing Permit Fees are waived.
Other City "hard costs" for services are not waived under this agreement.
These costs include but are not limited to utilities (water, sewer, reclaimed
water), and the cost of providing utility meters. .
2.26 Land Development Division Fees waived:
Public Works Plan Review
Public works Inspection Fees
Public Works Pre -Treatment Plan Review
SECTION 3.
EFFECTIVE DATE/TERM AND TERMINATION
3.1 Effective Date. This Agreement shall become effective upon the date
upon which both parties' governing boards have authorized it (the `Effective Date")
pursuant to Idaho Code § 67-2332.
3.2 Term and Termination. This Agreement shall become effective as of the
Effective Date upon execution by both parties, and shall expire unless earlier extended or
terminated as follows: Either party may terminate this Agreement upon sixty (60) days'
written notice to the other, provided, however, that any Fees that would have been due
and payable by the terminating party eighteen (18) months prior to the date of termination
that were not owed due to the existence of this Agreement shall become immediately due
and payable and paid on the date of termination of this Agreement. Subject to the
foregoing, upon termination of this Agreement, neither party shall have further recourse
hereunder except with respect to the payment of Fees as set forth in this Section 3.2. The
term of this Agreement may be extended by written mutual agreement of District and
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3
City. If the parties fail to mutually extend this Agreement, and neither has terminated,
the term of this Agreement, or such other terms as the parties have agreed upon in
writing, shall be renewed automatically for one-year periods thereafter unless terminated
by either party in the manner provided in this Agreement.
SECTION 4.
GENERAL PROVISIONS
4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be
construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the
Idaho Constitution.
4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or
action being filed or instituted between the parties to enforce the terms and conditions of
this Agreement, or arising from the breach of any provision hereof, the prevailing party
will be entitled to receive from the other Party all costs, damages, and expenses,
including reasonable attorneys' fees including fees on appeal, incurred by the prevailing
party. The prevailing party will be that party who was awarded judgment as a result of
trial or arbitration.
4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall
be determined in accordance with the laws of the State of Idaho.
4.4 Entire Agreement. This Agreement constitutes the full and entire
understanding and agreement between the parties with regard to the transaction
contemplated herein, and no parry shall be liable or bound to the other in any manner by
any representations, warranties, covenants and agreements except as specifically set forth
herein.
4.5 Binding_ Agreement. The promises, covenants, conditions, and agreements
herein contained shall be binding on each of the parties hereto and on all parties and all
persons claiming under them or any of them; and the rights and obligations hereof shall
inure to the benefit of each of the parties hereto and their respective successors and
assigns.
4.6 Severability. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall
be given effect to the fullest extent reasonably possible.
4.7 Waiver, Acknowledgments and Modifications. The failure of a party to
insist on the strict performance of any provision of this Agreement or to exercise any
right or remedy upon a breach hereof shall not constitute a waiver of any provision of this
Agreement or limit such party's right to enforce any provision or exercise any right. No
acknowledgments required hereunder, and no modification or waiver of any provision of
this Agreement or consent to departure therefrom, shall be effective unless in writing and
signed by District and City.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4
4.8 Headings. The headings used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting this Agreement.
4.9 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but both of which together shall
constitute one and the same.
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.
WESTERN ADA RECREATION DISTRICT:
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CITY OF MERIDIAN: z
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Tammy d erd, Mayor
Attest: `-_
C. y Coles, ity Clerk
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES — 5