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HomeMy WebLinkAboutRoad Work Agreement - Brookshire Pinese 4 AGREEMENT WITH RESPECT TO ROAD WORK TI -IIS AGREEMENT executed as of the ;,?of day of 1978 by and among Lumber Mart, Inc., an Indiana Corporati�> '("Lumber"), the CITY OF CARMEL, INDIANA, acting by and through its Board of Public Works (City) and the HAMILTON COUNTY BOARD OF COMMISSIONERS (The Commissioners) , WITNESSETI-I: WHEREAS, Lumber -is the legal or,equitable owner of the.real estate in Hamilton County, Indiana, described.in Exhibit A hereto (The Real Estate); and WHEREAS, Lumber desires to develop the Real Estate as a residential subdivision and, in 'connection therewith, has petitioned to have the Real Estate annexed to the City of Carmel; and WHEREAS, the Real Estate is bounded on the east by Gray Road, on the south by 126th Street and the north by 131st Street ("Road") which is part of the county highway system maintained by the Commissioners; and WHEREAS, Lumber, the City and the Commissioners desire to provide for the improvement of the Road and the Street in connection with the development of the Real Estate, NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained Lumber Mart, Inc., the City and the Commissioners agree as follows: 1. The Road. (a) Lumber shall, on or before the earlier of (i) the date it commences development of residential lots abutting the Road or (ii) December 31, 1980 (The Commencement Date), pay the cost of or cause to be accomplished the (A) widening of the west half of the Road to accommodate twelve (12') of pavement and a six (6) foot shoulder, (B) forming the requisite drainage ditches on the west side of the Road and grading the area abutting the west side of the Road to finished grade, and (C) scarifying the west half of the Road, (b) _ Lumber shall, on or before the earlier of (i) the date it completes development of that portion of the Real Estate that abuts the Road or (ii) December 31, 1982 (the Completion Date), pay the cost of or cause to be accomplished the installa- tion of a one inch (1") top coat of asphalt upon the westerly twelve feet (12') of the Road, (c) The Commissioners shall, on or before the Commencemen Date,•pay the cost of or cause to be accomplished the (A) widening of the east half of the Road to accommodate twelve feet (12') of pavement and a six (6) foot shoulder, (B) forming the requisite drainage ditches on the east side of the Road and grading the area abutting the east side of the Road to finished grade, (C) scarifying the east half of the Road, and (D) installing' three inches (3") of asphaltic and one (1") inch top pavement on the entire twenty-four feet (24') pa (d) All work required Commissioners pursuant to this A accordance with'the specificatio County secondary roads in effect (e) At such time as L completed all work on the Road r City shall accept the Road for m 2. !Miscellaneous. (a) All references in onlyT.to'such portions thereof as (b) This Agreement shal shall be binding upon the success hereto. IN IVITNESS WHEREOF, this'Agr the date first above written. HAMILTON • 'ement area of the Road. to be done by Lumber and the ;regiment shall be done in is for construction of Hamilton on the date of thisAgreement, imber and the Commissioners have !quired by this Agreement, the Lintenance by the City. this Agreement to the Road is abut the Real Estate. 1 ihure to the benefit of and ors and assigns of the parties eemeht has been executed as to LUMBER MART, INC. Miert . Hug e / ' Vice -President "Lumber" COU BOARD c : 1 IONERS a. to / '/ ommissi.-er arta. 41 de ommissioner IIIP e.6.44 Commissioner "Commissioner" THE CITY OF CARMEL, INDIANA, acting through its Board of Public Works • Mayor • City Attorn:y n 4.114 City Engine: r OFFICE OF THE CITY ENGINEER CITY OF CARMEL Mr. Al Hughey Lumbermart, Inc. 522 S. Rangeline.Road Carmel, In 46032' Dear Al: ALBERT B, PICKETT, Mayor December 18, 1978 130 1st AVENUE S.W. CARMEL, INDIANA 46032 FRED HOHL CITV ENGINEER Enclosed is the proposed agreement for Road improvements on Gray Road contiguous to Brookshire Lakes subdivision. (I don't believe you have received one previously). If this agreement is acceptable, please sign all three copies and transmit to Hamilton County for signature. They in turn should sign all three and transmit to Carmel for signature. FH/dlc Very truly yours, Fred Hohl City Engineer Q; C S 6 5 CAvea �l7--0 AGREEMENT WITH RESPECT TO ROAD WORK THIS AGREEMENT executed as of the day of .1978 by and among Lumber Mart, Inc., an.Indiana Corporation, ("Lumber"), ,the CITY OF CARMEL, INDIANA, acting by and through its Board of Public Works (City) and the HAMILTON COUNTY BOARD OF COMMISSIONERS (The Commissioners), WITNESSETH: WHEREAS, Lumber is the legal or equitable owner of the real estate in Hamilton County, Indiana, described in Exhibit A hereto (The Real Estate; and known as Brookshire. Lakes subdivision; and WHEREAS,•Lumber desires to develop the Real Estate as a residential subdivision and, in connection therewith, has petitioned to have the Real Estate annexed to the City of Carmel; and WHEREAS, the Real Estate is bounded to the west by Gray road, ("Road') which is part of the county highway system maintained by the Commissioners; and WHEREAS, Lumber, the City and the Commissioners desire to provide for the improvement of the Road in connection with the development of the Real Estate, NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained Lumber Mart, Inc., the City and the Commissioners agree as follows: 1. THE ROAD. (a) Lumber shall, on or before the earlier of (i) the date it commences development. of residential lots abutting the Road ofi(ii) December 31, 1980 (The Commencement Date), pay the cost of or cause to be accomplished the (A) widening of the east half of the road to accommodate twelve (12') of pavement and a six (6) foot shoulder, (B) forming the requisite drainage ditches on the west side of the Road and grading the area abutting the east side of the Road to finished grade, and (C) scarifying the east half of the Road, (b) Lumber shall, on or before the earlier of (i) the date it completes development of that portion of the Real Estate that abuts the Road or (ii) December 31, 1982 (the Completion Date), pay the cost of or cause to be accomplished the installa- tion of a one inch (1") top coat of asphalt upon the easterly twelve feet (12') of the Road, (c) The Commissioners shall, on or before the Commencement Date, pay the cost of or cause to be accomplished the (A) widening of the west half of the Road to accommodate twelve feet (12') of pavement and a six (6) foot shoulder, (B) forming the requisite drainage ditches on the west side of the Road and grading the area abutting the west side of the road to finished grade, (C) scarifying the west half of the Road, and (D) installing three _rches (3") of asphaltic binder pavement on the entire (24') pavement, and one (1") inch top pavement on the westerly twelve (12') of pavement area of the Road. • (d) All work required to be done by Lumber and the Commissioners pursuant to this Agreement shall be done in accordance with the specifications for construction of Hamilton County secondary roads, in effect on the date of this Agreement, (e) At such time as Lumber and the Commissioners have completed all work on the Road required by this Agreement, the City shall accept the Road for maintenance by the City. 2. Miscellaneous. (a) All references in this Agreement to the Road is only to such portions thereof as abut the Real Estate. (b) This Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, this.Agreement has been executed as to the date first above written. LUMBER MART, INC. Albert L. Hughey Vice -President "Lumber" HAMILTON COUNTY BOARD OF COMMISSIONERS Commissioner Commissioner Commissioner "Commissioner" THE CITY OF CARMEL, INDIANA acting through its Board of Public Works Mayor City Attorney City Engineer EXHIBIT A Part of the Northwest 'Quarter of Section 28, Township 18 North Range 4 East in Hamilton County, Indiana, more particularly ;