178077 10/14/2009 CITY OF CARMEL, INDIANA VENDOR: T358878 Page 1 of 1
ONE CIVIC SQUARE CAMDEN WALK LLC
CARMEL, INDIANA 46032 PO BOX 3936 CHECK AMOUNT: $4,272.00
CARMEL IN 46082 CHECK NUMBER: 178077
CHECK DATE: 10114/2009
[iEPARTMENT ACCOUNT PO NUMBER INVO NUMBER AMOUNT DESCRIPTION
604 5023990 4,272.00 7140.00
CITY OF CARMEL
I N
WATER WASTEWATER UTILITIES 760 3RD AVENUE S.W., STE. 110 CARMEL, INDIANA 46032
(317) 571 -2443 FAX (317) 571 -2265
October 9, 2009
Mr. Jim Caito
PO Box 3936
Carmel, IN 46982
RE: Camden Walk Water Main Revenue Allowance
Dear Mr. Caito:
Carmel Utilities agrees to pay the revenue allowance of $534 /lot for the following
addresses:
2449 Turning Leaf
2581 Turning Leaf
2593 Turning Leaf
2580 Turning Leaf
2568 Turning Leaf
2456 Turning Leaf
2444 Turning Leaf
2507 Silver Oaks
Veolia states they have refunded you for 10 lots in August 2001, 7 lots in November of
2005 and 1 lot in August of 2006.
Sincerely,
i
John Duf
Utility Director
i
Indianapolis Water Company
TO: Camden Walk LLC Date: November 9, 1999
P.O. Box 553 Main Ex. Proj. No. J -98 -329
Invoice Number 1
Carmel, In. 46082 Type Contract Developer Installed
Company Fee: $22,022.00
The Indianapolis Water Company acknowledges receipt of the sum of ($22,022.00) as payment toward fees
related to the following main extension:
Camden Walk Sec#1
Upon the acceptance and balancing of the project's receivables, The Indianapolis Water Company will return
an executed copy of the main extension agreement.
IWC252504 In 'anapolis Water Company
IWC- 271003
Credit Account By
Donna A. nn
Indianapolis Water Company
p p Y
Main Extension Agreement
Project Number J -98 -329
Project Name Camden Walk Section 1
THIS AGREEMENT, entered into this ZAd day of dyL� 1999, by and between
CAMOD) AAWj "Developer") and Indianapolis Water
Company, an Indiana corporation "Company WITNESS THAT:
WHEREAS, the Company owns, operates and maintains the water system serving the greater Indianapolis area
and certain areas in the surrounding vicinity; and
WHEREAS, the Developer is engaged in the development of real estate located in:
Clay Township, Hamilton County, Indiana, and has requested the Company to provide water service to future
customers within the real estate development; and
WHEREAS, Developer has requested water utility service to the development as shown on ExhibitA and to other
prospective utility customer's parcels, and the Company is willing to do so upon the following terms and
conditions; and
WHEREAS, the Company and Developer agree the Developer shall at its cost and expense, furnish the
necessary design and engineering services, labor and materials to install the Main Extension and obtain all
necessary easements, permits, right -of -way grants or other authority which is required to provide water service
to and throughout the development as shown on Exhibit A before the start of construction;
NOW, THEREFORE, in consideration of the premises, covenants, agreements and undertakings hereinafter
provided, and each act to be performed pursuant hereto, the parties agree that:
1. Site Utility Plan. Developer shall provide the Company a site utility plan, on 24 -inch by 36 -inch sheets
at 1 30' to 1 50' scale indicating water mains contemplated via both paper and AutoCAD or DXF
disk, with layer description (if AutoCAD, include release number). All main extensions installed to
provide domestic water service shall also provide fire protection service. The Main Extension will be
designed to deliver domestic water service at a rate sufficient to serve the number of parcels abutting
the Main Extension and public fire protection service at a minimum rate of 1,000 gallons per minute at
20 pounds per square inch residual pressure during maximum day. In addition to the above, the
Company will determine the size of main reasonably necessary to serve the applicant consistent with
maintaining the integrity of the Company's distribution system.
2. Review of Site Utility Plan. The Company shall review and approve Developer's site utility plan and
offsite main installation plan, and easement drawings (if required), and calculate the appropriate size
of the indicated water mains, and shall locate fire hydrants, valves and other appurtenances with
respect to the site utility plan and offsite in accordance with the Company's standards and
specifications. The Company may require mains larger than 16 inches in order to provide for future
service. The additional cost of installing such larger mains shall be at the Company's expense unless
they are necessary to the development. The additional cost shall be negotiated prior to execution of
the contract.
The route and extension of any given water main shall be determined in accordance with 170 IAC 6-
1.5-29 (Indiana Administrative Code governing water utility main extensions).
