Loading...
HomeMy WebLinkAbout213998 10/23/2012 CITY OF CARMEL, INDIANA VENDOR: 366652 Page 1 of 1 0 ONE CIVIC SQUARE EARL LANTER CARMEL, INDIANA 46032 CHECK AMOUNT: $15,751.00 CHECK NUMBER: 213998 4tro"ion CHECK DATE: 10/23/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 604 5023990 102212 15, 751 . 00 OTHER EXPENSES mmnmwm&i��'.�'Carmel U City of Carmel Utilities 760Third Avenue S.W.,Ste.110•Carmel,IN 46032 Phone:(3 17)571-2443•Fax:(3 17)571-2265 www.carmel.in.gov October 29, 2012 Memo To: Cindy Sheeks From:John Duffy RE: Reimbursement to Earl and Sue Lanter Cindy, When Carmel Utilities acquired the then Indianapolis Water Customers in Carmel/Clay Township, Carmel Utilities was given responsibility for existing Water Reimbursement Agreements. One of these Agreements was Main Extension Agreement NO. DOO-019 between Earl and Sue Lanter and Indianapolis Water. The Lanters reside at 12020 Clay center Road. In order to receive water service at this address they paid Indianapolis Water$30,566 to extend a 16" water main on Clay Center. As part of this Agreement the Lanters were to receive a reimbursement for a "subsequent connector" in the amount of$15,571. This connection has occurred, and in addition Carmel Utilities has connected into the main the Lanters installed to a new main that now serves additional subsequent connectors. Per the reimbursement Agreement the Lanters are owed a one -time reimbursement of$15,751. Submitted By, John Duf Pursuant to Water Main Extension Agreement NO. D00-019, (12020 Clay Center Road) it has been determined that a reimbursement of one Subsequent Connection Fee is owed to Earl and Sue Lanter (The Lanters) in the amount of$15,751. The Lanter's acknowledge that there will be no future reimbursement from subsequent connections and that Agreement NO. D00-019 is now complete and therefore expired. Agree on October 2012 by Earl Lanter Sue Lanter 1rd U1MmFurvL _%tls#%I Gf%vv.•.rru.. MAIN EXTENSION AGREEMENT NO.DOO-019 PR03ECT NAME AND LOCATION Clay Center Road 12020 N _rf - THIS AGREEMENT,entered into on the (date)of (month)2000,by and between 4 r� E 44-pt _ ("Depositor's Name")and Indianapolis Water Company,an Indiana corporation("Company"), WITNESSES THAT: WHEREAS,the Depositor and other prospective customers have requested the Company to extend its main so as to make water utility service available to their parcels,and the Company is willing to do so upon the following terms and conditions, r=' NOW THEREFORE,in consideration of the covenants,agreements and undertakings hereinafter provided,and each act to be performed pursuant tiereto,the parties agree that: i � Standard Conditions.This agreement is subject to the Company's Standard Conditions for Main Extensions,a copy of which may be obtained upon request 2. Main Extension and Cost.The Company will install,own,operate and maintain the main extension,which will consist of: 700 feet of 16-inch water main south from existing main in Clay Center Road to serve 12020 N.Clay Center Road. , yfrxe hydrants located as determined by policies of the Company and public fire protection agencies; and related appurtenances. The cost of th6 main extension is$31,100.00 3. Amount of immediate Revenue Allowance. In determining the total required deposit,the Company has allowed an immediate revenue allowance in the amount of$735.00 per depositor for full cash payment contracts. No revenue allowance will be made for partial cash deposit contracts. 4. Total Number of Depositors.The number of depositors required prior to the Company commencing construction of the main extension is one(1). 5. Cash Deposit Contract.Concurrently with the execution of this agreement,the Depositor has paid to the Company the sum of$30,566.00,which amount represents the Depositor's share of the total required deposit. This amount includes a$201.00 connection fee. K -or- 6. Partial Cash Deposit Contract. Concurrently with the execution of this agreement,the Depositor has paid to the Company a partial deposit of $29,201.00,with a contract for monthly surcharge of$35.00 for 60 months.This amount includes a$201.00 connection fee. If the Depositor fails to connect to and take service from the main extension within nine months after the in service date of the main extension or fails to pay the monthly surcharge,the Company shall retain the deposit and any surcharges paid as liquidated damages for the loss resulting to it from the Depositor's failure to commence service or to pay surcharges as anticipated and relied upon the Company. The owner of the dwelling will receive and pay the monthly bill for water service and main extension surcharges. Said owner shall further agree that if payment is not received by the Company within 17 days following the Company's mailing of the bill,the Company may declare the entire amount of the customer's allocable share of the remaining balance immediately due and payable,or disconnect water service to the premises. T. Other Depositors. It is anticipated that counterparts of this agreement will be executed,and deposits will be made by other prospective customers desiring to connect to the main extension. Each such counterpart shall be substantially in the form hereof and require a deposit,in a cash amount not less than$N/A,for the full deposit or a partial deposit of$NIA with a monthly surcharge of$N/A for 60 months,but no such counterpart shall be entered into after the in service date of the main extension. B. Subsequent Connector's Fee. Each subsequent connector shall be required to pay to the Company the amount of{$15a 5:1706 ,r each parcel to be connected to,and receive service from,the main extension.This amount includes a$201.00 connection fee. This subsequent connector's fee is collected for ten years from the in-service date of this main extension. 