Interlocal Cooperative Agreement - Development of Real Property in Renewable Energy Drive Subdivision

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INTER-OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Theresa Heffner, Clara McDaniels FROM: Sandra Kennedy, Corporation Counsel SUBJECT: Interlocal Cooperative Agreement between the Indiana Department of Transportation and the City of South Bend Concerning Development of Real Property in Renewable Energy Drive Subdivision Section One (the “Agreement”) DATE: May 10, 2022 Members of the Board, Ms. Heffner, and Ms. McDaniels: INDOT has been in negotiations to acquire property for a new maintenance facility on Renewable Energy Drive from Martin Blad Farms, Inc., and, in order to effectuate the purchase, INDOT is required to enter into an Agreement to construct and connect to the City’s water main and construct a sidewalk. The attached Agreement was negotiated over the course of several months between the City’s Legal and Engineering Departments and INDOT, who has had to consult with the Indiana Department of Administration. In general, the terms are consistent with the City’s form of dedicated improvements agreement; modifications were necessary to conform with the State’s standard form of agreement. The key terms of the Agreement are: 1. It will only be effective if the purchase of the property is completed. 2. The State will pay the costs of preliminary engineering, design, construction, and inspection. 3. The City will review the plans to ensure compliance with the City’s standards. 4. The State will provide the City with $2,000 to hire an independent third-party engineer to review the plans, inspect, or test the improvements. 5. The City may inspect the project at any time, and the State will provide prior notice to the City of the following milestones: water main construction and water main taps. 6. The State will dedicate the improvements to the City after one (1) year, provided that no faults or defects are found. 7. The City and the State will cooperate with regard to the placement of the sidewalk. If this Agreement is acceptable and will be approved, please send the signed copy to: Nicolette Mendenhall Attorney Indiana Department of Transportation 100 North Senate Ave., N758 — Legal Services