Collection of Fee - 2005 - ACHD - Impact Fee Collection Agreement - 3/8/2005
IMPACT FEE COLLECTION AGREEMENT
ORIGINAL
This IMP ACT FEE COLLECTION AGREEMENT (the "Agreement"), effective as of
the ~ day of May-c.h , 2005, is made by and between ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho ("ACHD"), and THE
CITY OF EAGLE, a municipal corporation organized under the laws of the state of Idaho (the
"City"). ACHD and City may be referred to herein each individually as a "Party" and
collectively as the "Parties."
RECITALS
A. City and ACHD each have statutory powers and authority, duties and
responsibilities, within their respective jurisdictions, which in some instances overlap those of
the other Party.
B. ACHD has adopted Ordinance No. 200 relating to the imposition of
development impact fees ("Impact Fees") in Ada County, Idaho.
C. The Parties now desire to enter into a new agreement that defmes certain areas
of responsibility and provides for their joint cooperation with respect to the exercise thereof in
accordance with Idaho Code ~ 67-8204A for the benefit of the citizens of the City.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Definitions.
1.1 The term "ACHD" shall refer to the Ada County Highway District, and shall
include its Commissioners, employees, agents, and contractors when acting on behalf of ACHD.
1.2 The term "Applicant" shall refer to an owner, developer, builder, possessor or
other holder of an interest in real property located within the area of City's jurisdiction.
1.3 The term "Application" shall refer to an application for a Permit from City by
an Applicant.
1.4 The term "City" shall refer to the City of Eagle, state of Idaho, and shall
include its Mayor, Members of its Council, employees, agents, and contractors when acting on
behalf of City.
1.5 The term "Fiscal Year" shall mean the year ending September 30th.
1.6 The term "Impact Fee" shall refer to an Impact Fee imposed by ACHD under
ACHD Ordinance Number 200 adopted by ACHD pursuant to provisions of the Idaho
Development Impact Fee Act, Title 67, Chapter 82, Idaho Code, as such ordinance now exists or
as the same may be modified and amended from time to time in the future.
1.7 The term "Law" shall mean any statute of the state of Idaho and any City or
ACHD ordinance, resolution, rule and any binding final decision of a court with jurisdiction over
City and ACHD.
1.8 The term "Permit" shall refer to a conditional use permit, design review,
review of a planned development, traffic and development plan, zone change, private road,
building permit, or any other permit or approval which relates to or has an impact on the
highways and public rights-of-way under the jurisdiction of ACHD and which is required by
applicable Law to be issued by City but not similarly required by Law to be approved or issued
by ACHD.
1.9 The term "Residential" shall mean single family dwellings, duplex dwellings,
multifamily dwellings, manufactured homes and mobile homes.
2. ACHD Review of Application: Inclusion of ACHD Reauested Conditions in
City's Staff Recommendations. Each time an Applicant presents an Application to City for a
Permit, before taking any final action with respect thereto, City agrees to forward a complete
copy of the Application to ACHD for its review. Upon receipt of the copy of the Application
ACHD shall, within thirty (30) calendar days, determine what conditions related to its statutory
jurisdiction it would like to have included in City's requirements for issuance of the Permit
applied for, and so advise City, in writing. For consideration by City, ACHD shall provide City
with written findings of fact and conclusions of law in support of each request for inclusion of a
condition. City agrees that it will include the ACHD requested conditions in its staff
recommendations to City's Council.
3. City A2ent of ACHD for Collection of Impact Fee for Residential
Development. In order to minimize the inconvenience of travel to both Parties' offices by an
Applicant seeking a Permit for Residential development, City is hereby appointed agent for
ACHD for the collection of the appropriate Impact Fee due ACHD for such Residential
development.
4. Implementation bv City of ACHD's Conditions Included in Permit. City
agrees to implement enforcement of ACHD's conditions which have been included in a Permit
issued by City by withholding the issuance of a Permit until ACHD notifies City that all such
ACHD conditions have been met and, unless the City has collected the same as allowed under
Section 3, that the Impact Fee has been collected. City further agrees to withhold the issuance of
a certificate of occupancy until ACHD notifies City all such included conditions have been met.
5. Amount and Payment for Services.
5.1 For City's services as agent for collection of ACHD Residential Impact Fees
under Section 6, ACHD agrees to pay a service fee of Twenty Dollars ($20) for each Impact Fee
collected by City on Residential development to a maximum amount not to exceed $25,000 in a
Fiscal Year.
5.2 Within ten (10) days following the end of each calendar month City agrees to:
(i) compile a monthly report, utilizing the software program provided by ACHD, describing the
Impact Fees that it collected for ACHD during the preceding month, and (ii) provide the report
JOINT POWERS AGREEMENT - 2
and its check made payable to ACHD for the Impact Fees it collected during that month to
ACHD together with an invoice for the service fees then payable to City for its services as agent
for collection. ACHD will remit to City the amount of such invoice within thirty (30) days
following receipt.
