Resolutions-2008-07

IDOT and Deer View Estates before this Agreement by the School District and Tiffin becomes effective. Tiffin may waive participation by Deer View Estates at its discretion. (j) Timeliness. Tiffin will meet all IDOT timelines and contracts starting with a April 15, 2008 scheduling submission, and Tiffin will coordinate construction to allow for substantial completion on or before August 1, 2009. 5. Ireland Avenue Project (a) Property Conveyance and Lease. The School District will convey to Tiffin in fee simple land on the eastern property boundary of the school campus as identified on the attached Appendix B for purposes of the Ireland Avenue Project. The School District will convey the property to Tiffin within 120 days of the date of final approval of this Agreement. Tiffin will not begin construction on the Ireland Avenue Project until after the Highway 6 Project is completed. Tiffin will lease the property acquired back to the School District for One Dollar annually until such time that Tiffin begins construction on the Ireland Avenue Project. Tiffin will give reasonable advance notice to the School District of its intention to begin construction. During the lease term, the School District will exercise control over the property, including maintenance and insurance. (b) Unused Property. Upon completion of the Ireland Avenue Project, Tiffin will convey land not used in the Ireland Avenue Project back to the School District that is located along Highway 6 on the southwest corner of the new intersection with Roberts Ferry Road. (c) Tiffin Responsibility. Tiffin will be solely responsible for designing, managing, funding, and all other aspects of the Ireland Avenue Project. The School District's sole responsibility with respect to the Ireland Avenue Project is to convey the land suitable for a right-of-way as set forth in Section 5(a). (d) Tiffin Funding. Tiffin will design and fund the Ireland Avenue Extension Project. The School District will make no monetary contribution to the Project. The District will cooperate with the City to facilitate joint use projects, such as currently exhibited by the shared Library, including the use of meeting rooms, recreational and fitness facilities, and other similar undertakings. (e) Project Design. In designing and building the Ireland Avenue Project, Tiffin will conform the following requirements: 1. Provide access to the school at the Third Street entrance at no additional cost to the School District; 2. Maintain the existing dimensions of the baseball diamond on School District property; 3. Provide sufficient safety buffers in the street design bordering School District property. 6. General (a) Modifications to the Agreement. No waiver, change, modification, or amendment of this Agreement will bind either party unless in writing and signed by the affected party. The waiver of either party hereto of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach of that provision by the same party or of any other provision or condition in this Agreement.