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REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF GOSHEN, TO BE HELD JUNE 7, 2016 AT 8:00 P.M. AT THE COUNCIL CHAMBERS 111 EAST JEFFERSON STREET, GOSHEN, INDIANA ........................................................................................................................................... ............................................................................................................................................ OUT OF RESPECT TO OTHERS IN THIS MEETING, PLEASE TURN CELL PHONES, BEEPERS AND PAGERS OFF OR TO SILENT MODE. IF A PHONE CONVERSATION IS NECESSARY, PLEASE STEP OUTSIDE OF THE MEETING ROOM. THANK YOU. Call to Order by Mayor Jeremy Stutsman Pledge of Allegiance Roll Call of Council: Mr. Ahlersmeyer__ Ms. Gautsche Ms. King__ Mr. McKee__ Mr. Orgill Mr. Scharf:-_ Mr. Weddell _ Approval of Agenda and Changes to Agenda Approval of Minutes Agenda Items: 1. PUBLIC HEARING ON ORDINANCE 4867 2. ORDINANCE 4867 (FIRST READING) (SECOND READING) ADDITIONAL APPROPRIATION ORDINANCE

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REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF GOSHEN,TO BE HELD JUNE 7, 2016 AT 8:00 P.M. AT THE COUNCIL CHAMBERS

111 EAST JEFFERSON STREET, GOSHEN, INDIANA

.......................................................................................................................................................................................................................................................................................OUT OF RESPECT TO OTHERS IN THIS MEETING, PLEASE TURN CELL PHONES,BEEPERS AND PAGERS OFF OR TO SILENT MODE. IF A PHONECONVERSATION IS NECESSARY, PLEASE STEP OUTSIDE OF THE MEETINGROOM. THANK YOU.

Call to Order by Mayor Jeremy Stutsman

Pledge ofAllegiance

Roll Call of Council: Mr. Ahlersmeyer__ Ms. Gautsche Ms. King__Mr. McKee__ Mr. Orgill Mr. Scharf:-_Mr. Weddell _

Approval ofAgenda and Changes to Agenda

Approval of Minutes

Agenda Items:

1. PUBLIC HEARING ON ORDINANCE 4867

2. ORDINANCE 4867(FIRST READING)(SECOND READING)

ADDITIONAL APPROPRIATION ORDINANCE

3. RESOLUTION 2016-18

APPROVING THE INTERLOCAL AGREEMENT WITH GOSHEN COMMUNITYSCHOOLS FOR PLYMOUTH AVENUE BICYCLEIPEDESTRIAN PATHMODIFICATIONS

4. RESOLUTION 2016-19

AUTHORIZING THE EXTENSION OF CITY WATER UTILITIES AND SEWERUTILITIES TO REAL ESTATE AT 65880 COUNTY ROAD 27, GOSHEN

PRIVILEGE OF FLOOR

Next Council Meeting: June 21, 2016 (Regular Council Meeting)

ADJOURNMENT OF MEETING

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ORDINANCE 4867ADDITIONAL APPROPRIATION ORDINANCE

WHEREAS, It has been detennined that it is now necessary to appropriate moremoney than was appropriated in the annual budget; now therefore:

SECTION 1: Be it ordained by the Common Council of the City of Goshen,Elkhart County, Indiana, that for the expenses of the taxing unit the followingadditional sums of money are hereby appropriated out the funds named and for thepurposes specified, subject to the laws governing the same:

GENERAL FUNDFire DepartmentOther Operating $9,164

PASSED AND ADOPTED, this 7th day of June, 2016, by the Common Council of the City ofGoshen, Indiana.

Presiding OfficerATTEST: _

Tina M. Bontrager, Clerk-Treasurer

Presented by me to the Mayor of the City ofGoshen, Indiana, on the__ day ofJune 2016

Tina M. Bontrager, Clerk-Treasurer

This Ordinance approved and signed by me on the __ day ofJune 2016.