9. If Deposits Collected Are Less Than Total Required Deposit Counterparts of this Agreement are being provided to each Depositor. If the Company does not receive from each Depositor an executed counterpart of this Agreement,together with the cash deposit required to be made by such Depositor,so that the Company has received the number of deposits required in paragraph 4 above,the Company may either(1)cancel the main extension and return the deposits collected in which event this Agreement shall be void and of no effect,or(2)proceed with the main extension,in which event the amount by which the total required deposit exceeds the deposits collected shall be identified as the Company's "repayable investment,"and no refunds will be made to the Depositors until the Company has recovered all of its repayable investment;with interest' at the annual rate of(N/A)%. 10. Refunds. Any refunds to the Depositor with respect to his deposit will be determined and made in accordance with the refund provisions of the Company's Standard Conditions for Main'Extensions. 11. Connection and Use. The Company will notify the Depositor of the in service date of the main extension,and the Depositor shall connect to the main extension and commence water service from the Company within nine months after said in-service date. Water service from the Company shall be used by the premises so connected to the main extension for a period not less than five(5)years. Depositor acknowledges that the cost of the service pipe from the main extension to the premises shall be paid by the Depositor as a separate expense. In accordance with 3271AC 8• 10-5,a private well,or water lines connected to a private well,shall not be connected In any manner to water lines supplying water from the public water supply system to the premises served. 12. 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 Depositor 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 Depositor. DEPOSITOR �� • �� Mailing Address INDIANAPOLIS % COMPANY MEMORANDUM January 24, 2000 To: Leonard Watson 7445 E. County Road 400 Brownsburg, IN 46112 From: Christine R. Purcell Senior Associate Subject: Water Main Extension to Serve 12020 N. Clay Center Road Attached are four (4) copies of Revised Main Extension Agreement No. D-00-019, which will serve the address shown above. We will need three (3) signed copies of the Agreement along with either (1 ) the required full cash deposit of $30,566.00 or (2) a partial deposit of $29,201 .00 with a contract for a monthly surcharge of $35.0 0 for 60 months, returned in the enclosed envelope by February 25, 2000 to include this project in our construction schedule. The priority scheduling for construction of this main extension project will be based on the calendar date of our receipt of the signed agreements and required payments. Our cost quotations are subject to change unless the signed agreements with the required payments are returned by the date shown above. Please return to: Indianapolis Water Company, Development Services Department, P.O. Box 1220, Indianapolis, IN 46206. If you have any questions, please contact me at (317) 263-6368 or by e-mail at chris.purcell @iwcr.com. Thank you. - EARL E LANTER 01007 CAROLYN SUE LANTER MD DEER RIDGE PL CAR f//� 80-568/1012 CARMEL,IN 48033 '�/ Pav to the O rde r of 2Nl�/.+¢i✓.A )L!o/ �/ji��— C v $.�U�6 c� chic.-�Z >T_���..�5�� EXPENSEC06E Dollars D Fidetity United Missouri Bank Warsaw.Missouri tmreStments 0 BrokenVe services Fo����L�fts�.✓ —OU—Ul9 Mr to GKV w" INDIANAPOLIS WATER COMPANY 1220 Waterway Boulevard Indianapolis, Indiana 46202 STANDARD CONDITIONS FOR MAIN EXTENSIONS (A) Definitions. The following terms as used in this rule have the following meanings; (1) "Commission" means the Public Service Commission of Indiana. (2) "Commission's rules" means the Rules and Regulations of Service for Utilities Rendering Water Service in Indiana, adopted by the Commission on September 27, 1977, in Cause No. 34805, as revised, supplemented and replaced from time to time. (3) "Company" means Indianapolis Water Company, an Indiana corporation. (4) "Company's rate schedules" means the Company's schedules of rates and charges, as approved by the Commission and in effect from time to time. (5) "Completion date of the main extension" means the date the Company declares the main extension to be in service and releases it for taps. (6) "Cost of the main extension" means the estimated cost of installing the main. (7) "Customer" means a person being supplied with water utility service by the Company. (8) "Deposit" means the- amount required to be deposited by or on behalf of each prospective customer for a mean extension prior to the Company commencing construction of the main extension. (9) "Main" means a pipe owned by the Company which delivers water to fire hydrants and service pipes. (10) "Main