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Home My Public Portal About001-2017 - Infrastructure - Wayne County3 w j ,INTERLOCA L AGREEMENT RE COSTS SHARING FOR DESIGNATED ROAD IMPROVEMENTS TIFIS AGREENIENT (hereinafter "Agreement") is entered into by and a�nang the CITY OF RICHMOND, INDIANA, a second class city located in Wayne County, Indiana (hereinafter'"City") and WAYNE COUNW,, INDIANA, a statutory unit of government created by and udder the laws of the State of Indiana (hereinafter "Count) to be retroactively effective as of the ,�k Uteenth (15 th ) day of August, 2016, (the"'Effective Date's or upon compliance with the procedural provisions set forth at I.C. 3 6-1-7, whichever is the later and notwithstanding that the actual date of execution and approval by the respective executive and fiscal bodies of the above- mmned parties may differ from and be subsequent to the Effective Date, as follows: A. Recitals 1. City and County are each political subdivisions as said term is used at Indiana Code (IC.,,) 36-1-7-2(a) and as said term is defined at IC 3 6-1 -Z-13. _ 2. City and County entered into a certain Infrastructure Improvement Agreement (the ""Infrastructure Agreement") having an effective date of May 27, 2016, pursuant to which City and County agreed to cause to be constructed certain Road Improvements and as an inducement for Company to Construct and operate a new Facility in the Midwest Industrial Park, Wayne County, Indiana. (Capitalized terms used in this Agreement and not separately defined herein shall be ascribed the meaxung of such terms as is set forth in the Infrastructure Agreement,) The road Improvements arc set forth on and more particularly described in the attached 1"Exhibit X P 3'@ In recognition of the fact that Company's construction and operation of the Facility mill result in economic benefit to the City, the County, and to area businesses and taxpayers, City and County have agreed to equally share in the total costs incurred in the design and construction of the Road Improvements. The Road Improvements have an estimated cost of approximately $4.8 million. 4. This Agreement is intended to evidence the above commitment on the part of the City anti County to equally share all costs associated with the Road Improvements regardless of whether ' such costs are incurred for, or relate to, sections of the roadway located in either the geographical boundaries of the City, the Town of Centerville or those of the County. B. Terms of Agreement 1. Basis of AgLment. ^ This Agreement is intended to constitute an Interlocal Agreement evidencing the joint exercise of powers available to each of the City and the County, as conteTplated by the provisions of IC 36-1-7--2. lnterlocai Agreement No. 001-2017 Page I of 5 r City — County Interlorai Agreement re Project Dove Roast Improvement Costs 21Page' .... _ .... - �: .Duration of A. ement. This Agreement shall be in force from the Effective Date and shall expire December 31, 2018, or when the Road Improvements shall have been finally completed and all costs incurred in the design, right-of-way acquisitions, relocation of ufflities, roadway; construction, construction inspections and, if applicable, grant audit procedures _ associated with the Road improvements shad have been completed, whichever is the earlier. 31 Purpose - of AZeement This Agreement is intended to document the commitments made jointly and severally by City and by County, through their respective executive bodies and approved by their respective fiscal bodies, to equally contribute to all such costs described in 2, above, and other such costs incurred in the completion of the paragraph an Y Road 1mprovements. Indirect costs such as those attributable to the provision of professional services by on -staff or currently retained professionals of the City or the County (e.g. city ' or county engineers; city or county attorneys, etc.) shall be borne by the particular unit that incurs such costs, and shall not be considered as eligible costs associated with the Road Improvements to be equally shared by the City and County However, the forgoing limitation shall not apply to legal exp' enses incurred by either City or County in the prosecution of eminent domain actions necessary to acquire right-of-ways, permanent takings and/or permanent or temporary easements. 41. Facing of Agreement. The provision of the funds by City and by County to fund the comprising J ro'ect co the Road Improvements shall be derived front legally available ,p � � revenues to be identified and lawfully appropriated by the fiscal bodies of the City and the County 4fter receipt and application of any grant fiords or third party revenue sources acquired to fund a Portion of the costs of the Road Improvements, including, but not limited to, such grant funds as; might be received by City, County and/or the Town of Centerville, Indiana, through the 2016 grant funding cycle of the State of Indiana's grant program administered in part by the Indiana Department of Transportation and commonly referred to as the Community Crossings Crs, 5. Staf&Lr and Su l ' Joint Und 'n . The joint exercise of powers and underta `kings of the parties shall not require additional stating on the part of either of the units to this Agreement. Likewise, it -is not expected that any additional supplies will be required in order to affects the joint exercise of the powers of the waits to this Agreement. 6. Dis osition of Pro e . It is not anticipated that any property will be available or required' to be distributed to any of the parties to this Agreement upon its termination. Acquisition of additional permanent right-of-way for the Road Improvements is intended to be accomplished through the acquisition of pennanent easements that will not otherwise affect property ownership of the to -be -acquired easement parcels. 