167647 01/07/2009 CITY OF CARME=L, INDIANA VENDOR: 356440 Page 1 of 1
e ONE CIVIC SQUARE LAKE FOREST HOA
CARMEL, INDIANA 46032 PO BOX 2M30 CHECK AMOUNT: $6,767.05
INDIANAPOLIS IN 46220 -D630
CHECK NUMBER: 167647
CHECK DATE: 117/2009
DEPARTMENT ACCOUNT PO NUMBE INVO NUMBE AMOUNT DESCRIP
601 5023990 3,383.53 REFUND
651 5023990 3, 383.52 REFUND
a
LAKE FOREST HOMEOWNERS ASSOCIATION
November 20, 200$
Subject: Lake Forest Homeowners Association reimbursement and refund.
TO: John Duffy
Director of Water and Sewage
Carmel City Government Center
Carmel, Indiana
Mr. Duffy,
The purpose of this correspondence is to acknowledge that the Agreement made and entered into by and
between the City of Carmel, Indiana, by and through its Board of Public Works and Safety, and the Lake Forest
Homeowners' Association, Inc. (copy attached) is invalid and terminated. This acknowledgement will be
effective concurrent with the receipt of reimbursement for the full usage fee paid for the year 2003 in which the
Agreement terminated and refund of the usage fee for 2002 and all prior years. Included in this amount is
$5000.00 for 2002 and all prior years, plus $1,767.05 as the prorated amount for 2003, for a total of $6,767.05.
Respectfully,
Rack D. Warwick, Secretary
Lake Forest Homeowners' Association, Inc.
Lor nda A. ivington, resident
Enclosure: Agreement
AGREEMENT APPROVED, AS TO
FORM BY.
This Agreement is made and entered into by and between the City of Carmel, Indiana, by and
through its Board of Public Works and Safety "City and the Lake Forest Homeowners' Association,
Inc. "Association").
WHEREAS, the Lake Forest Subdivision "Lake Forest Subdivision is located north of 116'
Street between. Gray Road and Hazel Deli Parkway in the City of Carmel, Indiana, and contains three (3)
lakes (individually and collectively referred to as "the Lakes and
WHEREAS the Association has contended that the City is responsible for changes in the water
levels Of the Lakes, a contention that the City denies; and
WHEREAS, the Association is concerned about the low water levels in the Lakes and has asked
the City for assistance in raising the water levels therein; and
WHEREAS such assistance by the City to the Association is reasonable, prudent and in the best
interests of the public;- and
WHEREAS, ther parties wish to abate the problem of periodic low water levels in the Lakes,
without any admission on the part of any party as to any fault or as to the cause(s) ofthe changes in water
levels therein.
NOW, THEREFORE, the City and Association agree and warrant as follows:
1. The City will install a purnp station "Pump Station for the Association near a lake
located at the southwest corner of 116`'' Street and Hazel Dell Parkway (the "Feeder Lake and, in
association therewith, run: a six inch (6 pipe from the Pump Station into one or more of the Lakes.
These improvements: are referred to hereinbelow as the "Project."
2. The ,Project will include two (2) valves which will allow the Association to manually
direct the discharge of water into the Lakes from the Pump Station.
3. The City is the owner of the Pump Station, as well as of the pump pump' starter;''water
control valves, pipes, electrical wiring,- control parts; and the other components of the Project (collectively
the "Project Components and shall remain responsible for the routine maintenance thereof However,
the maintenance and/or repair of equipment owned by any electrical provider, as well as any" unscheduled
maintenance and/or any mechanical repairs in excess of Seven Hundred Fifty Dollars ($750.00)'on or to
one or more of the Project Components, shall not be the financial responsibility of the City.
l
1
4. The Pump Station will be powered and separately metered by an electric utility
company. The Association agrees to use reasonable care in its use and operation of the Project
Components.
5. The City has informed the Association, and the Association agrees, that the Project may
not completely fill the Lakes and that the pumping of water through the Pump Station will be required on
a nearly continuous basis in order to -raise and maintain a higher water level in.the Lakes.
