MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF WEBSTER AND THE VILLAGE OF WEBSTER TO FACILITATE THE IMPLEMENTATION OF AN ECONOMIC ACCESS PROJECT TO INCLUDE CROSS-JURISDICTIONAL PROJECTS AND FUNDING GRANT DISBURSEMENTS RELATED TO CERTAIN IMPROVEMENTS UPON MITCHELDEAN DRIVE AND THE EXTENSION OF 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 parts of the Xerox Campus; and
WHEREAS, the July 11,2019 MOU, contemplated and included an 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, both the Town of Webster (Town) and the Village of Webster (Village) are jointly applying to the Federal Department of Housing and Urban Development for a $3,500,000 (FY25) grant to rehabilitate Mitcheldean Drive, which ts presently a private road owned by Xerox Corporation which, following its improvement, will be dedicated to the Village and to extend Boulter Industrial Parkway to Salt Road and Chiyeda Drive to Webster Road which extensions are wholly located within the Town and will be dedicated to the Town of
Webster; and
WHEREAS, the Town of Webster and Village of Webster, agree that, if the federal funding is received, the implementation of the projects and the disbursement of the federal funding would best be served by one municipality acting as lead agency for the grant and
the other as sub-recipient; and
WHEREAS, it is the desire of both the Town of Webster and the Village of Webster that the Town of Webster act as Lead Agency in all matters related to the projects’
funding; and
WHEREAS, the Town of Webster intendeds to utilize the funding to extend
Boulter Industrial Parkway; and
WHEREAS, the Village of Webster intends to utilize the funding to make certain
roadway and pedestrian improvements within the future Mitcheldean Drive Right-of-Way; and
WHEREAS, should the Town of Webster, as lead agency, be granted the Economic Development Access funding requested, an agreement specifying the disbursement of
those funds by and between the lead agency and sub-recipients is required, and
WHEREAS, the tota! amount of the Economic Development Access funding request is $3,500,000 and each party desires an agreement that will detail how those funds will
be shared and utilized.
NOW, THEREFORE, the Town and Village agree that the following shail govern the implementation of the cross-jurisdictional Economic Development Access Project and the funding related
to the Economic Development Initiatives Federal Funding.
rw
1. The costs incurred for the planning, engineering, construction and implementation of the Projects shall be borne by the municipality in which their specific project
is located.
2. Each municipality will be responsible for obtaining all necessary determinations under the State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA) as it relates to the portions of the project within its
jurisdiction.
3. The Town and Village pledge to work together and timely provide to each other and/or their representatives working on behalf of the Projects, information, data, approvals,
documentation, and payments for each aspect of the Projects.
4, The Town shall act as lead agency and execute contracts necessary to secure the funding awarded. The Village as sub-recipient, shall provide to the Town documentation necessary to apply for and receive reimbursement in accordance with the
requirements of the funding contract.
5. It is it is the intent of the Town and the Village that in disbursing the grant awarded pursuant to this agreement and the grants previously received by the Village for improvements to Mitcheldean Drive, Orchard Street, and Panama Drive that the Village receive
a total of $2,338,000 which is equal to the total grants already awarded to the Village.
6. For purposes of illustration, attached as Exhibit A is a preliminary table that shows how the grant money will be disbursed between the Town and the Village assuming
that the Town receives the full $3,500,000 grant request. The Village shall receive a total of
we
$669,000 and the Town shall receive $2,831,000. The amount disbursed to the Town may increase or decrease depending on the amount of the HUD FY25 grant that is awarded and the actual construction costs for improving Orchard Street and Panama Road, and Mitcheldean Drive
by the Village but in no event shall the Village receive less than $669,000.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date aurilien belowe)
TOWN OF WEBSTER VILLAGE OF WEBSTER
By ~29- 2024 Thomas J. Flaherty, Supervisor Je ppolito, Jr., Deputy Mayor
By