HomeMy WebLinkAbout235473 07/30/14 l ,C�gMf
CITY OF CARMEL, INDIANA VENDOR: 368505
I• ONE CIVIC SQUARE PERSONAL INVESTMENTS LLC CHECK AMOUNT: $****44,645.00*
CARMEL, INDIANA 46032 C/O PLATINUM PROP MGT CO LLC CHECK NUMBER: 235473
9757 WESTPOINT DR SUITE 600 CHECK DATE: 07/30/14
INDIANAPOLIS IN 46256
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 44,645.00 OTHER EXPENSES
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Platinum � Properties
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July 8, 2094 '
John Duffy
Utilities Manager
City of Carmelr'
30 W. Main Street,2nd Floor G
Carmel, IN 46032
RE: Water Reimbursement Agreement Between the City of Carmel and Falcon Nest II, LLC
River Road shops-Water Main Extension
Draw Request
Dear John:
Please accept this draw request related to the above referenced water main reimbursement agreement.We
are requesting a draw in the full amount of the agreement, $44,645.00. Please remit payment to: Personal
Investments, LLC and mail it in care of Platinum Properties Management Co,LLC to the address listed below.
Following this draw request,the balance remaining under the agreement will be as follows:
Total Agreement Amount: $44,645.00 .
Draw Request: $44,645.008
Balance to Pay: $0.00
For you reference, I have attached to this request a copy of the agreement and a copy of the draw request
from the contractor. -
Please feel free to contact me 397-590 8897 with any questions you may have or if you a
will need additional information,
Sincerely, 4'
Timothy J. Walter,RE,
Senior Project Manager a
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Encl: (2)
Cc: File, -: -
317 818-2900 ♦ 317 863-2055 fax
9757 Westpoint Drive, Suite 600 ♦ Indianapolis, IN 46256 �T
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WA ER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL,
INDIANA AND FALCON NEST H,LLC.
This Agreement is entered into by and between the City of Carmel, Indiana by and
through its Board of Public W rks and Safety(hereinafter"City") and Fa7on
Nest II, LLC
(hereinafter"FNII") on this day of 6-e-1 20 /L .
WITNESSETH:
WHEREAS,the city has duly adopted and enacted City Code Chapter 9,Division II,
Sections 9-25 through 9-44 (collectively,the"Ordinance")that provides in part for the
reimbursement from the"Water Availability—Mains Fund"of private funds expended to
extend and oversize the water distribution system, as well as the method of reimbursement;
and
WHEREAS,FNII desires to extend a portion of the water distribution system for
River Road Shops-Water Main Extension (the"Development") as follows:
A. Construction Materials—SEE ATTACHED EXHIBIT"A"
As per certified Construction Drawings from Crossroad Engineers,PC
entitled"River Road Shops—Water Main Extension"on file at the Carmel
Water Distribution Office(the"Water Extension")
WHEREAS, FNII desires to receive refunding of reimbursable monies expended on
the Water Extension, pursuant to the Ordinance.
NOW THEREFORE,the parties agree as follows:
A. The foregoing recitals are hereby incorporated herein and made part thereof.
B. This written agreement is entered into subsequent to the completion of
construction of the Water Extension.
C. FNII shall advance the sum of$ 125.290.00 to or on behalf of the City to
pay for the Water Extension, the description of which is as follows: Water
Main Extension beginning approximately 1,100' west of River Road along
146th Street and ending approximately 800' south of 146th street along River
Road as described on the plans listed above.
D. The City has determined that the above expenditure is necessary to provide
water to current and future developments and to meet the requirements of the
City.
E. The City and FNII agree that FNII shall be entitled to reimbursement of the
sum of$ 44.645.00 pursuant to and in accordance with the terms of the
Ordinance, such monies to be paid solely from the "Water Availability—
Mains Fund" established by acreage availability charges assessed by the
Ordinance.
F. The City's sole obligation hereunder shall be to repay the above sum or such
portion of the above sum as may be available for payment from monies
deposited in the"Water Availability—Mains Fund"only, in accordance with
the payment provisions set forth in the Ordinance, and the City does not incur
any liability whatsoever for the repayment of same other than to make such
payments as are properly available under the Ordinance from monies
deposited in the"Water Availability—Mains Fund".
G. Subject to the terms of the Ordinance and this Agreement, payments from the
"Water Availability—Mains Fund"to FNII towards the satisfaction of the
sum set forth above shall be made on a quarterly basis. Such payments to
FNII shall be prior to any other payments from the"Water Availability—
Mains Fund"to any other persons pursuant to similar agreements entered
into subsequent to the date of this Agreement.
H. The City does not guarantee FNII the advanced funds referenced herein will
be fully reimbursed.
I. FNII agrees to comply with all present and future federal, state and local
laws, executive orders, rules, regulations, codes and ordinances which are
applicable to FNII's performance of its obligations under this Agreement,
and all relevant provisions thereof are incorporated herein by this reference.
FNII agrees to indemnify and hold harmless City from any all losses,
damages costs, attorney fees and/or liabilities resulting from any violation by
FNII and/or its employees of such law, order,rule, regulation, code or
ordinance. This indemnification obligation shall survive the termination of
this Agreement.
J. This Agreement shall be governed by and construed in accordance with the
laws of the State of Indiana, except for its conflict of laws provision, as well
as by all City ordinances and codes. The parties further agree that, in the
event a lawsuit is filed hereunder, they agree to file such lawsuit in an
appropriate court in Hamilton County, Indiana only, and agree that such
court is the appropriate venue for and has jurisdiction over same.