6. The Association agrees to pay the City, within fifteen (15) days from the effective date
of this Agreement, the total sum of Five Thousand Dollars ($5,000.00) as the Usage Fee (hereafter
defined) for 2002 and all prior years. For calendar year 2003, the Association shall -pay the City a prorated
amount (based upon an annual Usage Fee of Two Thousand Five Hundred Dollars ,($2 calculated
upon the mutually agreed date in 2003 when service (i.e., pumping) under this Agreement is resumed.
Thereafter, on or before January 15 of each succeeding year commencing in 2004, in which. this
Agreement is in effect the Association agrees to pay the City the sum of Two Thousand Five Hundred
Dollars ($2,500.00) per calendar year, such payments being for the use of the Project Components and for
the City's routine scheduled maintenance thereon (the "Usage Fee The City may revise the Usage Fee
amount annually, by providing notice of a Usage Fee change to the Association.on or before November
15 of the year immediately preceding the calendar year in which the new Usage Fee takes effect.
However, the City may not increase its Usage Fee more than once nor by more than fifteen percent (15
in any single calendar year. The Association shall, within thirty (30) days of its receipt of the City's
notice of a Usage Fee change, notify the City that it either accepts-the new Usage Fee amount or
terminates this Agreement, effective on the date immediately preceding. the date on which the new Usage
Fee takes effect. The Usage Fee shall be paid to the City by the Association on or before the fifteenth.day
of January in the calendar year for which it applies.
7. It is the intent of the City .that <this Agreement -be renewed .:by ;successor -City
administrations so long as they believe that it remains in the best interest -of the .City to -abate the problem
of low water levels in the Lakes. However, notwithstanding the above, either party may, by notifying the
other on or before November 15` of any year in which this Agreement is in effect, terminate this
Agreement as of December 31' of the year immediately subsequent to the year in which written notice is
given (i.e., notice given on 11 -15 -02 will cause Agreement to terminate on 12- 31 -03). If the Agreement
is terminated, the City may, in its sole discretion, remove or abandon in place some or all of the Project
Components.
2
8. The Association agrees to timely pay in full all bills for electric utility service, for
unscheduled maintenance and/or any mechanical repairs in excess of Seven Hundred Fifty Dollars
($750.00) of, to or for the Project or Project Components (hereafter defined as "Major Repairs and the
City shall not be responsible for the payment of same. The City shall notify the Association of any Major
Repairs which are necessary, together with an estimate of how much the Major Repairs would cost. Upon
such receipt of such notice, the Association, acting through its Board of Directors, shall exercise one of
the following options:
a. Notify the City in writing that the Association consents to such Major Repairs at the
Association's expense, with the Major Repairs to be performed by the City; or
b. Notify the City in writing that the Association does not consent to the Major Repairs
and terminate this Agreement..
9. The City represents that it has placed a portion of the Project on property owned or
controlled by the City and has placed a portion of the Project on and draws water for the Project from land
not owned by the City. The City represents that it has obtained all necessary permissions (the "Third
Party Permissions from Third Parties to install the Project Components on and draw water from all
property not owned or controlled by the City. To the extent such property is owned by the Association,
the Association hereby grants to the City permission to use said property for the Project and the Project
Components as additional consideration for the City's execution of this Agreement. As a condition
precedent to the validity of this Agreement, the City shall obtain recordable easements and/or rights of
entry for Third Party Permissions in such form as is reasonably satisfactory to the Association, which
easements and /or rights of entry shall run with land of such Third Parties, their heirs, successors and
assigns, and the City shall record the same with the Office of the Recorder of Hamilton County, Indiana.
The Association agrees to .obtain all other written agreements as to the Third Party Permissions. If any of
the. Third Party Permissions are withdrawn or terminated for any reason at any time,. this Agreement shall
immediately terminate, without penalty. However, unless permission far the Project is withdrawn by the
Association itself, the °City- shall reimburse the Association, within sixty (60) days from such withdrawal
date, the full Usage Fee paid by the Association for the year, in which the Agreement terminates in
accordance with this paragraph.
