Bill 16-35 Resolution to Approve Property Tax Re-Assessment Defense Interlocal Agreement

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SECTION 2. APPORTIONMENT OF DEFENSE COSTS- PROPERTY NOT LOCATED IN A TIF DISTRICT. Each Party is responsible for a pro -rata portion of the defense costs, commensurate with each party's percentage of the total tax rate received for each year subject to appeal if said property is not located in a TIF area. For these appeals, the County shall retain and pay all professionals directly. The responsible City shall then reimburse the County within sixty (60) days of receiving a request for reimbursement of the City's portion of professional fees. SECTION 3. MONTHLY REPORTING REQUIREMENTS. The St. Joseph County Auditor and Assessor shall prepare a monthly report to be provided to all Parties to this Agreement providing an update of the status of any appeals, costs associated with defense of any appeals, any and all other matters related to this Agreement. SECTION 4. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws and regulations in performing under this Agreement. SECTION 5. LEGAL RELATIONS. A. This Agreement is solely for the benefit of the Parties hereto and gives no right to any. otherparty. This Agreement is formed solely as an interlocal cooperation project under IC 36 -1 -7, B. This Agreement shall be interpreted in accordance with the laws of the State of Indiana in effect on the date of execution of this Agreement. The Circuit or Superior Courts of St. Joseph County, Indiana shall have exclusive jurisdiction and venue over any legal action arising under this Agreement between the Parties. C. Each party shall be solely and completely responsible for all acts and omissions of its employees, elected officials, attorneys or consultants and all other such persons acting exclusively on its behalf. D. The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement. 2