HomeMy WebLinkAboutD-1483-00 Fire Stations 42/46 CARMEL-CLAY FIRE STATION FINANCING, CONSTRUCTION
AND MAINTENANCE INTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN
THE CITY OF CARMEL, INDIANA
AND CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA
ORDINANCE NO. D-1483-00
200000047283
Filed fop Re~ord in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 09-2~-2000 At 09:09 am.
AGREEMENT 25.00
ORDINANCE NO. D-1483-00
INTERLOCAL COOPERATION AGREEMENT
FOR FIRE STATION FINANCING, CONSTRUCTION
AND MAINTENANCE
This Agreement is by and between the City of Carmel, Indiana (the "City") and Clay
Township of Hamilton County, Indiana (the "Township"), and shall be effective as of the date of
recordation of this Agreement with the Hamilton County Recorder.
DECLARATION OF PURPOSE
WHEREAS, the City and the Township (collectively the "Participants") have cooperated
in the provision of firefighting and emergency response services in their respective jurisdictions
through an annual Contract for Fire Protection between the City and the Township (the "Fire
Contract"); and
WHEREAS, the Participants have determined that there is a need for two additional fire
stations (the "Stations") to be constructed at the locations attached hereto as Exhibit "A" (the
"Station Sites") to serve the fire protection and emergency response needs in both the City and the
Township; and
WItEREAS, it has been determined that the best interests of the citizens and taxpayers of
the City and the Township would be served through the Participants acting jointly to finance,
construct and maintain the Stations as provided for in this Agreement; and
WHEREAS, as all residents of the City and Township will benefit from the construction of
the Stations, it has been determined by the Participants that all taxpayers of the City and the
Township should share in the costs thereof; and
WHEREAS, I.C. 36-1-7 et seq. provides that a power that may be exercised by an Indiana
political subdivision and by one or more other governmental entities may be exercised jointly by
the entities by entering into a written Interlocal Cooperation Agreement, and the Participants desire
to enter into such an agreement to administer the financing, construction and maintenance of the
Stations.
NOW THEREFORE, the parties hereto mutually agree as follows:
ARTICLE I
Joint Fire Building and Maintenance Board
Section 1.1. Establishment of Joint Board. The Participants hereby establish a Joint Fire
Station Construction and Maintenance Board (the "Joint Board") which shall be responsible for the
administration of the terms of this Agreement. The Joint Board shall constitute the joint board
required by I.C. 36-1-7-4.
Section 1.2. Membership. The Joint Board shall be composed of four (4) members, which
shall include the executive of each of the Participants, or the executive's designee, and one (1)
member of each of the legislative bodies of the Participants selected or appointed by the majority
vote of each legislative body.
Section 1.3. Term. The members of the Joint Board shall serve a term which coincides
with the member's term as the executive or member of the legislative body of the Participant.
Executive members of the Joint Board shall automatically be succeeded by their successors to the
office of the executive of the Participant, and designees of the executive may be removed,
appointed, or reappointed from time to time at the sole discretion of the executive. Appointees of
the legislative body of a Participant shall serve until their successors are selected by the appointing
authority and may be removed and replaced with or without cause at any time by a majority vote of
the appointing legislative body.
Section 1.4. Chairman. The chairmanship of the Joint Board shall rotate on an annual
calendar year basis between the executives of each of the Participants.
Section 1.5. Secretary. The Joint Board shall appoint a secretary at the first meeting of
each calendar year. The Joint Board Secretary shall report all official meetings of the Joint Board
and shall make copies of the minutes of such meetings available to each Board member prior to the
next regularly scheduled meeting.
Section 1.6. Meetings. Meetings of the Joint Board may be called at any time by the
Chairman or by any two (2) members of the Joint Board.
Section 1.7. Notice of Meetings. The provisions of the Indiana Open Door Law, I.C. 5-14-
1.5 et seq. shall apply to all meetings of the Joint Board, and compliance therewith shall be
sufficient to satisfy all notice or other legal requirements under this Agreement.
