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HomeMy WebLinkAboutMEIJER f� MEMORANDUM OF UNDERSTANDING BETWEEN CLARK COUNTY ASSESSOR'S OFFICE AND CITY OF JEFFERSONVILLE, INDIANA 1. Parties. This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered into by and between the Clark County Assessor's office and the City of Jeffersonville, Indiana. 2. Purpose. The purpose of this MOU is to establish who will bear the responsibility for litigation expenses incurred in the case of Meijer, Inc. v. Clark County Assessor (hereinafter referred to as "Meijer Appeal") currently set for hearing November 14 through 18, 2016 before the Indiana Board of Tax Review ("IBTR"). 3. Term of MOU. This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this MOU and the governing bodies of the parties' respective counties or municipalities and shall remain in full force and effect until the Meijer Appeal has been fully litigated including any appeals from the IBTR to the Indiana Tax Court, and/or the Indiana Supreme Court. 4. Responsibilities of the Clark County Assessor. Attorneys for the Clark County Assessor's office will handle all litigation, including depositions, hearings, and further appeal of any determinations of the Meijer Appeal pursuant to the contract between the County and the attorneys. City of Jeffersonville is not responsible for paying any hourly rate for attorney services of the attorneys representing the Clark County Assessor in the Meijer Appeal. 5. Responsibilities of City of Jeffersonville. The City of Jeffersonville will pay for any costs and expenses associated with the hearing and litigation of the Meijer Appeal including, but not limited to: the taking of depositions of expert witnesses, transcripts of the depositions, the cost of a court reporter for depositions and the hearing of the Meijer Appeal, any and all reasonable travel expenses incurred for the depositions and hearing by the Clark County Assessor's attorneys, compilation of the certified administrative record after the hearing, the costs of opposing expert witness time for any deposition, all costs and expenses of the Clark County Assessor's expert witnesses as detailed in the engagement letters previously signed by the City of Jeffersonville, and any other reasonable costs associated with the litigation of the Meijer Appeal. These expenses may include items already incurred, but not yet invoiced associated with the transcripts of previously conducted depositions. Any invoices for the expenses to be paid by the City of Jeffersonville will be addressed to or forwarded from the Assessor's Attorneys to the City P~ of Jeffersonville, Mayor Mike Moore, City Hall, Suite 250, 500 Quartermaster Court, Jeffersonville, IN 47130 6. General Provisions A. Amendments. Either party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all parties to this MOU. B. Applicable Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of Indiana. The courts of the State of Indiana shall have jurisdiction over any action arising out of this MOU and over the parties. C. Entirety of Agreement. This MOU, consisting of 3 pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. D. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. E. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties to this MOU intend and expressly agree that only parties signatory to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU. INTENTIONALLY LEFT BLANK TO BOTTOM OF PAGE 7. Signatures. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. CLARK COUNTY ASSESSOR'S OFFICE Vicky Kent Haire Date CITY OF JEFFERSONVILLE [Name and T' Date [Name and Ti le] Date /,q —/;