HomeMy Public PortalAboutAddendum No. 1 to Contract No. 009-2010 - Metro - Settlement CoAMENDMENT NO.I TO THE
SETTLEMENT AND CONTRIBUTION AGREEMENT
This AMENDMENT NO. 1 to the Settlement and Contribution Agreement (the
"Amendment'), dated as of the ja�yday of December, 2012, has been executed by and between by
the City of Richmond, Indiana, through its Board of Public Works and Safety (hereinafter referred to
as "CITY") and Indiana Gas Company, 1800 West 26th Street, Muncie, IN 47302 (hereinafter
referred to as "Indiana Gas").
. WHEREAS, on December2009, the CITY and Indiana Gas entered into a Settlement and
Contribution Agreement (the "Agreement") to help the CITY address Environmental Contamination
at the former Richmond Gas Building property located at 16 East Main Street, Richmond, Indiana,
47374.
WHEREAS, CITY obtained funds in the form of a Grant from the Indiana Finance Authority
(hereinafter "IFA Grant") and an additional One Hundred Fifty Thousand Dollars and Zero Cents
($150,000.00) from Indiana Gas pursuant to the Agreement;
WHERAS, CITY has taken steps to remediate the Environmental Contamination at the
former Richmond Gas Building property (the "remediation project") according to the Indiana
Finance Authority and Indiana Brownfields Programs guidelines;
WHEREAS, it has been determined that additional work is necessary and Indiana Gas wishes
to provide an additional contribution to this remediation project; and
WHEREAS, Indiana Gas is willing to contribute Seventy Five Thousand Dollars and Zero
Cents ($75,000.00) toward CITY's required match for services under an additional IFA Grant
rendered in connection with the remediation project.
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
including the above stated recitals, the parties agree as follows:
1. ADDITIONAL CONTRIBUTION BY Indiana Gas — Indiana Gas agrees to pay to CITY
'Seve,.ty Five Thousand Dollars - . 'ere Cents ($75,000.00) as contribution for the required match
the CITY must provide under an IFA Grant in order to continue to proceed with the Richmond Gas
Building remediation project. 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 Indiana Gas. Rather, this Amendment, like the
Agreement, has been entered into without any concession of liability or non -liability whatsoever.
2. IN PARI MATERIA — This Amendment shall be read in pari materia with the Agreement
dated December_, 2009, and unless specifically modified herein, the terms of the Agreement shall
remain in full force and effect and shall apply to this Amendment as well.
IN WITNESS WHEREOF; the parties execute this agreement as of the date first written
above, although signatures may appear on a different date.
Addendum 1— Contract 9-2010
a
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works & Safety
By:
Vicki Robinson, President
By:
Sian Law: on, MerRbSL-
1!�i�i Sri+gin.
"CONTRIBUTOR"
Indiana Gas Company
1800 West 26th Street
Muncie, IN 47302
By:
PA&� ! �`
Title: V lQ
Date: 12 — X —14
APPROVED: kljK'Ld'
Sarah L. Hutt n, Mayor
Date: �1/ � -�
Date: 3 / 7 / 13
Addendum I — Contract 9-2014