Ada Co Hwy Impact Fee AgreementOi;20!93 15:19 X208 345 7650 ACRD ~ 002
EXHIBIT A
AGREEMENT
q rC ~
This Agreement, ode and entered into this f ~rporation (hex+euYafter
1992, by and between MERIDIAN CITY, a municipal
by and
referred to as "City"), and ADA COUNTY HI(IHWA~inders James ~$. Brute
through its duly elected Compnissioners, Charles L.
and Glens J. l;hodes (hereinafter collectively referred to as "Distx~ot"3.
WITNESSETI'l:
WHEREAS, the Dmtrict f~ on newddevO el pment in. Ada Couriyg Idahoe.
imposjtion of s roc pa
and
iNHERF.AS , City and District desire to enter into this Agreement o
delineate certain atReas of responsibilities for the collection of these fees.
NOW, THER8FOl1.E, in consideration of the mutual covenants and agree-
ments herein. contained. it is hereby mutually agreed as follows:
ed b the parties to this Agreement tloat should
i . Conditions. It is sgre y buitdera, or occupiers of property located
develapess, property owner,
within the jurisdictional limits of Meridian City apply to City fora build-
ing peradt, structural permit, permit !or the placement of a mnbil~~home
or manufactured Name, or any similar permit, certificate, or app of tills
(ltiereinafter referred to jointly as a "permit" for the pub that the
Agreement) for which District Road Impact Fees are requured,
City and District shaII cooperate nth the L''e°~ ~ toe wpfth~hold flue
csiculation and oollecti,oa~ of impact fees. City d ~ qty or until
issuancQ of the permit until fees haveent of he Read Impact Fees aad
the the District has received the paym
notified the City of such action.
2. Indemnit _ In consideration of City adopting District's conditions for a
Pes~it, District agrees to indemnify and defead, save aad hold harm-
less cif ,its officers agents, and employees, and all of them, from cad
st X11 liability, toss, damage, cast, and expense which may accrue
orbe sustained by City, its officers, agents, or employees as a result
or consequence of any claims, suits, or actions pride or brought by any
third., parties against City, its agents or employees, for conditions re-
gv3red solely by District in the Citg's Permit approval procs.ss -
b the parties of this agreement
g, Sc a of y0ork. It is furtbuar agreed y
that the City s perform the work tasks ]fisted fielow:
Item No. 1 - llllonthl Sum
''Else agency shall prepare a monthly summary report of the build-
ing peradts that were issued durit~ that period. This report
shall include eith®r a copy of alt tie- building Permits, or a typed
list of the relevant inforaQatian !or each permit.
IMPACT FEE AG1EEMENT -Page 1
Item No. 2 - Building Area Calculation
Residential Buildings=
Calculate the gross floor area { g . f . a.) of the structure to deter-
mine if it is larger than 1500 square feet.
Commercial and Industrial Buildings=
Calculate the gross floor area for primary use of the structure and
the areas of the anci,Uary uses (>ZO$ g.f.a:) with~xt mixed use
structure (i.e. office, storage, parkitl.g, specialty stare, etc.) .
Iteux No. 3 -Fee Administration
The City shall review the proposed building proga'-`~ with the
applicant, respond to questions and attempt to resolve technical
problems. The City shall c~loulate the amount of thoe ACRD on ca
the amount due, and remit the checks and money
weekly basis .
Difficult problems and individual assessments (Section 10 of Ordi-
nance #184) shall be referred to ACHD staff for processing.
4. Fayments. The District agrees to compensate the City for the work
pe~ormed under this agreement on an annual "lump sum" basis
The total payment, reimbursables, anal direct Labor for the work under
this agreement shall be:
TWENTY-TWQ THOUSAND DOLLARS (~22, 000.00)
This maximum amount is subject to change in the event of modifications
of the Scope of Work when approved in writing by the District and
doottmeuted by an approved supplemental agreement .
progress payments shall be made on a quarterly basis far service per-
formed upon receipt of an invoice from the City.
5. Term of A event. This Agreement shall continue: Yeex to Y~ nett
less terminated by either of tl~e parties hereby by providing
notice of intent to terminate prior to ninety (90) days before the end of
the fiscal year of teach of the parties (October 1) . This Agreement
shall act be terminated except by the above-referenced procedure
F.Stther party may seek renegotiation of any provisions of this Agreement
at any time by providing written notice of intent to renegotiate priox to
termination.
6 . Notices _ Any and all notices required to be given 'txy either of the
psrt~es hereto, unlese otherwise stated in this Agreement, shall be in
writing and be deemed eommuzticated when mailed in the ilnfted States
mail, certified, return receipt requested, addressed as faIIows
IMPACT FEE AGREEMENT -Page 2
Meridian city
e/a Mayor Meridian City
33 E Idaho
Meridfan ID 8364a
Ada County Highway District
318 East 37th Street
Bnise ID 83714
Either party may change their address far the purpose of this paw'
g~ph by giving notice of such change to the other fa the manner here-
in provided.
7. Time is of the Essence. The parties hereto ac]~owledge and agree that
time is strictly of the essence with respect to each euxd every term,
conditfcn, and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall eonstitut+e a breach of and a
default under this Ag-xeeaaent by the Party sa failing to perfos~.
