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HomeMy WebLinkAboutWater Reimbursement Agreement between City and Boyd and Kalen JacksonAPProlred By -44— WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL, JAS-' INDIANA AND BOYD AND KALEN JACKSON 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 Boyd Jackson and Kalen Jackson (hereinafter, "Landowner") on this day of September, 2016. 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, Landowner desires to extend the off-site water distribution system for the construction of their principal residence (the "Development") as follows: A. Construction Materials — SEE ATTACHED EXHIBIT "A" As per certified Construction Drawings from Spiars Engineering LLC entitled "Hoover Road Water Main Extension" on file at the Carmel Water Distribution Office WHEREAS, Landowner 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. Landowner shall advance the sum of $76,375.00 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: "Hoover Road Water Main Extentsion". 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 Landowner agree that Landowner shall be entitled to reimbursement of the sum of $76,375.00 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 Landowner towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to Landowner 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 Landowner the advanced funds referenced herein will be fully reimbursed. I. Landowner agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to Landowner's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Landowner agrees to indemnify and hold harmless City from any all losses, damages costs, attorney fees and/or liabilities resulting from any violation by Landowner 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 Landowner 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. Landowner 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 veteranstatus. 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. Landowner 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 Landowner 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 Landowner's sole cost and expense. Landowner 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 Landowner, 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 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 parry 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. �Q! Boyd Jackson 1 �w FAI - F; 70 034 wr/ 1 52000 Date: August 31, 2016 "LANDOWNER" CITY OF CARMEL, INDIANA By and through its Board of Public Works And Safety BY: ayor James Brainard Date: q Mary A Burke, Member Date: 1 / a-1 I I (p AT Ch stine Pau�, Clerk -Tr asurer Clerk Treasurer Date: STATE OF INDIANA ) I SS: COUNTY OF L, ) 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 Christine Pauley, 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 r day of '2016. NOTARY PUBLIC b-6 0-n 0 e. Wo- 14-h al My Commission Expires: DIANNE WALTHALL Seal Notary Public - State of Indiana Hamilton County My Commission Expires Mar 16, 2024 Printed Name My County of Residence: Z� Date: 911-.1 1 ((p HOOVER ROAD WATER MAIN EXTENSION Activity Quantity Rate Install 12" ductile Iron via open cut along 495 65.00 Hoover Road to include locate wire, detector tape and sand backfill over pipe. Install Fire Hydrant Assembly ... to include hydrant valve, valve box,etc. Install 6 x 12" tee assembly Install 12" in-line gate valve Pressure testing and chlorine flush to include chlorination point Clearing of easement to include removal of debris Final Connection As built information per Carmel Standard Engineering/Design 2 6,000.00 Amount $ 32,175.00 12,000.00 1 3,000.00 3,000.00 2 3,000.00 6,000.00 1 2,500.00 2,500.00 1 8,000.00 8,000.00 1 4,500.00 4,500.00 1 4,000.00 4,000.00 1 4,200.00 4.200.00 TOTAL $ 76,375.00