HomeMy WebLinkAboutCherry Tree Indemnification Letter - SignedAGRI;);MENT WAIVER ANll R1✓LI;ASI', OF LIABILITY
This Agreement, Waiver and Release of Liability ("Agreement") is made this 10 day of
L 5 2024 by and between Carmel High School Building Corporation ("Property
Owner") and the City of Carmel, by and through its Board of Public Works and Safety ("city").
Recitals
WHEREAS, Property Owner owns that certain real property located at L3989 Hazel Dell
Parkway, Carmel IN 46033, (the "Property");
WHF,REAS, the Property consists of athletic fields and other improvements; and
WHEREAS, Property Owner desires to construct new building expansions known as the
Cherry Tree Elementary Main Entrance and new north Maintenance Storage ("Building"); and
WIIEREAS, the finished floor elevation of the Buildings will be within 2' of the required
freeboard of the 100-year storm event, and below the 100-year storm event for the finished floor
the Main Building due to a courtyard being formed, and of the new north Maintenance Storage
Building Addition as defined in the City of Carmel Stormwater Technical Standards Manual for
"Minimum Flood Protection Grade (MFPG)" per the requirements in Section 102.04 and Section
303.07 for drainage system overflow design.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
I. Incorporation of Recitals. The Recitals set forth above are true and correct and are
incorporated herein by reference.
2. Access to Property,, Property Owner acknowledges the Buildings will be
susceptible to flooding in the event that the on -site storniwater system is plugged.
3. Release and Waiver. Property Owner releases the City from any and all liability
for, and waives any and all claims for, injury, loss, or damage in any way connected with flooding
due to the aforementioned conditions.
4. Indemnification. To the fullest extent permitted under Indiana law, Property Owner
agrees to indemnify and to hold harmless the City from all claims for any liability, injury, loss,
damage, or flooding or flood damage to property improvements.
5. Miscellaneous.
A. Binding Effect. This instrument shall be binding upon Property Owner's
beneficiaries, members, directors, officers, employees, agents, volunteers, successors, and
assigns and shall inure to the benefit of the City and their respective successors and assigns.
B, Severability. If any term or provision of this instrument or the application
thereof to any persons or circumstances shall to any extent or for any reason be invalid or
unenforceable, the remainder of this instrument and the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby, and each term and provision of the instrument
shall be valid and enforced to the fullest extent permitted by law
C.
Aunlicable
Law.
This instrument shall be
governed, construed, and
enforced in
accordance with the
law of the State of Indiana.
D. Counterparts. This Agreement may be executed in counterparts, all ofwhich
counterparts collectively shall constitute one agreement, binding on the parties hereto,
notwithstanding that all parties hereto are not signatories to the same counterpart. An
electronically transmitted or facsimile of a signature shall have the same legal effect as an
originally drawn signature.
[Signature pages) follow]
IN W ITNESS WHEREOF, this Agreement has been only executed by the Parties hereto as
of the day and year first above written.
PROPERTY OWNER:
Carmel High School Building Corpo%%ration l
/
CITY
CITY OF CARMEL, [NDIANA
By and through its Board of Public Works and Safety
BY:
Mayor Sue Finkam, Presiding Officer
Date:
Laura Campbell, Member
Date:
Alan Potasnik, Member
Date:
ATTEST:
JacoU Quinn, Clerk
Date: