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HomeMy Public PortalAbout002-2024 - Amended - Beat the HeatADDENDUM INTERLOCAL AGREEMENT NO. 2-2024 THIS Addendum No. 1 is made and entered into this day of _____ day of April, 2024, by and between the CITY OF RICHMOND, INDIANA, a second class city located in Wayne County, Indiana (hereinafter "City") and WAYNE TOWNSHIP, INDIANA, a statutory unit of government created by and under the laws of the State of Indiana also located in Wayne County, Indiana (hereinafter "Township"). WHEREAS, City and Township entered into Interlocal Agreement No. 1 on or about March 18, 2024, which Agreement is considered a statutory Interlocal Agreement which may be entered into by the Parties in accordance with Indiana Code (IC) 36-1-7-2 and which Agreement is executed to implement a Window Air Conditioning Unit Distribution Program Application within the parameters of the City's Heat Management Plan and its Beat the Heat Program; and WHEREAS, The Parties have agreed to extend the term of the Agreement due to a permitted extension by the Office of Community and Rural Affairs (“OCRA”) to complete the program. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Township hereby agree as follows: 1. The City and Township executed and entered into Interlocal Agreement No. 2- 2024, on or about March 18, 2024, which Agreement is incorporated herein by reference and is deemed an Interlocal Agreement in accordance with the provisions of IC 36-1-7-2. Due to an extension of the program completion date permitted by OCRA, the Parties agree that the term of Interlocal Agreement No. 2-2024 shall be extended until and to June 30, 2024, or shall be extended until and to the date of the closeout of the City's participation in the distribution program which may be prolonged in accordance with any additional extensions permitted by OCRA, whichever date occurs later. Addendum No. 1 – Interlocal Agreement No. 002-2024 4 . 2. City and Township expressly agree that all other terms, conditions, and covenants contained in Interlocal Agreement No. 1-2024 shall be applicable to this Addendum, unless such term, condition or covenant conflicts with this Addendum Number 1, in which case this Addendum Number 1 shall be controlling. 3. Both Parties hereby agree that with the exception of the extension of the date of the program completion date, Interlocal Agreement No. 1-2024 shall remain intact and unchanged and in full force and effect. 4. Both Parties agree that any person executing this Addendum in s representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Addendum Number 1. IN WITNESS WHEREOF, this Addendum Number 1 to the Interlocal Agreement No. 1-2024) is executed and approved by the undersigned representatives of the City and Township this ____day of April, 2024. APPROVED BY THE CITY OF RICHMOND, INDIANA _______________________________________ Ronald Oler, Ph.D, Mayor of the City of Richmond ALSO APPROVED BY: CITY OF RICHMOND, INDIANA BY ITS COMMON COUNCIL By: ___________________________________ Gary Turner, President APPROVED BY WAYNE OWNSHIP, INDIANA BY ITS TOWNSHIP TRUSTEE By: ____________________________________ Susan Isaacs, Trustee P a g e 2 o f 4 .............................. . * A t t e s t : STAT E OF INDI ANA COUN TY OF WAYN E S S : Before me, a Notary Public, in and for said County and State, personally appeared Gary Turner, President of the Common Council of the City of Richmond, Indiana, who acknowledged that the foregoing Addendum No. 1 to the Interlocal Agreement was executed in such capacity as his voluntary act and deed for and on behalf of said Council and that the foregoing representations are true and correct. Witness my hand and notary seal this d a y o f My Commiss ion Expires: 2 0 2 0 2 4 . R e s i d i n g i n , Notary Public County, Indiana STAT E OF INDI ANA COUN TY OF WAYN E ) S S : BEFORE ME, a Notary Public, in and for said County and State, personally appeared Ronald Oler, Ph.D., Mayor of the City of Richmond, Indiana, who acknowledged that the foregoing Addendum P a g e 3 o f 4 No. 1 to the Interlocal Agreement 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 d a y o f 2 0 2 4 . My Commiss ion Expires: STAT E OF INDIA NA ) S S COUN TY OF WAYN E 2 0 > R e s i d i n g i n Notary Public County, Indiana BEFORE ME a notary public in and for said county and state personally appeared the within named Susan Isaacs, Trustee of Wayne Township, Indiana, who acknowledged her execution of the foregoing Addendum No. 1 to the Interlocal Agreement as her voluntary act and deed and affirm that the foregoing representations are true and correct. Witness my hand and notary seal this d a y o f 2 0 2 4 . P r i n t e d : Notary Public residing in C o u n t y , I N My Commis sion Expires: 2 0 I affirm under penalties for perjury that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Kimberly A. Vessels, Assistant City Attorney This Instrument Prepared By City of Richmond, Law Department. P a g e 4 o f 4