HomeMy WebLinkAboutCarmel Plaza/Larry Campbell/Kroger/SewersThis Agreement made and entered into this T~g~'day of
[~ce~e~- , 1979 by. and between the City of Carmel, Indiana
("City"), Carmel Plaza Company, an Indiana limited partnership'
("Owner), and Larry Campbell, an adult ("Contractor") WITNESSETH
THAT:
WHEREAS, Owner is the owner of the real estate described
in Exhibit "A" ("Real Estate") attached hereto and by r~f'erence
made a part hereof; and
WHEREAS, Owner has heretofore applied to the City for the
co'nstruction 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 pa~rt hereof and (c) that portion
'~AO~ the easements held by Public
~ ~nc.~ ~ which is south' of. the Real
estate described in Exhibit "B"
Service Company of Indiana,
Estate and north of the real
("Easement Area"); and
WHER]EAS, Contractor has entered into an Agreement with
Hatfield and Kellams, Inc. for the benefit of Owner for the
construction of the Sewer in accordance with the plans dated
Qctober 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
Sewer in accordance with the terms and conditions hereafter set
forth:
NOW THEREFORE, in consideration of the premises and
other good and valuable consideration, the sufficiency of which
are hereby acknowledged, Owner, City and Ccntractor agree as
f~llows:
1. Owner is authorized to construct or cause the Sewer
to be constructed in accordance with the Plans an~ Specifications
which have beeh approve~ by the City. A complete set of
the Plans and specifications'have b~en filed with and approved
by the City.
2. All work performed by Contractor or
done without ~xpense ~to~t~e~ity.·
3. The City will accept the Sewer Upon.i. tu Completion
in accordance ~ith the Plan and Specifications ~and Upon such
completion, the 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 agrees that the cost shall be recouped by
Owner from the owners of any real estate that may be benefitted
by ~he Se~e-~ ~the time that such real'estate obtains the
benefit~ of the Sewer. The. rate o~'recoupment shall be
$ 26.6~ for each lineal foot of re~l estate on each s~'~e o~
tbe easement, owned by any owner obtaini'ng the benefit of the
Sewer which abuts the Easement Area and the Real Estate. In
~determining the lineal feet of the reali[estate obtaining the
benefit of {he Sewer a~buttin~ tbe Easement Area and the Real
Estate, any real estate di~rectly or indirectly owned by an ~
affiliate of the owner shall be included.
Owner shall be
5. NO permit or authorization~ shall be issued by the City~ .~
for connection to, or an extension of the Sewer until all ~ .....
federal, s{ate and local statutes, ordinances and regulations
have been satisfied and ~ity has collected an amount necessary for
owner to recoup an.amoun, t 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 act'iop, loss or expense of every nature and kind
wh'atsoever at any time asserted against the City or Owner
arising out of or related to the Sewer prior t~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 siffieient Surety in an amount.equal ~to
ten percent (t0%) of~the tota'i cost of the Sewer against defects
on account of workmanship, materials and construction for a
p~riod of three 13) years from the date of acceptance.of the
Sewer 6y the City.
· City sh have the right to SUpervise and direct.
the Construction of the Sewer in accordance with the Plans and
Specifications.--
9'. The.right of Owner Un~er this ~greement may be assigned,
and i~ the ~ve~t ~o~ aN assignment,' any amounts payable hereunder
shall be paid to any assignee after written notice of the assigh-
ment is made to the City.
10. The obligations hereunder are imposed ~pon and run
with any.land which abuts'the Real Estate and the Easement
Area. '
11. Notwithstanding anything herein ex'Pressed.or:._implied ~.
to the contrary, Owner shall not reCoup'more than the total
cost of the Sewer, $iI1,~84.92, less $~9,784.00 benefit cost
o~ owne~property, and Owner shall not be required to pay any
amount for recoupment of th.e cost of the Sewer for any connection
to or extension of the Sewer by OWner. "'
IN WITNESS WHEREOF, Owner City and Contractor have' caused
this Sewer Construction Agreement to b~ executed by their
duly authorized representatives in triplicate on the day and
year first .above'~written.
CITY OF CARMEL
?
CARMEL PLAZA COMPANY
By:
CONTRACTOR
-3-
sTATE OF IND~I.AN~
coUNTY OF
.Before me,
SS:
a Notary Public in and for said County~and
State, personally appeared ,. the
been duly sworn, acknowledged
Sewer Construction Agreement for and
, of the City of Carmel, who, having
the execution of the foregoing
behalf.of.the City of
'Carmel as its dqly a6thorized officer and 'stated that the representa-
tions contained therein are true.
Witness my.hand'and Notarial Seal this
'day.of
, 1979.
