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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: 7 v° President (- J'L ' ti. r W CITY OF MERIDIAN: z I IDAHO m SEAL olhe TREASV Pvv Tammy d erd, Mayor Attest: `-_ C. y Coles, ity Clerk INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES — 5