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AGREEMENT FOR PAYMENT FOR SANITARY SEWER SERVICE
This Agreement for Payment for Sanitary Sewer Service, entered into this _
day of ,2007, is by and between the CITY OF CARMEL UTILITIES, a
water and sewer utility ("CCU"), and Elena Briere ("Customer") for the residence
located at 11910 Forest Lane. Carmel. IN 46033.
WITNESSETH
WHEREAS, the Customer desires wastewater collection and treatment service for
its residence located at 11910 Forest Lane. Carmel. IN 46033 (the Residence), in
Northwood Hills subdivision, Hamilton County, Indiana, which is identified in the records of
the County as Parcel No. 1710340302009000; and
WHEREAS, to provide such service to Customer, CCU has installed sanitary sewer I
lines and all other necessary infrastructure (the Sanitary Sewer Lines) to the Northwood .
Hills subdivision and to the property line of the Residence; and '
WHEREAS, the cost of installing the Sanitary Sewer Lines to the property line of
the Residence is a cost to be paid by the Customer; and
WHEREAS, CCU has agreed to allow the Customer to pay the cost of the
installation of the Sa\litary Sewer Lines over a thirty (30) year period; and
WHEREAS, CCU and the Customer have agreed to the repayment structure as set'
forth herein.
NOW, THEREFORE, the parties, in consideratio'n of the mutual promises set forth
below, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, agree as follows:
ARTICLE I
RIGHTS AND RESPONSIBILITIES OF CCU
1.1 Provision of Service. CCU has installed the Sanitary Sewer Lines, at its .
expense, to the property line of the Residence. CCU will provide sanitary sewer service at .
the property line of the Residence. The Customer shall bear the responsibility and cost of I
connecting the Residence to the Sanitary Sewer Line.
1.2 Rates and Charqes. CCU will impose the applicable rates and charges to
the Customer for the Customer'S connection to the Sanitary Sewer Lines and the
rendering of sanitary sewer services to the Residence. Recurring monthly charges for
sanitary sewer services shall be billed to Customer in accordance with CCU' s established
billing procedures.
1.3 Maintenance. CCU shall have the right to maintain its Sanitary Sewer Lines.
installed within the public right of ways and/or utility easements. The Customer and any I
subsequent owner shall be responsible for the maintenance of its service lateral to the I
Sanitary Sewer Lines.
1.4 CCU' s Liabilitv. CCU will not be liable for any damage resulting from the use,
of the Sanitary Sewer Lines, unless the damage results directly from CCU' s gross
negligence. CCU does not guarantee, but will endeavor to furnish, continuous sanitary
sewer service to Customer. CCU will not be liable for loss or damage, whatsoever and'
however occurring, which Customer may sustain by reason of CCU's failure to provide
Customer with sanitary sewer service.
,
ARTICLE II
RIGHTS AND RESPONSIBILITIES OF CUSTOMER
2.1 Payment of Installation Cost. The Customer is responsible for reimbursing
CCU for the cost of installing the Sanitary Sewer Lines to the property line of the
Residence. The Total of the Project Costs are $8.900.00 Eiqht Thousand Nine Hundred
Dollars and No Cents, which shall be paid in full on or before Auqust 1. 2037. The Total
of the Project Costs represent the Customer' sfair share of the cost of constructing the'
Sanitary Sewer Lines and all applicable costs.
Unless paid sooner at the option of the Customer, the Customer shall pay the'
Balance of the Project Costs in equal monthly payments over 10, 20 or 30 years in .
accordance with the schedules attached hereto as Exhibit A. The Total Project Costs will
be billed on a monthly basis. In addition to the interest charges set forth below and any:
other remedies available to CCU pursuant to this Agreement or by law, payments made
late will be assessed a penalty as set forth in paragraph 2.3. The Total Project Costs shall
bear interest on the unpaid principal balance at the rate of (i) 4.8% per annum until the
Total Project Costs are paid in full. The Total Project Costs may be prepaid in full or in
part at any time without a prepayment penalty or premium.
