MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding entered into on the date set out herein, by and between Noblesville Schools (“the School”) and the City of Noblesville (“the City”).
WHEREAS, the School is the owner of a parcel of real estate containing approximately fifteen (15) acres at 470 Lakeview Drive, which is presently used as the Forest Hill Elementary School (“the Forest Hill Property”); and,
WHEREAS, the City desires to acquire the Forest Hill Property; and,
WHEREAS, in order to reduce the cost of past and future projects, the School, as partial compensation for the Forest Hill Property, seeks waivers of certain outstanding fees and charges of the City; and,
WHEREAS, Indiana Code 36-1-11-18, permits governmental entities to dispose of, or exchange property under such terms as are mutually agreeable to the entities.
IT IS THEREBY AGREED by and between the School and the City as follows:
1. The School agrees to convey the Forest Hill Property to the City upon payment of the amount set out in Section 6 below, as well as providing written waivers, set out in Sections 3 through 5 below. The closing shall occur on or about the 1st day of August, 2011.
2. The City shall take possession of the Forest Hill Property at closing.
3. The City acknowledges that the School is in the process of designing a new elementary school (“the School Project”) to be located north of 146th Street on the west side of Promise Road, on land owned by the School. The City agrees the School shall not be required to construct any improvements to Promise Road as part of, or a condition of, the School Project, other than the acceleration and deceleration lanes which shall be
constructed to City standards. In the event that the City is able to improve any portion of Promise Road at or about the same time as the School Project, the parties agree to communicate, cooperate, and coordinate such road improvement activities for the benefit of the taxpayers of the City and the School district.
4. The City agrees to waive and/or pay any and all current and future City fees for any school related use on the property presently owned by the School along the west side of Promise Road. These fees include, but are not limited to, impact fees, improvement location permit fees, inspection fees, sewer tap-on and availability fees related to the use of the property. This waiver only applies to fees which are charged or imposed by the City. It is the intent and understanding of the parties that this waiver of fees by the City is comprehensive and that there are no fees of any kind that will be due from the School to the City as a result of the construction of the new school on Promise Road.
5. The City agrees to waive all outstanding tap-on and availability charges, as well as any other outstanding fees resulting from the School’s prior construction of the Noblesville Intermediate School project on Hague Road.
6. The City agrees to pay the School the amount of Two Hundred Seventy-five Thousand Dollars ($275,000) in cash at closing, which may be payable from such funds as the City deems just and reasonable.
7. The parties agree to undertake all formal actions to pass such resolutions, ordinances, and other procedures necessary to carry out the terms and conditions of this Memorandum. The parties further agree that there are no implicit agreements arising out of this MOU that would alter or expand any right that the School or the City may have with respect to the use, occupancy, programming or other interference with the rights and duties associated with the ownership of any real property of the respective municipal corporations one to the other. Such rights, if any, shall arise only in the event of an explicit agreement.