Matching Grant Agreement - INDOT - Reconstruction of N Ironwood Dr from McKinley to SB Ave

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LOCAL ROADS AND BRIDGES MATCHING GRANT AGREEMENT EDS # A249- This Local Roads and Bridges Matching Grant Agreement (this "Grant Agreement"), is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Agreement by and between the Indiana Department of Transportation (hereinafter referred to as the "State") and City of South Bend, a Local Unit, (hereinafter referred to as the "Grantee"), and collectively referred to as the Parties, is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the Parties agree as follows: RECITALS WHEREAS, Ind. Code § 8-23-30 establishes the Local Road and Bridge Matching Grant Fund, one purpose of which is to enable the State to make matching grants to Local Units for Eligible Projects; and WHEREAS, the Grantee uses an approved transportation asset plan on file with the State; and WHEREAS, the Grantee is a Local Unit as defined in Ind. Code § 8-23-30-1 and is eligible to receive a grant; and WHEREAS, the Grantee has submitted an application for an Eligible Project as defined in Ind. Code § 8-23-30-1 (the "Project") and described in Attachment A, attached and incorporated by reference to this Grant Agreement; and WHEREAS, the Grantee has committed matching funds from one of the following revenue sources in accordance with Ind. Code § 8-23-30-3: (1) any money the local unit is authorized to use for a local road or bridge project; (2) special distribution of local income tax under Ind. Code § 6-3.6-9-17; or (3) local rainy day fund under Ind. Code § 36-1-8-5.1; and WHEREAS, the State has chosen to fund the Grantee's Project in accordance with the terms of this Grant Agreement; and WHEREAS, the Grantee desires to expedite delivery of the Project, comply with all State requirements and fiscally manage the Project; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the Grantee and the State agree as follows: The "Recitals" above are hereby made an integral part and specifically incorporated into this Grant Agreement. 1. Purpose of this Grant Agreement; Grant Funds. The purpose of this Grant Agreement is to enable the State to award a grant to the Grantee, representing 50% of the eligible costs of the Project described in Attachment A of this Grant Agreement, which is incorporated fully by reference. The funds shall be used exclusively in accordance with the provisions contained in this Grant Agreement and in conformance with Ind. Code § 8-23-30 establishing the authority to make this Grant, as well as any program requirements as identified by the State. The funds received by the Grantee pursuant to this Grant Agreement shall be used only to implement the Project in conformance with this Grant Agreement and for no other purpose. Page 1 of 9