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HomeMy Public PortalAbout194-2022 - City and Wayne County - clean up and removal of unsafe structures at 2800 US Hwy 35 CONTRIBUTION AGREEMENT THIS AGREEMENT is entered into this Tt day of V /')2 /" , 2022, by and between the City of Richmond, Indiana, through its Board of Public Works and Safety (hereinafter referred to as "CITY") and Wayne County, Indiana, 401 E Main Street, Richmond, Indiana, by and through its Board of County Commissioners (hereinafter referred to as "COUNTY"). WHEREAS, the COUNTY is in the process of removing unsafe materials which have been determined to be unsafe and located on a blighted property (hereinafter "unsafe materials" or "unsafe structures" or "unsafe mobile homes" or "unsafe property") as determined by the Wayne County Building Commission pursuant to Indiana Code 36-7-9-1 et seq. ("Unsafe Building Law"); and WHEREAS, the unsafe property is located at 2800 North US 35, Richmond, Indiana, which property is located in the COUNTY's jurisdiction for purposes of the Unsafe Building Law and which property is also partially located in the CITY's jurisdiction; and WHEREAS, because the above-described unsafe property is located primarily in Wayne County's jurisdiction, COUNTY has agreed it will engage in actions consistent with the Unsafe Building Law to clean up the unsafe property and have the unsafe mobile homes and unsafe materials removed and will otherwise take actions consistent with the affirmed order approved by the COUNTY through its Building Commission; and WHEREAS, CITY has a non-reverting fund to be used specifically for unsafe building processes as set forth in the Unsafe Building Law, which funds must be used for administrative expenses as well as enforcement costs such as clean-up efforts, demolition costs, hauling, and the like; and WHEREAS, the CITY and the CITY's administration has agreed to contribute funds to the COUNTY's cleanup efforts due to the subject property's partial location within CITY limits; and WHEREAS,the CITY wishes to contribute funds to the COUNTY for payment of half of the costs of the cleanup efforts which the COUNTY has or will contractually expend and said contributed amount from the CITY is anticipated to be an amount not to exceed Fifteen Thousand One Hundred Ninety-two Dollars and Zero Cents ($15,192.00). NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals, the Parties agree as follows: Contract No. 194-2022 Page 1 of 3 1. APPLICABLE LAW — CITY understands, acknowledges, and agrees that COUNTY must at all times abide by the Unsafe Building Law as set forth in Indiana Code 36-7-9-1 et seq. as amended from time to time, and CITY understands, acknowledges, and agrees that COUNTY's use of funds contributed by CITY to COUNTY will be in accordance with all applicable federal, state, and local laws. 2. STATUS OF PARTIES — Both COUNTY and CITY (collectively "Parties") agree that COUNTY is not an employee or agent of CITY. Parties agree that CITY is not an employee or agent of COUNTY. This Agreement shall not be construed to apply any third-party beneficiary status to any individual whatsoever nor to any Contractor selected by COUNTY for the cleanup services to be provided under the Unsafe Building Law or any other applicable laws governing the same. 3. TERM OF AGREEMENT— This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2023, or until the completion of the administrative actions and cleanup actions being undertaken by the COUNTY and all invoices are approved by the Parties,whichever is later. 4. CONTRIBUTION BY CITY— CITY agrees to pay to COUNTY a total amount of up to Fifteen Thousand One Hundred Ninety-two Dollars and Zero Cents ($15,192.00) as contribution to the COUNTY's efforts under the Unsafe Building.Law to clean up the premises located at 2800 North US 35, Richmond, Indiana. Nothing in this Agreement, nor any acts or omissions related hereto, is, or shall be considered, an admission, concession, acknowledgement, interpretation or construction of any alleged liability by CITY for any reason. Rather, the Agreement has been entered into without any concession of liability or non-liability whatsoever. 5. INVOICE SUBMITTAL BY CITY - COUNTY agrees to submit invoices in connection with unsafe building process expenses to CITY. CITY agrees to pay one-half of each invoice sent by COUNTY until such time as CITY has paid the total sum of Fifteen Thousand One Hundred Ninety-two Dollars and Zero Cents ($15,192.00). 6. RECOUPING OF FUNDS - COUNTY agrees that in the event COUNTY receives payment on any lien it files in accordance with the Unsafe Building Law or other Indiana Law upon completion of its administrative processes to clean up the unsafe property, COUNTY will reimburse the CITY by providing half of any payment COUNTY receives to the CITY. 6. RELEASE AND CONVENANT NOT TO SUE — The COUNTY does hereby, on behalf of itself and its affiliates, assigns, officers, employees, agents, insurers, and all other representatives or persons acting by, through, under or in concert with them, absolutely, irrevocably, and unconditionally, fully and forever acquits, releases, covenants not to sue, and discharges CITY, absolutely and forever, from any and all claims, demands, damages, actions or causes of action, known or unknown, suspected or alleged, of any kind or nature whatsoever, which now exist, have existed, or that may hereafter exist, and that arise out of or relate to the Page 2 of 3 unsafe building process or the clean up of the unsafe property conducted by COUNTY under the Unsafe Building Law. 7. MISCELLANEOUS —The terms of this Agreement shall be subject to the laws of the State of Indiana and shall be binding upon the parties, their heirs, personal representatives, successors and assigns. It constitutes the entire agreement between the parties and any alterations, amendments or modifications must be in writing and signed by both parties. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. IN WITNESS WHEREOF, the parties execute this agreement as of the date first written above, although signatures may appear on a different date. "CITY" "COUNTY" THE CITY OF RICHMOND, WAYNE COUNTY,INDIANA,by and INDIANA by and through its through its Board of County Commissioners Board of Public Works & Safety 401 E Main Street Ri ond, 47374 i By: r�i � `VA/t/2614 By: Vicki Robinson,President K eth E.P st, C mmissione B : Date: 2 r,'442- E ily Pal er,Member By: Matt Evans,Member Date: /2 '4. APPROVED: ( :. id M. grow i nor Date: /Z Of 't122 Page 3 of 3