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Mutual Fee Waiver Agmt with Joint School District No 2INTERAGENCY 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 ofvccl 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 apublic 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 ofmutual 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 ofthis Agreement as further set forth below AGREEMENT 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 12 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 22 City Fees awed 122 Im act Fees that would otherwise be assessed ursuan to eriian City Code Title 109 Cha ter 7 are waived 222 la ing Administrative Review Application Fees waived 322 Pla ing Fees for Commission Council eview A lications waive o INTERAGENCYVGERN NTAL AG EENT FORWAIVERFSCTSAND FEES 2 rei inary lat Private Street 422 Certain percentages of ui ink and Trade e i Fees waive e percentage oft e fees seci e belowshall e waive un er this agree ent The portion ofthe fees that must be paid notwaived 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 32 istrict Fees aive 132 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 232 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 NTFORWAIVERO COSTS A FEES 3 632 Other facility use fees as agreed upon in iting y the Parties 52 istrict o be e a less for ama ge Cause y City Use ursua tto t e old armless and Indemnity Agreement executed y the artier in August 2007 City shall be responsible for any damage caused y City suse 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 etLi nation thing In t s Agreement s all be co st e to e an indebtedness or liability in violation ofArticle VIII Section 3 of t e Idaho Constitution 34 Choice of Law The validity meaning and effect of t is Agree ent shall be Bete fined in accordance wit the laws ofthe 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 Areement 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 eandthe rights and obligations hereof s all inure to the beneft ofeach ofthe 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 acourt of competent jurisdiction the remainder of this Agree e tshall 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 94 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 NTFOIZWAIVEROF COSTS AND FEES 5 140 Limitations on Liability The parties hereto agree that nothing herein contained shall be construed to create ajoint 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 141 Time is ofthe 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 JayeLHolman Its City Clerk District iQAin aSuTc o s ti City of EII3IIAN 3fDIAHO SEAL F t060e TA@Q6 AS Joint Scho s ict No 2 By r inda Clark Superintendent INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES 6 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