3. Contractor and Materials. The Company shall return approved site plan to Developer, and Developer
shall notify the Company in writing of the installation contractor Developer seeks to engage. The
Company must approve the Developer's selected contractor, and the Company may withhold approval
in its sole discretion. The Company shall inform Developer of any withheld approval within 14 days
after Developer notifies Company of the intended contractor, or contractor approval is deemed.
The Developer shall purchase pipe, fittings, valves, and hydrants and other appurtenances
"Materials All Materials must meet or exceed the Company's published standards and
specifications, and are subject to Company approval.
4. Developer Installation. Upon approval of the contractor and the Materials, the Developer agrees to
commence construction within one hundred and twenty (120) days after the date of the construction
permit issued by the Indiana Department of Environmental Management, and to prosecute
construction to full completion in compliance with all applicable laws and governmental rules and
regulations, with all reasonable diligence consistent with good business practices and the availability
of required equipment, materials and labor. The Developer shall give the Company a minimum of one
week's notice prior to commencing construction.
The Developer hereby agrees that during installation of the Main Extension, the Company will have
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the authority to inspect the ';allation for compliance with Company standards at the Company.
convenience and discretion. (he Company shall have authority to halt construction if the installation
is not consistent with Company standards regarding location, materials or workmanship or with this
agreement but for no other reason. The Developer further agrees the Company may, at its discretion,
during the installation, request, and the Developer will honor such request, changes in the Main
Extension related to location, workmanship and materials.
5. Unforeseen Circumstances. The Company reserves the right to terminate this agreement, without
prejudice to the Company, in the event contaminated soil is encountered. In. such an event, the
Company shall notify Developer of the termination in writing and may then propose (but is not
required to) an alternative route and the use of substitute pipe materials and appurtenances as the
situation, in Company's sole discretion requires. All such additional costs of the excavation and
disposal of contaminated soil, substitute pipe and appurtenances used for installing the water main
in such site shall be borne by the Developer.
6. Other Requirements of Developer. Coincident with delivery of the Transfer of Ownership (as
hereinafter defined), and other documents required from the Developer to the Company, there shall
also be delivered to the Company by the Developer:
a) Executed easements in a form and substance acceptable to Company, legal survey, all
required permits, and any other information pertaining to the Main Extension requested by the
Company;
b) Copy of the final platted map that is to be recorded for the development and /or address listing;
c) Waivers of lien rights executed by all material suppliers, subcontractors, and contractors;
d) One (1) year maintenance bond on Main Extension for materials and workmanship. Repair
work performed during the warranty period must be coordinated with and inspected by
Company. Customers are to be notified prior to interruption of service. In emergency
situations, the customers are to be notified of the approximate length of service interruption.
Emergency repairs may be performed by the Company, and the developer /bonding company
will be billed the cost of the repair; and
e) Total project costs itemized by pipe, valve, hydrant size, any engineering design costs, and any
land rights (easements), certified by the Developer as being accurate; and
f) "As built" drawings including materials listing, manufacture, and locations; and
g) All Company fees, and any previous main extension subsequent connector fees, if applicable;
and
h) Recorded final platted map of the development, when available, from the County Recorder.
However, if platted map has lot line changes that require Indianapolis Water Company
facilities to be relocated (mains, hydrants, blowoff, etc.) the developer will be responsible for
the cost of those relocations.
i) Copy of all permit closures or acceptance from applicable agencies.
j) All Company materials removed at time of connection (sleeves, tees, blow off, valves, etc.) are
to be returned to the Company's Store Room before taps will be made.
7. HVdrostatic Testing and Disinfection. The installed water mains "System shall be hydrostatically
tested by Developer's contractor to manufacturer's recommended specifications. Upon satisfactory
completion of the hydrostatic testing, and deliverance of all items required under Sections 6 and 9,
the Company or its affiliates shall disinfect the System.
8. Initiation of Water Service. Upon determination by the Company that installation has been in
accordance with the approved plans and specifications, and after Developer conveys title to Company
by the execution and delivery of a transfer of ownership of the main extension and related easements,
if applicable, "Transfer of Ownership and all items required by Section 6, water service will be
provided to the development.
9. Timely Submittal of Transfer of Ownership. If the Developer fails to provide the Company with the
Transfer of Ownership and all items required in Sections 6 and 8 within ninety (90) days following the
completion of hydrostatic testing and disinfection, Developer shall be required to pay the cost for a
new hydrostatic test, re- chlorination, and flushing of the main extension. Said cost will be on a time
and materials basis and shall be paid to the Company concurrently with the Transfer of Ownership.
10. Ownership of Main Extension. Upon conveyance of the Main Extension by Developer to the
Company (including all mains, fire hydrants, easements and other equipment), it shall become the
sole property of the Company. After transfer, the Developer shall be responsible for maintenance of
the System for 1 year from the date of the Transfer of Ownership, at Developer's sole expense.