7. Joint ProAdministmfion. The administration of the activities contemplated by this Agreement shah be coordinated through a joint board comprised of the engineers for the City and the County and the fiscal officers of each unit. It is not anticipated that any personal property,will be acquired by or on behalf of the City or County in order to implement the joint exercise; of powers contemplated by this Agreement. (End of Textual Content —Signature Templates Follow) Interlocal Agreement No. 001-2017 Page 2 of 5 * a_ City — County Interlocal Agreement re Project Dove Road Improvement Costs 31Page, Approved: M. Sno r of the City of Richtn d Also Approved By: CITY OF RICEMOlD, M ANA BY ff S' COMMON COUNCIL By: � Misty Hoffit. President STATE.',OF INDIANA } SS: COUNTY OF WAYNE } Before Mee, a Notary Public, in and for said County and State, personally appeared Misty Hollis, President of the Common Council of the City of Richmond, Indiana, who acknowledged that the foregoing Interlocal Agreement was executed in such capacity as her voluntary act and deed for and on behalf of said Council and that the foregoing representations are true and correct, 'Fitness m hand and not seal this day of 20170 y � t� Jo?� , ve...r .,;.Notary Public Residing in County, Indiana My Commission Expires: .. ,.,. -i24 -� 3 Interlocal Agreement No. 001--2017 Page 3 of 5 � r e ti City -- County Interlocal Agreement re Project Oove Road Improvement Costs 41Pag.e STATE OF MIANA i SS: COUNTY OF WAYNE ) BEFORE M E, County an a Notary Public, in and for said Coup d State, personally appeared David M. Snow, Mayor of the City of Riclunond, Indiana, who acknowledged that the Agreementg foregoing Interlacai g reement was executed in such capacity as his voluntary act and deed for and on behalf of said City and that the foregoing representations are true and correct. Witness my hand and notary seal this I day o20179 f ,r� ,,,.• •� , Notary Public Residing in County, Indiana MY Commission Expires: ' 20 - { r APPROVED BY WAYNE COUNTy GOVERNAIENT I WAYNE COUNTY, INDIANA By its Board of County Commissioners By: Kenneth E. Paust, President And by its County Council By: .Attest: • Peter Zaleski, President Robert Coddington, Wayno County Auditor :.r-:are., �a�.c.,�raro.r ewaw•=r.-�:.a i....�.-_-�•.-s s�.�«•.......+..b-,,..--.-. _.r.. � •-•-.-._� �-..«..-. ...........,, �..,w _ .-.,k--'r.d.,.,..w..r. _: wr.�.v.. "....v...-a-...t..«.t...,..-...,._._..r..�«-�.-..mow-w.+.��r..x�.,..-..+.m �.�.� interlocal Agreement No-. 001-2017 Page 4 of 5 City County Interloral Agreement re Project Dove Reed Improvement Costs 51Page' STATE b F INDIANA } } SS COUNTY OF WAYNE } BEFORE U E a notary public in and for said county and state personally appeared the within named Kenneth E. Paust, Peter Zaleski and Robert Coddington, respectively the president of the Wayne County Board of County Cornnmissioners, the president of the Wayne County Council and the Auditor of Wayne County, Indiana, each of whom acknowledged their execution of the foregoing Interlocal Agreement as their voluntary act and deed and affirm that the foregoing representations are true and correct. �, itness my hand and notary seal this day of 2017. Printed: Notary Public residing m County? IN i My Conu' fission Expires: �,.,..�. .._...._...-. 2 0 affirm u der penaltiesfor perjury that I have taken reasonable care to redact each Social Security number in this document„ unless required bylaw. Ronald L. Cross This Instrument Prepared By: Ronald L. Cross, Attorney 93450-49 Boston Bever Kiinge Cross & Chidester 27 North a Street Richmond, IN 47374 Phone: 765.962.7527 Facsimile: 765.966.4597 Email: rcross@bbkcc.com Interlocaf Agreement No. 001-2017 ?age 5 of 5 r � -,;r '} - . i r r EXMIT A Description of Road Improvements Load Im rovements. Road Improvements to Gaar-Jackson Road from Round Barn Road to 'Centerville Road, a distance of a roxxmatelY two(2) miles, will be completed to provide the Company additional heavy truck traffic access to Interstate 7 exit I45 ' and west in Centerville. � , go�r�.g east n erville. Road Improvements to Round Barn Road from Gaar-Jackson Road to Industries Road, a distance of approximately x/ mile, will be completed to provide the add.. p p Company additional heavy truck access to Interstate 74, exit 149, in Richmond. The Road Tm rovements Will include widening of the road p } g to minimum 1 2 it, paved travel lanes and ire -paving to support heavy truck traffic, as well as all necessary design, permitting., existing utility relocations, ... p g, g ty ns, paved shoulders; utilities, earthwork, surface drainage features acceleration/decelerati and � aniturn Lanes, right-of-way/easements acquisition. Approximately one-half % mile of the Road Improvements to Gaar-Jackson Road are located within the City of Richmond, approximately one and done -half (IV2) miles of the Road Improvements to Gear -Jackson Road are located outside the City of Richmond, and all of the Road Im rovements for Round Barn Road oad are loca ted m*n the City of Richmond. Based upon the review b Patriot En ' eerin as to the Y � g structural needs of the proposed Road improvements, the County agrees that the improved and finished Road Improvements � P p vements will have structural criteria set forth in the American Association of State Highway and Transportation Officials' (AASHTO)Guide for Desi and Pavemen Design t of Structures, 1993 edition, and that the Road Improvements gill have a Design Structural Dumber (SN) of3.50to4.0a. - .. The Road Improvements will also sates applicable provisions of the . bepartment. fY Pp Pana of Transportation Design Manual for pp roadways that support heavytruck traffic. The Project Costs for the Road Improvements shall be shared fifty percent 50% to the City an fifty percent (50%) to the County.