extension" means the mains, hydrants and appurtenances installed by the Company to provide the water utility service requested by or on behalf of the prospective customer or customers, but does not include the customer's service pipe. (11) "Meter" means a device owned by the Company which measures and records the quantity of water supplied to the customer. (12) "Original depositor" means a prospective customer who enters into a main extension agreement with the Company and makes a deposit with the Company prior to the completion date of the main extension. (13) "Parcel" means a lot as platted or if the area to be served is not platted, the equivalent of a "lot" as determined in accordance with the Commission's Rule 25(B)(2) , (14) "Person" means an individual, firm, corporation, governmental agency or other entity. (15) "Prospective custccner" or "applicant" means the person requesting the main extension in order to receive water utility service from the' Conpany. (16) "Premises" means a dwelling, building, structure, or parcel of real estate which is supplied with water service by the Company through a separate service pipe and meter installation. (17) "Public thoroughfare" means a road, street or way which has been dedicated for use by the public and accepted by the appropriate governmental authority. (18) "Residential customer" means a person being supplied with water service by the Company exclusively for residential purposes. (19) "Service pipe" means a supply line leading directly into the premises supplied or to be supplied from the main adjacent to such premises. (20) "Subsequent connector" means a person who was not an original depositor and who connects to the main within 10 years after the completion date of the main extension. (21) "Subsequent connector's fee" means the amount required to be paid to the Company by each subsequent connector prior to his being permitted to connect to the main. (22) "Tap" means a fitting owned by the Company and inserted by it into a main to which a service pipe is attached. (23) "Total required deposit" means the amount by which the cost of the main extension exceeds the amount equal to three times the estimated annual revenue to be received by the Company from the prospective customer or customers less the Company's costs of connecting said prospective customer or customers to the main. (B) Written Agreement and Scheduling of Projects. Persons desiring main extensions shall apply therefor in writing to the Company. All main extensions require a prior written agreement between the Company and the prospective customer or customers, who shall contract to connect to the main within nine months after the completion date of the main extension and receive service from the main extension for a period not less than three years. All main extension projects will be carried out in accordance with the Commission's Rule 25 and these Standard Conditions. They will be scheduled for construction in the order in which the Company receives the total required deposit under the main extension agreement or the executed main extension agreement if there is no required deposit. . (C) Design of Main Extension. All main extensions installed to provide domestic water service shall also provided fire protection service. Unless otherwise specifically provided for in the main extension agreement, 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. (D) Determination of Cost of Main Extension. (1) General. The estimated cost of the main extension to satisfy the design characteristics set forth in (C) above or such other design characteristics as are specifically requested by the prospective customer or customers will be based on the length of the main and unit cost for installing the appropriately sized main. All such costs will be determined annually by the Company, based on the Company's actual average cost to install mains during the previous calendar year, ' adjusted for }mown increased or decreased in materials, equipment, special construction, overhead and labor costs. The total of such estimated costs shall be the cost of the main extension for all purposes under the main extension agreement. If, however, one or more of the prospective customers requests special service, such as higher flow or pressure, which the Company determines requires the in the installation of a main larger than that which would otherwise be necessary to serve the domestic and fire protection requirements of the prospective customers generally, the ; Company will compute the cost of an alternative main extension which would :`s� meet the needs of the prospective customer or customers assuming no one of:,:: m ° ;. : . them required any special service, which cost will be used to determine the deposit required from each of the original depositors other than those' , requesting the special service and the subsequent connector's fee. = , n4 M.sv ,61 4. .du 4 <;+�:l.F^ .tYa.-Y �'•"' '�`.b,r=;,'s� -t;;. §- .ai�'. a. :::�P"'4'r.�t:.