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