10. The Association and the City each warrant that they are authorized to execute this
Agreement, that the person whose signature appears below for _same is duly authorized to represent and
bind the party or parties on whose behalf the signature appears, and that this Agreement shall, upon
3
r`
execution by both parties hereto, be binding on the Association and on the City, as well as on their
respective successors and assigns.
I.I. Subject to the terms of the warranty contained in paragraph 10 hereinabove, the
Association releases the City, its officers, officials and employees from and against any and all claims,
actions and causes of action whatsoever, and in whatever form, whether known or unknown, patent or
latent, that the Association had, has, or may have that arise from or relate to any change in the water -level
of the Lakes, the operation or use of the Pump Station, flow control valves, pipes or other Project
Components and/or to the Project itself.
12. If an owner of a Lot in the Lake Forest' Subdivision sues the City for any matter which
relates to this Agreement, the City shall give written notice to the Association of the filing of suit. At any
time after sixty (60) days after such riotice, the City may, 'in its sole discretion and without `penalty,
terminate this Agreement.
13. The effective date of this Agreement shall be the date on which it is last executed by a
party hereto.
SO AGREED
CITY OF CARMEL, INDIANA LAKE FOREST HOMEOWNERS'
By and through its Board of Public ASSOCIATION, INC.
Works and Safety
BY: BY:
A mes Brain d, Pr sidig fficer M. J. eeman, President
D ate: l Date: 1 f
e
Mary urke, ember Tamra Kunn, Se retary
Date: f2 2 Date: -4 1 Z- 0?)
Federal ID 35- 1839467
Lori S. W s Member
Date:
ATTEST: i?
clerh for
Diana Cordray, 3t1.MC, MC,
Date:
4
i
prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T9952
LAKE FOREST HOMEOWNERS ASSOCIATION Purchase Order No.
Terms
Due Date 12/29/2008
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
12/29/20M 112008 $3,383.52
hereby certify that the attached invoice(s), or bill(s) is (are) true and
orrect and I have audited same in accordance with IC 5-11-10-1.6
Date Officer
OUCHER 087023 WARRANT ALLOWED
F0952 IN SUM OF
-AKE FOREST HOMEOWNERS ASSO(
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
'O INV ACCT AMOUNT Audit Trail Code
112008 01- 7750 -08 $3,383.52
I
Voucher Total $3,383.52
Cost distribution ledger classification if
laim paid under vehicle highway fund
DDg
LAKE FOREST HOMEOWNERS ASSOCIATION
November 20, 2008
Subject: Lake Forest Homeowners Association reimbursement and refund.
TO: John Duffy
Director of Water and Sewage
Carmel City Government Center
Carmel, Indiana
Mr. Duffy,
The purpose of this correspondence is to acknowledge that the Agreement made and entered into by and
between the City of Carmel, Indiana, by and through its Board of Public Works and Safety, and the Lake Forest
Homeowners' Association, Inc. (copy attached) is invalid and terminated. This acknowledgement will be
effective concurrent with the receipt of reimbursement for the full usage fee paid for the year 2003 in which the
Agreement terminated and refund of the usage fee for 2002 and all prior years. Included in this amount is
$5000.00 for 2002 and all prior years, plus $1,767.05 as the prorated amount for 2003, for a total of $6,767.05.
Respectfully,
Cat Warwick, Secretary
Lake Forest Homeowners' Association, Inc.
q Londa A. ivington; resident
Enclosure: Agreement
s:
AGREEMENT APPROVED, AS TO
FORM BY.
This Agreement is made and entered into by and between the City of Carmel, Indiana, by and
through its Board of Public Works and Safety "City and the Lake Forest Homeowners' Association,
Inc. "Association
WHEREAS, the Lake Forest Subdivision "Lake Forest Subdivision is located north of 116`
Street between Gray Road and Hazel Dell Parkway in the City of Carmel, Indiana, and contains three (3)
lakes (individually and collectively referred to as "the Lakes and
WHEREAS, the Association has contended that the City is responsible for changes in the water
levels of the Lakes, a contention that the City denies; and
WHEREAS, the Association is concerned about the low water levels in the Lakes and has asked
the City for assistance in raising the water levels therein; and
WHEREAS, such assistance by the City to the Association is reasonable, prudent and in the best
interests of the public; and
WHEREAS, the parties wish to abate the problem of periodic low water levels in the Lakes,
without any admission on the part of any party as to any fault or as to the cause(s) of the changes in water
levels therein.
NOW, THEREFORE, the City and Association agree and warrant as follows:
1. The City will install a pump station "Pump Station for the Association near a lake
located at the southwest corner of 116` Street and Hazel Dell Parkway (the "Feeder Lake and, in
association therewith, run a six inch (6 pipe from the Pump Station into one or more of the Lakes.
These improvements are collectively referred to hereinbelow as the "Project."
2. The Project will include two (2) valves which will allow the Association to manually
direct the discharge of water into the Lakes from the Pump Station.
3. The City is the owner of the Pump Station, as well as of the pump, pump starter, water
control valves, pipes, electrical wiring, control parts, and the other components of the Project (collectively
the "Project Components and shall remain responsible for the routine maintenance thereof. However,
the maintenance and/or repair of equipment owned by any electrical provider, as well as any unscheduled
maintenance and/or any mechanical repairs in excess of Seven Hundred Fifty Dollars ($750.00) on or to
one or more of the Project Components, shall not be the financial responsibility of the City.
1
ti
4. The Pump Station will be powered and separately metered by an electric utility
company. The Association agrees to use reasonable care in its use and operation of the Project
Components.
5. The City has informed the Association, and the Association agrees, that the Project may
not completely fill the Lakes and that the pumping of water through the Pump Station will be required on
a nearly continuous basis in order to raise and maintain a higher water level in the Lakes.
6. The Association agrees to pay the City, within fifteen (15) days from the effective date
of this Agreement, the total sum of Five Thousand Dollars ($5,000.00) as the Usage Fee (hereafter
defined) for 2002 and all- prioryears. For calendar year 2003, the Association�shall .pay, the Citya prorated
amount (based upon an Usage Fee of Two Thousand Five Hundred Dollars .($2,500:00)) calculated
upon the mutually agreed date in 2003 when service (i.e., pumping) under this Agreement is resumed.
Thereafter, on or before January 15` of each succeeding year, commencing in 2004, in which this
Agreement is in effect, the Association agrees to pay the City the sum of Two Thousand Five Hundred
Dollars ($2,500.00) per calendar year, such payments being for the use of the Project Components and for
the City's routine scheduled maintenance thereon (the "Usage Fee The City may revise the Usage Fee
amount annually, by providing notice of a Usage Fee change to the Association on or before November
15 of the year immediately preceding the calendar year in which the new Usage Fee takes effect.
However, the City.may not increase its Usage Fee more than once nor by more than fifteen percent (15
in any single calendar year. The Association shall, within thirty (30) days of its receipt of the City's
notice of a Usage Fee change, notify the City that it either accepts the new Usage Fee amount or
terminates this Agreement, effective on the date immediately preceding the date on which the new Usage
Fee takes effect. The Usage Fee shall be paid to the City by the Association on or before the fifteenth day
of January in the calendar year for which it applies.
7. It is the intent of the City that this Agreement be renewed by successor -City
administrations so long as they believe that it remains in the best interest of the. City to abate the problem
of low water levels in the Lakes. However, notwithstanding the above, either party may, by notifying the
other on or before November 15 of any year in which this Agreement is in effect, terminate this
Agreement as of December 31" of the year immediately subsequent to the year in which written notice is
given (i.e., notice given on 11-15 -02 will cause Agreement to terminate on 12- 31 -03). If the Agreement
is terminated, the City may, in its sole discretion, remove or abandon in place some or all of the Project
Components.
2
1
8. The Association agrees to timely pay in full all bills for electric utility service, for
unscheduled maintenance and/or any mechanical repairs in excess of Seven Hundred Fifty Dollars
($750.00) of, to or for the Project or Project Components (hereafter defined as "Major Repairs and the
City shall not be responsible for the payment of same. The City shall notify the Association of any Major
Repairs which are necessary, together with an estimate of how much the Major Repairs would cost. Upon
such receipt of such notice, the Association, acting through its Board of Directors, shall exercise one of
the following options:
a. Notify the City in writing that the Association consents to such Major Repairs at the
Association's expense, with the Major Repairs to be performed by the City; or
b. Notify the City in writing that the Association does not, consent to the Major Repairs
and terminate this Agreement.