-^ „s (2) Lencrth and Location ion of Main to Intersectioe•oprlP (a} Extension Available S of the Ad'acent to Parcel. Having lot or frontage to the end of the d• However if pension s 1 renal applicant to be serve to original intersecting street, the most remo abuts an so that the such lot or frontage be located Point of the extension shall sting main in the terminal o be installed ties in to the extension shall be street, the cost of the main to the intersecting extension of the ma terminates computed on the basis of fant' main to be extended tenpin the extension of such center of the street. thereby and Parcel' the within a parcel served nly the immediately existing main to adjacent main in to sere will extend the considered Company, at its expense, and such line will be the mutual property in extension. the beginning point of the main Extension in Permanent in is Termination of Main in which the m (.b) If the public thoroughfare -de-sac, the Cul-De-Sac- dead ends in . permanent cul around the cul-de u' the to be installed to ` rap- re right-of-way, so main will be installed public thoroug unpaved portion of the P each parcel abutting the ice pipe to serve to the main .without that the service may be connected mare in public thoroughfc portion of the public thoroughfare and without crossing any Property line other disturbing the paved the cul-de'sac line. than the right-of-way Extension Against Nate or Texmi-nat ion of Main hfare in which the (c) If the public thoroug oad, creek, Ph al Bair' • dead ends against a railr in to be main is to t � a � or natural barrier,the me barrier, other Physical ate at the physical or natupr Pipe river or to service P installed will te�� e the most remo perpendicular point (if }mown) where or at a Point at the po to the main, or structure located on is to be connected of the house ver the CamPany in to the farthest corner barrier, whichever adjacent to the barr is the the most the parcel adz udgment determines its engineering j circ�tances. 'appropriate under the hfare. The in Public Thor- Mains to be Installed min other than a ( have a duty to locate ache Company may Company shall not ha hfare. In its discretion, anted to the public thoroug easement or right-of-way gr install a main. an the main in the public Canny where installation of in of the . impracticable Or installation ig judg"' `n thoroughfare Is a in the Company's engineer an easeme ,s distribution system' benefit the Company The revenue allowance Revenue Allowance* estimated annual (E} petermi-nation of Reve to three tis the attached n l be equal or customers to be extension s the customer the prospective customer or for each maw received free connecting the tap revenue to be r ted cost of the size of in less the estima shall be based on tars will receive the main to the main, whi-Ch Cost te customer or Cus extension, customers which the Prospect cost of the and meter through Ce exceeds there subject to the terms and If the revenue allowance service• free extension, ,, If the the main extension d in (F) below• conditions described Free Extension• ied (E} to Insure Connection to „ as identi.f (F) Grantee "free extension, a is estimated to be a ctive Custanepr to from such main extension may rerniire each Prospe , ted revenue three year s estimated above, the Company not to exceed customer connects to, and le deposit, that such prospective after the reasoner antee within nine month returned customer, to guar the main extension Each such deposit will be takes service from customer commences service Of the maw extension-prospective completion date the prospe I � to Q®ta to as soon as practicable after ���� CtiV GLty will retain the � ��� ®Tl. the Cow to it from the from t� ice fran the main extension, resulting ated and and take sew s for the loss anticipated deposit as liquidated damage e to CMT nce service of other customer s fail-ur sufficient number Of the main extension prospective unless a P the CmnpanY, s so as to qual.if relied upon by become custcur-r prospective cust as a free extension. -3- 1 ' (G) Allocation of Total Required Deposit Where There Is More Than One Prospective Customer. Unless otherwise agreed upon among the prospective customers, each shall pay to the Company his proportionate share of the total required deposit based on the ratio of the number of parcels for which he -requests water service to the total number of parcels for which water service is requested by all of the prospective customers. When a prospective customer owns more than one parcel but does not elect to arrange for service to all parcels, he may designate which of the parcels to be served. A separate main extension agreement shall be entered into with respect to each parcel for which water service is requested. (H) Cash or Secured Deposits. A prospective customer's deposit shall be made in cash or, in lieu of cash, it may be secured by an irrevocable letter of credit in a form acceptable to the Company and issued by a financial institution acceptable to the Company, which financial institution must be either (1) a bank or savings and loan association chartered under the laws of the State of Indiana, (2) a national bank having its principal office in Indiana, or (3) a federal savings and loan association having its principal office in Indiana. If the prospective customer desires to make the deposit in cash, the prospective customer shall either (1) pay the full amount of the deposit to the Company at the time of the execution of the main extension agreement, or (2) pay five percent (5%) of the full amount of the deposit to the Company at the time of the execution of the main extension agreement, in which case the remaining