Jeremy Stutsman, Mayor

Goshen

May 5. 2016

Danny C. Sink, ChiefFIRE DEPARTMENT, CITY OF GOSHEN209 North Third Street. Goshen, IN 46526-3201

Phone (574) 533-7878 • Fax (574) 534-2804 • TOO (574) [email protected] • www.goshenlndlana.org

To: The Honorable Mayor StutsmanThe Ilonorable City Council Me'llbersThe Honorabl~Tina Bontrag~r. ('Ierk Trea'iur~r

From: Danny Sink. fire Chief

Re: Additional Appropriation

The Fire Department respectfull) rcquc~ts un uddition~ appn:-priatior.:o :h~ amount ()f

$9,164.00.

This appropriation will be returned to budgel line 42~-O151. Fil'dOther OperatingSupplies.

A check was requested for W.S. Darley to purcha'it, ~ new thL'rmal imaging c' mera andthen rt:quested a second time in error. Vv .S. Darley W;lS >:ullh\cted and pmce:;s~d a refundcheck to the City.

If you have any questions. please feel fh~e to conlacL tnc-.

Resnsubmitled~

'-- ~Dann)' Sink, Fire e",er

Resolution 2016-18

Approving the Interlocal Agreementwith Goshen Community Schools

for Plymouth Avenue Bicycle/Pedestrian Path Modifications

WHEREAS City and School wish to modify the Plymouth Avenue bicycle/pedestrian path to improvethe safety ofthe crossing near Goshen Middle School.

WHEREAS pursuant to Indiana Code § 36-1-7 et seq., a power that may be exercised by onegovernmental entity may be exercised by one entity on behalfofanother governmental entity if the entitiesenter into a written agreement under Indiana Code § 36-1-7-3.

NOW, THEREFORE, BE IT RESOLVED that the Goshen Common Council approves the terms andconditions of the Interlocal Agreement with Goshen Community Schools for Plymouth AvenueBicycle/Pedestrian Path Modifications attached to and made a part of this resolution.

PASSED by the Goshen Common Council on June 7, 2016.

Attest: Jeremy P. Stutsman, Presiding Officer

Tina M. Bontrager, Clerk-Treasurer

PRESENTED to the Mayor of the City of Goshen on June __, 2016 at a.m.lp.m.

Tina M. Bontrager, Clerk-Treasurer

APPROVED and ADOPTED on June __, 2016.

Jeremy P. Stutsman, Mayor

INTERLOCAL AGREEMENTBETWEEN

CITY OF GOSHEN, INDIANA AND GOSHEN COMMUNITY SCHOOLSFOR PLYMOUTH AVENUE BICYCLEIPEDESTRIAN PATH MODIFICATIONS

THIS AGREEMENT is made and entered into this__day of ,20 t6 between the Cityof Goshen, Indiana, through the Board of Public Works and Safety and the Common Council, hereinafterreferred to as "City'" and Goshen Community Schools, through the Board of School Trustees, hereinafterreferred to as "School".

WHEREAS City and School wish to modify the Plymouth Avenue bicycle/pedestrian path to improve thesafety of the crossing near Goshen Middle School.

WHEREAS pursuant to Indiana Code § 36~ I~7 et seq., a power that may be exercised by one governmentalentity may be exercised by one entity on behalf of another governmental entity if the entities enter into awritten agreement under Indiana Code § 36-1-7-3.

NOW, THEREFORE, City and School stipulate and agree as follows:

PURPOSEIPROJECT

For the purposes ofthis agreement, the term "Project" shall include the design, engineering, construction andfunding for the improvements to the Plymouth Avenue bicycle/pedestrian path extending generally from theintersection of Plymouth Avenue and Indiana Avenue east along Plymouth Avenue as depicted on thedrawing attached as Exhibit A which shall also require the construction ofa storm sewer due to the curb andgutter for the bicycle/pedestrian path. The construction ofthe storm sewer will extend along the south sideof Plymouth Avenue to a City (and State of Indiana) storm water treatment unit that will discharge toSchool's real estate east ofthe Goshen Middle School campus (parcel number 20-11-16-300-006.000-014).

