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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