- legal
- economics
- infrastructure
The Roadwork Development Agreement (RDA) is the contract under which the data-center developer agrees to fund the public road work around the campus — four roundabouts and two corridor rebuilds — while the County and Port Authority take those roads into public maintenance in perpetuity. Allen County Resolution #588-25 adopted it, effective 2025-09-15.
Its headline is a private gift: a "Company Contribution" of $14,500,000, set against the Tetra Tech Opinion of Probable Cost of $14,223,081. Three clauses complicate the word private, each read from the executed agreement:
- §5.5 (the "Overpayment Amount") lets public grant awards — State 629 and ODOD Jobs & Commerce grants — backfill and refund the contribution to the Company; see the grant-refund clause.
- §9.13 requires the Authority to give the Company at least five business days' notice before releasing the agreement in response to a records request.
- §9.17 exempts the Company from any competitive procurement for the work.
The RDA is one of the instruments examined in the records-withholding analysis (public-records-mandamus), where §9.13 sits alongside the NDA and CRA as a developer-notice clause. What the clauses say is read from the document; the characterization of the layers as a designed system is argument, labelled as such.