ADMINISTRATION

This agreement shall be administered through a joint board composed of City's Mayor and School'sSuperintendent.

City will serve as the lead agency for the Project and City agrees to be responsible for the overalladministration of the Project, including:

I. Contracting with Abonmarche for the design engineering of the Project and the preparation of theparcel plats and legal descriptions for real estate that may need to be acquired for the Project.

2. Providing all real estate acquisition services needed for the Project.

3. Soliciting and receiving sealed bids for the construction of the Project and awarding a contract tothe lowest responsible and responsive bidder.

4. Obtaining any governmental permits or approvals required to construct the Project.

5. Entering into and administering the contract with the successful bidder.

6. Providing engineering review and construction inspection services.

7. Paying all costs associated with the Project, including:

a. Payments to Abonmarche for the design engineering;b. Payments to property owners for real estate to be acquired; andc. Payments to the successful bidder constructing the project.

8. Maintaining all documents, contracts, notices or other records required to be maintained inconnection with this Project.

9. Providing such other general administrative services as are necessary to complete the Project.

FUNDING

I. School shall provide fifty percent (50%) of the cost of the Project, up to a maximum of TwoHundred Thousand Dollars ($200,000). City shall provide fifty percent (50%) of the cost of theProject, up to Two Hundred Thousand Dollars ($200,000), and any Project costs that exceed TwoHundred Thousand Dollars ($200,000).

a. City will send School an itemized invoice for the School's share of the cost of the Projectto 613 East Purl Street, Goshen, Indiana 46526. School agrees to remit payment to Citywithin forty-five (45) days of receipt of the invoice.

2. City shall provide one hundred percent (100%) ofthe funding for any additional work that is not partof the Project, including the design, engineering, construction and funding for work related to theextension ofsanitary sewer main along the north side ofPlymouth Avenue. School shall not provideany funding for work related to the extension of the sanitary sewer main.

3. The City's Clerk-Treasurer will receive, disburse and account for all monies received and/orexpended in the course of carrying out the obligations as set forth in this agreement.

DURATION

This agreement shall commence upon its execution by the parties and continue until the construction oftheProject is completed or August 1,2017, whichever occurs first, the Project is fully paid for, and the financialaccounting and respective obligations of each pal1y have been carried out in full.

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City is soliciting bids for the construction of the Project in May 2016. Construction on the Project will notcommence before Friday, May 27,2016 and will be completed by August 1,2017.

There is no method for the termination ofthis agreement except for the completion ofthe Project or AugustI, 2017, whichever occurs first.

NON-DISCRIMINATION

Pursuant to Indiana Code § 22-9-1-10, the parties to this agreement each agree not to discriminate againstany employee or applicant for employment, to be employed in the performance of any work under thisagreement, with respect to the hire, tenure, terms, conditions or privileges of employment or any matterdirectly or indirectly related to employment because ofan individual's race, religion, color, sex, disability,national origin, or ancestry. Breach ofthis covenant may be regarded as a material breach ofthis agreement.

EMPLOYMENT ELIGIBILITY VERIFICATION

Pursuant to Indiana Code § 22-5-1.7 et seq., the parties to this agreement each agree to enroll in and verifythe work eligibility status of all newly hired employees of each respective party through the E-Verifyprogram (as defined by Indiana Code § 22-5-1.7-3). However, the parties to this agreement are not requiredto verify the work eligibility status of all newly hired employees of each respective party through theE-Verify program if the E-Verify program no longer exists.

Each party to this agreement shall not knowingly employ or contract with an unauthorized alien, or retainan employee or contract with a person that the respective party subsequently learns is an unauthorized alien.