K. FNII shall indemnify and hold harmless City and its officers, officials,
employees, agents, and assigns from any and all losses, liabilities, claims,
judgments and liens including, but not limited to, all damages, costs,
expenses and attorney fees arising out of any intentional or negligent act or
omission of FNII and/or any of its employees and, except for intentional
misconduct of its agents, outside sources, contractors or subcontractors, in
the performance of the Water Extension and/or this Agreement. This
indemnification obligation shall survive the termination of the Agreement.
L. FNII represents and warrants that it and each of its employees agents,
contractors, subcontractors, and outside sources shall comply with all
existing and future laws of the United States, the State of Indiana and city,
prohibiting discrimination against any employee, applicant for employment
and/or other person in the subcontracting for work and/or in the performance
of any work on the Water Extension as contemplated by this Agreement with
respect to hire,tenure, terms, conditions or privileges of employment or any
matter directly or indirectly related to employment, subcontracting or work
performance hereunder because of race,religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran
status. The City reserves the right to collect a penalty as provided in IC 5-16-
16-1 for any person so discriminated against. This indemnification obligation
shall survive the termination of the Agreement.
M. FNII shall not cause or permit the filing of any lien on any of City's property.
In the event such a lien is filed of record and FNII fails to remove it within
thirty(30)days after the date of filing thereof,by payment or bonding,the
City shall have the right to pay such lien or obtain such bond, all at FNII's
sole cost and expense.FNII shall indemnify and hold harmless the City from
any all such liabilities, losses, claims, costs, attorney fees, expenses and/or
damages incurred by the City in connection with any such lien or the removal
thereof. This indemnification obligation shall survive the termination of this
Agreement.
N. If any provision or portion of this Agreement is held to be invalid, illegal or
unenforceable by a court of competent jurisdiction,that provision or portion
thereof shall be stricken, and all other provisions of this Agreement which.
can operate independently of such stricken provision shall continue in full
force and effect.
O. The terms, conditions and obligations of this Agreement shall be binding on
the City and FNII, and their respective officers, officials, agents,partners,
successors and assigns.
P. This Agreement contains the entire agreement of and between the parties
hereto with respect to the subject matter hereof, and no prior agreement,
understanding or representation pertaining to such subject matter,written or
oral, shall be effective for any purpose.No provision of this Agreement may
be amended, added to or subtracted from except by an agreement in writing
signed by both parties hereto and/or their respective successors in interest.
Q. Each parry hereto represents and warrants that it is authorized to enter into
this Agreement and that any person or entity executing This Agreement on
behalf of such party has the authority to bind such party or the party which
they represent, as the case may be.
it
IN WITNESS WHEREOF,the parties have executed this Agreement on the date
first above written.
FALCON NEST II, LLC CITY OF CARMEL, INDIANA
By and through its Board of Public Works
And Safety
BY: BY:
C--`LX z�
/J
Authorized Signature Aayor James Brainard
a Date:
aid Z
Printed Name
Member
4
Title Date: S
Date:
Member
Date:
ATTEST: Sandra ALJ0M !
iana Cordray, IA e,
Clerk Treasurer
Date: 5��16
ti
EXHIBIT"A"
RIVER ROAD SHOPS—WATER MAIN EXTENSION
WATER MAIN EXTENSION ALONG 146TH STREET AND RIVER ROAD
WATER MAINS (PER PLAN)
Depth Quantity Unit Cost Total Cost
LF
12"Main 1,310 $56.00 $73,360.00
12"Poly(Direct bury) 510 $50.00 $25,500.00
EA
12"Gate Valve 4 $2,450.00 $9,800.00
12"Blow-off 1 $1,200.00 $1,200.00
EA
Fire Hydrants 3 $4,700.00 $14,100.00
TON
Granular Backfill 1 140 1 $9.50 $1,330.00
`;TOTAL ,_xu >> $125,290.00
WATER MAINS (NO OVERSIZING)
Depth Quantity Unit Cost Total Cost
LF
8" Main 1,310 $29.00 $37,990.00
8"Poly(Direct bury) 510 $45.00 $22,950.00
EA
8"Gate Valve 4 $1,100.00 $4,400.00
8"Blow-off 1 $850.00 $850.00
EA
Fire Hydrants 3 $4,375.00 $13,125.00
TON
Granular Backfill 140 $9.50 $1,330.00
;TOTAL >> $80,645.00
r
SUM OF OVERSIZING REIMBURSEMENT $44,645.00
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
I
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,personally appeared James
Brainard, Mary Ann Burke, axe Bmtfttsan,by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and iana4,-C gjU, Clerk-Treasure of the City of
Carmel,who acknowledged the execution of the foregoing "Agreement" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this _ ay of ,` , 2014.
NOTARY P�U/BLIC'
My Commission Expires: Printed Name
My County of Residence:, 9 f.C7d4/
Date: 0/2/ /
VOUCHER # 141281 WARRANT # ALLOWED
T0667 IN SUM OF $
PERSONAL INVESTMENTS LLC
C/O PLATINUM PROPERTIES MGMT C
9757 WESTPOINT DR STE 600
INDIANAPOLIS, IN 46256
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
072814 06-1052-1844,645.00
$
Availability
lx,�-
Poucher Total $44,645.00
i
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T0667
PERSONAL INVESTMENTS LLC Purchase Order No.
C/O PLATINUM PROPERTIES MGMT CO LLC Terms
9757 WESTPOINT DR STE 600 Due Date 7/25/2014
INDIANAPOLIS, IN 46256
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
7/25/2014 072814 $44,645.00
I hereby certify that the attached invoice(s), or bill(s) is (are)true and
correct and I have audited same in accordance with IC 5-11-10-1.6
Date Officer
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