ninety-five percent (95%) of the full amount of the deposit must be paid to the Company before the Company's Engineering Department will release the main extension to the Company's Distribution Department for construction. If the prospective customer desires to secure the deposit by an irrevocable letter of credit, the prospective customer shall deliver to the Company at the time of the execution of the main extension agreement the irrevocable letter of credit, which, unless otherwise agreed to by the Company, shall be in the form of the Company's Standard Form irrevocable letter of credit. The terms and conditions of the Irrevocable Letter of Credit shall be consistent with the terms set forth in Indianapolis Water Company's Policies Governing Letters of Credit Securing Deposits Required in Connection with the Main Extension Agreements and the specific terms and conditions set forth in main extension agreement entered into by and betwEen the prospective customer and the Company. (I) When Deposits Collected Are Less than Total Required Deposit. In the event that the amount of deposits collected by the Company from the original depositors is less than the total required deposit when the Company is ready to commence installation of the main, the Company may elect either to cancel the project and return all deposits ,or to proceed with the main extension. If the Company elects to proceed with the main extension, the amount by which the total required deposit exceeds the deposits collected shall be identified as the Company's "repayable investment, " and no refunds will be made to depositors until the Company has recovered all of its repayable investment, with interest at the annual rate of one percent (1%) over local prime at the time the proposed written agreements for the main extension are sent by the Company to the prospective customer or customers. (J) Return of Deposits Upon Failure to Commence Construction. Upon receipt and retention by the Company of the total required deposit, no refund of any deposit will be made unless within 180 days after the Company's receipt of the total required deposit, construction of the main extension shall not have begun. In the event that the Company has not commenced installation of the main extension within 180 days after receipt of the total required deposit from the original depositors, the Company shall, upon written request from an original depositor, refund his deposit. Unless such refunded deposit and all other refunded deposits are replaced by the same or other original depositors within 90 days thereafter, the Company may cancel the project and refund all remaining deposits thereon. The Conpany shall not be liable for damage to any Y person, firm, corporation, organization or other entity for failure to install h :`'`p the main extension within any particular period of time regardless of the type of damage claimed. ' -4- L 2 ' .."ssai.iNYiYfl.L3�S:Y�L. W Connection and Service. An original depositor shall be entitled to one service pipe connection for each parcel for which a deposit is made. An original depositor shall connect to and receive water service from the main extension within nine months after completion date of the main extension and shall use and pay for such service for a period of at least three years. In the event the original depositor fails to connect to and take service form the main extension within nine months after the completion date of the main extension, the revenue allowance for such prospective customer shall be identified as the Company's repayable investment and no refunds will be made to the original depositors until the Company has recovered all of its repayable investment, with interest at the annual rate of one percent (1%) over local prime at the -time the proposed written agreements for the main extension are sent by the Company to the prospective customer or customers. The Company may also require a bond to enforce the faithful performance of the prospective customer's connection and service obligations. (L) Company May Install Larger Mains. The Company may install mains larger than the mains used to determine the cost of the main extension in order to provide for future extensions. The additional cost of installing such larger mains shall be the Company's expense. (M) Subsequent Connector's Fee. If the owner or occupant of any unconnected parcel abutting the main but not included in the original application for the main extension, 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 parcel to the main, pay a subsequent connector's fee for each parcel 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 parcels abutting the main used to compute the cost per parcel in determining the amount of the total required deposit from the original depositors for the main extension, unless otherwise determined in accordance with (D)(1) above. If the owner of land which abuts the main extension and was unplatted on the completion date of the main extension 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 parcels 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 parcel abutting the earlier main extension, regardless of whether such parcels are to be served by the earlier main extension or by the lateral main extension. Applicants for service connections for parcels within subdivision