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328734 08/09/18 CITY OF CARMEL, INDIANA VENDOR: 372676 ONE CIVIC SQUARE WATERSTONE HOA INC CHECK AMOUNT: $****25,000.00* r CARMEL, INDIANA 46032 C/O COMMUNITY ASSOC SERVICES OF IN CHECK NUMBER: 328734 11711 N COLLEGE AVE SUITE 100 CHECK DATE: 08/09/18 ETON CARMEL IN 46032 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 250 4350900 1 25,000.00 OTHER CONT SERVICES VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) vendor# 372676 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER WATERSTONE HOA INC IN SUM OF$ CITY OF CARMEL P.O. BOX 64683 An invoice or bill to be properly itemized must show:kind of service,where performed,dates service rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. PHOENIX, AZ 85082-4683 Payee $25,000.00 ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Engineering Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 1 43-509.00 $25,000.00 1 hereby certify that the attached invoice(s),or 8/5/18 1 Outflow Structure reimbursement to HOA $25,000.00 2200 250 2200 250 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 W at ers},pr�a HOA C/O C0rv%r-^LAA-%i4 y A SS OGi cL+i 0r% S��vi'r:e� o.F lndic�n0.. 1t'=t It N. Coti-p-ge- Ave, Monday,August 06,2018 SL-Rite loo C Cir r,n-e-1 , I IN 4 ca 0 3 2 Jeremy Kashman Director 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 5-11-10-1.6 120 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer Waterstone HOA INVOICE C/O Community Association Services of Indiana 11711 N. College Ave., Suite 100 DATE: August 5, 2018 Carmel, IN 46032 INVOICE# 1 (317) 875-5600 FOR: Lake Waterstone Outflow Structure Bill To: City of Carmel SE District One Civic Square Carmel, IN 46032 2 SO - -13So� 0 0 317-471-9836 DESCRIPTION AMOUNT Outflow Structure reimbursement to HOA $25,000.00 TOTAL $ 25,00Q 06A Make all checks payable to Waterstone HOA If you have any questions concerning this invoice, Contact Annette Byrd, (317)451-2250, abyrd@cas-indiana.com THANK YOU FOR YOUR BUSINESS! ax. AGREEMENT FOR PAYMENT OF PROJECT COST This Agreement entered into by and among the Waterston Homeowners Association, Inc.(the"Association");and the City of Carmel,Indiana,acting by and through its Board of Public Works and Safety,(the"City"). WITNESSETH: WHEREAS,the Association is the owner oil and has maintenance responsibility for, Waterston Lake(the"Lake"),which is located between the Bay Hill and Windpointe Subdivisions(the"Subdivisions"). Both Subdivisions are located in Carmel;Hamilton County, Indiana; WHEREAS,the Lake's outfall structure has failed,thereby preventing the Lake from maintaining the normal pool water level; WHEREAS,the Association has entered into contracts with Excavating Unlimitedand Associa OnCall,(the"Contractors")to design and construct the necessary repairs to the outfall structure and other associated drainage pipes((he"Project"). WHEREAS,the Contractors have completed the Project at a cost of Seventy One Thousand Mine Hundred Forty:Six Dollars and Eighty Four Cents.($71,946,84); WHEREAS,the.City is willing to reimburse the Association up to Twenty Five Thousand Dollars($25,000)in order to help offset the cost of the Project: IT IS THEREBY AGREED by and between the parties as follows: I. The City and the Association agree that the design,scope,implementation, construction,and contract administration of the Project is the sate responsibility of the Association,and that the City bears no responsibility as to the design,construction,or completion of the Project. C:\Uursy'kashmanSDesiiopiWamtoae\�Yatentaao HOA Project Cosi Agee mot Draft legal misiontd"x i,` 5sk 2. All costs of the Project shall be paid by the Association. Upon completion of the Project,the Association may file verified claims with the City for reimbursement up to$25,000. 3. 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 beneFts to the Lake 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 take,nor shall the City's participation in the funding of this Project be deemed as an admission or assumption of liability for any future Lake-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 Contractors to perform the worts for the Project;including lawful means for ingress and egress to the Project,the use of land that is necessary to complete the Project,and to dispose of the spoils from the Project, 4. 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 C:1Uscrsyl�+msnl0eslupltYatpxtoaelWat�atoseltOal Pcajc,�CostAgraemcnt ThzR k,�al rccivrnsdau� 1 g 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. S. 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. 6. The City shall not have any duty with respect to the Project other than issuing reimbursements to the Association as set out above. 7. 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 Waterstone Homeowners Association this-Z3 day of Mfr 2018. WATERSTONE HOMEOWNERS ASSOCIATION,INC. Byl,%-- Printed: 60•c.z o-4 1 C.4,e'roA) Title:President,Waterstone Homeowners Association C.it7seMs'G�hmantDesktop\lYaterNuedtVaferuono HOA ProjcctC-1 Aycrn o Melt legal wiaan.doca :,N ATTEST: By: &LL—L�Mb— Printed : c t4A'tL j. 5 e, al. W c t W Cff Title:WaterstoneHOA Board Member 1 q.H- -.,. Approved and Adopted this day of 1,4 20 CITY OF CARMEL,INDIANA By and through its Board of Public Works and Safety BY: A4csBrainard,Presidi Office Date: Mary An urke,Mei r Date: _ Lori S. ats em.be Date: 7 A MA7TT. S,�Jy &ristine S.Pipft a k-Treasurer Date: ClUsen jt*-h—IDesAtop4WatmstonellVatcrstore HOA 496jed Cost Agetmant Dtafl 14341 reruions.du