In addition, City shall require contractors and subcontractors entering into a contract to perform services toaccomplish the Projectto certify that each respective contractoror subcontractor does not knowingly employor contract with an unauthorized alien. City shall also require each respective contractor or subcontractorto enroll in and verify the work eligibility status ofall newly hired employees through the E-Verify program,provided the E-Verify program is still in existence.

REAL ESTATE AND PERSONAL PROPERTY

School agrees to execute all deeds, easements, rights-of-way or other documents that are reasonablynecessary, desirable or appropriate to further the Project.

The Project shall belong to and be owned by City to be operated and maintained by City as pal1 of itsbicycle/pedestrian path system and storm sewer system. Upon the undertaking and completion ofthe Project,School shall have no further debts, duties, liabilities, or obligations to City with regard to the Project, or themaintenance or repair of the same, other than those specifically set forth in this agreement.

SUPPLEMENTAL DOCUMENTS

City and School agree to execute any and all supplementary documents and to take any and all supplementarysteps as are reasonable and appropriate to accomplish the purposes and provisions ofthis agreement.

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NOTICE

Any notice required or permitted under this agreement shall be given to the parties at their respective mailingaddresses provided below by deposit in the United States mail, with proper postage, and which notice shallbe effective three (3) days after the date of mailing:

City:

School:

City of GoshenAttention: Board of Public Works and Safety202 South Fifth StreetGoshen, Indiana 46528

with a copy to:

City of Goshenc/o Legal Department204 East Jefferson Street, Suite 2Goshen, Indiana 46528

Goshen Community SchoolsAttention: Dr. Woodworth, Superintendent613 East Purl StreetGoshen, Indiana 46526-4044

with a copy to:

J. William Davis, Jr.Davis & Roose116 East Clinton StreetGoshen, Indiana 46528

The parties may change their respective mailing addresses by providing written notice of the new addressin accordance with the terms and provisions of this paragraph.

FILING REQUIREMENTS

Within thirty (30) days after the approval and execution of this agreement, City shall have this agreementrecorded and filed with the appropriate governmental offices and agencies as required by Indiana Code.

AMENDMENT

This agreement may be amended only by the mutual written consent of the parties, by the adoption of aresolution approving said amendment as provided by law, and by the execution of an amendment by theparties.

SEVERABILITY

Ifany provision, covenant, agreement or pOl1ion ofthis agreement or its application to any person, entity orproperty is held invalid, such invalidity shall not affect the application or validity of any other provisions,

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covenants, agreements, or portions ofthis agreement, and to that end, any provisions, covenants, agreementsor p011ions of this agreement are declared to be severable.

INDIANA LAW

This agreement shall be governed by and construed in accordance with the laws of the State ofindiana.

BINDING EFFECT

This agreement shall be binding upon and shall inure to the benefit of the parties and their respectivesuccessors and assigns; provided, however, that this agreement may not be assigned without the expresswritten consent ofthe non-assigning party.

ENTIRE AGREEMENT

Except as otherwise expressly provided, this agreement supersedes all prior agreements, negotiations, anddiscussions relative to the subject matter and is a full integration of the agreement of the parties.

COUNTERPARTS

This agreement may be executed in multiple counterparts and with multiple, but separate signature pageswith the multiple counterparts and multiple and separate signature pages constituting one single and unifiedagreement when combined.

IN WITNESS WHEREOF, the parties have duly executed this agreement pursuant to all requisiteauthorizations on the dates as set forth below.

City:

School:

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City of Goshen, Indiana

Jeremy P. Stutsman, Mayor

Goshen Community Schools

By _

Printed _

Title _

By _

Printed _

Title _

STATE OF INDIANA

COUNTY OF ELKHART

)) SS:)

Before me the undersigned, a Notary Public, personally appeared Jeremy P. Stutsman as the Mayor andmember of the Board of Public Works and Safety of the City of Goshen, Indiana, and acknowledged theexecution of the foregoing Interlocal Agreement this day of ,2016.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

County of residence: _

My commission expires: _

Notary Public

Printed: _

STATE OF INDIANA

COUNTY OF ELKHART

)) SS:)

Before me the undersigned, a Notary Public, personally appeared _and as the and

__, respectively, of the Board of School Trustees of GoshenCommunity Schools, and acknowledged the execution of the foregoing Approval oflnterlocal Agreementthis day of ,2016.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.

