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HomeMy WebLinkAbout309734 3/29/17 �a..'✓cggyf ,;, + CITY OF CARMEL, INDIANA VENDOR: 371410 CHECK AMOUNT: $****89,856.01. ONE CIVIC SQUARE ALBANY PLACE DEVELOPER, LLC ?Q CARMEL, INDIANA 46032 9757 WESTPOINT DRIVE,STE 60o CHECK NUMBER: 309734 Miron co. INDIANAPOLIS IN 46256 CHECK DATE: 03/29/17 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 89,856.01 OTHER EXPENSES } @ @ � E @ ( E � ) e ) � ] � ) � ) � 0 — � Z / O CD LO � q } Q J § � } Z L ODcoQ_� 2 9 2 cr W k � 0 W 2 ƒ a j � @ 0 § w p (L 0 § © R D Z « § k 0 / m Z LL w 2= U O D ® 0 \ a)Lij 2 > * a E z o / cr U) L- D > k J c m o Z z ? \ L) � � � � 7 # � � / D m . > � Q � E 3 2 r i WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA AND ALBANY PLACE DEVELOPER,LLC. This Agreement is entered into by and between the City of Carmel, Indiana by and through its Board of Public Works and Safe (hereinafter"City") and Albany Place Developer, LLC on this -t h day of 7YQ a( ,20LZ. 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,Albany Place Developer, LLC desires to extend a portion of the water distribution system for Albany Place(the"Development") as follows: A. Construction Materials—SEE ATTACHED EXHIBIT"A" As per certified Construction Drawings from Stoeppelwerth&Associates, Inc entitled"Albany Place"on file at the Carmel Water Distribution Office (the"Water Extension") WHEREAS,Albany Place Developer, 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 Extension. C. Albany Place Developer, LLC shall advance the sum of$ 132,667.01 to or on behalf of the City to pay for the Water Extension,the description of which is as follows: Water Main Extension along Shelborne Road from station 0+00 to station 9+72.58 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 Albany Place Developer, LLC agree that Albany Place Developer, LLC shall be entitled to reimbursement of the sum of $ 89,856.01 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 Albany Place Developer, LLC towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to Albany Place Developer,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 Albany Place Developer, LLC the advanced funds referenced herein will be fully reimbursed. I. Albany Place Developer, 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 Albany Place Developer, LLC's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Albany Place Developer, LLC agrees to indemnify and hold harmless City from any all losses,damages costs,attorney fees and/or liabilities resulting from any violation by Albany Place Developer, 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. Albany Place Developer, LLC 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 Albany Place Developer, 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. Albany Place Developer, 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. Albany Place Developer, LLC 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 Albany Place Developer, LLC 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 Albany Place Developer, LLC's sole cost and expense.Albany Place Developer,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. 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 Albany Place Developer, LLC,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 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. ALBANY PLACE DEVELOPER, LLC CITY OF CARMEL, INDIANA By and through its Board of Public Works And Safety BY: BY: �o 2-� A thorize i ture Mayor James Brainard —`e/�• `A�� Date: Printed Name �/ / ! ,Member Title Date: Date: 114 Member Date: rAS (A/2 . Pa ey, IAMC, Clerk Treasu r Date: j� EXHIBIT "A" ALBANY PLACE WATER MAIN EXTENSION ALONG SHELBORNE ROAD FROM STATION 0+00 TO STATION 7+38 WATER MAINS PER PLAN Item Quant' Unit Cost Total Cost LF 20"Main 738 $109.00 $80,442.00 EA 20"Gate Valve 1 $4,175.00 $4,175.00 EA 20"Wet Tap 1 $30,483.26 $30,483.26 EA Fire Hydrants 2 $4,780.00 $9,560.00 >> $124,660.26 WATER MAINS ADDITIONAL PER INSPECTOR Item Quantity Unit Cost Total Cost EA 20"Gate Valve 1 $4,175.00 $4,175.00 Remove Existing EA 20"Valve 1 $3,617.50 $3,831.75 >> $8,006.75 >> $132,667.01 WATER MAINS NO OVERSIZING Item Quantity Unit Cost Total Cost LF 8"Main 738 $39.50 $29,151.00 EA 8"Gate Valve 2 $1,100.00 $2,200.00 EA 8"Wet Tap 1 $4,460.00 $4,460.00 EA Fire Hydrants 2 $3,500.00 $7,000.00 >> $42,811.00 - - $89,856.01 ISO[ C4 8 `O t0 N} Oaf o to too. �Wrj ro M N 8 8 g $ Q g m 8 g 8 8 8 09 8 � o S s s *8 *8 �- cc�� � p 8 8 8 p p pp p Q p p Q p O U F 8 R 8 8 h o o 8 R N ER 8 8 8 8 8 8 8 8 8 8 8 g 8 01, 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 V r r N r%-- -too W� di N! N fH N c W WLl COO y 8 �Jj vi y ri) a °d (<L ¢ ¢ Q Form W=9 Request for Taxpayer Give Form to ft (Rev.December 2014) requester.Do Trot I Ofntsmal d r.a,ury Identiflcatlon Number and Certification send to the IRS. IToushm s shown on your Income tax retum).Name la required on this Wm do not leave this Ane blank. lace Developer,LLC name/diaregaroad ermw name,if different from above propriate bwc for federal tax classification;check ony ane of the fallowing seven boxes: 4 Exemptions(codes apply only touaVsole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑ Trust/astate certain entlties,not Individuals seemember LLC Mhtxxiona on page 3): liability company.Enter the tax classification(C=C corporation.S=S corporation,P=partnership)► p Exempt Payee code(If any) O Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the tine above for Exemption from FATCA repotting'— the tax classificationowner . code of the single-member own . U ❑Other(see instructions)101 code¢f arty) b Address(number,street.end OQAWW 10 WO0 &^M''i0je'W off•rM us.J apt.or suite no.) Requester's name and add (optional) 9757 Westpoint Drive Ste 600 ress 0 City,arm,and ZIP code w Indianapolis,IN 46256 7 List accent numbers)here{optionaQ • Taxpapr Identification Number Ili) EMer your TIN in the appropriate box.The TIN provided must match the na=me on One 1 to avoid social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident ellen,sole proprietor,or disregarded entity,see the Part Inon page 3.For other entitles,R is your employer identification number(EIM.If you do nott have have a a number, mber,see How to get a 77N on page 3. or Not*.If the account Is in more than one name,see tate instructions for One 1 and the chart on page 4 for Employer Iderrtlfieatbr number guidelines on whose number to enter. NMUUL 181 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am wafting for a number to be Issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no IorW subject to backup.withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA oode(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must Cross out item 2 above If you have been notified by the iRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,Rem 2 does riot apply.For mortgage interest paid,aoquisftlon or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. sign I signature of / Here U.S.person No. Date► c1-4 � General instructions •Form 1088(Fame mortgage interest),1098-E(student kren Interest).1098-T Section references are to the Internal Revenue Code unless otherwise noted. (tuition) •Form 1098-C(canceled debt) Future devaloprrrarnts.Information about deveknpmemfs affecting Form W-9(such as legislation enacted after we release ft)Is at www.trs.goV/Av9. .Form 1099-A(acquisition or abandonment of secured pro" Purpose of Form Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN. An individual or entity(Form W-9 requesta)who is required to file an Information if you do not retum Form W-9 to Me requester with a TIN,you might be su*ct return with the IRS must obtain your correct taxpayer identification number(TIN) to backup wfthholdog.See What is badarp withholdna?on page 2. ���b y adoption l security number(SSM,individual taxpayer Identification By signing the filled-out form,you: id mbar TrI number taxpayer Identification number(AMM,or employer 1.Cert that the TIN{EIM,to report on an Information return the amount paid to ' you are giving is correct(or you are waiting for a number you,or other amount reportable on an information return.Examples of Ink matlon to to lasuedl. returns Include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 10984NT[Interest armed or Paid) 3.Claim exemption from backup withholdingif you•Form 1 OWDIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U. .p61110r,eyour allocable share of B •Form 1088-MISC(vatfous types of income.prizes awards,or rnss any partnership income from a U.S.trade or business is not subject to the •Form 1089-8(stock or mutual fund sales and 9 mss) withholding tax on foreign Partners'share of effectively connected income,and certain other transactbns e(s)entered on this form Of arty)Indicating that you aro brokers) by 4.Certify tat FATCA cod •Form 1098 5 exempt from the FATCA reporting,is correct.See thirst Is FATCA reporting?on (P►nceeds from real estate tranaaotiorns) page 2 for father information. •Form 1098-K(merchamt card and third party network transactions) Cat.No.10231X Form W-19(Rev.12-2014)