The URL can be used to link to this page

Home My WebLink AboutBrookshire Lift Station/Service Area ConnectionsAGREEMENT REGARDING BR00KSHIRE LIFT STATION SERVICE- AREA. CONNECTIONS .w~EREAs The BOard of Public Works and Safety, City of Carmel, Indiana, hereinafter referred to as BOARD, has formulated a sequenc~ of proposed procedures to provide an orderly method to administrate the issuance of building and sewer connection.permits and to accomplish the construction of a 400%000 gallon wastewater holding facility to serve~ the Brookshire pumping ~station area. The construction 0f the holding facility and the issuance of the permits shall be in accordance with the terms and conditions hereinafter set out, and IfHEREAS The Board ~nderstands t~hZ~at Hughey, Inc. is the representative of Lumber Mart, %nQ~, Mohawk Crossing, Ltd., Brenwick DeYe~.opment Company, Inc. , $chutz & ~hompson, Inc. , Eden Estates Company, .W0odf±eld,zDevel6~pmen~e, Com?'a~iy~, Inc., Brookshi~re Village Corporation and Co~l Greek North, hereafter c llect±vely referred to as the DeveloCers, and'is 'entering ±nto__/th~s agreement prificipa!~y as the representative of the DeVelopers~and~has fuil' authority to do so, H ugh ey also executes ~this agreement.~in its individual capacity as to those obligations being incurred hereunder by Hughey, Inc. individually. ~Now Therefore the Parties agree as follows: 1. Hughey, Inc. will build.and connect to the Carmel Sewer ~yst~m an underground, mixed, and enclosed 40q,000 gallon, wAstewater holding facility four developments within the Brookshire Was tewater pumping stat~i6n~service area. .The holding facility shal.l'be constructed and paid for in accordance with the' terms and conditions of this agreement and the agreement between Hughey, Inc. and ~he Developers, -2- a. copy of which is attached hereto and marked as Exhibit A. 2. Hughey, Inc. Shall furnish the BOARD with copies of satisfactory irrevocable letters of credit'from the Developers to Hughey, Inc., in the amount of the estimated construction, design, inspection, and.review~costs for the holding facility. %hat the 2letters" of credit maMked exhibits 1-7 are a partial inducement for "Board" and the City of Carmel to enter this agreement. 3. After acceptance of. the letters of credit from the Develope=st by Hughey, Inc., and approval by the BOARD. the BOARD will authorize the issuance of 75 building permits to Hughey, Inc. for allocation among~thefDevelopers in accordance with the provisions of paragraph 3 of Exhibit A, page 5. That..the parties hereto agree that whecever~- the number."75" is referred to regarding the number of building permits and sewer connection permits nhat of such have been i~ssued previous to the execution the number of 75 includes these 27 permits 75 permits 27 of such permits of this agreement. That previously iAsued. 4. Hughey, Inc. will bear all expenses, for design, construction, inspection, operating and maintenance of the holding facility ~nd shall retain ownership of the holding facility. The holding facility will be located on the Developers' sitm and the design and location of the holding facility must have. the approval of the BOARD before constr~ction begins. 5. All costs incurred by the City because of the holding facilit~ shall be born by Hughey, Inc., including~consulting engineering fees and charges for engineering and inspection by City personnel. SerP±ces by consulting engineers for th~ City will require a retainer by~'Hughey, Inc., at the time the services are requested. Hughey, inc.~, shall pay the City within 30 days from receipt of billings for the City's~costs. That Hughey, Inc. promzses -3- to save harmless the City of Carmel, Indiana I.E.BOARD, from any liens or expenses arising from the project(underground storage ts~' 400~000 gallon wastewater facility), referred to in this agreement as to the assertion of those claims for such liens or expenses by the parties hereto or other third parties. That such shall also include injuries to the person or property of third parties or their agents or to employees, or agents of the parties hereto. 6. City personnel shall operate the holding facility after approval of said facility by the BOARD. 7. T~ City initially will issue to Hughey, Inc. 75 building and sewer connection permits after ~compliance with paragraph 3 above. In the event more or less than 75 building and sewer p~rmits 'are made available by the holding facility before the mod£fication to the Brookshire lift station, the permits will be issued to the Developers or their representatives on the same percentage basis as the allocation of the first 75 permits as specified in paragraph 3 of Exhibit A, page 5. After the completion of the modifications to the Brookshire lift connection permits for an additional (320 gallons per day/each) or for an station, building and sewer 1,025 equivalent residential units additional 350,000 gallons per day flow above the current 840,000 gallons per day base line flow, whichever is greater, will become available. The City will collect, pursuant to all applicable Ordinances, normal sewer availability, connection and user charge~ from all persons, including the Developers, issued building and sewer connection permits made available by the holding facility. 8. Should Hughey, Inc. fail to satisfy all obligations under -4- this agreement, the. City shall not guarantee issuance of occupancy ~permits and shall be ~held .harmless fo~ any claims ~resul~±ng ther~- from. Occupancy permits for the 75 original units will not be issued until after the' h61ding facility is completed and approved by the BOARD. 9. Affer completion of the holding facility, but not before ApCil 1, 1981, the BOARD will~ begin approving additional ~uilding permits toward equivalent residential units (320 .gallons per' day/ each) up to 1,025 permits or the capacity of the lift station. Occupancy permits for these units will not be issued until after the completion and final acceptance by the BOARD of the planned modifications to the Brookshire lift station. 