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HomeMy WebLinkAboutDYC Realty, LLCSEWER INTERCEPTOR FUND REIMBURSEMENT AGREEMENT THE CITY OF CARMEL, 1NDIANA AND DYC REALTY, LLC APPROVED, AS TO 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 DYC Realty, LLC (hereinafter "DYC") on this [/?%day of L)c 3~:~/~;~72000. WITNESSETH: WHEREAS, the City had duly adopted and enacted City Code Sections 9-196 through 9-210 (collectively the "Ordinance") that provides in part fbr the reimbursement from an "Interceptor Fund" of private lhnds expended to extend the trunk sewerage system, as well as the method or' reimbursement; and WHEREAS, DYC desires to extend a portion of the trunk sewerage system fbr the 96t~' Street Auto Park located at 461 O, 4620 and 4630 East 96* Street, Carmel, Indiana (the "Development") as follows: Install 1,208 I.f. 8-inch main Easement Cost Legal Fees Engineering Fees $ 21,492.80 25,626.81 4,000.00 4,200.00 TOTAL $ 55,31961 (As per Certified Construction Drawings from Paul 1. Cripe, Inc. in the Department of Engineering entitled 96'" Street Auto Park, Project Number 0970495-20100, certified and approved as of the last revision date of November 6, 2000. WHEREAS, DYC desires to receive refunding of reimbursable monies expended on the Development, pursuant to the Ordinance. NOW THEREFORE, the parties agree as follows: I. The tbregoing recitals are hereby incorporated herein and made a part hereot~ 2. This written agreement, entered into prior to the commencement of construction on the Development, is entered into by the parties pursuant to the Ordinance. 3. DYC shall advance the sum of Fifty Five Thousand Three Hundred Nineteen and 61/100 Dollars ($55,319.61 ) to or on behalf of the City to pay for the construction of the extension of the trunk sewer (the "Sewer Extension"), the description of which is as follows: Installation of 1,208 linear feet of 8 inch pipe, (9) manholes, core, boot and connect to an existing manhole located on the East side of Randall Drive and air and mandrel testing. The City has determined that the above expenditure is necessary to provide sewerage to adjacent real estate and to meet the requirements of the City. The City and DYC agree that Providence shall be entitled to reimbursement of the sum oF Fiery Five Thousand Three Hundred Nineteen and 61/100 Dollars ($55,319.61) pursuant to and in accordance with the terms of the Ordinance, such monies to be paid solely from the "Interceptor Fund" established by acreage availability charges assessed by the Ordinance. 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 "Interceptor 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 "Interceptor Fund". Subject to the terms of the Ordinance and this Agreement, payment fi-om the "Interceptor Fund" to DYC towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to DYC shall be prior to payments from the Interceptor Fund" to any other persons pursuant to similar agreements entered into subsequent to the date of this Agreement. The City does not guarantee DYC that the advanced funds referenced herein will be fully reimbursed. 10. 12. DYC agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to DYC's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. DYC agrees to indemnify and hold harmless the City from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any violation by DYC Realty and/or its employees of such law, order, rule, regulation, code or ordinance. This indemnification obligation shall survive the termination of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of' Indiana, except for its conflict of laws provisions, 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 any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue t~r and has jurisdiction over same. DYC shall indemnify and hold harmless the City and its officers, officials, employees, agents and assigns from any and all losses, liabilities, claims, judgements 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 DYC and/or any of its employees and, except for intentional misconduct, of its agents, outside sources, contractors or subcontractors, in the performance of the Development, the Sewer Extension and/or this Agreement. This indemnification obligation shall survive the termination of this Agreement. DYC 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 of work and/or in the performance ot~ any work on the Development or the Sewer Extension as contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges 3 13. 14. 16. of employment or any matter directly or indirectly related to employment, subcontracting or work pertbrmance 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 5-16-6-1 for any person so discriminated against. This indemnification obligation shall survive the termination of this Agreement. DYC shall not cause or permit the filing of any lien on any of the City's property. In the event such a lien is filed of record and DYC fails to remove it within thirty (30) days at~er 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 DYC's sole cost and expense. DYC shall indemnify and hold harmless the City from and against any and all 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 shall survive the termination of this Agreement. 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. The City and DYC, and their respective officers, officials, agents, partners, successors and assigns are bound to the other and to its officers, agents, partners, successors and assigns in all respects as to all terms~ conditions and obligations of this Agreement. 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 4 17. Each party hereto represent 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. DYC REALTY, LLC BY. ~/~ar~~~ Aut~ignatur Printed Name Title Date CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety rainard, Pr }iding Officer Billy Walker, Member Date: ATTEST: S:\REIMBAGI~,EE\96TIIAUTOSAN