MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF WEBSTER AND THE VILLAGE OF WEBSTER TO FACILITATE THE IMPLEMENTATION OF THE ECONOMIC ACCESS PROJECT TO INCLUDE A CROSS- JURISDICTIONAL PROJECT AND DISBURSEMENTS OF THE EMPIRE STATE DEVELOPMENT REGIONAL ECONOMIC DEVELOPMENT COUNCIL (ROUND IX FUNDING RELATED TO CERTAIN IMPROVEMENTS WITHIN THE XEROX CAMPUS AND THE EXTENSION OF THE BOULTER INDUSTRIAL PARKWAY
WHEREAS, the Town of Webster (TOWN), the Village of Webster (VILLAGE), and Xerox executed a Memorandum of Understanding (MOU) on the 11" of July, 2019, in
which each party pledged to work towards revitalizing certain vacant and underutilized portions
of the Xerox Campus; and
WHEREAS, the July 11, 2019 MOU, contemplated and included agreement to cooperate to secure funding and to facilitate the rehabilitation of roadways, related infrastructure,
and certain improvements as needed; and
WHEREAS, this Memorandum of Understanding further details the agreement and responsibilities of the Town and Village of Webster, together and individually as it relates to
the implementation of this long contemplated and discussed effort; and
WHEREAS, the VILLAGE is the recipient of a grant of $1,838,000 from Empire State Development’s (ESD) Regional Economic Development initiative Round IX to rehabilitate and modernize the primary roads within the Xerox Campus to improve access to and through the
campus resulting in the dedication of the roads to the Village; and
WHEREAS, the VILLAGE and TOWN agree that the best way to perform the essential functions and intent of the grant, to “rehabilitate and modernize the primary roads within the Xerox Campus to improve access to and through the park”, is the implementation of a
cross jurisdictional project; and
WHEREAS, the VILLAGE intends to utilize the funding to make certain roadway
and pedestrian improvements within the Xerox Campus; and
WHEREAS, the TOWN intendeds to utilize the funding to extend Boulter
Industrial Parkway across a portion of, and to improve access to, the Xerox Campus; and
WHEREAS, the VILLAGE and TOWN agree that the implementation of the projects and the disbursements of the ESD funding would best be served by one municipality
acting as lead agency and the other as sub-recipient; and
WHEREAS, it is the desire of both the VILLAGE and the TOWN that the
VILLAGE act as Lead Agency in all matters related to the project and ESD funding; and
WHEREAS, a cross jurisdictional project requires that an agreement specifying the disbursement of grant funds by and between the lead agency and sub-recipients shall be
made.
NOW, THEREFORE, the TOWN and the VILLAGE agree that the following shall govern the implementation of the cross-jurisdictional Economic Access Project and the funding related to
the Regional Economic Development initiative from Empire State Development.
1, The Village shall apply to Empire State Development to amend its grant to
include the extension of Boulter Industrial Parkway and to require a fifty percent (50%) local match.
2. The costs incurred for the planning, engineering, construction, and implementation of the Projects shall be borne by the municipality in which the benefited parcel is
located.
3. Each municipality will be responsible for obtaining all necessary determinations under the State Environmental Quality Review Act (SEQRA) as it relates to the
portions of the project within its jurisdiction.
4. The VILLAGE and TOWN pledge to work together and timely provide to each other and/or their representatives working on behalf of the project; information, data,
approvals, documentation and payments for each aspect of the project.
5. The total of the funding is $1,838,000, therefore it is agreed that that sum be disbursed in the following manner. As set forth on the attached preliminary table marked Exhibit A, the Village shall receive a total of $1,169,000 and the Town shall receive $669,000. The amount disbursed to the Town may increase or decrease depending on the amount of the actual construction costs and soft costs incurred for improving Orchard Street, Panama Road,
and Mitcheldean Drive by the Village.
i) The VILLAGE shall act as !ead agency and execute contracts necessary to secure the
funding awarded.
ii) The TOWN as subrecipient, shall provide to the VILLAGE, documentation necessary to apply for and receive reimbursement in accordance within the requirements of the
funding contract.
iii) The VILLAGE, in receipt of the funding, shall reimburse the TOWN in conformance with the schedule of disbursements within Exhibit A, attached hereto and made part
of this agreement.
6. Unless modified and agreed by each party, the above costs will be paid as
set forth above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
a , date fast written febu 4
TOWN OF WEBSTER VILLAGE OF WEBSTER
_ By omen Les A 3-28-2244 Thomas J. Flaherty, Supervisor JerryTppolito, Deputy Mayor
By