HomeMy WebLinkAboutWater Reimbursement Agreement - City and Lauth Construction, LLCWATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL,
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INDIANA AND LAUTH CONSTRUCTION L.L.C.
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 Lauth Construction
L.L.C., (hereinafter "Lauth") on this .Z day of rc/4y .12020.
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, Lauth desires to extend the off -site water distribution system for Carmel
Medical Arts Pavillion (the "Development") as follows:
A. Construction Materials — SEE ATTACHED EXHIBIT "A"
As per certified Construction Drawings from American Structure Point, Inc.
entitled "Carmel Medical Arts Pavillion" on file at the Carmel Water Distribution
Office
WHEREAS, Lauth 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. Lauth shall advance the sum of $47,180 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: "Carmel Medical Arts Pavillion 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 Lauth agree that Lauth shall be entitled to reimbursement of the sum
of $18,630 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
DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1
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 Lauth towards the satisfaction of the sum
set forth above shall be made on a quarterly basis. Such payments to Lauth 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 Lauth the advanced funds referenced herein will be
fully reimbursed.
I. Lauth agrees to comply with all present and future federal, state and local laws,
executive orders, rules, regulations, codes and ordinances which are applicable to
Lauth's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Lauth agrees to
indemnify and hold harmless City from any all losses, damages costs, attorney
fees and/or liabilities resulting from any violation by Lauth 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 Lauth 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. Lauth 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.
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M. Lauth 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 Lauth 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 Lauth's sole cost and
expense. Lauth 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 Lauth, 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
LAUTH CONSTRUCTION L.L.C.
BY-
67G
Authorized Signature
4eiY l e,1,
0. / Z4"'-S-
Printed Name
yleg
Title
Date: I- l o.ao
CITY OF CARMEL, INDIANA
By and through its Board of Public Works
And Safety
BY:
Mayor James Brainard
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Sue Wolfgang
City Clerk
Date:
DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1
8/5/2020
8/5/2020
8/5/2020
8/5/2020
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