9. The City represents that it has placed a portion of the Project on property owned or
controlled by the City and has placed a portion of the Project on and draws water for the Project from land
not owned by the City. The City represents that it has obtained all necessary permissions (the "Third
Party Permissions from Third Parties to install the Project Components on and draw water from all
property not owned or controlled by the City. To the extent such property is owned by the Association,
the Association hereby grants to the City permission to use said property for the Project and the Project
Components as additional consideration for the City's execution of this Agreement. As a condition
precedent to the validity of this Agreement, the City shall obtain recordable easements and/or rights of
entry for Third Party Permissions in such form as is reasonably satisfactory to the Association, which
easements and /or rights of entry shall run with land of such Third Parties, their heirs, successors and
assigns, and the City shall record the same with the Office of the Recorder of Hamilton County, Indiana.
The Association agrees- to.obtain all other written agreements as to the Third Party Permissions. If any of
the Third Party Permissions are withdrawn or terminated for any reason at any time, this Agreement shall
immediately terminate, without penalty. However, unless permission for the Project is withdrawn by the
Association itself, the City shall reimburse the Association, within sixty (60) days from such withdrawal
date, the full Usage Fee paid by the Association for the year in which the Agreement terminates in
accordance with this paragraph.
10. The Association and the City each warrant that they are authorized to execute this
Agreement, that the person whose signature appears below for same is duly authorized to represent and
bind the party or parties on whose behalf the signature appears, and that this Agreement shall, upon
3
execution by both parties hereto, be binding on the Association and on the City, as well as on their
respective successors and assigns.
11. Subject to the terms of the warranty contained in paragraph 10 hereinabove, the
Association releases the City, its officers, officials and employees from and against any and all claims,
actions and causes of action whatsoever, and in whatever form, whether known or unknown, patent or
latent, that the Association had, has, or may have that arise from or relate to any change in the water level
of the Lakes, the operation or use of the Pump Station, flow control valves, pipes or other Project
Components and/or to the Project itself.
12. If an owner of a Lot in the Lake Forest Subdivision: sues the City for any matter which
relates to this Agreement, the City shall give written notice to the Association of the filing of suit. At any
time after sixty (60) days after such notice, the City may, in its sole discretion and without penalty,
terminate this Agreement.
13. The effective date of this Agreement shall be the date on which it is last executed by a
party hereto.
SO AGREED
CITY OF CARMEL, INDIANA LAKE FOREST HOMEOWNERS'
By and through its Board of Public ASSOCIATION, INC.
Works and Safety
BY: BY:
ones Brain d, Pr siding fficer M. J. eeman, President
Date: Date:
Mary Any urke, lvftmber Tamra K. unn, Se retary
Date: Date: .4 2_ G)
Federal ID 35-1839467
Lori S. W s Member
Date:
ATTEST: J
')��eputy clerk for
na Cordray, IAMC�Cler��reasurer
Da
4
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) cc��
ACCOUNTS PAYABLE VOUCHER l�
CITY OF CARMEL�
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
T9952
LAKE FOREST HOMEOWNERS ASSOCIATION Purchase Order No.
Terms
Due Date 12/29/2008
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
12/29/2001 112008 $3,383.53
hereby certify that the attached invoice(s), or bill(s) is (are) true and
xrect and I have audited same in accordance with IC 5- 11- 10 -1.6
BAs/ 5
Date Officer
TOUCHER 084021. ,WARRANT ALLOWED
k 9,952 IN SUM OF
_AKE FOREST HOMEOWNERS ASSO(
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
'O INV ACCT AMOUNT Audit Trail Code
112008 01- 6750 -08 $3,383.53
b
Voucher Total $3,383.53
i
'ost distribution ledger classification if
laim paid under vehicle highway fund