developments included in a main extension agreement shall not be required to pay a subsequent connector's fee. The subsequent connector's fee shall be in additional to any other charges which the subsequent connector must pay to the Company in order to connect to and receive service from the Company (N) Provisions Regarding Refund of Deposits. (1) All main extensions are the Company's property. The Company shall have the right to make further extensions therefrom without the original depositors being entitled to any refund by reason of such further extensions or connections thereto, except as provided in (M) above. (2) No refund shall be based on connections to the main extension made more than 10 years after the completion date of the main extension. In no event shall the total amount of the refunds to an original depositor exceed the amount of his deposit. No interest shall be paid on any deposit. (3) No refund of any deposit shall be made on account of any customer connecting to the main extension for whom a final revenue allowance was allowed in establishing or adjusting the amount of such deposit, or whose property does not directly abut upon the particular section of the public thoroughfare in which the main extension is installed. (4 ) In the event that more than one party contributes to the total required deposit, refunds shall be divided among the parties making the total required deposit in the same proportion as their -5- contributions bear to the total required deposit, unless otherwise provided for in the main extension agreement. (5) The Company shall notify the original depositor or depositors of the completion date of the main extension. Within 30 days after the first anniversary of said completion date, and within 30 days after the next nine anniversaries of said completion date, the Company shall compute credits toward its repayable investment, if any, and the refunds due the original depositor or depositors. Such credits shall consist of the sum of the following: (a) The subsequent connector's fees collected by the Company from customers connected to the main extension after the completion date of the main extension and for wham no credit has been previously allowed. (b) A revenue allowance in the amount specified in the main extension agreement for each single family residential customer who connected to the main after the completion date of the main extension and for wham no credit has previously been allowed. (c) A revenue allowance for each non-residential or multi--dwelling complex customer for wham no credit was previously allowed in the amount of three times the first normal 12-months' metered and private fire protection service bills paid by such customer within four years after connection to the main, less the Company's cost of so connecting them. If the connection occurs in the tenth year after the completion date of the main extension, the credit under this subparagraph (c) shall be based on the Company's estimate of the first normal 12-months' revenue from that customer for each non-residential or multiple dwelling unit complex customer who connected to the main extension and for wham no credit has previously been allowed. (d) A revenue allowance for each non-residential or multi-dwelling complex customer for wham a partial credit was previously allowed in the amount of three times the first normal 12-months' metered and private fire protection service bills paid by such customer, less the amount of the partial credit previously allowed. (7) All credits shall first be applied to pay to the Company its repayable investment and accrued interest thereon, if any. After the Company's repayable investment and interest thereon has been fully paid, all further credits shall be refunded to the original depositor or depositors by check mailed to the original depositor's last }mown address, as shown on the Company's books and records. Any refund which cannot be made after the refund becomes due and payable because the Company is unable to locate the intended recipient will be reported as unclaimed property to the State of Indiana in accordance with the Uniform Disposition of Unclaimed Property Act, IC 32-9-1-1, as the same may be amended from time to time. (8) In the case of a phased residential real estate development where the preliminary plat of the entire development, in a form satisfactory to the Company, is provided the Company at the time of the first request by the developer for a main extension, refunds may be aggregated as follows: During the ten-year period, beginning with the date that the first main extension for that development is placed in service, the amount of any refunds generated in excess of the deposit made on any phase of the development shall be applied against the deposit made for any earlier phase of the development, so long as the total amount of refunds to the original depositor does not at any time exceed the total amount of his deposits during such period. (0) Optional Surcharge Main Extension in Developed Residential Area. The Company will install a main extension for owners of single or double family dwellings.along an existing street in a developed residential area in accordance with the terms and conditions hereinafter described, provided each of said owners enter into a main extension agreement with