The obligation of the Customer to make the payments required hereunder'
shall be absolute and unconditional without defense or set-off by reason of any default by
CCU under this Agreement or for any other reason, it being the intention of the Customer
and CCU that the payments hereunder will be paid in full when due without any delay or
diminution whatsoever. The Customer hereby unconditionally waives diligence,
presentment, protest, notice of dishonor and notice of default of the payment of any
amount at any time due and payable to CCU or its assigns under or in connection with this
Agreement. All amounts payable hereunder are payable without relief from valuation and
appraisement laws.
2.2 Conveyance of Residence. If the Customer sells or otherwise conveys the
Residence or any interest of Customer in the Residence, this Agreement may be assigned
to the new Customer (Owner). Both parties shall notify CCU of such change. Both parties
agree that a new Agreement shall be signed by the new Customer (Owner) and that said'
Agreement shall be recorded with the Property.
,
2.3 Late Payments. The failure to timely pay any rate or charge referenced.
herein may result in a ten percent (10%) penalty on the unpaid monthly payment, in'
addition to any other penalties or fees set forth herein or allowed by law.
2.4 Nonpavment. The Customer's failure to pay any amount referenced'
herein when due may, in addition to the other remedies set forth herein and/or otherwise:
allowed by law, result in the termination of service to the Residence. In the event of the,
nonpayment of any qmount of principal or interest payable hereunder when due, the entire
unpaid balance of principal and interest shall become due and payable immediately,'
without notice, at the election of CCU.
2.5 Future Customers. The Customer releases all right to refuse, or remonstrate
against, any future customers. The Customer also agrees that it will not disconnect from
CCU'S sanitary sewer system and connect to another sanitary sewer system operated by
the Customer or any other party.
2.6 Use of Sanitarv Sewer Lines. The Customer will refrain from discharging or
using the Sanitary Sewer Lines in any way that in any way inhibits CCU from providing
. '
service or causes damage to the Sanitary Sewer Lines. The Customer is prohibited from
working on or altering the Sanitary Sewer Lines, and the Customer will not permit or allow:
the unauthorized connection or extension of the Sanitary Sewer Lines or any part of
CCU's sanitary sewer system.
2.7 Inflow and Infiltration Prohibited. The Customer will not permit storm water or
water from downspouts, sump pumps or yard drains to run into the Sanitary Sewer Lines.
If ground water enters the Sanitary Sewer Lines through the Residence or the lateral
connecting the Residence to the Sanitary Sewer Lines, the Customer is responsible for
eliminating the same, at Customer's sole cost.
2.8 Compliance with Ordinances, Rules and Requlations. Customer agrees to
comply with all CCU ordinances, rules, and regulations. The Customer's failure to comply
with CCU' s ordinances, rules and regulations may result in the termination or suspension
of sewer service by CCU to Customer.
ARTICLE III
MISCELLANEOUS
3.1 Entire Aqreement. This Agreement constitutes the entire agreement of and
between the parties hereto, and supersedes any and all prior agreements, arrangement,
and understandings relating to the subject matter hereof.
3.2 Counterparts. Duplicate copies of this Agreement may be executed by one
or more of the parties hereto and all of said counterparts taken together shall be deemed to,
constitute one and the same instrument.
3.3 Captions. The captions to this Agreement are for convenience of reference
only and shall not b, given any effect in the interpretation of this Agreement. .
3.4 Amendment. Neither this Agreement, nor any term or condition hereof, may
be changed, modified, altered, waived, discharged or terminated, except by means of a
written instrument signed by both parties hereto. The failure to insist upon strict adherence
to any term or condition of this Agreement shall not be considered a waiver or deprive a
party of the right thereafter to insist upon strict adherence to such term or condition or to
any other term or condition of this Agreement.
3.5 Authoritv of the Parties. Each party and signatory hereto represents and
warrants that same has the authority to enter into this Agreement and at all times has full
authority to perform this Agreement, and that no further approval or consent by any other
person or authority is required in order for same to do so.
3.6 Severabilitv. If any term or condition of this Agreement shall be deemed to
be prohibited, invalid or unenforceable by a court or governmental agency of competent
jurisdiction, such term or condition shall be ineffective to the extent of such prohibition or
unenforceability, without invalidating the remaining terms and conditions hereof, or
effecting the validity or enforceability of same in any other jurisdiction, or for any other
Customer, and all such remaining Agreement terms and conditions shall remain in full
force and effect.
