Interlocal Agreement with Zionsville/Construction of a Path on 116th StreetInterlocal. Agreement Between The City of Carmel, Indiana,
And The Town of Zionsville, Indiana
Concerning the Construction of a Path on 1161h StreetJae.l
THIS AGREEMENT entered into by and between the City of Carmel, Indiana, by and through its
Board of Public Works and Safety ("Carmel") and the Town of Zionsville, Indiana ("Zionsville"),
WITNESSETH THAT:
WHEREAS, both Carmel and Zionsville are located adjacent to each in Hamilton County
Indiana;
WHEREAS, Carmel intends to construct a shared use path on 116th Street between Michigan
Road and Shelbourne Road (the "Path");
WHEREAS, the Path will be approximately 5800 feet in length, approximately 700 feet of
which will be located within the jurisdiction of Zionsville; and G`
WHEREAS, Carmel and Zionsville mutually agree that the Path will benefit both parties
and that this interlocal agreement, entered into pursuant to Indiana Code 36-1-7, is in the public
interest of both parties.
NOW THEREFORE, in furtherance of the above, Zionsville and Carmel jointly agree as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. Carmel shall pay for the preliminary engineering work required for the Path, at a total cost of
$126,600.00.
3. Zionsville shall reimburse Carmel for its share of the preliminary engineering costs, not to
exceed $24,800.00.
4. Zionsville agrees -to make payments to Carmel for preliminary engineering services within 45
days of receipt of an invoice for services performed.
5. The parties agree to enter into an interlocal agreement to share costs for the construction phase of
the Path.
6. The Parties hereto agree that any disputes under this Agreement that cannot be informally
resolved will be submitted to mediation before a mutually agreeable mediator prior to either
parry filing suit to protect its interests hereunder.
7. This Agreement shall expire once all preliminary engineering services required for the Path have
been performed and the final payment from Zionsville to Carmel has been received. The
Agreement may be terminated by either party at any time upon thirty (30) days advanced written
notice to the non -terminating party as follows:
To Zionsville: Mask'De]i i3ie ,�City'Engirieer;ll,OO W. _OakCStteeti, )Zionsville, 19c=46077 Viand!
Heather Willey, City'Attorriey, 1100 W. Oak Street, Zionsville, IN 46077
To Carmel: Jeremy Kashman, City Engineer, One Civic Square, Carmel, IN 46032 AND
Douglas Haney, Carmel Corporation Counsel, One Civic Square, Carmel, IN 46032. However,
such termination shall not relieve either party of its obligation to pay its share of those costs
incurred pursuant to this Agreement prior to its termination date, which obligation shall survive
the termination of this Agreement.
8. This Agreement shall be in full force and effect from and after the date on which it is last
executed by a party hereto until it is terminated in conformance within the terms hereof.
9. Each party shall promptly inform the other parry of any circumstance which would substantially
delay, or preclude, their compliance with this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement
on the dates set out below.
TOWN OF ZIONSVILLE, INDIANA
Signature
Printed Name a4d Title
Date: 61 ( f (V
ATTEST:
Printed Name and title
Date:
Approved and Adopted this St day of Octob-en 2016 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
:1
No4- PrC3&-%'r
James Brainard, Presiding Officer
Date:
N
Mary Burke a er
Date: .0, -.. /Z
Lori S. Watson, Prember
Date: ( 4 b
ATT
7(z
Chris ' . Pauley, Clerk -Treasurer
Date: iO//