Section 1.8. Quorum and Voting. At any meeting of the Joint Board, the presence of at
least three (3) members shall be necessary to constitute a quorum. Each member of the Joint Board
shall have one (1) vote on all matters coming before the Board. Action by the Joint Board shall
require the affirmative vote of no less than three (3) members of the Joint Board acting at a
properly called meeting at which a quorum is present.
Section 1.9. Public Records. An official record of all meetings of the Joint Board shall be
maintained in the principal office of the Township. Accurate memoranda of all meetings shall be
kept in accordance with I.C. 5-14-1.5-4(b) and (c) and shall be available for public inspection
during normal business hours. The Joint Board shall be governed by, and all records of the Joint
Board shall be maintained in accordance with, I.C. 5-14-3 et seq.
Section 1.10. Powers, Duties and Responsibilities. The Joint Board shall have the
following powers, duties and responsibilities:
2
a. The Joint Board shall have as its primary responsibility the administration of this
Agreement providing for the construction, ownership, use and maintenance of the Stations.
b. The Joint Board shall act as a construction committee during the construction of the
Stations and shall receive regular reports from the architect as construction proceeds.
c. The Joint Board shall prepare any distribution, dissolution or termination plans
called for in this Agreement and shall make such additional recommendations to the
Participants related to the disposal of assets governed by this Agreement as are deemed
necessary from time to time.
d. The Joint Board shall review such other issues as are referred to the Joint Board
from time to time by either Participant and shall make such recommendations to the
Participants as are deemed advisable.
Section 1.11. Professional Advisors. The Joint Board shall utilize, to the extent deemed
necessary, the professional advisors employed by the Participants, and each Participant shall be
responsible for its own costs incurred in this regard.
ARTICLE II
Acquisition, Ownership and Disposition of Assets and Joint Facilities
The Participants agree to the following procedures regarding the acquisition, ownership and
disposition of the Stations and any related assets and joint facilities administered under this
Agreement:
Section 2.1. Acquisition of Station Sites. The Participants acknowledge that the Township
is in the process of acquiring through condemnation or purchase the parcels constituting the
"Station Sites" and that the costs of such acquisition shall be added to the costs of acquisition and
construction dealt with in Article 3 below.
Section 2.2. Ownership and Control of Stations. After the acquisition of the Station Sites
by the Township, the Township shall take all actions necessary to transfer ownership of the Station
Sites to the City and the Township jointly. The Stations and the Station Sites shall thereafter be
owned jointly by the Participants, and the recorded deeds for each of the Station Sites shall list the
owner as "the City of Carmel, Indiana and Clay Township of Hamilton County, Indiana as Joint
Tenants and not as Tenants in Common."
Section 2.3. Construction of Stations. The Township shall undertake and shall be
responsible for all aspects of the acquisition and construction of the Stations at its sole discretion,
including the hiring of all professionals, site acquisition, design, bidding, contracting and
supervision of construction. The Township agrees to cooperate promptly and in good faith with
the City to address any reasonable concerns brought to the attention of the Township by the Joint
3
Board. Financing of all aspects of acquisition and construction of the Stations shall be handled in
accordance with Article III below.
Section 2.4. Maintenance. The costs and respective responsibilities of the Participants
relating to maintenance of the Stations shall be as provided for annually in the Fire Contract.
Section 2.5. Improvements. In the event a Participant believes it is necessary or advisable
to incur costs for capital improvements for the Stations, the question of the necessity thereof shall
be referred to the Joint Board which shall make appropriate recommendations related thereto to the
Participants. If capital improvements are found to be necessary or advisable, the Joint Board shall
submit to the Participants a plan for the financing and construction thereof. Any recommendations
shall be subject to the approval of the legislative body and executive of each Participant, and the
same shall be provided for by amendment to this Agreement, through inclusion in the Fire Contract
or through the adoption of appropriate ordinances and resolutions by the Participants. Unless
otherwise provided, all Improvements shall be owned jointly by the Participants in the same
manner as the Stations.
Section 2.6. Ownership and Control of Separate Assets. The Participants hereby agree that
the separate equipment, rolling stock, real property and improvements, leasehold interests and
other tangible and intangible assets currently owned or utilized by either Participant for fire
suppression and emergency response shall remain the separate property of each Participant, unless
specifically agreed in writing by the Participants. The Participants may, from time to time, choose
to transfer additional separate assets to joint ownership to be administered pursuant to this
Agreement through the adoption by each legislative body of a substantially identical ordinance and
resolution providing for such transfer coupled with the signed approval of the executive of each
Participant.
Section 2.7. Disposition of Assets. In the event of the termination of this Agreement, or in
the event any property or material asset covered by this Agreement is to be disposed of without
termination of this Agreement, the Joint Board shall prepare a plan for the distribution and/or
disposal of such assets or properties and any liabilities related thereto. The distribution plan (or in
the event of a proposed termination, a termination plan) shall be adopted by majority vote of the
Joint Board, and once approved, shall be submitted for approval to the legislative body of each of
the Participants. Any plan approved by the Joint Board and the legislative body of each Participant
shall be carried out by the Joint Board and the proper officers of the Participants as designated in
the plan. In the event a recommendation for distribution and disposal of the Stations and all other
assets or properties and liabilities related thereto is not approved by the Joint Board and each
legislative body within ninety (90) days of the adoption of a resolution or ordinance to terminate
this Agreement, any party may submit a request to the State Board of Tax Commissioners for the
purpose of preparing an equitable plan for distribution and disposal of all assets and liabilities
covered by this Agreement, which plan shall be binding on the parties hereto. All disposition of
property or assets covered by this Agreement shall be in accordance with the laws applicable to
governmental entities of the State of Indiana.
4
ARTICLE III
Taxing and Finance Matters
Section 3.1. Uniform Tax Rate. The Participants hereby agree to the establishment and
imposition by the Township of a uniform tax rate upon all of the taxable property throughout the
Township, including those areas both within and outside of the City, for the purpose of funding the
acquisition of the Station Sites and the design and construction of the Stations, and all costs, fees
and expenses related in any way thereto or to the creation and retirement of indebtedness therefore,
including the costs of issuance of the foregoing indebtedness. By adopting this Agreement, the
City hereby approves and ratifies all lawful and necessary actions taken by the Township to fund
the acquisition of the Station Site and/or the design and construction of the Stations by incurring
indebtedness in an amount not greater than Five Million Dollars ($5,000,000.00) as adopted by the
Township Board on July 24, 2000 pursuant to Township Resolution No. 7-24-00-1, and the
imposition of a uniform tax rate upon all property throughout the Township, including those areas
both within and outside of the City, to finance the repayment thereof.
Section 3.2. Additional Action. The City agrees to take any additional action that is lawful
and necessary in order to approve or assent to the imposition of the foregoing uniform tax rate and
specifically agrees to the submittal of this Agreement to the State Board of Tax Commissioners as
evidence of the City's approval and assent to a uniform tax rate throughout the City and the
Township for the purposes set forth in this Agreement.
ARTICLE IV
Duration, Amendment, Withdrawal and Termination
Section 4.1. Duration. This Agreement shall continue as the binding agreement of the
Participants until modified or terminated in accordance with the terms and provisions set forth
below.
Section 4.2. Amendment. The Participants may, from time to time, alter, change or amend
the terms and conditions of this Agreement by an amendment in writing making specific reference
to the document as an amendment to this Agreement, approved and executed by each of the
Participants in the same manner as this Agreement. Any amendment or modification of this
Agreement shall take effect immediately upon the approval of the last of the Participants to
approve such amendment or modification, or at such other time as is specifically designated in the
amendment or modification.
Section 4.3. Termination. This Agreement may only be terminated pursuant to an
ordinance of the City or a resolution of the Township Board directing that the Agreement be
terminated and that the Joint Board be disbanded. Such ordinance or resolution nmst be finally
adopted and transmitted to the Joint Board and the non-terminating party on or prior to June 1st of
any year proceeding the effective date of the termination. Prior to the adoption of an ordinance or
resolution of termination, any Participant intending to terminate this Agreement shall be required to
give at least sixty (60) days' written notice forwarded by certified mail to the executive and
chairman of the legislative body of the other Participant of its intent to consider an ordinance or
resolution of termination, and the time, date and place of the meeting at which such ordinance or
resolution will be considered. Any ordinance or resolution adopted pursuant to this Section prior
to June 1 shall be effective as of the January 1 immediately following, unless a later effective date
is set forth therein. Ordinances or resolutions adopted without following the deadline or notice
provisions contained in this Section shall be invalid and of no effect. In the event of termination of
this Agreement, the provisions of Section 2.7 above relating to the disposition of assets shall apply,
along with any other laws applicable to such termination. Termination of this Agreement shall not
in any way affect any indebtedness entered into pursuant to Article III of this Agreement and the
tax rates and levies to repay such indebtedness shall remain in place until all such indebtedness is
repaid in full.
ARTICLE V
Miscellaneous
Section 5.1. Subiect to Applicable Law. This Agreement, and the respective rights and
responsibilities of the Participants and the Joint Board shall be subject to the laws binding upon
this Agreement and/or the delivery of fire protection and emergency response services. The
respective rights and responsibilities of the Participants shall be supplemented by any such
applicable laws, but the parties agree that, to the greatest extent possible, the terms of this
Agreement represent the parties' respective interests and intentions and shall be given their full
force and effect. The laws of the State of Indiana shall govern the interpretation, validity, and
performance of this Agreement.
Section 5.2. Severabilit¥. If any provision of this Agreement shall be held to be invalid or
unenforceable by any court of competent jurisdiction, such provision shall be severed from the
remainder of this Agreement and the validity and enforceability of the remaining provisions of the
Agreement shall not be affected thereby.
Section 5.3. Approval and Effective Date, This Agreement shall be approved upon the
adoption by the legislative body of each Participant of an appropriate ordinance or resolution
approving and ratifying this Agreement and upon the approval and execution by the executive of
each Participant. After approval and execution by the appropriate officers of each Participant this
Agreement shall be recorded with the Hamilton County Recorder, and the date of recordation shall
be the effective date of this Agreement. Within sixty (60) days of the effective date, this
Agreement shall be recorded with the Indiana State Board of Accounts for audit purposes pursuant
to I.C. 36-1-7-6.
Section 5.4. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in several counterparts in their respective Participant's name by the duly authorized signatories
below.
6
PASSED by the Common Council of the City of Carmel, Indiana this
S~o'/-~,t ~ , 2000, by a vote of .4 ayes and O nays.
1 8Z~ay of
COMlVlON COUNCIL FOR THE CITY OF CARMEL
~l~sid~g Officer'
Kevin Kirby
.-Robe;t-Battreall
,~6~ald E. Ca~te3
.~_< ~rR~ Koven
· l~Snyder . f ~
ATTEST:
Diana Cora;ar/t C, Cierk-Zr asurer
Presented by me to the Mayor of the City of Carmel, Indiana the ~
~ 2000.
Approved by me, Mayor of the City of Carmel, Indiana, this __
,2ooo.
I ~'~day o f
Diana L, Cordr~)~, IAMC, Clerk-Treasurer ! 8*rday of
j~tm~s Brainar~layor
ATTEST:
)Diana L. Cordra~, IA~C, Clerl~-Treasurer
By:
CLAY TOWNSHIP OF HAMILTON
COUNTY, INDIANA
J~ F. Hagan, Town~hip Trustee
ADOPTED and APPROVED BY: Resolution of the Clay Township Board adopted on
De~, ¥e,~loo~c' t8 . 2000.