the Company in which said owners, for themselves and their -6- successors in interest in the premises (hereinafter the "owner") , agree to become and remain customers of the Company for at least 60 consecutive months following the completion date,of the main extension and abide by the terms and conditions set forth in this Rule 12(0) . Upon request by the Company, applicants for such a main extension shall provide the Company with proof of their property ownership. The cost of the main extension shall be determined in accordance with Rule 12(D)(1) . To determine each owner's share of that cost, the Company will divide the cost of the main extension by the number of dwellings whose owners enter into the main extension agreement. That amount, plus the estimated cost of connecting the owner to the main, will be the responsibility of each owner and is hereinafter referred to as the "Full Owner's Share". Each owner entering into the main extension agreement will have the option of either paying to the Company for each affected dwelling at the time of the execution of the main extension agreement (1) the Full Owner's Share, less the Company's revenue allowance, for each dwelling or (2) a "Partial Owner's Share, " which shall be equal to the greater of (a) 10% of the Full Owner's Share or (b) the percentage of the Full Owner's Share required so that the monthly main extension surcharge (as hereinafter described) will not exceed a maximum amount. fixed by the Company from time to time. For those owners paying a Partial Owner's Share, the remainder of the Full Owner's Share (the "Remaining Balance") shall be paid to the Company through a "main extension surcharge" on his monthly water bill, over a 60-month period commencing the month following that in which the main is placed in service. The amount of such monthly main extension surcharge will be approximately 1/60th of the Remaining Balance. The Company shall not be entitled to any interest on the Remaining Balance, and an owner electing the Partial Owner's Share option shall not be entitled to a revenue allowance. Subsequent connectors to a main extension installed pursuant to this Rule 12(0) within 10 years following the in-service date of the main extension shall pay to the Company a subsequent connector's fee in an amount computed in accordance with Rule 12(M) . Until such time as the Company has recovered its investment in the main extension, less any revenue allowances made for a Full Owner's Share (company's "investment" ) , the Company will not be obligated to refund any subsequent connector's fees or revenue allowances connected therewith. The Company shall review all projects as of each anniversary of the in-service date of the main extension. If at that time the Company has recovered its investment, the Company will thereafter, until the end of the contract term, make refunds from subsequent connector fees and related revenue allowances, and from main extension surcharge payments as hereinafter described. Such fees, allowances and payments ill be divided equally, per dwelling, among all depositors of Full and Partial Owner's Shares. Those who have deposited a Full Owner's Share will be refunded the resulting amounts, The same amounts will be credited against the unpaid portion of the Remaining Balance on the contract obligation of the current owner of a premises for which a Partial Owners Share was deposited. No owner, however, shall be refunded, or credited for, amounts in excess of the sum of deposits and any payments made by such owner ( "owner's investment") . When the Company has recovered its investment and all owners have recovered their owner's investment, the main extension contract shall terminate and no further refunds will be made or subsequent connector fees collected. An owner that pays a Partial Owner's Share, but does not connect a service pipe to the main, shall be known as a "surcharge customer' . Since such a customer will not be receiving a monthly water bill, the Company will send the surcharge customer a separate monthly bill for the main extension surcharge. A monthly main extension bill which remains unpaid for a period of more than 17 days following the mailing of the bill by the Company shall be delinquent. If such bill remains delinquent for 7 days following the Company's mailing of a delinquency notice, said Qustome;' shaU be dew to have fogfe�ted to the CcM9=y his Partial Owner's Share and all monthly surcharge payments previously made to the Company, Quwing the. term of the u�ain Nten5ion contract, any subgiecgnt -applicant for water service to the owner's premises, including a defaulting surcharge customer as provided for in the foregoing sentence, shall be deemed a subsequent connector and pay a subsequent connector's fee for such service. -7- An owner that occupies a dolling served by a service pipe connected to the main extension installed pursuant to this Rule 12(0) must pay all main extension surcharges by the due date of the accompanying water bill. A monthly main extension 'surcharge which remains unpaid for a period of more than 17 days following the mailing of the bill by the Company shall be delinquent. If such bill remains delinquent for 7 days following the Company's mailing of a disconnect notice, the Company may declare the entire unpaid amount of the owner's Remaining