HomeMy WebLinkAboutMrs. May Johnson/5th St NE/SewerConstructionSEWER CONSTRUCTION AGREEMENT
This Agreement made and en'tered into this l&~tday of
~, 1979 by and between the City of Carmel, Indiana
{"City"), and Mrs. May Johnson,("Owner") .WITNESSETH THAT:
WHEREAS, Owner is the owner of the real estate located
at .~.3Q 5th Street N.E.
WHEREAS, Owner has heretofore applied to the City for
the construction of a sanitary sewer extension {Sewer) in
5th St. N.E. as shown in Exhibit "A" attached, and hereto and
by reference made a part of.
WHEREAS, the City has agreed to the consltruction 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 and City agree as follows:
1. Owner is authorized to construct or ca~se the Sewer
to be constructed in accordance with the Plans and Specifications
which has4~ been approved by
2. All work performed
exp~nse to the City.
the City.
by Owner shall be
done without
3. The City will accept the Sewer upon its completion
in accordance with the Plan and Specific.ationsi and upon such
completion, the Sewer shall become a part of the public sewer~
sytems of the City with title thereto vested in the.City and
otherwise under its full control,aauthority and jurisdiction.
4. City acknowledges that the cost of the Sewer is
$3837.00 and agrees that the cost shall'6e recouped by Owner
from the ownePs of any real estate that may be benefitted by
the Sewer at the time that such realaestate obtains the
benefit of the?Sewer as a local sewer charge to be collected
by the City and reimbursed to the owner.
The '!City" agrees to
collect
from the 2nd user
the extension an amount equal to ½ of the cost
connections to
o~ $1918.00. In
the event more than 2 user connections are made'tor~the "Sewer".
Then the local sewer cost shall, be recomputed by dividing the
original cost'by the total number of connections. The revenues
from any such additional connection shall
back to all parties previously paying the
the "Owners".
5. No permit or authorization shall
be distributed equally
local cost, including
be issued by the City
for connection.to, or an-ex~tens-io~..~of the~.:Sewer' until, all
federal, state and local statutes, ordinances and regulations
have been satisfied and City has collected an amount necessary
for owner to recoup an amount proportionate to the number of
connections made to the sewer.
6. City shall have the right to supervise and direct the
construction of the Sewer in'accordance with the Plans and
Specifications.
7. The rights of Owner under this Agreement may be
assigned, and in the event of an assignment, any amounts
payable hereunder shall be paid to any assignee after written
noti~e=of the assignment is made to the City.
8. Notwithstanding anything herein expressed or impl%ed
to the~ contrary, Owner shall not recoup more than the total
cost of the Sewer, $3837.00 less her proportionate share of the
cost.
IN WITNESS WHEREOF, Owner and City caused this Sewer
Construction Agreement to be executed by their duly authorized
representatives in duplicate on the day and year first abo~e
written.
CITY OF CARMEL
STATE OF INDIANA
COUNTY OF
Before me, a Notary Public in and for s~ild County and
State, personnally appeared
the
, of~the City of Carmel, who, having
been duly sworn, ~acknowledged the execution of the foregoing ~
Sewer Construction Agreement for and on behalf of the City of
Carmel as its duly authorized officer and stated that the represent-
ations contained therein are true.
Witness my hand and Notorial Seal this
, 1979.
day/of
My Commission Expires:
) Notary Public
My County of Residence is:
STATE OF INDIANA )
COUNTY O~ SS:
Before me, a Notary Public in and for s~'ild County and
State, personally appeared C~ ~ ,~, who, having
duly sworn, acknowledged to the execution of the foregoing Sewer
Construction Agreement and stated that the representations contained
therein are true.
Wintess my hand,and
My Commission Expires:
My County ef Residence is:
Notorial Seal this ~ day of
This. instrument was prepared by Fred Hohl, City Engineer~