HomeMy WebLinkAboutAshton HOA/STREET/Reimbursement Agreement for Tree Removal1
AGREEMENT FOR REIMBURSEMENT
This Agreement for Reimbursement (the “Agreement”) is hereby entered into by and
between the City of Carmel, Indiana (the “City”), and the Ashton Homeowners Association
(“Ashton HOA”).
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE: Ashton HOA acknowledges that it has read and understands
this Agreement and agrees that its execution of same constitutes its acceptance of all of the
Agreement’s terms and conditions.
DESCRIPTION OF WORK: The City agrees to remove six trees from the Ashton Subdivision (the
“Services”).
REIMBURSEMENT: Ashton HOA shall reimburse the City Two Thousand and Four Hundred Dollars
($2,400.00) for the Services. The City shall notify Ashton HOA when the Services are complete, and
Ashton HOA shall pay the reimbursement amount within thirty (30) days of notification.
INDEMNIFICATION: Ashton HOA shall indemnify and hold harmless City from and against any and
all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees)
for injury, death and/or damages to any person or property arising from or in connection with the
City’s Services pursuant to or under this Agreement. Ashton HOA further agrees to indemnify,
defend and hold harmless City and its officers, officials, agents and employees from all claims and
suits of whatever type, including, but not limited to, all court costs, attorney fees, and other
expenses, caused by any act or omission of the Ashton HOA and/or of any of Ashton HOA’s agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed
by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that,
in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such
lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the
appropriate venue for and has jurisdiction over same.
CONTACT INFORMATION:
Ashton HOA: Sara Gormley, 317-508-7208, sjgormley4@gmail.com
(Contact name, phone number, and email address)
REPRESENTATIONS AND WARRANTIES: The parties represent and warrant that they are authorized
to enter into this Agreement and that the persons executing this Agreement have the authority to
bind the party which they represent.
BINDING EFFECT: The parties, and their respective officers, officials, agents, partners, successors,
assigns and legal representatives, are bound to the other with respect to all of the covenants,
terms, warranties and obligations set forth in Agreement.
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ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it,
have had the opportunity to obtain legal advice and assistance of counsel throughout the
negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress,
undue influence or coercion.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Ashton Homeowners’
by and through its Street Department Association, Inc.
By: By:
Matt Higginbotham Authorized Signature
Printed Name
Date:
Title
Date:
Sara Gormley
Treasurer, Ashton HOA
03-25-25
03-26-2025