Thereafter, the Company shall be responsible for the maintenance and repair of the same.
The Developer shall have no right of property in the Main Extension or any part thereof by reason of
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or on account of the Devel having furnished a part or all of the funds used in the purchase
materials and equipment for, or the employment of labor in connection with, the construction of the'
Main Extension.
11. Determination of Cost of Main Extension. The Company and Developer agree that the Cost of Main
Extension shall be the amount appearing on the Transfer of Ownership rendered by Developerto the
Company plus the Company's fees.
The Company's fees related to the Main Extension shall be an amount equal to 5.50 per lineal foot
of main appearing on the Transfer of Ownership to cover sizing, hydraulics, engineering,
administrative costs, legal costs, direct labor costs, direct labor overhead and transportation costs
incurred by the Company.
12. Revenue Allowance. The Company agrees that for a period of ten (10) years after the date the main
is in service for each residential customer who is directly connected to the Main Extension and
receives water service, the Company will no less than one time per year give a revenue allowance
to the Developer an amount of 534.00 per connection. In no event shall the total amount of refunds
to be paid by the Company to the Developer exceed the total project cost.
13. Subsequent Connector Fees. If the owner or occupant of any unconnected lot abutting the main
"owner'), requests water service any time within ten years after the completion date of the Main
Extension, the owner shall, prior to the Company permitting the connection of said lot to the main, pay
to the Company a subsequent connector's fee for each lot for which service is requested. The
amount of the subsequent connector's fee shall be the cost of the Main Extension divided by the
number of lots (or lot equivalents as provided in 170 IAC 6- 1.5 -30) abutting the main.
If the owner of land which abuts the Main Extension and said land was unplatted on the completion
date of the Main Extension and said owner or his heirs, successors or assigns (hereinafter,
collectively the "owner subdivides said land within 10 years after the completion date of the Main
Extension in such a manner that some or all of the lots will not require service directly from the Main
Extension, and the owner requests a lateral Main Extension from the Main Extension to serve such
land, the owner shall pay to the Company a subsequent connector's fee for each lot abutting the
earlier Main Extension, regardless of whether such lots are to be served by the earlier Main Extension
or by the lateral Main Extension.
Applicants for service connections for lots within the Exhibit A subdivision shall not be required to pay
a subsequent connector's fee. The subsequent connector's fee shall be in addition to any other
charges which the subsequent connector must pay to the Company in order to connect to and receive
service from the Company.
The subsequent connector fee, if any, will be determined once the cost of Main Extension has been
submitted to the Company by the Transfer of Ownership by the Developer. The Company will issue
a letter specifying the amount of this subsequent connector's fee. Refunds shall be paid by Company
to Developer as provided in 170 IAC 6- 1.5 -36. Developer, at his sole discretion, may reduce or waive
the subsequent connector fee. This waiver or reduction in the subsequent connector fee must be in
writing and submitted to the Company.
14. Set Off. The Company shall have the right to set off against any funds due the Developer in
connection with Revenue Allowances and Subsequent Connector Fees for any actual or anticipated
losses and /or expenses related to any claims, demands, causes of action, liabilities, losses, damages,
penalties, costs or liens asserted by any party against the Company or its properties for which the
Developer is required to defend, indemnify, hold harmless and protect the Company under the terms
of paragraph 18 herein.
15. Connection to Main Extension. After the date the main is in service the Developer shall have the right
to connect customers to the Main Extension in accordance with the Company's rates, rules and
regulations approved by the Indiana Utility Regulatory Commission and in effect from time to time,
without further installation charge. The cost of the service pipes from the Main Extension to the
individual premises of the Developer or lot owner shall be borne by the Developer or lot owner as a
separate expense, such service pipes shall remain the customers property. The service taps to the
Main Extension shall be made and owned by the Company.
16. No Refunds Based Upon Other Main Extension. Notwithstanding any other provisions of this
Agreement, the Company shall have the absolute right at any time to construct and install other main
extensions and appurtenant facilities connecting to the Main Extension. Neither the connection of any
such other main extension nor any service furnished by or from such other main extensions shall be
subject to or in any manner affect this Agreement, and the Developer shall not be entitled to any
revenue allowance refund or other payment by reason of the connection of such other main
extensions or connections for service therefrom.
17. Developer Safety Measures. The Developer and its contractor(s) shall take all steps necessary to
ensure the safety of any Company inspector or other employee at the worksite. The Company shall
have no responsibility for identifying, eliminating or otherwise abating any safety, health, or
environmental hazard created or otherwise resulting at the worksite from the activities of the
Developer or any other person. Nothing in this Agreement shall be construed or interpreted, directly
or indirectly, as requiring that the Company undertake any legal duty of the Developer or contractor
(s) to the Developer's or contractor's employees, invitees or licensees or to any federal, state or local
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government agency.
