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

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Page 5 of 16 CITY; to the extent INDOT determines that Dedicated Improvements needs to be installed in a location other than the Dedicated Easement, INDOT shall obtain the CITY’s prior approval, and in addition, shall be responsible for revising the location of the Dedicated Easement so that records in the Office of the Recorder of St. Joseph County correctly reflect the location of the Dedicated Improvements as being in a dedicated easement in favor of the City. 2.4.3. Sidewalk. The State agrees to construct a sidewalk on the Property along the public right-of-way. The Parties agree to work amicably to determine the best location for a sidewalk; prior to initiation of construction, the State provide a copy of the plans portraying the proposed sidewalk to the City Engineer or her designee to ensure that the improvements will be in the location desired by the City and to ensure that the improvements shall conform to the CITY’s standards, and obtain the CITY’s prior approval before beginning construction of the improvements 2.5. System Development Charges. INDOT is authorized to connect into the sanitary sewer main and water main with a lateral line. Compensation to be paid by INDOT shall include: 2.5.1. Within sixty (60) days of INDOT obtaining approval of plans described in Section 2.1.1 of this Agreement or at the time of application for connection, INDOT shall pay to the CITY a system development charge in the total amount of Two Thousand Nine Hundred Sixteen Dollars ($2,916.00) for access to the City’s water and sewer sanitary systems set forth as Exhibit 2, attached and incorporated by reference. 2.5.2. The system development charge is INDOT’s capital contribution to the City’s water and sanitary sewer systems and is based on the estimated proportional share of INDOT’s use of the CITY’s water and sewer sanitary systems; if INDOT’s use exceeds the initial predicted level, INDOT may be required to provide an additional capital contribution. If the CITY determines an additional capital contribution is required, it shall provide any needed documentation INDOT requires to understand the charges, and the Parties will resolve by agreement the additional amount to be paid. ARTICLE III. GENERAL PROVISIONS 3.1. Access to Records. The Parties shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Agreement, and shall make such materials available at their respective offices at all reasonable times during the period of this Agreement and for ten (10) years from the date of final payment under the terms of this Agreement, for inspection or audit by the requesting party, or its authorized representative, and copies thereof shall be furnished free of charge, if requested by such party. Each party agrees that, upon request by a party or state or federal agency, a party may release or make available to a requesting state or federal agency any working papers from an audit performed in connection with this Agreement, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 3.2. Assignment; Successors. Each party binds its successors and assignees to all the terms and