My Commission Expires: _Notary Public

County of Residence:

6

Printed: ---------------

APPROVAL OF INTERLOCAL AGREEMENT

The Board ofSchool Trustees ofGoshen Community Schools approves the foregoing Interlocal Agreementthis day of ,2016.

By _

Printed-----------------Title ------------------

By _

Printed _

Title _

STATE OF INDIANA

COUNTY OF ELKHART

)) SS:)

Before me the undersigned, a Notary Public, personally appeared _and as the and_____________~, respectively, of the Board of School Trustees of GoshenCommunity Schools, and acknowledged the execution of the foregoing Approval of Interlocal Agreementthis day of , 2016.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.

My Commission Expires: _

County of Residence: _

7

Notary Public

Printed: ---------------

APPROVAL OF INTERLOCAL AGREEMENT

The Goshen Common Council ofthe City ofGoshen, Indiana approves the foregoing Interlocal Agreementthis day of ,2016.

Jeremy P. Stutsman, Presiding Officer

Tina M. Bontrager, Clerk-Treasurer

STATE OF INDIANA

COUNTY OF ELKHART

)) SS:)

Before me the undersigned, a Notary Public in and for said County and State, personally appeared JeremyP. Stutsman, Presiding Officer ofthe Common Council and Tina M. Bontrager, Clerk-Treasurer of the CityofGoshen, Indiana, and acknowledged the execution ofthe foregoing Approval oflnterlocal Agreement this__ day of , 2016.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.

My Commission Expires: _Notary Public

County of Residence: _ Printed:

This instrument was prepared by Larry A. Barkes, Goshen City Attorney, Attorney No. 3568-20, City ofGoshen Legal Department, 204 East Jefferson Street, Suite 2, Goshen, Indiana 46528, (574) 533-9536.

[ affirm, under the penalties for perjury, that [ have taken reasonable care to redact each social securitynumber in this document, unless required by law (Larry A. Barkes).

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EXHIBIT A

RESOLUTION 2016-19

Authorizing the Extension of City Water Utilities and Sewer Utilitiesto Real Estate at 65880 County Road 27, Goshen

WHEREAS Jeffery D. Burt and Cynthia K. Burt, husband and wife, hereinafter referred to as "PropertyOwner", are the owners of real estate at 65880 County Road 27, Goshen; and

WHEREAS Property Owner wishes to obtain City water services and sewer services for this real estate,however, the real estate is located outside the corporate limits of the City of Goshen.

NOW, THEREFORE, BE IT RESOLVED by the Goshen Common Council that authorization is given toextend City water utilities and sewer utilities to the real estate located outside the corporate limits ofthe CityofGoshen at 65880 County Road 27, Goshen as described in the Water and Sewer Agreement with JefferyD. Burt and Cynthia K. Burt, husband and wife, attached to and made a part of this resolution.

PASSED by the Goshen Common Council on June 7,2016.

Jeremy P. Stutsman, Presiding Officer

Attest:

Tina M. Bontrager, Clerk-Treasurer

PRESENTED to the Mayor of the City of Goshen on June __, 2016 at a.m.lp.m.

Tina M. Bontrager, Clerk-Treasurer

APPROVED and ADOPTED on June __,2016.

Jeremy P. Stutsman, Mayor

WATER AND SEWER AGREEMENT

.---"t....

THISAGREEMENTisenteredintothis ') ldayof P\ f .'J.. ,2016,byandbetweentheCityofGoshen, Indiana, a municipal corporation and political subdivision ofthe State of Indiana by the Goshen Boardof Public Works and Safety and as approved by the Goshen Common Council, hereinafter referred to as "City," andJeffery D. Burt and Cynthia K. Burt, husband and wife, hereinafter referred to as "Property Owner."

