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Home My WebLink About249092 08/27/15 C,q CITY OF CARMEL, INDIANA VENDOR: 369800 ® ONE CIVIC SQUARE 4148 96TH ST LLC CHECK AMOUNT: $****38,223.79* f. 4 CARMEL, INDIANA 46032 ATTN:BRIAN PETER CHECK NUMBER: 249092 4200 E 96TH ST CHECK DATE: 08127115 INDIANAPOLIS IN 46280 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 38,223.79 EASEMENT S WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA AND 4148 96" STREET LLC This Agreement is entered into by and between the City of Carmel, Indiana by and through its Board of Public Works and Safety (hereinafter "City") and 4148 96th Street LLC, on this day of , 2015. WITNESSETH: WHEREAS, the City has duly adopted and enacted City Code Chapter 9, Division 11, 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,4148 96th Street LLC desires to extend the off-site water distribution system for Butler Hyundai (the "Development") as follows: A. Construction Materials— SEE ATTACHED EXHIBIT "A" As per certified Construction Drawings from Gradex on file at the Carmel Water Distribution Office WHEREAS, 4148 96th Street LLC 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 Main Extension. C. 4148 96th Street LLC shall advance the sum of $63,098 (Sixty Three Thousand Ninety Eight Dollars and no cents) to or on behalf of the City to pay for the offsite Water Main Extension (the "Water Extension"), the description of which is as follows: 96th Street 12" Water Main. 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 4148 96th Street LLC agree that 4148 96th Street LLC shall be entitled to reimbursement of the sum of$38,223.79 (Thirty Eight Thousand, Two Hundred Twenty Three dollars and Seventy Nine Cents) 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 4148 E 96th Street LLC towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to 4148 E 96th Street LLC 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 the advanced funds referenced herein will be fully reimbursed. I. 4148 E 96th Street LLC agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to 4148 E 96th Street LLC performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. 4148 E 96th Street LLC agrees to indemnify and hold harmless City from any all losses, damages costs, attorney fees and/or liabilities resulting from any violation by 4148 E 96th Street LLC 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. 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 4148 E 96th Street LLC 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. 4148 E 96th Street LLC_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. 4148 E 96th Street 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 4148 E 96th Street 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 4148 E 96th Street sole cost and expense. N. 4148 E 96th Street LLC 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. O. 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. P. The terms, conditions and obligations of this Agreement shall be binding on the City and 4148 E 96th Street, and their respective officers, officials, agents, partners, successors and assigns. Q. 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. R. Each party 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. 4148 E 96th Street CITY OF CARMEL, INDIANA 4200 E. 96TH St Board of Public Works And Safety Indianapolis, IN 46280 BY: BY: Brian Peters Mayor James Brainard Date: Printed Name Mary Ann Burke, Member Title Date: Date: Lori Watson, Member Date: ATTEST: Diana Cordray, IAMC, Clerk Treasurer + Date: 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 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, and Lori Watson,by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, 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 day of , 2015. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: Date: Prescribed by State Board of Accounts Form No.301 (Rev.1995) ACCOUNTS PAYABLE VOUCHER TO ADDRESS Invoice Date Invoice Number Item Amount I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Mo. Day Yr. Signature Title 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. 49k Mo. Day Yr. Officer Title Voucher No. Warrant No. — ACCOUNTS PAYABLE DETAILED ACCOUNTS MUNICIPAL WATER DEPT. ACCT. �yy CARMEL, INDIANA Favor�I� � lt/�h �✓t . C f LL TZ00 E Zpaa(t"r ,)(is 4 .9/IfjnJ Cje1, Total Amount of Voucher $ Deductions 3�a2 3 .ISS G Amount of Warrant $ Month of Yr VOUCHER RECORD Acct. No. Source of Supply Water Treatment Transmission and Dist. Customer Accounts Administrative and General Operation-Maintenance c � I C 1, Utility Plant in Service Constr.Work in Progress Materials and Supplies Customers Deposits Total Allowed Board of Control Filed Official Title BOYCE FORMS•SYSTEMS 1-800-382-8702 325