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Home My WebLink Aboutsigned water reimbursement agreementP4,)pried PW44-e WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA AND WESTON-MICHIGAN REALTY 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 Weston -Michigan Realty LLC, an Indiana limited liability company, on this day of October, 2017. 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 Connection — Mains Fund" of private funds expended to extend and oversize the water distribution system, as well as the method of reimbursement; and WHEREAS, Weston -Michigan Realty LLC desires to extend the off -site water distribution system for Weston Pointe (the "Development") as follows: A. Construction Materials — SEE ATTACHED EXHIBIT "A" As per certified Construction Drawings from Keeler Webb & Associates on file at the Carmel Water Distribution Office WHEREAS, Weston -Michigan Realty 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. Weston -Michigan Realty LLC has advanced the sum of $116,390.00 (One Hundred Sixteen Thousand Three Hundred Ninety and 00/100 Dollars) 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: Weston Pointe 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 Weston -Michigan Realty LLC agree that Weston -Michigan Realty LLC shall be entitled to reimbursement of the sum of $50,890.00 (Fifty Thousand Eight Hundred Ninety and 00/100 Dollars pursuant to and in accordance with the terms of the Ordinance, such monies to be paid solely from the "Water Connection — Mains Fund" established by acreage Connection 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 Connection — 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 Connection — Mains Fund". G. Subject to the terms of the Ordinance and this Agreement, payments from the "Water Connection — Mains Fund" to Weston -Michigan Realty LLC towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to Weston -Michigan Realty LLC shall be prior to any other payments from the "Water Connection — Mains Fund" to any other persons pursuant to similar agreements entered into subsequent to the date of this Agreement. II. The City does not guarantee the advanced funds referenced herein will be fully reimbursed. I. Weston -Michigan Realty 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 Weston -Michigan Realty LLC performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Weston -Michigan Realty LLC agrees to indemnify and hold harmless City from any all losses, damages costs, reasonable attorney fees and/or liabilities resulting from any violation by Weston -Michigan Realty 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. Weston -Michigan Realty 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 reasonable attorney fees arising out of any intentional or negligent act or omission of Weston -Michigan Realty 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. Weston -Michigan Realty 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. Weston -Michigan Realty 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 Weston - Michigan Realty 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 Weston -Michigan Realty LLC sole cost and expense. N. Weston -Michigan Realty LLC shall indemnify and hold harmless the City from any all such liabilities, losses, claims, costs, reasonable 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 Weston -Michigan Realty LLC, 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. SIGNATURES TO FOLLOW: IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Weston -Michigan Realty LLC, an Indiana limited liability company By: - - -- --------- — --- Name: Jay D. Stein Title: Co -Chief Operating Officer_ City of Carmel, Indiana by and through its Board of Public Works and Safety By: Name: Title: ..- - - -- - CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY Jafffes Brainard, Presiding Officer F`Iv� Lori Watso , tuber Date: l 6 b /(7 AT �2 Christine Paule , Clerk-Treasur ACKNOWLEDGEMENT State of Indiana, County of �+ SS: Before me, the undersigned Notary Public in and for the County and State, personally appeared ,� .S jr4xn.au�d Many �O-u.rke. bri d-600 * acknowledged the execution of the foregoing contract on this I day of V D _ __, 20. rjssion Expires ,-A., - ' MAW ' 5CA Notary Public - S!at� ai lno, i, Ion Exc Ap ,t This document prepared by: ____ DIANNE WALTHALL Seal Notary Public - State of Indiana Hamilton County My Commlaal0n Expires Mar 1t1, 2024 (Signature) -2vQ r1 /1 e- W'Zuh':Cj/ (Printed or Typed) (Notary Public) EXHIBIT A Water Main Connection fee, tap main with 12" valve, 4971f of 12 ductile iron pipe, 2201f of 4" ductile iron pipe, 221f of 2" type K copper, 205 if of 2 '/2" type K copper, 2141f of 12" poly bore, (1) 12x 6 tee, (1) 12 x 2 x 5" tee, (1) 2.5" valve, (1) 12x 4 tee, (2) 4" valves, (1) 4 x 2 tee, (1) 2 curb stop, (2) fire department connections, (2) 4" risers, (3) 12" 22.5 bends, (1) 12" 45 bend, (2) 12 x 6 anchor tees, (2) hydrants with valves, (3) 4" 90 bends, (2) 12" caps, (1) post indicator valve, restraints, tracer wire, flush and test, vac locates (2) Harveys with solid sleeves, #53 backfill at bore pit, granular backfill and export spoils per plans and Carmel Water specs, erosion control per plans. 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 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 day of , 2017. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: Date: