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HomeMy WebLinkAboutBrookshire Lift StationAGREEMENT This Agreement has been entered into this 2.6th day of' August, 1980~, by ttughey, Inc., an Indiana Corporation ("Hughey")', Lumber Mart, Inc. , an'Indian~ corporation ("LMI") , ~.~ohawk Crossing, Ltd., an Indiana limited partnership ("Mohawk"), Brenwick Development Company, Inc., an ("Brenwick"), Schutz & Thompson, Inc., ("ThompSon"), Eden Estates Company, an Indiana corporation an Indiana corporation Indiana corporation ("Eden Estates"), Woodfield Development Company, Inc., an Indiana corporation ("Woodfield"), Brookshire Village Corporation, an Indiana corporation ("Brookshire Village") and Cool Creek North, an Indiana partnership ("Cool Creek"). Recitals 1'. LMI, Mohawk~ Brenwick~ Thompson, Eden Estates, Woodfield, Brookshire Vi.llage and Cool Creek (hereafter jointly referred to as the "Developers") have agreed with the City of Carmel, Indiana (';Carmel") to construct a s&wage holding tank of 400,000 gallons and to connect such tank (the "Brookshire Holding Tank") to the Carmel sewer system. 2. Pursuant to its agreement with the Developers, Carmel will issue to the Developers 75 building'permits and sewer connection permits for buildings to be constructed and connected to Carmel sewers 'leading to the Brookshire Lift EXHIBIT A TO LETTER AGREEMENT BETWEEN THE CITY OF CARMEL~ INDIANA, ANiD HUGHEY, INC., DATED AUGUST 26, 1980. Station, which connections will be made available by the completion of the Brookshire Holding Tank. Occupancy pe~-mits for said buildings will not be issued until after the Br0okshire Holding Tank is completed, connected to the Carmel sewer system, and approved by Carmel. 3. Carmel has committed to expanding the capacity of the Brookshire Lift Station. After the Brookshire Holding Tank is connected to the Carmel sewer system and the expansion of the capacity of the Brookshire Lift Station is completed, Carmel, pursuant to its agreement with the Developers, will allow an additional 1025 connections to the Carmel sewers leading to the Brookshire Lift ~aily flow does not exCeed the line flow by more than 35'0,000 Station provided the additional 840,000 gallons per day base gallons. Eight hundred and seventy seven (877) of said additional ~1025 building permits and sewer connection permits will be issued to the Developers, with the remainder to be allocated by Carmel. Occupancy permits for. buildings constructed pursuant to said permits will not be issued until after the c~mpletion and final acceptance by Carmel of the expansion of the capacity of the Brookshire Lift Station. 4. Unless the Brookshire Holding Tank is constructed and connected to the Carmel sewer system, no building permits or sewer connection permits will be issued by Carmel for any building which would connect to a Carmel sewer leading ~to the -2- Brookshire Lift Station until north-south interceptor is early 1983. Therefore~ the construction of the proposed completed, probably in late 1982 or Agreement in consideration of the promises set out in this Agreement and other valuable consideration, Hughey, Mohawk, Brenwick, Thompson, Eden Estates, Woodfield, Brookshire Village and Cool Creek agree as follows: 1. Hughey shall construct the Brookshire Holding Tank in accordance with the agreement between the Developers and Carmel.- The Developers shall pay Hughey all direct and indiredt costs incurred by Hughey in constructing the Brookshire Holding Tank, including, but not limited to, direct labor, equipment and materials, subcontractor costs, legal and engineering fees, permit fees,.land or rights-of-way costs, insurance, and accumulated interest, plus fifteen percent ~15%) of all such direct and indirect costs 'except land or ~ights-of-way costs, which amount includes a supervision fee. The total amount due ~ughey by the Developers for constructing the ~rookshire Holding Tank C'Construction Cost") shall be determined within thirty C301 days following the connection of the Tank to the Carmel sewer, system and its approval by both Carmel's consulting engineers and.Carmel's City Engineer. The Developers shall be liable to Hughey for the' Construction Cost in'accordance with the following allocation: -3- Developer LMI Mohawk and Brenwick % of Construction Cost 13.2353% 18.3824% Thompson and Eden Estates Woodfield Brookshire Village Cool Creek 36.7647% 6.0924% 12.8151% 12.7101% 2. The estimated construction, design, inspection, and review costs for the holding facility are $175,000. The Developers shall deliver to Hughey irrevocable letters of credit issued by a national bank or a bank chartered under the laws of the State of Indiana naming Hughey as beneficiary in the followCng ~amounts: Developer LMI Mohawk & Brenwick Thompson & Eden Estates Woodfield · Brookshire Village Cool Creek Amount $23,162 32,169 64,338 10,662 22,426 22,243 Payment on said irrevocable Ietters of credit shall be ~conditioned on Hughey providing