18. Liability and Indemnity. The Developer and its contractor(s) shall be solely responsible for all labor,
materials, equipment and work at the worksite. The Developer shall defend, indemnify, hold harmless
and protect the Company, its employees, agents, officers, and directors, from and against any and
all claims, demands, causes of action, liabilities, losses, damage, penalties, liens asserted by any
party against the Company or its properties, costs (including reasonable attorneys' fees), and suits,
including without limiting the generality of the foregoing, those claims, demands, causes of action,
liabilities, losses, damage, penalties, liens, costs (including reasonable attorneys' fees), and suits for
which the Company may be, or may be claimed to be, liable through negligence or otherwise, for
death, personal injury, illness or loss or damage to property, or economic loss alleged to arise out of,
result from, relate to, or be in any manner connected with activities of the Developer or the services
provided by the Company under this Agreement. The Developer shall provide such defense and
indemnity whether the claim, demand, cause of action, lien, or suit alleges that the occurrence,
omission, action, liability, loss, or damage was caused or contributed to by the concurrent, joint
comparative, active or passive negligent act or omission of the Company, except that the Developer
assumes no liability for the negligent acts or omissions of the Company, its employees, agents,
officers, and directors, which, without contributory fault on the part of the Developer, its contractor(s),
subcontractor(s), or their employees, agents, officers, or directors, is the sole cause of loss, damage
to person or property, or injury to or death of any person.
The Company shall give the Developer prompt written notice of any lien or claim for which
indemnification is sought hereunder. The Developer shall at its own expense assume the defense
of such lien or claim with counsel selected in consultation with the Company; provided, however, that
the Developer shall not be entitled to settle any lien or claim against the Company without the prior
written consent of the Company, which consent shall not be unreasonably withheld. The Company
shall have the right, but not the duty, to employ, at its expense, its own counsel in any such case.
19. Insurance. The Developer shall add the Company as an additional insured under all of the
Developer's liability insurance policies covering work at the worksite. As an additional insured, the
Company shall be provided the same extent and quality of coverage as the Developer and any other
primary insured party. The Developer shall provide the Company a certificate of insurance evidencing
such coverage prior to the Company's performance of any services under this Agreement.
20. Company Employees. Under no circumstances shall Company employees be deemed employees,
agents or representatives of the Developer. Nor shall this Agreement be deemed to constitute either
parry hereto as the agent or representative of the other party.
21. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties
hereto, including any subsequent connectors, and their respective successors and assigns.
22. Indiana Utility Regulatory Commission. This Agreement is entered into by the Company and
Developer in conformity with the rules and regulations of the Indiana Utility Regulatory Commission
and the Company's Rules, Regulations, and Conditions of Service on file with and approved by such
Commission. In the event of any conflict between the terms of this Agreement and the rules and
regulations of such Commission and the Company's Rules, Regulations and Conditions of Service,
the rules and regulations of such Commission and the Company's Rules, Regulations and Conditions
of Service shall control and shall supersede any inconsistent terms herein.
IN WITNESS WHEREOF, the Company and Developer have properly executed this Agreement or caused the same
to be properly executed as of the date herein above set forth.
INDIANAPOLIS WATER COMPANY DEVELOPER
By 14 48A. Firm Camden Walk C
Printed Thomas M. Bruns By
Title Vice President, Development Services Printed S t eveii A. Wi 1 s on
Title Member
Mailing Address P.O. Box 553
Carmel, IN 46082 -0553
Taxpayer ID 35- 2075046
Project Location Sect 1, Camden Walk on Towne Road
S. of t Street, Carmel, TN 46032
SA1999 J -Job Contract.doc
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Prescribed by State Board of Accounts
Form No. 301 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER
TO
ADDRESS
Invoice Date Invoice Number Item Amount
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services
itemized thereon for which charge is made were ordered and received except
Mo. Day Yr. Signature Title
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
Mo. Day Yr. Officer Title
Voucher No. Warrant No.
s ACCOUNTS PAYABLE DETAILED ACCOUNTS
MUNICIPAL WATER DEPT. ACCT.
NO.
CARMEL, INDIANA
C A f�� PN IN A Favor Of
LC
PO6 936
ON h y6
Total Amount of Voucher
Q Deductions
1
p O
Amount of Warrant 7�- 00
Month of Yr
VOUCHER RECORD Acct.
No.
Source of Suppl
Water Treatment
Transmission and Dist.
Customer Accounts U N
Administrative and General
Operation- Maintenance
Utility Plant in Service
Constr. Work in Progress
Materials and Supplies
Customers Deposits
Total
Allowed
Board of Control
Filed
Official Title
BOYCE FORMS SYSTEMS 1- 800.382 -8702 325