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D-1998-10 2nd Amend. Interlocal Between City and Clay TownshipAgreemnt. City/Hamilton County/Community DevelopmentRt it l ITS O:RDIN ANCE NO. J)- 1998 -1.0 SPONSOR: COUNCILLOR SHARP AN ORDINANCE 01? THE COMMON COtiNCCL of THE CITY OF CARMEL INDIANA: APPROVING AN'D:.ADOP'I ING A SECOND AMENDMENT TO 1.i1TERLOCAL AGREEMENT SECOND AMENDMENT TO INTE.RLOCAL COOPERATION AGREEMENT T This Second Arnendmeilt to .lntcriocal Cooperation Agreement "Second Amendment is by and between the City of Carmel, Indiana:(the "City and Clay Township of [amilton- County Indiana (the "Tov�mship and shall be effective upon its adoption by the legislative' body of both the City and the Township and its recording with the .Hamilton County Recorder. WHEREAS, the City and the Township entered into a certain Intel Cooperation Agreement dated July 26, 2002, adopted by the Township by Resolution and by the City. under Ordintinee:No.:D- i 603 -02 dated July 26, 2002 (tlte "Original Agreement to provide joint park.and recreational services to the residents of the City and the Township through the Carmel /Clay Board of Parks and Recreation (the "Joint Board and WHEREAS, the Original Agreement was amended by an Amendment to Interiocal Cooperation Agreement dated February 8, 2005, adopted by the Township by Resolution and by the City under Ordinance No. D -1 740-04 dated February 7 2005 (the "First Amendment hick provided, among other things, for the,payment by the Township of certain County Option Income Tax "CO1T funds for the purposes set forth therein; and WHEREAS, the Township entered into a certain lease dated January 20, 2004 by and between the Township and the Carmel /Clay Parks Building Corporation (along with any subsequent renewals or extensions thereof, the "Lease), to provide for the financing of the.Carrnel /Clay Central Park and :Motion Center. Project; and \VFIE,REAS, the parties desire to revise and amend the Agreement in accordance with the terms of this Second Amendment. NOW TIIEREFORE, it is mutually agreed by and between the parties as follows: 1. Expenditure of COIT Funds. Notwithstanding the provisions of Section 1 of the First Amendment, COIT funds received by the Township ‘vhich arc attributable to the debt evidenced by the Lease may be applied by the Township to any capital expenditures (as determined under generally accepted accounting principles) budgeted by the Joint Board throughout the Cnrmel/Clay bark system without violating the terms of Section 2.2 of the Agreement as revised by the First Amenchnent or causing the automatic loss of Joint Board appointments by the Township. Z. Ratification. in all other respects, neither the Agreement nor the First Amendment thereto is affected by this Second Amendment, and the sane are hereby ratified, approved and continued in every way. This Second Amendment shall be incorporated into the terms of the Agreement as if set forth in full therein. 2010041596 ORDINANCE $17.00 08/31/2010 01:31:08P 3 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Illif IIIIIII IIIIIIIIIIIIIII;!IIIIIIII IIIIHJHIiIIIIIIIIIIIiIIII. 3. Enforceability. This Second Amendment is entered into pursuant to LC. 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 1.C. 36 -1 -7, and shall not be deemed enforceable and binding until it is 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 62 day of 2010 by a vote of 7 ayes and h nays. COMMON COU esiding Officer onald E. Carter W. Eric Sei. sticker ATTEST: President Diana L. Cordray, IAMC, Clerk -Tre user CIL FOR THE CITY OF CARMEL, INDIANA Richard L. S arp, President Presented by me to the Mayor of the City of Carmel, Indiana, at as o'clock P.M. on the Lir day of 2010. ames Brainard, Mayor Diana L. Cordray, IAMC, Clerk -Tr asu er Approved by me, the Mayor of the City of Carmel, Indiana, at ab o'clock P.M. on this t.ci day of 2010. below. By: ALL OF WHICH IS AGREED by and between the Township on the date set forth CLAY TOWNSHIP HAMILTON COUNTY, INDIANA Douglas :Mahan, Township Trustee CLAY TOWNSHIP HAMILTON COUNTY, INDIANA By: C. Dillon, Chairman Pau K. Bolin, Secretary ,t) o Via-. Mary Ecl ard,'Member Board Approval Date: 2 3 0 This document was jointly prepared by and an original copy of same should be returned upon recording to both: Brian C. Bosnia, Kroger Gardis Regas, LLP, 111 Montunent Circle, Suite 900, Indianapolis, Indiana 46204 -5125 (317)692 -9000 and Douglas Haney, Cannel City Attorney, City Hall, One Civic Square, Third Floor, Carmel, Indiana 46032 (317) 571 -2472. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number ill this document, unless required by 1.aw. Brian C. 13osuna, Esq.