HomeMy WebLinkAboutSewer Reimburse/St Vincents SEWER REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF CARMEL, INDIANA AND
ST. VINCENT HOSPITAL AND HEALTH CARE CENTER., INC.
THIS AGREEMENT is entered into between the City of Carmel,
Indiana,- (hereinafter "Carmel") and St.'Vincent Hospital and
Health Care Center~ Inc.,
(hereinafter "Hospital'").
WITNESSETH:
WHEREAS, Carmel has duly adopted and enacted Ordinance S-41
(January 4, 1982) that provides in part for the reimbursement
from the "interceptor fund" by Carmel of private funds expended
'to extend the trunk sewerage system and such ordinance further
provides the method of reimbursement (Section 7.02); and
WHEREAS, Hospital has extended a portion of the trunk
sewerage system as~follows:
an Indiana not-for-profit corporation,
A part of the Southwes~ Quarter of Section 19,
Township 18 North, Range 4 East; and a part of the
Southeast Quarter of Section 24, Township 18 North,
Range 3 East; End a part of the North Half of Section
25, Township 18 North, Range 3 East, all in Hamilton
Cgunty, State of Indiana, described as a 20 foot strip
of land, 10 feet each side of a centerline described
as follows:
Commencing at a point on the West line of~ said Section
19, 1001.feet from the Southwest Corner thereof.
Thence North 90° 00' 00" East (assumed bearing) a
distance of 344.9 feet to the North right-of-way line
of the former Indianapolis Northern Traction Company,
Inc., and the point of beginning of said centerline.
Thence North 90° 00' 00" West a distance of 344.9 feet
to the East line of said Section 19; thence North 00°
00' 00" East on and along said East line a distance of
31.46 feet; thence South 88° 42' 50" West a distance
of 747.58 feet; thence South 00° 34' 19" West a
distance of 144.07 feet; thence South 880 42, 50" West
a distance Of 345 feet; thence South 52° 19' 45" West
a distance of.203.98 feet to the point on a curve to :
the left, radius point of said curve located South 29°
42' 33" West a distance of 2328 feet; thence
Southeasterly on and along said curve to the left a
distance of 300 feet; thence South 58° 35' 30" West a
distance of 340 feet; thence South 00° 00' 00" East a
distance of 397 feet to the South line of said Section
24.; thence North 90° 00' 00" West on and along a said
South line a distance of 36.9 feet; thence South 00°
00' 00" East a distance of 255 feet; thence South 45°
12~ 30" West a distance of 158.59 feet; thence South
64° 31' 57" West a distance of 170.39 feet; thence
South 36° 00' 00" West a distance of 225 feet; thence
South 48° 34' 18" West a distance of 203.72 feet;
thence South 79° 13' 48" West a distance of 248.68
feet; thence South 16° 52' 00" West a distance of 42.2
feet; thence South 16° 38' 43" West a distance of 485
feet; thence South 87° 04' 16" West a distance of
940.04 feet; thence North 65° 59' 44" West a distance
of 768.41 feet; thence South 58° 00' 16" West a
distance of 125 feet' thence South 89° 00' 16" West a
distance of 170 feet; thence South 34° 00' 16" West a
distance of 300 feet; thence South 15° 59' 44" East a
distance of 45 feet to the end of this description.
Within said easement exists 31 manholes and 7,363
linear feet of i8-inch sanitary sewer.
The above described easement is subject to all
rights-of-way of record.
This easement description is for information only, and
does not reflect any legal rights.
*A diagram of the St. Vincent Carmel Hospital sanitary
sewer easement is attached as Exhibit "A" and made a part
of this Agreement.
WHERE~S, Hospital desires to receive.refunding of
reimbursable monies'expended pursuant to Ordinance S-41
Jandary 4, 1982).
NOW, THEREFORE, the parties agree as follows:
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1.~ This written agreement is entered into by the parties
pursuant to Ordinance S-4i, Section 702 (JanuaryS4, i982), this
~ day of -~J~'-~,J~ ., 19~5.
2. Hospital has advanced the sum 0f Four Hundred
Seventy-Four Thousand Nine Hundred SeventY-Four Dollars
($4'74,.97~) to or on behalf of Carmel to pay for the construction
of the extension of the trunk sewer, the complete description of
which ~S stated on page 1 and 2 of this Agreement.
3,. Carmel determines such 'expenditure to be necessary to
provide sgwerage to adjacent real estate and to meet the
requirements of Carmel.
4. Carmel and Hospital agree that H'ospital shall be entitled
to reimbursement of the sum of Four Hundred SeVenty-Four Thousand
Nine Hundred Seventy-Four Dollars ($474,974) from the
"interceptor fUnd" established by acreage availability charges
assessed by the Ordinance (the present amount of Seven Hundred
Dollars ($700.00) per acre).
5..Carmel's obligation shall be to repay funds from those
dePosited in the "interceptOr fund" only and Carmel does not
incur' any liability for repayment other than to pay from'3funds
depOsited in the "interceptor fund."
6~ P~yment from the "interceptor fund" to Hospital shall
occur quarterly. Payments to Hospital Shall be prior to any
payments from the "interceptor fund" made to any Other persons
entering similar agreements subsequent to the date of October 2,
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1985, the date the Board of Public Works approved said
reimbursement to the Hospital (referenced in the Ordinance
payment on the basis of first in, first out).
IN WITNESS WHEREOF, the parties have executed this
on the date first above'written.
CITY OF CARMEL, INDIANA
as
Agreement
By:
Jane A. Reiman, Mayor
By:
Billy'Walker, Member
Board of Public Works
Board of Public~orks
ST. ~VINCENT HOSPITAL AND HEALTH CARE
CENTER, INC.
By:
Sis'ter Theresa Peck, President
and Chief Executive Officer
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