HomeMy WebLinkAboutBPW-04-02-97-04 Monon Engr.SurvResolution No. 04-02-97-
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND
SAFETY AMENDING RESOLUTION NO. 03-05-97-02
WHEREAS, in the interest of expediency, the City of Carmel Board of Public
Works and Safety (the "Board") approved Resolution No. 03-05-97-02 attached hereto as
Exhibit A which, among other things, authorized the Mayor to execute on behalf of the
City of Carmel, Indiana, a multiparty Professional Services Agreement with Congdon
Engineering to survey the Monon Corridor ("Agreement"); and
WHEREAS, Resolution No. 03-05-97-02 contemplated that the Subclass, as
defined in Resolution No. 03-05-97-02, would be a party to the Agreement; and
WHEREAS, the parties initially contemplated that the Agreement would obligate
the Subclass and the City to share equally in the cost of the services necessary to provide
the type of survey work necessary for the acquisition of the Monon Corridor as defined in
Resolution No. 03-05-97-02; and
WHEREAS, the Subclass has now suggested that instead of being a party to the
Agreement, it and the City enter into a separate agreement whereby the Subclass will
reimburse the City for the Subclass' share of the Survey fees, which share is contemplated
not to exceed $37,000; and
WHEREAS, the Subclass has suggested that reimbursement be paid from the
court-approved sale proceeds that the Subclass receives for the Monon Corridor; and
WHEREAS, the Subclass suggestion requires that the Agreement reflect that the
City is obligated to pay Congdon approximately Eighty One Thousand and no/100' s
Dollars ($81,000.00); and
WHEREAS, Resolution No. 03-05-97-02 conditioned the Mayor's authorization
on (a) the City Attorney' s approval of the Agreement form and (b) the City' s obligation
being limited to not more than Forty Thousand and no/100's Dollars ($40,000.00).
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel, Indiana Board
of Public Works and Safety that the Mayor of the City of Carmel, Indiana is hereby
authorized to execute an agreement with Congdon Engineering to provide professional
services to the City of Carmel with regard to the acquisition of the Monon Corridor,
provided (a) said agreement is in a form approved by the Carmel City Attorney prior to
execution, (b) the City' s obligation to Congdon under the agreement does not exceed
Eighty One Thousand and no/100's Dollars ($81,000.00); and (c) the Subclass agrees to
reimburse the City for the lesser of one-half (1/2) the cost of the City' s portion of the
survey produced pursuant to Congdon's agreement with the City and the Park Board or
Thirty Seven Thousand and no/100' s Dollars ($37,000.00), such reimbursement to be
paid out of the sale proceeds of the Monon Corridor.
PASSED AND ADOPTED by the City of Carmel, Indiana Board of Public Works and
Safety this d/'d day of/2/e_~.Lf. ,1997.
James Brainard, Mayor
Date:
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D~ana L. 9rdray Clerk-Tre urer
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