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D-1740-07 As Amended/Parks Board/COIT SPONSOR: COUNCILOR cARTER ORDINANCE NO. 1)-1740-04 AS AMENDED gan O1RI)INANCE OF TI:{E COMTvION COUNCiI. OF TI:D{ CITY OF CARi'vEEL, INDL4~NA~ .APPROVING AND ADOPTING INTERLOCAL AGREEMt;NT AMENDMENT TO 1NTERLOCAL COOPERATION AGREEMENT This Amendment to Interlocal Cooperation Agreement (the "Amendment") is by and between the CiD: of Carmel, Indiana (the "City") and Clay Township of Hamilton County, Indiana (the "Township"), and sha[f be effective as of January 1, 2005. WHiEREAS, the City and the Township entered into a certain Interlocal Cooperation' Agreement (Ordinance No. D-1603-02) dated July 26, 2002, to provide j olnt park and recreational services to the residents of the City and the Township; and · Wq[IEREAS, the Agreement provides for the appointment of members to the Carmel/Clay Board of Parks and Recreation (the "Joint Board") with initial apppintments by the Trustee of the Township and, the Mayor of the City; and t WHEREAS, the Township has entered into a certain Lease dated January 20, 2004, (along with any renewal or extension thereof hereinafter the "Lease") by and between the Township and the Carmel/Clay Parks Building Corporation, providing for the financing of the Carmel/Clay Central Park project in the principal amount of Fifty-five Million Dollars ($55,000,000.00); and WHEREAS, the parties desire to revise and amend the Agreement to provide for eciual representation of the City and the Township on the Joint Board so long as payments under the Lease are being made by the Township; and 5VHEREAS, the parties also desire to permanently alter the computation of payments, due under the Agreement by moving from the prior budget year's proportionate assessed valuation to the then current budget year's pqoportionate assessed valuation. NOW THEREFOR~E, it is mutually agreed by and between the parties that the Agreement is amended as follows: 1. Conditional Revision of Section 2.2.' Notwithstanding any other provision of the Agreeinent, so long as any portion of the indebtedness evidenced by the Lease remains outstanding, due and payable by the Township, and so long as the Township timely makes its payment(s) of that portion of its annual COIT distribution that is attributable to the Carmel/Clay Central Park ("Park") and spent solely on Park capital projects, Section 2.2 of the Agreement shall be revised and amended in its entirety to read as follows:' 2.2 The Joint Board'shall cor~sist of nine (9) members appointed or selected as follows: 20050001037~ File~t roe Record in HhMILTON COUHTY, IHOIAHA dENHIFER J HAYDEH 02-23-2005 Ab 08:54 VERSION' B Last printed 1/4~2005 9:24 .~'vf o~t HANC£ I5. a. Four (4) members of the Joint Board shall be appointed by the Mayor on the basis of their interest and knowledge of parks and recreation and must be residents of the City. b. Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of their interest and knowledge of parks and recreation and must be residents of the Township. c. One (l) member of the Joint Board shall be appointed by the Board of Education for Carmel/Clay Schools and must be an elected member thereof. d. No more than two (2) o£the Mayor's appointments to the joint Board may be from the same political parts'. e. An elected official of the City or Township shall not be eligible to serve as a member of the Joint Board. f. The Mayor and Trustee shall continue to stagger the date of appointment of members serving on the Joint Board in a manner similar to that which exists at the time of adoption of this Amendment, and shall maintain records reflecting the date of appointment and term of each member so appointed. Revised Section 2.2, as set forth above shall automatically terminate and be of no further force or effect on and after the earlier of the first date on which the Township fails to timely pay any portion of the COIT funds attributable to the Park as described above, or the date on which the Township makes its final payment under the Lease. Immediately upon the occurrence of either such event, the original terms of Section 2.2 as contained in the Agreement shall again become binding on the parties hereto. 2. Permanent Revision of Section 6.2. Section 6.2 of the Agreement shall be revised and amended to read as follows: 6.2.The proportional funding obligations of the City and the Township set forth in Section 6.1 and elsewhere in this Agreement shall be based upon the City's and the Township's proportional share of the aggregate assessed valuation for the entire Township as determined by the Hamilton County Auditor for the same year in which the budget is in effect. For example, for budget year 2005, the budget shall be funded in proportion to the assessed valuation certified by the Auditor for calendar year 2005. ' 3. Ratification. [n all other respects, the Agreement is hereby ratified, approved and continued in every way. This Amendment shall be incorporated into the terms of the Agreement as if set forth in full therein. 4. Enforceability. This Amendment is entered into pursuant to I.C. 36-1-7, et seq., as the same may be amended or supplemented from time to time. This Amendment shall be recorded in the office of the Hamilton County Recorder after approval by the City and the Township, and shall be filed with the State Board of Accounts for audit purposes, all as required by I.C. 36-1-7, and shall not be deemed enforceable and binding until recorded with the County Recorder. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. PASSED by the Common Council of the City of Carmel, Indiana this r~q4L day of , 2005 by a vote of ? ayesand 0 VERSION B Last printed 1/4/2005 9:24 AM COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA /R:'onald E. Carter Rich'ard'L. ~h~u'p 7 ATT'E~T: .,~ Diana L. Cordray, IAIVlC, Cler:reasurer Presented by me to the May~or of the City of Carmel, Indiana, at 73700 o'clock {9 M. on Diana L. Cj2y, [AMC, C/_.~llerk-Tr~urer~ Approved by me, mayo; of the City of Carmel, Indiana, at v'~ o'clock/'-~Ivl, on this jal~ e~n;rd, M~ayor' ATTEST: Dia~fli~urer VERSION B Last printed 1/4/2005 9:24 AM ALL OF WHICH IS AGREED by and between the parties on the date set out herein. CLAY TOWNSHIP, HAMILTON COUNTY~ INDIANA By: Ja~th' F. Hagan, Township Trustee Jmfi ,C. Dillon, Preside t, ownship Board Bolin, Secretary, Township Board Tok, nship Cler~ Mary Eckard, Township Board Member Board Approval Date: This document prepared by: Brian C. Bosma, Kroger CJardis & Regas, 111 Monument Circle, Suite 900, P.O. Box 4494 l, Indianapolis, Indiana 46244-0941 (317)692-9000. Amended by Thomas D. Perkins, Assistant City Attorney for the City of Carmel.