8. Bin fns Upon Successors. Except to the extent specifically set forth
herein, this Agreement ShaII be binding upon and inure to the benefit
of the parties' t"espective successors, assfgns, and Personal representa-
tives.
9. If litigation is commea~d by the Cfty or the District pursuant to this
Agreement, the prevailing Party shad be entitled to an award of attor-~
net's fees and costs-
IN WITNESS WHEREOF, the pa~e$ have hereunto caused this Agree-
ment tv be executed, effective as of the day and year fYrst above written.
ATTEST
MEltII3IAN CITY
c
Hp
Its ~ *~
IMPACT FEE AGREEMENT ~ P'a$e 3
ADA COUNTY HIGHWAY DISTRICT
r
les L . u-der, President
(3-n+~,~..~
s E. Bruca, Vice President
Glenn J. R ~ Secretary
IMPACT FEE AGE£Ei~ErTT -Page ~
STATE OF IDAHO )
SS.
COUNTY OF ADA }
On this l9 day of March , 1992, before me,
Jan~~Ce L. Gass a notary public far said State, personally
appeared Grant P. Kingsforc! and _, Jack Iii ann
known or identified to me to bete Mdv r - - and
ci t Clerk of the CITY OF MERIDL~N, that exe-
cute the instrument vu behalf of said City of Meridian, and acknowledged
to me that such City of Meridian executed the same.
IN WITi1TES5 WHEREOF, I have hereunto set my hand and affixed my
officfal seal t~r~Y~ year iu this certif' to first above tten.
~ ~.` ~ a ~ ~ ~'~`~ ~
'~ = o Public
n ~' dingy; at: M .ridian Idaho
A~ p .rr ~ ~` ~ Commission Expires: (14/Q1193 __
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STATE QF IDAf30~""
SS.
COUNTY OF ADA )
On pthis _ day of , 1992, before me
,,~,,,, },p ~+ _, a notary public for said State, personally
appeared CHA LES L. TnTINDER, JAMES E. BRUCE, and GLENN J. RHQDES,
known yr identified to me to be the Commdssioners of the ADA COUNTY
HIGHWAY DISTRICT, the political subdivision that executed the instrument
or the persons whd executed tFie instrument on behalf of said political subdi-
aision, and acknowledged to me that such political subdivision executed the
same.
IPJ WITNESS WHEREOF, I have
offic3sl seal the day and year in this
hereunto set roy hand and affixed my
certificate first above written.
Notary Public
Scalding at: Vie.., _
My Commissioxi Expires : o ,~~ y
IMPACT FEE AGREEMENT -Page 5
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I~UUi
RESOLUTION ,~ ~ ,,._
HY THE COUNCIL:
A RESOLUTION APPROVING A COOPERATIVE AGREEMENT F08 THE COLLEC-
TION OF ROAD IMPACT FEES BY AND BETWEEN THT.s CITY i7F M~IDIAN
AND THE ADA COUNTY HIGHWAY DISTRICT; AUTHORISING THE MAYOR
AND CITY CLERK TQ EXECUTE AND ATTEST SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREF08E, SE IT RESOLVED HY THE MAJOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHGI:
Section 1. Tbst the Coopwrative Agreement by and between the City of
Meridian and the Ada County Highway District, a dopy of said Cooperative
Agreealeat marked Exhibit "A" attached h~areto and incorporated herein by
referenc®, ~, and the ~,~ ~ hereby, 8pproved as to both form and sub-
stance. .
S~etiott 2. Tbat the Me-yor and City Clerk be, and they hereby are,
lauthorized w respectively execute and attest said Agreement for aad oa
behalf of the GYty of Meridian.
Section 3. Tbat this Resolution shall be in full force and effect immedi-
ately upon its adoption gad approval.
ADOPTED b the Council of the City oY Meridian, Nebo, this I~~ daq
Y
of q ~'c ~ , 1998.
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Ur/20193 15:24 '8`208 345 7650 ACRD ImU08
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APFRtJVED by the Mayor of the City of Meridians this f~~ dap of
Y'~"1 ct ~ ~~ 1992.
APP&OVED:
MAYOR
ATTEST:
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host-ItTM brand iax transmittal memo 7f71 # ~ P~$ ~
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Customers ~~F~~ DATE DDC 31 19 92
' pT+der No._.
SOLD TO HI~X DISTRICT
i ADDRESS 31$ rT 37'!'R STAB' ~IS~S- IDAEIO 83714 F
SALESMAN TERMS
CA3lt 6NARGi C.0. 0. fAIO a~ur RE1C. M06E. RlCD. oTe ACCT. ~
• ~1~ ~
q~, OKCR~fTIQN FleGE AMOUNT ~
~' ~ 189 ~[JRS X $30.04 PER HCR1R ~ 5,670 00 ~
,.~'~-n
~ PF~`r5 @ A F{OCIlZS FAQi
- ~ 2Q ~1[7R.S ~ 530.00 PE[t EIQ~]R = 720 00
31 1992 6,630 00
ALL Cloims and Returned Goods MOST Ba accompanied gy This Bill
SIGNATURE
~. ,~i~ S ms's p.4t~ •~ Sj ~'~ ~ ~~ ~yi~~.