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Home My WebLink AboutCarmel/East Carmel LLC/Legacy Water Extension ReimbursementAPPROVED AS TO FORM BY?5 WATER REIMBUARSEMENT AGREEMENT BETNVEEN THE CITY OF C IIARMEL, INDIANA AND EAST CARMEL LLC. This Agreement is entered into by and between the-City of Cannel, Indiana by and through its Board of Public Works and Safety (hereinafter"City") and East Cannel, LLC (hereinafter "East Carmel") on this p day of A),qV 2008. WITNESSETH: WHEREAS, the city has duly adopted and enacted City Code Chapter 9, Division 11, Sections 9-25 through 9-44 (collectively, the "Ordinance") that provides in part for the reimbursement from the "Water Availability - Mains Fund" of private funds expended to extend and oversize the water distribution system, as well as the method of reimbursement and WHEREAS, East Carmel desires to extend the off-site water distribution system for The Legacy Residential Section 1, Phase l (the "Development") as follows: A. Construction Materials - SEE ATTACHED EXHIBIT "A" Asper certified Construction Drawings from Stoeppelwerth & Associates, Inc entitled "The Legacy Residential Section 1 Phase 1 Off Site Water Plans" on file at the Carmel Water Distribution Office (the "Water Extension") WHEREAS, East Carmel desires to receive refunding of reimbursable monies expended on the Water Extension, pursuant to the Ordinance. NOW THEREFORE, the parties agree as follows: A. The foregoing recitals are hereby incorporated herein and made part thereof. B. This written agreement is entered into subsequent to the completion of construction of the Water Extension. C. East Cannel shall advance the sum of S.268 940.00 to or on behalf of the City to pay for the offsite water main extension, the description of which is as follows: Water Main Extension for 146th51 Street. D. The City has determined that the above expenditure is necessary to provide water to current and future developments and to meet the requirements of the City. E. The City and East Carmel agree that East Carmel shall be entitled to reimbursement of the sum of S?77220.00_ pursuant to and in accordance with the terns of the Ordinance, such monies to be paid solely from the "Water Availability- Mains Fund" established by acreage availability charges assessed by the Ordinance. F. The City's sole obligation hereunder shall be to repay the above sum or such portion of the above sum as may be available for payment from monies deposited in the"Water Availability - Mains Fund" only, in accordance with the payment provisions set forth in the Ordinance, and the City does not incur any liability whatsoever for the repayment of same other than to make such payments as are properly available under the. Ordinance from monies deposited in the "Water Availability - Mains Fund". G. Subject to the terms of the Ordinance and this Agreement, payments from the "Water Availability - Mains Fund" to East Carmel towards the satisfaction of the sum,set forth above shall be made on a quarterly basis. Such payments to East Cannel shall be prior to any other payments froim the "Water Availability - Mains Fund" to any other persons pursuant to similar agreements entered into subsequent to the date of this Agreement. H. The City does not.guarantee East Carmel the advanced funds referenced herein will be fully reimbursed. 1. East Carmel agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to East Carmel's performance of its obligations under this Agreement, and all relevant provisions thereof are.incorporated herein by this reference. East Carmel agrees to indemnify and hold harmless City from any all losses, damages costs, attorney fees and/or liabilities resulting from any violation by East Cannel and/or its employees of such law, order, rule, regulation, code or ordinance. This indemnification obligation shall survive the termination of this Agreement. J. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provision, as well as by all City ordinances and codes. The parties further agree that, in the event a lawsuit is filed hereunder, they agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree thatsuch court is the appropriate venue for and has jurisdiction over same. K. East Cannel shall indemnify and hold harmless. City and its officers, officials, employees, agents, and assigns from any and all losses, liabilities, claims, judgments and liens including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent,aet or omission of East Carmel and/or any of its employees and, except for intentional misconduct of its agents, outside sources, contractors or subcontractors, in the performance of the Water Extension and/or this Agreement. This indemnification obligation shall survive the termination of the Agreement. L. East Cannel represents and warrants that it and each of its employees agents, contractors, subcontractors, and outside sources shall comply with all existing and future laws of the United States, the State of Indiana and city, prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting for work and/or in the perforuance of any work on the Water Extension as contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City reserves the right to collect a penalty as provided in IC 5-16-16-1 for any person so discriminated against. This indemnification obligation shall survive the termination of the Agreement. M. East Cannel shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed of record and East Cannel failsto remove it within thirty (30) days after the date of filing thereof. by payment or bonding, the City shall have the right to pay such lien or obtain such bond, all at East Carmel's sole cost and expense. East Carmel shall indemnify and hold harmless the City from any all such liabilities, losses, claims, costs, attorney fees, expenses and/or damages incurred by the City in connection with any such lien or the removal thereof. This indemnification obligation shall survive the termination of this Agreement. N. If any Provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. 0. The terns; conditions and obligations of this Agreement shall be binding on the City and East Carmel; and their respective officers, officials, agents, partners, successors and assigns. P. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof. and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement maybe amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. Q. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person'or entity executing This Agreement on behalf of such party has the"authority to bind such party or the party which they represent, as the case may be. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. EAST CARMEL, LLC By: Platinum Properties, LLC, it's Sole Member BY: Authorized Signature Printed Name ///1 e, e- Jr Title e Date: y/9/ CITY OF CARMEL, INDIANA By and through its Board of Public Works And Safety BY: a /L (4-? /?, yor.Tames Brainard Date: 6- -7 D Ma Ann urke, Member Date: -?U i i Lori Watson, her Date: 5 f -7 LO EXHIBIT "A" LEGACY RESIDENTIAL SECTION 1 PHASE 1, OFFSITE WATER WATER MAIN EXTENSION FOR 146TH STREET WATER MAINS PER PLAN Quantity' Unit Cost Total Cost 8.. MainjLF)_-- 8" Gate Valve(EA) ........ 520- 3 $_24.00 $ 990.00 $ 12,480.00 $ 2,970.00 12" Main_(LF) -- 12" Gate Valve EA ......... 0 1 $ 2.9.50 $1,720.00 $ 5K00- -------- $ 1,720.00 16" Main_(LF) _-_ 16" Gate Valve(EA) ______3,720_ 8 $ 43.00 2,515.00 $ 159,960.00- $- 20,140A0 Bore LF 350 $90.00 $-31,500.00 Fire Hydrants (EA) 11 $ 3,600.00 $ 39,600.00 TOTAL >> $ 268,940.00 WATER MAINS NO OVERSIZING Quantity ' Unit Cost Total Cost 8" Main_(LF) 8' Gate Valve EA 1,860 7 $ 24.00 $ 990.00 $ 44,640.00 $ 6,930.00 12" Main_(LF)____. --- --------- 12" Gate Valve(EA) ...... 2,400 ------- 5 $_29.50 - - -------------- - $1,720.00 $ 70,800.00 --- - - --------- $ 8,600.00 Bore LF 350 $ 73.00 $ 25,550.00 Fire H drants EA 11 $ 3,200.00 $ 35,200.00 ..-TOTAL,'>> $ 191,720.00 ---------------- SUM OF 0VERS0N.G REIMBURSEMENT $ 77,220.00