3.7 Governinq Law. This Agreement shall be governed by the laws of the State
of Indiana.
3.8 Bindinq Effect. This Agreement shall be binding upon the parties hereto and
upon their respective heirs, successors and assigns.
CITY OF CARMEL UTILITIES
By:
Printed: John Duffy, Utility Director
Date:
CUSTOMER
By: 8&.It~ I6f/eJ!t7
Printed: Elena Briere
BY:~~~
Printed:
Date: t/S. (f!. oJ
Date: 0/ J. /Ifl. o?
,
PAYMENT TERMS: (Please seiect one)
7
10 years
~
30 years
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
John Duffy, the Director of the City of Carmel Utilities, who acknowledged the execution of
the foregoing "Agreement for Payment for Sanitary Sewer Service" on behalf of the City of
Carmel Utilities.
WITNESS MY NOTARIAL SEAL this _ day of
,2007.
Notary Public:
Printed:
County of Residence:
My Commission Expires:
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Elena Briere., and acknowledged the execution of the foregoing "Agreement for Payment
for Sanitary Sewer Service" as his/her voluntary act and deed.
WITNESS MY NOTARIAL SEAL this ~ay of ..I!J.Jif--' 2007.
, j) .
Notary Public: i'JjjJ."
Printed:
This Instrument was prepared by:
Douglas C. Haney, Esq.
CITY ATTORNEY
Carmel Department of Law
One Civic Square
Carmel, IN 46032
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My County of Residence:
My Commission Expires:
EXHIBIT A
NORTHWOOD HILLS
TOTAL SEWER CHARGES
$8,900.00
If you choose: 10 Years Your Monthly Payment would be $93.53 at 4.80/. Total Paid after 10 years $11,223.60
20 Years Your Monthly Payment would be $57.76 at 4.80/. Total Paid after 20 years $13,862.40
30 Years Your Monthly Payment would be $46.70 at 4.80;' Total Paid after 30 years $16,812.00
TOTAL WATER CHARGES
$5,100.00
If you choose: 10 Years Your Monthly Payment would be $53.60 at 4.8o/c Total Paid after 10 years $6,432.00
20 Years Your Monthly Payment would be $33.10 at 4.8o/cTotal Paid after 20 years $7,944.00
\
30 Years Your Monthly Payment would be $26.76 at 4.8o/cTotal Paid after 30 years $9,633.60
AGREEMENT FOR PAYMENT FOR WATER SERVICE
This Agreement for Payment for Water Service, entered into this _ day of
,2007, is by and between the CITY OF CARMEL UTILITIES, a water
and wastewater utility ("CCU"), and Elena Briere ("Customer") for the residence located
at 11910 Forest Lane, Carmel. IN 46033.
WITNESSETH
WHEREAS, the Customer desires water service for its residence located at
11910 Forest Lane, Carmel. IN (the Residence), in Northwood Hills subdivision,
Hamilton County, Indiana, which is identified in the records of the County as Parcel No.
1710340302009000; and
I
WHEREAS, to provide such service to Customer, CCU has installed water lines I
and all other necessary infrastructure (the Water Lines) to the Northwood Hills:
subdivision and to the property line of the Residence; and
WHEREAS, the cost of installing the Water Lines from the property line to the
Residence is a cost to be paid by the Customer; and
WHEREAS, CCU has agreed to allow the Customer to pay the cost of the
installation of the Water Lines within thirty (30) years after installation is complete; and
WHEREAS, CCU and the Customer have agreed to the repayment structure as
set forth herein. ,
NOW, THEREFORE, the parties, in consideration of the mutual promises set.
forth below, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, agree as follows:
ARTICLE I
RIGHTS AND RESPONSIBILITIES OF CCU
1.1 Provision of Service, CCU has installed the Water Lines, at its expense,
to the property line of the Residence. CCU will provide water service to the property
line of the Residence. The Customer shall bear the responsibility and cost of
connecting the Residence to the Water Line.
