HomeMy Public PortalAbout117-2013 - Metro - EGG - Contribution Agreement - Unsafe BuildingCONTRIBUTION AGREEMENT
THIS AGREEMENT is entered into this �19 day of '2013,
by and between the City of Richmond, Indiana, through its Board of Publi Works and Safety
(hereinafter referred to as "CITY") and Economic Growth Group of Richmond Indiana Inc., 33
South 7d' Street, Richmond, Indiana (hereinafter referred to as "EGG").
WHEREAS, the CITY is in the process of tearing down structures that have been
determined to be unsafe and blighted properties ("unsafe structures") by the City of Richmond
Unsafe Building Commission pursuant to Indiana Code 36-7-9-1 et seq. ("Unsafe Building
Law"); and
WHEREAS, the CITY anticipates that the Unsafe Building Commission will hold
additional hearings during the 2013 and 2014 calendar years and, as a result of those hearings,
there will be more unsafe structures that will be demolished by the CITY in accordance with the
Unsafe Building Law; and
WHEREAS, EGG is an Indiana not -far -profit domestic corporation and has raised funds
in order to contribute to the costs the CITY will incur during the 2013 and 2014 calendar years to
remove the unsafe structures, which structures may not otherwise be demolished during the 2013
or 2014 calendar year in the event current budget funds are depleted as demolition progresses;
and
WHEREAS, CITY has a non -reverting fund to be used specifically for the unsafe
building process as set forth in the Indiana Unsafe Building Law, which funds must be used for
administrative expenses as well as demolition costs and costs to bid out the demolition contracts;
and
WHEREAS, EGG wishes to contribute the funds EGG has raised to CITY's non -
reverting unsafe building fund, which contribution is a total amount of up to One Hundred
Thousand Dollars and Zero Cents ($100,000.00) toward the expenses that CITY incurs to have
the unsafe structures demolished during the 2013 and 2014 calendar years.
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
including the above stated recitals, the parties agree as follows:
1. APPLICABLE LAW -- EGG understands, acknowledges, and agrees that CITY 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, as well as Richmond City Code Chapter 98, and EGG understands,
acknowledges, and agrees that CITY's use of funds contributed or donated by EGG to CITY will
be in accordance with all applicable federal, state, and local laws.
Contract No. 117-2013
Page 1 of 3
2. STATUS OF PARTIES — Both EGG and CITY (collectively "Parties") agree that
EGG is not an employee or agent of CITY. Parties agree that CITY is not an employee or agent
of EGG. EGG shall have no contractual relationship with any Contractors chosen by CITY to
conduct the demolition of the unsafe structures. This Agreement shall not be construed to apply
any third -party beneficiary status to any individual whatsoever or to any Contractor selected by
CITY for the demolition services to be provided under the Unsafe Building Law or any other
applicable laws governing the demolition or removal of the unsafe structures. However, EGG
understands that the City may enter into a separate Memorandum of Understanding with a
certain party or parties that may be contingent upon the funds contributed in accordance with this
Agreement and/or may be contingent upon this Agreement.
3. TERM OF AGREEMENT — This Agreement shall become effective when signed by
all parties and shall continue in effect until December 31, 2014, or until all properties targeted by
CITY for demolition under the Unsafe Building Law during the 2013 and 2014 calendar years
are demolished and all expenses are paid, whichever is earlier.
4. CONTRIBUTION BY EGG — EGG agrees to pay to CITY a total amount of up to
One Hundred Thousand Dollars and Zero Cents ($100,000.00) during the 2013 and 2014
calendar years as contribution to the CITY's unsafe building expenses incurred by CITY during
the 2013 and 2014 calendar years. 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 EGG for any reason. Rather, the Agreement has been
entered into without any concession of liability or non -liability whatsoever.
5. INVOICE SUBMITTAL BY CITY - CITY agrees to submit invoices in connection
with unsafe building process expenses to EGG during the 2013 and 2014 calendar years. EGG
agrees to pay one-half of each invoice sent by CITY until such time as EGG has paid the total
sum of One Hundred Thousand Dollars and Zero Cents ($100,000.00).
6. RELEASE AND CONVENANT NOT TO SUE — The CITY 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 EGG, 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
unsafe building process or the demolition of any unsafe structure conducted by CITY under the
Unsafe Building Law.
7. MISCELLANEOUS — The terms of this Agreement shall be subject to all ordinances
of the City of Richmond and 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
Page 2 of 3
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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works & Safety
By:
Vicki Robinson, President
By: "Id" / -
Dian Lawson, ember
Anthony L. Foster, 1I, Member
Date: D —�—C
APPROVED: .
Sarah L. Hutton, Mayor
Date: � q
"CONTRIBUTOR"
ECONOMIC GROWTH GROUP
OF INDIANA INC.
33 South 7d' Street
Richmond, IN 47374
Mike Allen, Director
Date: 19—1 p"1.3
Page 3 of 3