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HomeMy WebLinkAboutSt. Elizabeth/Safco CONTRACT ~ This Contract is entered this ~,/ day o~~, 198:4, between Safco, Inc., the developer of Bluewoo~Creek Subdivision in Hamilton.County, The Roman Catholic Diocese of Lafayette-in-Indiana, Inc~ operating St. Elizabeth Seton Parish, hereinafter "St. Elizabeth Seton Catholic Church", the Board of Commissioners of the County of Hamilton, and the City of Carmel. For the mutual covenants and promises contained herein, the parties to this agreement agree to participate in the widening of 106th Street from Haverstick Ro~d to Blue Woods Creek, and voluntarily agree to incur the following expenses and obligations toward the completion of said project: 1. Safco, Inc. and St. Elizabeth Seton Catholic Church agree to pay equally for any and all culvert material necessary or advisable to replace the existing concrete box culvert under 106th Street. -to to 2. Safco, Inc. and St. Elizabeth Seton Catholic Church agree reimburse -the-county -for~the-costs--of the ~ base- mate~i'a~-appl'i'e~d .... 106th Street in the area covered by this Contract. 3. Safco, Inc. will provide ditches and necessary pipe the r. oad-toward positive drainage on the south side of l~6th Street. St. Elizabeth Seton Catholic Church will provide ditches and necessary pipe culverts to drain the road toward 'positive drainage on the north side of 106th Street. 4. The Board of Commissioners of the Cdunty of Hamilton agree to provide three inches of binder upon the base covered by · paragraph 2 above. 5. The Board'of Commissioners of the County of Hamilton through their Hamilton County Highway Department, will provide labor and equipment for the installation of any culvert material discussed in paragraph one above. 6. St. Elizabeth Seton Catholic Church and Safco, Inc. agree to reimburse Hamilton County for the cost of one inch of hot asphalt surface to be applied to the subject section of 106th Street. 7. If the approval of the Hamilton County Surveyor is secured, St. Elizabeth Seton Catholic Church and Safco, Inc., will ........... culverts to drain lower the ditch by two feet and assure positive drainage from said lowered ditch as recommended by the surveyor. 8. Upon notification by the other parties to this agreement that the foregoing changes to 106th Street have been made to the satisfaction and approval of all necessary parties, officers and agents of parties to this agreement, the City of Carmel agrees to maintain full responsibility for maintenance of said section of 106th Street. 9. By their signature to this agreement, the responsible parties warrant and covenant to each other that they have the legal authority and financial resources to fulfill all obligations given to them by this Contract. 10. Reimbursements for expenditures made by one party shall be made by the party responsible for reimbursement within ten days of any payment to the vendor of the material or service, or if immediate payment is not required at the time of installation, reimbursement shall take place within ten days of the approval of a claim by the Hami~ton~COunty-Highw~Y S%p~rin~hdent~ ~ .... 1~. If any payment is not made within the ten day period provided in the prior paragraph, the failure to perform shall constitute a material breach of the this agreement which may cause any party to this agreement to withhold further performance. 12. If any party fails to perform its duties or obligation under this Contract, any other party to this Contract may enforce the breach in an action of law. If an action of law is necessary to enforce this Contract, the party found to be in breach of this Contract shall reimburse fees. 13. This agreement the prevailing party for any attorneys shall be effective upon its execution by all parties to this agreement, its recording in the miscellaneous record of the Hamilton County Recorder's Office, and approval of the estimated cost of the project by Safco Inc. and St. Elizabeth Seton Catholic Church. 14. This agreement shall take effect on the date it is signed and executed by the last party to so execute it as shown below. Board of Commissioners of the Co of Hamilton. Phil Henderson Geor ~e M~evens A t t e s t: .~ .~-~ ~3_-~/2~/W Y/~ ~ Barbara J. Jen.nings, ~m~t°n County Auditor Signed and executed this ~/ day City of Carmel by and through its~f~9~f~ , 1984 by the , 1984 by the Attest: ~ Dorothy easurer City of Carmel Approved:~6 Jane A. R~a~, MayOr of Carmel ~/ Signed a~d executed this /~~ day of.~.~ Safco, Inc. ' Richard ~isher, President of Safco, Inc. Signed and Roman Catholic Diocese of Elizabeth Seton Parish. Bishop william L. ~gi executed this ~- day of Lafayette-in-Indiana Inc., , 1984 by =- , 1984 by The Operating St.