( .. .) Notary Public
My Commission Expires:
My County of Residence is:.
STATE OF 'INDIANA )
)
COUNTY OF )
SS:
~Befo~e me; a~Notary Public in and for said county and
S{ate, personally appea{~d , the
~ of Carmel Plaza Company an IndJana.limite~ partner-
ship, who, .having d~ly sworn, acknowledged to the execution of the
foregoing Sewe~ Construction'Agreement for and on behalf of said
partnership as its duly authorized partner ahd stated that th~
representations contained therein are true.
Witness my hand and Notarial Seal this __day of
-, 1979.
)'Notary Public
My Commission Expires:
My County of Residence is:
sTATE OF
couNTY ~F
INDIANA
State,
who,
Before me,
personally appeared
having been duly sworn,
) SS,:
)
a Notary P..ublic
and for said County and~
acknowledged the execution of t~e
foregoing sewer Construction. Agreement.and stated that
of legal age. and citizen of the United State and that the represen-
tations contained therein are true.
day of
W~tness my hand and Notarial'Seal this __
, 1979. --'--
) Notary Public
My Commission Expires:
My Count~ 0J Residence is:.
This instrument was prepared by Thomas W.
Dinwiddie,
Attorney-a%-Law.
-5-
Part of the North Half.bf the Northe[s'~"Qua'~te~ of Section 36,
Tow'nship 18 North, Range 3 East in Hamilton County, Indiana,
described as follows: ~.~ - ~. .~ .
Beginning at a point on the East.line of the Northeast Quarter~
'of section' 36, Township 18 North, Range 3 East 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 sa~_d East line 383.77 feet; ~hence South
89 degrees ~7 m~nutes 30 seccnds West parallel with the North' line
of said Northeast Quarter 694.27 feet to:the Easte'~ly right-of-
way line of the Monon 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 said No~th line; thence North 89 degrees 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 sai~ East tine; 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.
~emenc. Description for So:~R S~ .
.-.: : ~: .. . .
, ' ". ' ' ~.,~t '20) lean ~n ~oidtla by parallel l~nes o :f
A oLr~p of , ,.~_ .¢~. 4escribed real
Pat~ of ~)~a Sbothea~t Quarter ~f Section 36, ToYz~ship 18 North,
~n~e 3 East in Hsmiltoq County,. Indiana', more particularly described
; fol lo,es:
No'~theast cord.er of the S~uthea~t Quarter.of
R~nge::3' f~lk-E:i-~i~-n~ SgoFh O0 degrees. :
beari~g)''on ana--~l'o-ng' the East 1-ine--o-f ..... '
feet to the ~o~th right of ~,ay of 0armel
O0 m~nut6$ O0 seconds. We'st on and alDng
Con~mencing. a.t-' the
oc~ion 36, T6~-'nshiP 18 North,
O minutes 00 seconds (assu~ned
aSd Southeas'~ Quarter 858.15
rive;, thence South 90 ~egre~s
aid right of ~ay line 755.00 feet .tO the '~roe pi. ace of beginning of
his tract; thence 6ointinuing ~outh 90 .degrees O0 minutes O0 se6onds
est on and al6ng said right of ~ay line. 16.43 feet to the poin[ of
urva~ure of a 'curve to 'the right having a rea{us of 481.07 feet, ~he
a~ius'ppint of ~.~hich bears ]~orth O0 degrees O0 minute's O0 seconas
rom said point~ the~ce ]gort]~esterly .on and along saia curve to-the
ight on said right of 'way line 339.6'7 feet to a p. oipt ~hich is Sout. h
,0 Oegrees 27 rain.utes 19 seconds 1..~est from s.a.id radius point: thence
!orth' &9 d~grees 32 .minutes 41 secOnas West on and along said right
,f ~.'ay line 52 40 feet .to a point on a .curve in the Easterly
~f ~oay line of the ].~onon .Railroad', the radius' p.oint of ~.,~ich bears
~orth 50 degrees 29 minutes .05 ge'cones 10est 19z~3.08 'feet' fGbm said
~oJnt; chon'ce q']ortheasterly on and .along said curve-to the left in
~aia right .~f ~ay. 624. 37 feet. to. a point ~h~c]~ is South'68 aegrees
~3 mJm~[os /~1~ seconds East 1943.08 feet from sa~d re.dins point; cl.Q~nce
~ooth 89 dqgrces ~9 minutes 3.0 seconds East paral, lel ~ith the
ine of said Sout]~east Quarter 5~.'71 feet: thee]ce South 00 Oegrees
)0 minutes 06 sec6n'ds We'st 655. 56 . feet to the place of beginning,