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Inter Municipal Agreement Between Erie County and Town of Hamburg Project Number: 5763.32 Project Name: Rehabilitation of McKinley Parkway (CR 204) from Quinby Drive to Southwestern Boulevard (US Rte. 20) Location: Town of Hamburg, Erie County, New York This Agreement, dated this _______day of _________________, 2025 by and between the County of Erie, a New York State municipal corporation with its principal office for the transaction of business at 95 Franklin Street, Buffalo, New York 14202 (hereinafter referred to as “County”) and the Town of Hamburg, having its principal office for the transaction of business at 6100 S. Park Avenue, Hamburg, NY 14075 (hereinafter referred to as “Town”). The County and Town may be individually referred to hereafter as a “Party”, or collectively as the “Parties”. WHEREAS, the County is undertaking a project to rehabilitate pavement, make drainage improvements, make shoulder improvements, make pedestrian improvements, and make signal and intersections improvements along McKinley Parkway from Quinby Drive to Southwestern Boulevard (US Rte. 20) (hereinafter referred to as the “Project”); and WHEREAS, the County will construct and fund all intersection and pedestrian improvements along McKinley Parkway in the Project area. The intersection and pedestrian accommodations include signal replacement at the intersection with Bayview Rd/Sowles Rd, signal improvements at the Tops/NAPA Plaza, ADA ramps, and stripped crosswalks (hereinafter collectively referred to as the “Betterment”); and WHEREAS, the Project presents a unique and time limited opportunity to undertake the Betterment; and WHEREAS, the County and Town desire to enter into a cooperative agreement to coordinate and facilitate the Betterment for the benefit of Town and County residents; and WHEREAS, the County agrees to be responsible for the construction cost associated with the Betterment; and WHEREAS, the Town will assume ownership and maintenance responsibilities related to the Betterment after completion of construction; and WHEREAS, the County is managing the construction of the Project; and WHEREAS, the County agrees to include the Betterment as a part of the construction of the Project. NOW, THEREFORE in consideration of the foregoing and of the mutual covenants and promises contained herein, the receipt and sufficiency of which the Parties mutually acknowledge, the Parties agree as follows: Article 1 Betterment Description: The Betterment shall include the following: 52