6. Indemnification. ACHD hereby agrees to indemnify and hold harmless the City
from and against all liability, loss, damage, cost, and expense, which may accrue or be sustained
by the City as a result or consequence of any claims, suits, or actions made or brought by a third
party against the City, arising out of or resulting from conditions that were included in City's
requirements for issuance of a Permit solely because of ACHD's request as required by Section 2
of this Agreement.
7. Term of A2reement.
7.1 The term of this Agreement shall commence on the date of the Parties'
execution of this Agreement and shall continue thereafter from Fiscal Year to Fiscal Year unless
and until notice of termination is given by either of the parties to the other party, which notice
shall be given at least ninety (90) days before the end of the Fiscal Year for which termination is
sought, in which event this Agreement shall terminate at the end of that Fiscal Year.
7.2 Either Party may seek negotiation of any provision of this Agreement at any
time by providing written notice to the other of intent to renegotiate.
8. Miscellaneous.
8.1 Notices. All notices or other communications that are required to be given
or may be given to the Parties pursuant to the terms of this Agreement shall be sufficient in all
respects if given in writing and if delivered personally or by first class mail, postage prepaid, to
the receiving Party at the addresses set forth below. Each Party may change the address at which
it is to receive communications by written notice to the other Party in accordance with the terms
of this Section.
If to ACHD:
Ada County Highway District
Attn: Impact Fee Administrator
3775 N. Adams Street
Garden City, ill 83714
If to City:
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JOINTPOWERSAGREEMENT-3
8.2 Entire Agreement; Amendments. This Agreement contains the
complete agreement between the Parties with respect to the subject matter hereof and supersedes
any prior agreements or understandings, written or oral. This Agreement may be amended only
by a written agreement signed by each of the Parties. The Parties acknowledge that no person
who is an agent of either Party may orally or by conduct modify, delete, vary, or contradict the
terms of this Agreement or this Section.
8.3 Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of ACHD and the City, their respective successors, and permitted assigns.
8.4 Governing Law. This Agreement shall be governed by and construed
under the laws of the state of Idaho, without regard to its conflicts of laws principles, and the
laws, rules, and regulations of the City and ACHD.
8.5 Severability. If, for any reason, any provision of this Agreement is held
invalid, such invalidity shall not affect any other provision of this Agreement not held so invalid,
and each such other provision shall be to the full extent consistent with law continue in full force
and effect. If any provision of this Agreement shall be held invalid in part, such invalidity shall
in no way affect the rest of such provision not held so invalid, and the rest of such a provision,
together with all other provisions of this Agreement, shall to the full extent consistent with law
continue in full force and effect.
8.6 Professional Fees and Costs. If any legal or equitable action, appeal,
arbitration, bankruptcy, reorganization, or other proceeding, whether on the merits, application or
motion, is brought or undertaken, or an attorney retained, to enforce this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connection with any of the
provisions of this Agreement, then the successful or prevailing Party in such undertaking (or the
Party that would prevail if an action were brought) shall be entitled to recover reasonable
attorney's and other professional fees, expert witness fees, court costs and other expenses
incurred in such action, proceeding or discussions, in addition to any other relief to which such
Party may be entitled. The Parties intend this provision to be given the most liberal construction
possible and to apply to any circumstances in which such Party reasonably incurs expenses.
8.7 Waiver. Failure of a Party to exercise or otherwise act with respect to any
of its rights under this Agreement shall not be construed as a waiver of any breach, nor prevent
the Party from thereafter enforcing strict compliance with any and all terms of the Agreement.
8.8 Time Is of the Essence. The Parties acknowledge and agree that time is
strictly of the essence with respect to each and every timer, condition, and provision hereof, and
that the failure to timely perform any of the obligations hereunder shall constitute a breach of and
a default under this Agreement by the Party failing to perform.
8.9 Approval Required. This Agreement shall not become effective or
binding until approved by the City and ACHD in accordance with applicable laws and
regulations.
8.10 Survival. The Parties' obligations in Sections 6 and 8.6 shall survive the
termination of this Agreement.
JOINT POWERS AGREEMENT - 4
JOINT POWERS AGREEMENT - 5
[Signature page follows.]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
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JOINT POWERS AGREEMENT - 6
STATE OF IDAHO )
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County of Ada )
On this L day of Ba vr it , 200;) before the undersigned Notary Public,
personally appeared .1bV\~ V\I1p vI{; \\ and ~ VbYI r-.. &.~anv1 , known or
proved to me to be the [ YOR AND CITY CLERK] of the "CIty of Eagle, Idaho, that
executed the instrument on behalf of said City of ~~ ~ , and acknowledged to me that such
entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
On this ~ ~ day of ~ J , 2005, before the unde;signed Notary Public,
personally appeared '5 h e.rt.'1 e. ~.... be,. and w ~ I L ~ rvI ~. OS c h. ....-'&.1 ~ <.. r. known or
proved to me to be thel~re~ideiit of the Commission and Director of Ada County Highway
District, the political body that executed the instrument on behalf of said political body, and
acknowledged to me that such political body executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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JOINT POWERS AGREEMENT - 7