1.2 Rates and Charqes. CCU will impose the applicable rates and charges to
the Customer for the Customer's connection to the Water Line and the rendering of
water services to the Residence. Recurring monthly charges for water services shall be
billed to Customer in accordance with CCU, s established billing procedures.
1.3 Maintenance. CCU shall have the right to maintain its Water Lines
installed within the public right of ways and/or utility easements. The Customer and any
subsequent owner shall be responsible for the maintenance of its service line from the
water meter pit to the house.
1.4 CCU, s Liabilitv. CCU will not be liable for any damage resulting from the
use of the Water Lines, unless the damage results directly from CCU' s gross,
negligence. CCU does not guarantee, but will endeavor to furnish, continuous water'
service to Customer. CCU will not be liable for loss or damage, whatsoever and
however occurring, which Customer may sustain by reason of CCU's failure to provide
Customer with water service.
ARTICLE II
RIGHTS AND RESPONSIBILITIES OF CUSTOMER
,
2.1 Pavment of Installation Cost. The Customer is responsible for reimbursing
CCU for the cost of installing the Water Lines to the property line of the Residence. The
Total Project Costs are $5.100.00. Five Thousand One Hundred Dollars and No Cents.
which shall be paid in full on or before Auqust 1. 2037. The Total Project Costs
represent the Customer's fair share of the cost of constructing the Water Lines and all
applicable costs.
Unless paid sooner at the option of the Customer, the Customer shall pay
the Total Project Costs in equal monthly payments over 10, 20 , or 30 years in
accordance with the schedules attached hereto as Exhibit A. The Total Project Costs
will be billed on a monthly basis. In addition to the interest charges set forth below and
any other remedies available to CCU pursuant to this Agreement or by law, payments
made late can be assessed a penalty as set forth in paragraph 2.3. The Total Project
Costs shall bear interest on the unpaid principal balance at the rate of (i) 4.8% per
annum and thereafter until the Total Project Costs are paid in full. The Total Project
Costs may be prepaid in full or in part at any time without a prepayment penalty or
premium.
The obligation of the Customer to make the payments required hereunder
shall be absolute and unconditional without defense or set-off by reason of any default
by CCU under this Agreement or for any other reason, it being the intention of the
Customer and CCU that the payments hereunder will be paid in full when due without
any delay or diminution whatsoever. The Customer hereby unconditionally waives
diligence, presentment, protest, notice of dishonor and notice of default of the payment
of any amount at any time due and payable to CCU or its assigns under or in
connection with this Agreement. All amounts payable hereunder are payable without
relief from valuation and appraisement laws.
2.2 Convevance of Residence. If the Customer sells or otherwise conveys the
Residence or any interest of Customer in the Residence, this Agreement may be
assigned to the new Customer (Owner). Both parties shall notify CCU of such change'l
Both parties agree that a new Agreement shall be signed by the new Customer (Owner)
and that said Agreement shall be recorded with the Property. '
2.3 Late Pavments. The failure to timely pay any rate or charge referencedl
herein may result in a ten percent (10%) penalty on the unpaid monthly or quarterly
payment, in addition to any other penalties or fees set forth herein or allowed by law.
2.4 Nonpavment. The Customer's failure to pay any amount referenced
herein when due may, in addition to the other remedies set forth herein and/or
otherwise allowed by law, result in termination of service to the Residence. In the event
of the nohpayment bf any amount of principal or interest payable hereunder when due,'
the entire unpaid balance of principal and interest shall become due and payable
immediately, without notice, at the election of CCU
2.5 Future Customers. The Customer releases all right to refuse, or
remonstrate against, any future customers. The Customer also agrees that it will not
disconnect from CCU' s water system and connect to another water system operated
by the Customer or any other party, for a period of sixty (60) years from the date of this
Agreement.
2.6 Use of Water Lines. The Customer will refrain from discharging or using
the Water Lines in any way that in any way inhibits CCU from providing service or
causes damage to the Water Lines. The Customer is prohibited from working on or
altering the Water Lines, and the Customer will not permit or allow the unauthorized'
connection or extension of the Water Lines or any part of CCU' s water system.