WHEREAS Property Owner wishes to obtain City water services and sewer services for the real estate described inthis agreement.

WHEREAS City agrees to provide water services and sewer services to the described real estate even though suchreal estate is currently outside the corporate limits of the City of Goshen.

In consideration of the mutual covenants contained in this agreement, the parties now agree as follows:

Authority

This agreement is entered into pursuant to the provisions ofIndiana Code § 36-9-22-2 and Indiana Code § 36-4-3-21.

Subject Real Estate

1. This agreement concerns real estate located east of Dierdorff Road, south of Kercher Road, and north ofCounty Road 40, commonly known as 65880 County Road 27, Goshen, Indiana 46526, and more particularlydescribed as follows:

Lot Number Four (4) in Broadview Section One, as the same is known and designated onthe recorded Plat thereof in Plat Book 17, page 3 ofthe records in the Office ofthe Recorderof Elkhart County, Indiana.

Subject to public rights-of-way and all easements and restrictions of record.

Parcel Number: 20-11-26-377-002.000-014

The real estate is hereinafter referred to as the "subject real estate."

2. The subject real estate is identified on a map attached to this agreement as Exhibit A.

3. Property Owner warrants that they are the owners of the subject real estate.

Extension of Sewer Services

1. City agrees to provide sewer services to the subject real estate upon Property Owner's payment for theextension ofCity's sewer main ifan extension ofthe sewer main is required to service the subject real estate.

2. In add ition, Property Owner agrees to construct at Property Owner's expense a bui Iding sewer Iine to connecteach building proposed to be serviced by City's sewer main. Property Owner also agrees to pay City'sstandard sewer connection fees, inspection fees, and fees for all metering equipment.

3. City's agreement to provide sewer services to the subject real estate is limited to providing sewer servicesto the existing residential dwelling on the subject real estate. The extension of sewer services to anyadditional buildings on the subject real estate or any additional parts ofthe subject real estate is not permittedwithout further written approval from City.

4. Property Owner agrees to construct the building sewer line and connect to City's sewer main at any time afterthe effective date ofthis agreement but no later than one (1) year after the effective date ofannexation ofthesubject real estate into the corporate limits of the City of Goshen.

Extension of Water Services

1. City agrees to provide water services to the subject real estate upon Property Owner's payment for theextension ofCity's water main ifan extension ofthe water main is required to service the subject real estate.

2. In addition, Property Owner agrees to construct at Property Owner's expense a building water Iine to connecteach building proposed to be serviced by City's water main. Property Owner also agrees to pay City'sstandard water connection fees, inspection fees, and fees for all metering equipment.

3. City's agreement to provide water services to the subject real estate is limited to providing water servicesto the existing residential dwelling on the subject real estate. The extension of water services to anyadditional buildings on the subject real estate or any additional parts oftile subject real estate is not permittedwithout further written approval from City.

4. Property Owner agrees to construct the building water line and connect to City's water main at any time afterthe effective date ofthis agreement but no later than one (I) year after the effective date ofannexation ofthesubject real estate into the corporate limits of the City of Goshen.

Charges for Water Services and Sewer Services

Charges for water services and sewer services contemplated by this agreement shall be in accordance with City'swater rate ordinance and sewer rate ordinance. City reserves the right to modify the rates and charges for waterservices and sewer services in accordance with the statutory procedures for the modification ofwater rates and sewerrates. Property Owner will be charged by City like any other similarly situated customer who is located within theCity of Goshen.

Releases and Waivers

Property Owner and any successor in title waives and releases any right to remonstrate against any pending or futureannexation of all or any pOl1ion of the subject real estate. The parties agree that any person who connects to the

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City's water system or sewer system is considered to waive and release any right to remonstrate against theannexation of the real estate accommodated or serviced by the City's water system or sewer system. This waiver isgiven in consideration for the right to connect proposed building water lines and/or building sewer lines to the City'swater mains and sewer mains and to receive City water services and sewer services.

