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HomeMy WebLinkAboutPrairie View Homeowners Association/Agreement for Payment of Porject Cost/20,000Okot;; � 65t AGREEMENT FOR PAYMENT OF PROJECT COST This Agreement entered into by and among the Prairie View Homeowners Association, (the "Association"); and the City of Carmel, Indiana, by and through its Board of Public Works and Safety, (the "City"). WITNESS THAT: WHEREAS, the Association is the owner of, and has maintenance responsibility for, the large pond (the "Pond") located in Section 1 of Moffitt Farm at Prairie View Subdivision (the "Subdivision") located in Carmel, Hamilton County, Indiana; WHEREAS, the Pond does not maintain a consistent water level; WHEREAS, the Association believes the most expeditious and effective way to maintain a consistent water level within the Pond is to install a pump in a vestal ditch located within the adjacent Main Street Right of Way. The pump will connect to the City storm water system, which will allow the water to flow into the Pond (the "Project"); WHEREAS, the Association has entered into a contract with Maddox Industrial Group, (the "Contractor") to design and construct the Project at an estimated cost of Thirty Eight Thousand Three Hundred Fifty Dollars ($38,350); WHEREAS the Association has entered into a contract with Duke Energy to provide electricity to the pump for Five Thousand Dollars ($5,000) and, WHEREAS, the City is willing to pay up to one-half (1/2) of the cost of the Project, not to exceed Twenty Thousand Dollars ($20,000). IT IS THEREBY AGREED by and between the parties as follows: The Association agrees to enter into a contract with the Contractor to complete the Project. X.)joberlanderTontractsWoffitt Farm Prairie View HOA Project Cost Agreement revised fmal.docx 2. The Association agrees to execute a Consent to Encroach Agreement with the City for Project improvements that will be located within the City's right of way. 3. The City and the Association agree that the design, scope, implementation, construction, and contract administration of the Project is the sole responsibility of the Association, and that the City bears no responsibility as to the design, construction, or completion of the Project. 4. All costs of the Project shall be paid by the Association. Upon the partial completion of the Project, the Association may file verified claims with the City for reimbursement up to $20,000. 5. The Association, acknowledges and represent as follows: a. The Association, and/or its representatives have been solely responsible for the design and implementation of the Project. b. The City does not make any representation or warranty that the Project, as designed, will provide substantial positive benefits to the Pond or land within the Subdivision. c. The sole purpose of this Agreement is for the City to assist in paying part of the cost for the Project as selected, designed, constructed, and managed by the Association. d. By providing assistance to the Association in paying part of the cost of the Project, the City shall not be deemed to have accepted any future jurisdiction or maintenance duties for the Pond, nor shall the City's participation in the funding of this Project be deemed as an admission or assumption of liability X:\joberI=deAContmcts\Moffitt Farm Prairie View HOA Project Cost Agreement revised Snat.docx for any future Pond -related projects within the Subdivision unless the City has any such duties prior to the date of execution of this Agreement. e. The Association represents and warrants that it has the authority to contract with the Contractor to perform the work for the Project, including lawful means for ingress and egress to the Project; the authority to place and operate the equipment for the Project; the use of land that is necessary to complete the Project; and to dispose of the spoils from the Project. 6. The Association agrees to indemnify and hold harmless the City for any and all liability which might result from the construction of the Project, and any and all claims that may be brought against the Association or the City arising out of the design, implementation and conclusion of the Project, it being the understanding of the parties that the Association shall be solely responsible for any and all indirect or direct liability to any person or entity resulting from the construction of the Project. 7. The Contractor for the Association shall maintain in full force and effect, during the term of the Project, general insurance insuring the Contractor, the Association and the City for liability and claims from third parties up to One Million Dollars ($1,000,000) per person and Three Million Dollars ($3,000,000) per occurrence. The City shall be provided a Certificate of Insurance showing such coverage prior to the Project. 8. The City shall have a reasonable right of access to the Project site, and shall be informed of the progress of the Project on a regular basis. Representatives of the City may inspect the Project, but have no duty to change, alter, redesign or take any acts concerning the construction of the Project, other than to assure that the reimbursement payments described above are due and owing for a portion of the work which has been completed. X )joberlanderTontractsNoffitt Farm Prairie View HOA Project Cost Agreement revised final.docx 9. Should the project be altered, amended, or terminated at any time during the course of the Project, the City shall only be liable for its one half (1/2) share of the part of the Project that is completed, up to Twenty Thousand Dollars ($20,000). 10. The City shall not have any duty with respect to the Project other than issuing reimbursements to the Association as set out above. 11. This Agreement constitutes the entire agreement between the Association and the City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. ALL OF WHICH IS AGREED by and between the parties on the dates set out herein. APPROVED by the Prairie View Homeowners Association this k0day of 2016. PRAIRIE VIEW HOMEOWNERS ASSOCIATION, INC. By _ �k ;�Z� Printed: 67 /A/$ 114. 2)A1V K £ 9T— Title: President, Prairie View Homeowners Association ATTEST: By: t� Printed: i 0S C7 Title: Prairie ViewOA Board Member X:\joberlander\Contracts\Moffitt Farm Prairie View HOA Project Cost Agreement revised finat.docx Approved and Adopted this 2 day of if A (- , 20-Ua. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety ROM James Ifrainard, Presiding Officer Date: Maryurke41- ember /el Date: X) joberlenderTontractsWoffitt Farm Prairie View HOA Project Cost Agreement revised final.docx