10. Eight hundred and seve~.ty-seven (877) of the additional 1~025 building and sewer connection permits made available by the construction of the holding facility and the modifications to the Brookshire lift station shall be issued by the City to the Developers or their representatives upon' presentation of an executed certificate as prescribed in paragraph 4 ~f Exhibit A, page 6 & 7 appendex B. The remaining permits for 148 equivalent residential units or 47,360 gallons per day,.whichever is greater, will be issued by the BOARD to any person, including the Developers, upon. presentation of an executed certificate as prescribed in paragraph 4 of Exhibit A, pages 6 & 7. While this agreement is in effect, the City will'not approve any ~sewer permits on a final plat for any section or sections of a development being serviced by th~ Brookshire lift station and holding f'acility unt{1 the developer .of such development has obtained, 'and paid for, executed certificates from Hughey, Inc. in accordance.with -5- paragraph 4 of Exhibit A. 11. In order to allow the Developers the opportUnity to recover their costs in constrhction, operating and maintaining the holding facility, Hughey~ Inc. shall be entitled to collect a permit surcharge fo~ ~ach building and sewer connection permit issued while this agreement is in effect. Evidence of the payment of such surcharge must be presented before the City Will issue a building or sewer connection permit. The exact amount of the surcharge shall be determined ~and reported to the City in .accordance ~ith paragraph 4 of Exhibit A, pages 6 & 7. 12. This agreement shall terminate upon completion of construction and acceptance by the BOARD of the North/South Interceptor. If you concur with the proposed procedures, please indicate by s~gning the appropriate space provided below. CITY OF CARMEL, INDIANA Acting by its Board of PuBlic Works and Safety e Aq R'~infan; Mayor and Member Fred Swii~f,. Mem~r -6- Hughey, Inc. individually and as representative of the Developers, accepts and agrees to the terms and conditions set forth in the foregoing letter agreement with the City ~f Carmel, Indiana, acting by its Board of Public Works and Safety. HUGHEY, INC. APPROVED AND ACCEPTED: LUMBER MART, INC. MOHAWK CROSSING, LTD. BRENWICK DEVELOPMENT COMPANY By: '~ COOL CREEK NORTH SCHUTZ & THOMPSON INC. EDE~ ESTATES COMPA~Y WOODFIELD DEVELOPMENT COMPANY, INC. BROOKSHIRE VILLAGE CORPORATION By: ~/~ ~~J STATE OF INDIANA COUNTY OF HAMILTON SS: ~efore me, a Notary Public in arid for the State of -Indiana, personally appeared Albert L..Hughey, who, having been duly sworn, snared that. he had been duly authorized and fully empowered'by Hughey, In~. and Lumber Mart, Inc. no execute the Agreement R~garding Brookshire Lift~ Station .Service Area Connections dated Augusn 26. 1980, for and on behalf ~f Hughey, Witness SePnember, 1980. m a resident .df ~/2/~7y~--~ County, Inc. and Lumber Mart, Inc. / my. hand and Notarial Seal this ~da.~.,~o~~ . ,'~ ..-.-, t .~. :t ~ ~No ~ar~.-Pub?!:h IndLana ~y~ commission expires: STATE OF INDIANA ) ) SS: .COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared Edwin R. Nickell, who, having been duly sworn, stated nhat he had been duly authorized and fully empowered by Brookshire Village Corporation to execute the Agreement Regarding Brookshire Lift Station Service Area -~o~e~ti~'~t~d .A~g~ft'-~-,~ i~80, '~-~'o~ b~h~-~f--~ ' '.- ~- Brookshire Village Corporation. Witness my hand and Notarial Seal this\~t~xday of September, 1980. I. am a=resident of ~I(~N County. Indiana My commission expires: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared George Sweet, who, having been duly'sworn, stated that he had been duly authorized and fully empowered by Mohawk Crossing, Ltd. and Brenwick Development Company to execute the Agreement Regarding Brookshire Lift Station Service Area Connecnions and on behalf of Mohawk Crossing, Company. Witness my hand and Notarial September, 1980. I a~n a resident of /~L~/ County, Indiana My commission expires: dated August 26,- t980~ for Ltd. and Brenwick Development Seal this ~5 ? d~ay ~of~ ~ . , Notary ~bl~c STATE OF INDIANA ) 'SS: COUNTY 'OF HAMILTON ) Before me; a.Notary Public in and Jor the' State of'~ Indiana, personally appeared Larry Dawson, who, having been duly sworn, stated that he had ~been duly authorized and fully empowered by Cool Creek North to execute the Agreement'Regarding Broo~shire Lift Station Service Area Connections dater August 26,' 1980, for ~and on b~half~of Coal Creek North. ~/ Witness my hand and Notarial Seal~this~ ~ay Of ~$ep~embe~, 1980, I am a resident of. Marion County, My commission expires: ~March'15, 1982 Indiana STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me', a Notary Public in and for the State of Indiana, personally appeared Robert C. Langston, who', having been duly sworn, stated that he had been duly authorized and fully empowered by Woodfield Developmenn Company, Inc. to execute the Agreement Regarding Brookshire Lift Station Service Area Connections' dated Augusn 26, 1980, for and on behalf of Woodfield Development Company, Inc. Witness my hand and Notarial Seal. this 8%h_day of September, 1980. ~ _I am~a r~esident of ~ - .-Boone ~ County Indiana My commission expires: ? · '~ 8-26-83 M, srilyn je..c~n Jones¢/ , EN0tary Public STATE'OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared Kenneth-E. Thompson, who, having been duly sworn stated thaf he had been duly au.thorized and fully empowered by Schutz & Thompson, Inc. and-Eden Estates Company to execute the Agreement Regarding Brookshire ~ift Station Service Area Connections dated August:26, 1980, ~or and on behalf of Schutz & Thompson, tnc~ and'Eden Estates Company. Witness my hand' ahd'NotariAl Seal this ~z~-day of September, 1980. I~m ~ resident of ~C~ County, Indiana My commission expires: