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HomeMy WebLinkAboutCarmel Plaza/Hatfield & Kellams Sewer SEWER CONSTRUCTION AGREEMENT This Agreement made and entered'into .this '~' day of '72.E~'~.~1~ , 1979 by and between the City of Carmel, Indiana ("City"), Carmel Plaza Company, an Indiana limited partnership Hatfield & Kellams, Inc. ("Owner") , and ~X2~u~~~ TH~.T: ("Contractor") WITNESSETH $~{EREAS, Owner is the owner of the real estate described in Exhibit "A" ("Real Estate") attached hereto and by refer'ence made a part hereof; and WHEREAS, Owner has heretofore applied to the City for the construction ~of a sanitary sewer ("Sewer") through (a) the Real Estate, (b) the real estate described in Exhibit "B" attached hereto and by reference made a part hereof and (c) that portion of the easemen{s held by Public SerVice Company of Indiana, Inc. which is south of the Real Estate and north of the real estate described in Exhib}t "B" ("Easement Area".);.and WHEREAS, Contractor has entered into~an-Agreement~With' Larry Campbell ~a~fi~w~m~[~2~m~x~cx for the benefit of Owner for the construction of the Sewer in accordance with the plans dated October 1979 prepared by Weihe Engineering, Inc. and the specifi- cations prepared by Building & Structural Design Engineering, Inc. and approved by the City ("Plans and Specifications"); and WHEREAS, the City has agreed to the construction of the in accordance with the terms and conditi6ns hereafter set NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the sufficiency of which are hereby acknowledged, Owner, City and Contractor agree as f~llows:' ~ 1. Owner is authorized to construct or cause the Sewer to be 6onstructed in accordance with the Plans and Specifications which have been approved by the City. A complete set of the Plans and Specifications have been filed with and approved by the ~City. Sewer forth: 2. All work.performed by Contraator or Owner shall be done without expense to the City. 3. The City will accept the Sewer upon its .completion in accordance with the Plan and Specifications,~ and upon such completion, t~e Sewer shall become a part of the pubii¢ sewer system of the'City with title thereto vested in the City and otherwise under its full control, authority and jurisdiction. ~.. City acknowledges that the cost.of the sewer is 111,~8~.92 and agre?s that the cost shall be recouped by Owner from the owners of any real estate that may be benefitted by the Sewer at the ti~me that such real estate obtains the benefit· of the Sewer. The $ 26.64 for each. lineal the easement, owned by any rate of recoupment shall be foot of real estate on each side of owner obtaining the benefit of the Sewer which abuts the Easement Area and the Real Estate. In determining t~e lineal feet~of the reali~estate obtaining the benefit of the Sewer abuttin~ the Easement Area and the Real Estate, any real estate d~rectly or indirectly owned by an ~ affiliate of the owner shall be included. 5. No permit or authorization shall be issue~ by the Cit~ for connection to, or an extension of the Sewer until all federal, s~ate and local statutes, ordinances and regulations have been satisfied and City has .collected an amount necessary for owner to recoup an amount proportionate to footage of Real Estate benefited by the permit issued. 6. Contractor agrees to defend and save harmless the Owner and City against any and all claims, demands, actions and cause of action, loss or expense of every nature and kind whatsoever at any time asserte~ against the City or Owner arising o~t of or related to the Sewer prior.~o, its acceptance by the City. 7. Prior to acceptance of the Sewer by the City, Contractor shall furnish a suitable bond filed with and made payable to the City with good and siffi¢ient surety in an amount equal to ten percent ~0%) of the total cost of the Sewer against defects on account of workmanship, materials and construction for a p~riod of three {B) years from the date ~f acceptance of the Sewer by the ~ity... of Owner under ©© © 8. City shall have the right to supervise and direct °' the construction of the Sewer in accordance with the Plans and Specifications. 9. The right this Agreement may be'as'signed, and in the event of ap assignment, any amounts payable hereunder shall be.paid to any assignee after written notice of the assign- ment is made to the City. 10. The obligations hereunder are i~posed upon and run with any land which abuts the Real Estate and the Easement Area. 11. .Notwithstanding anything herein expressed or implied to the contrary, Owner shall not recoup more than the total cost of the Sewer, $111,484.92, less $29,784.00 benefit ~ost o~ owne~property, and Owner shall not be required amount for recoupment of the cost of the Sewer for to or extension of the Sewer by Owner. to pay any any connection IN WITNESS WHEREOF, Owner City and Contractor have caused this Sewer Construction Agreement to be executed by' their du~y authorized representatives in triplicate on the ~ay and year first .above.