2.7 Compliance with Ordinances, Rules and ReQulations. Customer agrees to,
comply with all CCU ordinances, rules, and regulations. The Customer's failure to
comply with CCU' s ordinances, rules and regulations may result in the termination or
suspension of water service by CCU to Customer.
ARTICLE III
MISCELLANEOUS
3.1 Entire AQreement. This Agreement constitutes the entire agreement of
and between the parties hereto, and supersedes any and all prior agreements,
arrangement, and understandings relating to the subject matter hereof. .
3.2 Counterparts. Duplicate copies of this Agreement may be executed by
one or more of the parties hereto and all of said counterparts taken together shall be
deemed to constitute one and the same instrument.
3.3 Captions. The captions to this Agreement are for convenience of.
reference only and shall not be given any effect in the interpretation of this Agreement.
3.4 Amendment. Neither this Agreement, nor any term or condition hereof,
may be changed, modified, altered, waived, discharged or terminated, except by means
of a written instrument signed by both parties hereto. The failure to insist upon strict
adherence to any term or condition of this Agreement shall not be considered a waiver
or deprive a party of the right thereafter to insist upon strict adherence to such term or
condition orlo any other term or condition of this Agreement.
. \
3.5 Authority of the Parties. Each party and signatory hereto represents and
warrants that same has the authority to enter into this Agreement and at all times has
full authority to perform this Agreement, and that no further approval or consent by any
other person or authority is required in order for same to do so.
3.6 Severability. If any term or condition of this Agreement shall be deemed
to be prohibited, invalid or unenforceable by a court or governmental agency of
competent jurisdiction, such term or condition shall be ineffective to the extent of such
prohibition or unenforceability, without invalidating the remaining terms and conditions
hereof, or effecting the validity or enforceability of same in any other jurisdiction, or for
any other Customer, and all such remaining Agreement terms and conditions shall .
remain in full force and effect.
3.7 Governinq Law. This Agreement shall be governed by the laws of the
State of Indiana.
3.8 Bindinq Effect. This Agreement shall be binding upon the parties hereto
and upon their respective heirs, successors and assigns.
CITY OF CARMEL UTILITIES
By:
Printed: John Duffy, Utility Director
Date:
CUSTOMER
By: Ii &A.- 4' I6fl/'Re
.By: ~.-.u/a:.~/~
Printed: Elena Briere
Date: ~ ~r It!'. c9 ?
Printed:
Date:
o~ //. 8,?
PAYMENT TERMS: (Select One)
10 years
~
30 years
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally
appeared John Duffy, the Director of the City of Carmel Utilities, who acknowledged the
execution of the foregoing "Agreement for Payment for Water Service" on behalf of the
City of Carmel Utilities.
WITNESS MY NOTARIAL SEAL this _ day of
,2007.
Notary Public:
Printed:
County of Residence:
My Commission Expires:
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared,
Elena Briere and acknowledged the execution of the foregoing "Agreement for Payment
for Water Service" as his/her voluntary act and deed.
WITNESS MY NOTARIAL SEAL this /3/l,dayof m/ff
,
,2007.
Notary Public:
Printed:
~A:~
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"""1'1"\\ I
My County of Residence:
My Commission Expires:
This Instrument was prepared by:
Douglas C. Haney, Esq.
CITY ATTORNEY
Carmel Department of Law
One Civic Square
Carmel, IN 46032
EXHIBIT A
NORTHWOOD HILLS
TOTAL SEWER CHARGES
$8,900.00
If you choose: 10 Years Your Monthly Payment would be $93.53 at 4.80;' Total Paid after 10 years $11,223.60
20 Years Your Monthly Payment would be $57.76 at 4.80/. Total Paid after 20 years $13,862.40
30 Years Your Monthly Payment would be $46.70 at 4.80/. Total Paid after 30 years $16,812.00
TOTAL WATER CHARGES
$5,100.00
If you choose: 10 Years Your Monthly Payment would be $53.60 at 4.8% Total Paid after 10 years $6,432.00
20 Years Your MonthlyPayment would be $33.10 at 4.8% Total Paid after 20 years $7,944.00
,
30 Years Your Monthly Payment would be $26.76 at 4.8% Total Paid after 30 years $9,633.60