By: ~/~J,~
Carl S. Mills, Chairman
Clx Township Board
By: ;~_,.,, ~, .~.~_ ~_d~, ..~
Rosm~y Henkel, ~emb~r
Clay Township Bo~d
By:
Mary Eckard/Secretary
Clay Township Board
DATE:
STATE OF INDIANA
COUNTY OF HAMILTON
SS:
Before me, aState s ntative uo I.C. - -4-1this 18thday of
September, 2000, personally appeared the above-signed Township Trustee, Chairman,
Secretary and Member of the Township Board of Clay Towns~l~of Hamilton CountyJ~:~n~ana
who acknowledged that the foregoing statements are true./~ ~ ~
~%~o~St'ate Rei~eserr~'ative u~der
authorilSy of I.C. 2-3,,-6.--!
Brian C. Boston
Printed Name
Date of Election
11/03/98
My County of Residence:
Marion
This document prepared by: Brian C. Bosma, Kroger Gardis & Regas, 111 Monument Circle,
Suite 900, P,O. Box 44941, Indianapolis, Indiana 46244-0941 (317)692-9000.
8
JOHN J. PI~TR
FOUNDED 1937
September 22, 2000
State Board of o~e~u~ts
Indiana Government Center South
302~gt Washington Street, Room E418
I.,!~anapolis, Indiana 46204-2738
Via Certified Mail
Re;
Interloeal Cooperation Agreement
by and between the City of Carmel, Indiana and
Clay Township of Hamilton County, Indiana
Dear Ladies and Gentlemen:
Pursuant to the provisions of I.C. 36-1-7-6, enclosed you will find a copy of
an Interlocal Cooperation Agreement entered into by and between the above
referenced units for the purposes of financing, constructing and maintaining two joint
fire stations located in Clay Township of Hamilton County, Indiana. The effective
date of the Agreement is September 22, 2000, the date of its recording with the
Hamilton County Recorder.
Please file stamp the enclosed copy of the Agreement and return it to the
undersigned in the enclosed self addressed, stamped envelope. If you should have any
questions, please feel free to direct them to the undersigned at your convenience.
Very truly yours,
KROGER, GARDIS & REGAS
Attorneys for Clay Township of Hamilton
County, Indiana
Brian C. Bosma
BCB/ak
Enclosures
cc: Trustee, Judy Hagan
Clerk-Treasurer, City of Carmel
MONUMENT CIRCLE, SUITE 900, P.O. BOX 44941
INDIANAPOLIS, INDIANA 46244-0941
(317) 692-9000 FAX (317) 264-6832
JAMES A. KNAUER
JAMES G. LAUCK
JAY P. KENNEDY
BRIAN C. BOSMA
September 22, 2000
FOUNDED 1937
Carrie Groce
Deputy Clerk Treasurer
City of Carmel
One Civic Square
Carmel, Indiana 46032
RE: Interlocal Cooperation Agreement
Dear Came:
Pursuant to our discussions, enclosed you will find an original executed
Interlocal Cooperation Agreement between the City of Carmel and Clay Township
relating to the joint fire stations as recorded with the Hamilton County Recorder on
September 22, 2000. As you will see from the enclosed letter, I have forwarded a
copy of the Agreement to the Indiana State Board of Accounts for audit purposes as
required by I.C. 36-1-7-6.
I am forwarding copies of this letter and the enclosure to Mayor Brainard
and Doug Haney so that all parties are apprised of the status of this matter, If you or
Diana Cordray should have any questions, please feel free to call me. We
appreciate your assistance on this important matter.
Very truly yours,
KROGER GARDIS & REGAS
Brian C. Bosma
BCB:akk
enclosure
cc: Hon. James Brainard, Mayor (w/encl.)
Doug Haney, City Attorney (w/encl.)
Hon. Judy Hagan, Trustee
lll MONUMENT CIRCLE, SUITE 900, P.O. BOX 44941
INDIANAPOLIS, INDIANA 46244-0941
(317) 692-9000 FAX (317) 264-6832
JAMES A. KNAUER
JOHN J. PETR
JAMES G. LA LICK
JAY E KENNEDY
BRIAN C. BOSMA
GREGORY P. CA FOLIROS
MARCIA ROAN
MA DALYN S. KINSEY
WILLIAM BOCK, iii
MARK J. COL[ICCI
MICHELLE A. IIOWDEN
October 26, 2000
FOUNDED 1937
Hon. Judith F./~3,ag'an'
Clay Towns~ Trustee
t0701 .~42ollege Avenue
I~apolis, 13I 46280-1089
RE: lnterlocal Cooperation Agreement
Dear .Judy:
Enclosed you will find a copy of the acknowledgement letter from the State
Board of Accounts acknowledging the filing with the State Board of the Interlocal
Agreement with Carmel, along with an additional file stamped copy of the
Agreement. This filing brings to a close the legal requirements for the creation of a
valid Iflterlocal Cooperation Agreement pursuant to I.C. 36-1-7. You should keep a
copy of this letter and the file stamped Agreement with your other documents
.relating to the Interlocal Cooperation Agreement as proof that the statutory filing
requirements have been fulfilled.
I am forwarding a copy of this letter and the enclosures to Diana Cordray and
Doug Haney, so that the City of Carmel's files are also appropriately documefited. If
you have any questions, please give me a call at your convenience.
Personal regards,
KROGER GARDIS & REGAS
BCB:akk
enclosure
cc: Hon. Diana Cordray (w/encl.)
Brian C. Bosma
Mr. Doug Haney, Esq. (w/encl.)
11 l MONUMENT CIRCLE, SUITE 900, P.O. BOX 44941
iNDIANAPOLIS, INDIANA 46244-0941
(317) 692-9000 FAX (317) 264-6832
STATE OF INDIANA
AN EQUAL OPPORTUNITY EMPLOYER
STATE BOARD OF ACCOUNTS
302 WEST WASHINGTON STREET
4TH FLOOR, ROOM E418
INDIANA. P, OLIS, INDIANA 46204-2765
Telephone: (317) 232-2513
Fax: (317) 232-4711
Web Site; wxvw.state.~.us/sb~
October 4, 2000
File: Hamilton - Schools
Brian C. Bosma
Kroger, Gardis & Regas
Attorneys at Law
111 Monument Circle
Suite 900, P O Box 44941
Indianapolis, 1N 46244-0941
Re: Interlocal Agreement
Dear Mr. Bosma:
Thankyou for filing the Interlocal Cooperation Agreement for the City of Carmel and Clay Township
of Hamilton Coun[y.
We will reView the Agreement during furore audits. However, the State Board of Tax conmUssiOners
Should provide written authorization regarding the "Uniform Tax Rate."
Sincerely,
CWN/SAM/sae
cc: Charles W. Pride, Cities and To~s Supervisor
Central Interlocal File
Data File
LAY TOWNsHIP Or
Trustee
· Judith E Hagaq
10701 North College ? ' Indianapotis~Indiana46280-10~9 · (317) 846-2773 .. Fax 317 846-0744 - E~a/lclaytwp@indynet
!'AUgust ~31., 2001
Sincerely;
,Ha
City Of carmel
Carmel, 1N46032
Re:: Exhibit "A'! Fire:Siation 42 &:46 Addresses for Interi0~al'Ag~eem~f '
Deax Card'e~ "'
Englo~ed is ~ copy. of,the Affidavit for Attachment.'to CarmeI-Ciay Fire'Stati0n
Finan'ciiig, Construction and Main~enance'-Inti~rl6cal Cooperation Agi-ebmenl:.by
and between the City of Carmel and Clay ~To~nshiP as filed '&ith the Hamilton-
C~unty'R¢c0'rd~r'0n August.:30, 2001, xT0r your r,,e,c~,rds. The'Affidavit (dd~'th~ Street
~ adclressesofthetW° riewfire siations'/isExhib~t A ,whichwas 0rh~tted'ffomthe
original-Int~rloeal. Thank y6h for.catcliing my omission. '
: Ma~ Eckard
R0smarv Hensel
C~l S~ ~fls ",-
Depu~ Clerk Tre~er..
· I
200100049675
Filed fo~ Record in
· HAMILTON COUNTY, INDIANA
MARY L CLARK
08-08-2001 04:4~ pm.
AFFID MISt 14.00
AFFIDAVIT FOR ATTACHMENT TO
CARMEL-CLAY FIRE STATION FINANCING, CONSTRUCTION
AND MAINTENANCE INTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN
THE CITY OF CARMEL, INDIANA
AND CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA
RECORDED AS INSTRUMENT NO. 200000047283
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, the undersigned authority, personally appeared JUDITH F. HAGAN (the
"Affiant"), the Trustee of CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA (the
"Township"), who being by me first duly sworn on her oath, deposes and says of her own
personal knowledge that:
1. Affiant has personal knowledge of the matters set forth herein.
2. The Township and the City of Carmel, Indiana (the "City") entered info the
Carmel-Clay Fire Station Financing, Construction and Maintenance Interlocal Cooperation
Agreement, Ordinance No. D-1483-00 (the "Agreement").
3. On September 22, 2000, the Agreement was filed for record with the Hamilton ·
County Recorder's Office as Instrument No. 200000047283.
follows:
The second recital clause on page one (1) of the Agreement provides as
"WHEREAS, the Participants' have determined that there is' a n6ed for two
additional fire stations (the "Stations") to. be constructed at the locations attached
hereto as Exhibit "A" (the "Station Sites") to serve the fire protection and
emergency response needs in both the City and the Township.'
bcb\claytow nshlp\springmill\a ffidavit - 7/25/0[
Pagel-of2 pages
5. Due to an inadvertent error at the time the Agreement was recorded, Exhibit "A"
as referred to above was not attached to the Agreement.
6. Attached hereto and incorporated herein by reference as Exhibit "A" is a true and
accurate copy of the Exhibit "A" to be attached to the Agreement, as it accurately reflects the
locations of the "Station Sites" as those terms are defined in the Agreement.
7. By recordation of this Affidavit, Exhibit "A' attached hereto is incorporated in the
Agreement and should be attached to the Agreement by the Hamilton County Recorder's Office.
8. Affiant further states that she is familiar with the nature of an oath and with the
penalties as provided by the laws of the State of Indiana for falsely swearing to statements made
'in an instrument of this nature. Affiant further certifies that she has read the full facts of this
Affidavit, and understands its context.
By:
J~ F. Hagan, Trustee ~of Clay.
Township of Hamilton County, Indiana
SUBSCRIBED AND SWORN TO before me this 60 day of
2001.
'Nota?/P~lic
Printed N~e - I }56[1' ~
M~, Commission Expires:
County of Residence:
This Instrument Prepared By: Brian C. Bosma, Esquire, KROGER, GARDIS & REGAS, L.L.P.,
Bank One Center/Circle, Suite 900, Ill Monument Circle, Indianapolis, Indiana 46204-5175,
(317) 692-9000.
bcb\claytownshipLqpringmill~affida,it- 7/2510t Page 2 of 2 pages
CARMEL-CLAY FIRE STATION FINANCING, CONSTRUCTION
AND MAINTENANCE INTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN
THE CITY OF CARMEL, INDIANA,
AND CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA
DATED SEPTEMBER 18, 2000
EXHIBIT "A"
ADDRESSES OF TWO NEW FIRE STATIONS
STATION 42
3610 West 106th Street
Carmel, IN 46032
STATION 46
540 West 136th Street
Carmel, IN 46032
7/18/01