Miscellaneous Provisions

I. City and Property Owner each agree to execute all deeds ofeasements, rights-of-way or other documents thatare reasonably necessary, desirable or appropriate to further the project and to provide for the futuremaintenance of the City's water mains, sewer mains, and appurtenant facilities.

2. City agrees to assist Property Owner in obtaining all easements and rights-of-way necessary for the extensionof the water mains, sewer mains, and appurtenant facilities.

3. All easements and rights-of-way obtained shall be recorded in the Office of the Recorder of Elkhart County,State of Indiana.

4. All provisions, covenants, terms and conditions ofthis agreement apply to and bind the parties and their legalheirs, representatives, successors and assigns.

5. Property Owner agrees that upon the sale ofany portion ofthe subject real estate described in this agreement,Property Owner will advise the purchaser ofthis agreement in writing prior to the sale unless the real estatehas already been annexed into the corporate limits of the City of Goshen.

6. This agreement shall be construed and enforced in accordance with the laws of the State of Indiana. Thevenue for any action brought by either party relating to or arising out of this agreement shall be in ElkhartCounty, State of Indiana.

7. If it becomes necessary for any party to this agreement to institute litigation in order to enforce or construethe terms and provisions of this agreement, the prevailing party shall be entitled to recover its reasonableattorney's fees and costs incurred in such litigation from the non-prevailing party.

8. No remedy conferred upon any party in this agreement is intended to be exclusive of any other remedyprovided or permitted by law, but each remedy shall be cumulative and shall be in addition to any otherremedy given under the terms of this agreement or existing at law or equity. Every power or remedyprovided in this agreement may be exercised concurrently or independently and as often as deemedappropriate.

9. This agreement contains the entire agreement between the parties respecting the matters set forth.

10. This agreement will only be effective after it is approved by the Goshen Common Council and the GoshenBoard of Public Works and Safety.

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IN WITNESS WHEREOF, the parties have executed this agreement as of the dates written below.

City of Goshen, IndianaGoshen Board of Public Works and Safety

Jeremy P. Stutsman, Mayor

Date: _

Property Owner

Date:__5_;3----=---.J/-~~0~ _

STATE OF INDIANA

COUNTY OF ELKHART

)) SS:)

Before me the undersigned, a Notary Public, personally appeared Jeremy P. Stutsman, Mayor ofthe City ofGoshen,Indiana and on behalf of the Goshen Board of Public Works and Safety, and acknowledged the execution of theforegoing instrument.

Witness my hand and Notarial Seal this __ day of ,2016.

My county of residence: Signature: _

My commission expires: Printed: _

STATE OF INDIANA

COUNTY OF ELKHART

)) SS:)

Before me the undersigned, a Notary Public, personally appeared Jeffery D. Burt and Cynthia K. Burt, husband andwife and acknowledged the execution of the foregoing instrument.

Witness my hand and Notarial Seal this 1)-('~""day of,-- • . I

f 'd ;'/ J '/ 'J J .,-My county 0 resl ence: --='-""'--'"',,'-------",,---'-_---=-,,'_'_. _

,r-;' /' r .-, .

M ... -....!·'··I)'ILYcommiSSIon expires: ~) V ,,--:/ -- ,/

Prepared by Larry A. Barkes, Goshen City Attorney, Attorney No. 3568-20, City ofGoshen Legal Department, 204East Jefferson Street, Suite 2, Goshen, Indiana 46528, (574) 533-9536.

I affirm, under the penalties ofperjury, that I have taken reasonable care to redact each social security number in thisdocument, unless required by law (Larry A. Barkes).

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EXHIBIT A

Subject Real Estate

65880 County Road 27, Goshen, Indiana 46526