the bank, in addition to the letter of credit, (1) a written certificate s~gned~by .an o~ficer of Hughey stating that the amount drawn is due and payable by the accountee 6r customer to Hughey by. reason of the completion of the construction of the Brookshire Holding Tank, (2) a written certificate of an authorized person with -4- Carmel' s consulting engineers stating that the Brookshire Holding Tank has been completed, connected to the 'Carmel sewer system and recommended for approval, and (3) a written certificate by Carmel's City Engineer statin~ that the Brookshire Holding Tank has been completed, connected to the Carmel sewer system and approved by Carmel's City Engineer. If the Construction Cost exceeds $175,000, the Developers will pay the balance due Hughey within thirty (30) days after receipt of invoices from Hughey. If the Construction Cost is less than $175,000, Hughey shall return to the Developers the excess collected after payment 'on the letters of credit within thirty (30) days. 3. The first seventy-five C75~ building permits and sewer connection permits issued by Carmel which are made available by the construction of the Brookshire Holding Tank at the Developers' expense will be allocated among the' Developers as follows: Developer Number of Permfts LMI Mohawk and Brenwick Thompson &'Ede~ Estates Woodfield Brookshire Village' Cool Creek 18 3 8 24 Each of the Developers will be issued a certificate, in the f~rm attached hereto as Appendix A, for each permit allocated -5- to such Developer. At the time of the receipt of such certifi- cates each of the Developers shall deliver to Hughey a check made payable to Hughey in the amount of One Hundred Sixty Dollars ($160.00) times the number of certificates received. Five Thousand Dollars ($5,000.00) of said amount collected by Hughey at the time of the issuance of the certificates will be retained by Hughey to pay the costs for operating and maintaining the Brookshire Holding Tank. The remainder shall be refunded by Hughey to the Developers in accordance with paragraph 5 below. If Hughey needs additional amounts to cover the costs of operating, maintaining and repairing the Brookshire Holding Tank, Hughey shall assess the Developers for such amounts in accordance with the percentage of partici- pation of each Developer in the Construction Cost, as specified in paragraph 1 above. The Developers shall pay Hughey the amount, assessed within thirty (30) days after receipt of the invoice from Hu~hey. 4. Eight hundred and seventy-seven (877) of the additional one thousand and twenty-five (1025) building permits and sewer connection permits issued by Carmel which are made available by the construction of the Brookshire Holding Tank at the Developers' expense and the expansion of the capacity of the Brookshire Lift Station shall be. allocated among the De~elopers as follows: -6- Developer Number of Permits LMI 108 'Mohawk and Brenwic~ 162 Thompson and Eden Estates 347 Woodfield 50 Brookshire Village 113 Cool Creek 97 The remainder of said 1025 building permits and sewer connection permits will be issued by Carmel to the Developers or any other party. For each of the 1025 permits, whether issued to the Developers or.any other party, there shall be a charge equal to the Construction Cost divided by 1100 plus an amount to reflect anticipated operation and maintenance expenses and an appropriate interest charge ("Permit Surcharge"). Hugh~y will inform Carmel ~f the amount of the Permit Surcharge within thirty (30) days following the determination of the Construction Cost in accordance with paragraph 1 above.~ Until the north- south interceptor is placed.in service, Carmel w~ll not issue any building and sewer connection permit to any person for a building to be connected to a sewer leading to the Brookshfre Lift Station .unless such'persoh has a ce~tificat~ in the form aCtached~hereto as Appendix B. Furthermore,' Carmel will not approve any sewer permits for any final plat 'for any sedtion or sections of a development upon which a building honstructed would connect to a sewer~leading to the Brookshire Lift" -7- its share of an operation and-maintenance cost assessment. -8- -9- CERTIFICATE a building permit and sewer to be constructed on Lot connection permit in Section is entitled to for a building of and connected to a sewer leading to the Brookshire Lift Station, which connection was made available by the construc- tion and connection to the Carmel sewer system of the Brookshire Holding Tank at the exp~nse of Lumber Mart, Inc., Mohawk Crossing, Ltd., Brenwick Development Company, Inc., Schutz & Thompson, Inc., Eden Estates Company, Woodfield Development CompaNy, Inc., Brookshire Village Corporation and Cool Creek North (the "Developers"). The bearer of this Certificate has paid to Hughey, Inc. the Permit Surcharge for the connection authorized by this Certificate. Dated this day of HUGHEY, INC. , 19'8 . By Representative for the Developers APPENDIX B