~written. CITY OF CARMEL CARMEL PLAZA COMPANY -B- STATE OF INDIANA ) .. ) SS: COI~NTY OF //~z~/~ ) Before me, a Notary Public in and~or said C. ounty and · Stat.~, pe~so,n, ally ?appeared (~-~ '~' ~' /~ ~..yj ~.~-~/ , the '..L_].?/~ ~ .~,./~-¢~ ~.' .--~-~.~ , of the City of Carmel, who, having been duly sworn, acknowledged the execution of the foregoiog Sewer Construction Agreement for and on behalf of the City of Carmel as its duly authorized officer and stated that the representa- tions contained therein are true. Witness my hand and Notarial Seal ~(~t.'-'?~-~, 1979. this?~'' day of My Commission Expires: ~4y County of Residence is: STATE OF INDIANA ) ) SS~ Before me, a Notary Public in and for said County and State, personally appeared Jack B. Kellams , the General Partner of Carmel Plaza Company an Indiana limited partner-. ship, who, having duly sworn, acknowledged to the execution of the foregoing Sewer Construction'Agreement for and on behalf of said partnership as its duly authorized partner and stated that the representations contained therein are true. Witness my hand and Notarial Seal this 23rd day of December ., 1979. My Conunission Expires: 6-2~-81 My County of Residence is: Marion ~.~ce ~4%. Besett ) ~ .~-~ Notary Public STATE OF INDIANA COUNTY OF~-~×~7 ) 'SS: ) Before me, a Notary public in and fo~ said C'~unty and State, personally appeared Ja'ck B. Kellams for and on behalf of Hatfieid & Kellams, Inc. who, having been duly sworn, acknowledged the execution of the foregoing Sewer C6nstruction Agreement and stated that he is Of legal age'and citizeD of the United State and that the represen- tations contained therein are true., for and on behalf of Hatfield & Kellams, Inc. Witness my hand and Notarial Seal this23rd day of December', 1979. My Commission Expires: 6-24-81 My County of Residence is: Marion ~e ~A.q Besett ) Notary Public This instrument was prepared by Thomas W. Dinwiddie, Attorney-at-Law. Part of the N~rth Half.of the Northeast Quartor of Section 36, Township 18. North, Range 3 East in Hamilton County, Indiana, described as ~ollows: Beginning at a point on the East line. of the Northeast Quarter of Section 36, Township 18 North, Range 3 Ee. st '804.23 feet South 00 degrees 00 minutes 00 seconds (assumed bearing) from the North- east corner of sai~ Northeast Quarter; thence South 00 degress 00 minutes 00 seconds on .said East line 383.77 feet;, thence South 89 degrees .27 minutes 30 seconds West parallel with the North lJn~ of said Northeast Quarte? 694.27 feet to~the Easterly right-of-. way line of the Morion Railroad; thence North 00 degrees 38 minutes 00 seconds West. on said right-of-way line 559~00 feet to a point 628.97 feet. South of ga.id North line; t~hence .North 89 degree~. 27 minutes 30 .seconds East parallel with said North line 461.33 feet to a point.239.12 feet South 89 degrees 27 minUtes 30 seconds West of said E~stk line; thence South 00 degrees 00 minutes 00 seconds East parallel with the East line of said Northeast Quarter 173.00 feet; thence North 90 degrees 00 minutes 00 seconds East 239.11 feet to the place of beginning. ;~ ~sel,ent- Description for Sanitary Se~er ~' A strip of land t~e~ty (20) feet in ~idth by parallel he East side of the foIl~ing described real estQte: lines off Part of the Sbutheast Quarter of Section 36, Tovmship 18 North, ange 3 'East in Hamilton County, Indiana, more particularly described s fol lo~s: Co~mencipg at the Nortl~east corner of the Southeast Quarter of action 36, To~.'nsl~ip 18 North, Ra'nge-3 East'; thehce South 00 degrees 0 minutes 00 seconds (assumed bearing) on and along th~ East line of aid Southeast Quarter 858.15 feet to the North right of ~,a)' of Carmel ,rive; thenc~ South 90 degrees 00 m.inute's 00 seconds West on and along aid right of way line 755.00 feet to the '~rue p}ace of beo~inning of bis tract; thence &ontinuing South' 90-degrees 00 minutes 00 seconds lest on and along said right of x~av line. 16.43 feet to the point of urvature of a curve to 'the right ~aving a red{us of 481.07 feet, adfus pgint of ~ohich bears North 00 degrees 00 minute's 00 seconds 'rom said point; thence Nortbi~esterly .on and along sa'id curve to. the ight on said right of 'way line 339.67 feet to a point which is Sou~h ' ,0 degrees. 27 minutes 19 seconds West from s.a.id radius point; thence ~or~h 49 degrees 32 minutes hl seconds West on and along said right ~f ~.'ay line 52..40 feet-to a point on a .curve in the' Easterly rig'nt ~f ~ay line of the ].1orion Railroad', the radius point of ~.,hich bear~_s ~or~h 50 degrees 29. minutes .05 ~e'conds 1$esr 19/,3.08 'feet from said ~oinn; then'ce Dortbeasterly on and a]ong said curve to the left in ;aid right of xoay 62h. 37 feet to. a point which is South 68 degrees., i3 minutes ~4 seconds East 1943.08 feet from sa~d radius point; thence ;outh 89 degrees 49 minutes 30 seconds East parallel ~ith the North .ine of said Southeast Quarter 54.71 feet; thence South 00 degrees )0 minutes 06 sec6n'ds Wesf 685.56 feet to the place of beginning.