Balance immediately due and payable, and upon non-payment thereof, may disconnect water service to the owner's premises. An owner leasing to others a dwelling served by a service pipe connected to the main extension shall agree with the Company, for the years that the monthly surcharge payment will remain in effect, that the owner is the customer and will receive and pay the monthly bills for water service and the main extension surcharges. Said owner shall further agree that if the,monthly main extension surcharges are not received by the company within 7 days following the Company's mailing of a disconnect notice, the Company may declare the entire amount of the owner's unpaid Remaining Balance immediately due and payable, and upon non-payment thereof, may disconnect water service to the owner's premises with notice and in accordance with Rule 4. In the event of a disconnection of water utility service under this Rule 12(0) , such service may thereafter be restored only when the entire amount of the owner's Remaining Balance and the Company's disconnect and reconnect charges have been paid. The failure of one or more owners that paid a Partial Owner's Share to pay all of his or their monthly main extension surcharges shall not preclude Company from collecting monthly main extension surcharge payments from other owners and subsequent connector fees until it repayable investment has been recovered. (P) Other Rules. All main extensions shall be installed, service connections made and water service rendered by the Company in accordance with all applicable rules and standards prescribed by the Ccxrmission and the Company's rates, charges and rules approved by the Com-nission and in effect from time to time. -8- 1I9N1/4r\fV'VLiJ YYNIGn•.vr�rn■• MAIN EXTENSION AGREEMENT NO. D00-019 PROTECT NAME AND LOCATION Clay Center oadL12020 N THIS AGREEMENT,entered into on the (date)ofW (month)2000,by and between ("Depositors Name")and Indianapolis Water Company,an Indiana corporation("Company"), WITNESSES THAT: WHEREAS,the Depositor and other prospective customers have requested the Company to extend its main so as to make water utility service available to their parcels,and the Company is willing to do so upon the following terms and conditions, NOW THEREFORE,in consideration of the covenants,agreements and undertakings hereinafter provided,and each act to be performed pursuant hereto,the parties agree that: 1. Standard Conditions.This agreement is subject to the Company's Standard Conditions for Main Extensions,a copy of which may be obtained upon request 2. Main Extension and Cost.The Company will install,own,operate and maintain the main extension,which will consist of: 700 feet of 16-inch water main south from existing main in Clay Center Road to serve 12020 N.Clay Center Road. fire hydrants located as determined by policies of the Company and public fire protection agencies: and related appurtenances. The cost of the main extension is$31,100.00 3. Amount of Immediate Revenue Allowance. In determining the total required deposit,the Company has allowed an immediate revenue allowance in the amount of$735.00 per depositor for full cash payment contracts. No revenue allowance will be made for partial cash deposit contracts. 4. Total Number of Depositors.The number of depositors required prior to the Company commencing construction of the main extension is one(1). 5. Cash Deposit Contract. Concurrently with the execution of this agreement,the Depositor has paid to the Company the sum of$30,566.00,which amount represents the Depositors share of the total required deposit. This amount includes a$201.00 connection fee. -or- 6. Partial Cash Deposit Contract. Concurrently with the execution of this agreement,the Depositor has paid to the Company a partial deposit of $29,201.00,with a contract for monthly surcharge of$35.00 for 60 months.This amount includes a$201.00 connection fee. If the Depositor fails to connect to and take service from the main extension within nine months after the in service date of the main extension or fails to pay the monthly surcharge,the Company shall retain the deposit and any surcharges paid as liquidated damages for the loss resulting to it from the Depositors failure to commence service or to pay surcharges as anticipated and relied upon the Company. The owner of the dwelling will receive and pay the monthly bill for water service and main extension surcharges. Said owner shall further agree that if payment is not received by the Company within 17 days following the Company's mailing of the bill,the Company may declare the entire amount of the customers allocable share of the remaining balance immediately due and payable,or disconnect water service to the premises. 7. Other Depositors. It is anticipated that counterparts of this agreement will be executed,and deposits will be made by other prospective customers desiring to connect to the main extension. Each such counterpart shall be substantially in the form hereof and require a deposit,in a cash amount not less than$NIA,for the full deposit or a partial deposit of$N!A with a monthly surcharge of$NIA for 60 months,but no such counterpart shall be entered into after the in service date of the main extension. 8. Subsequent Connector's Fee. Each subsequent connector shall be required to pay to the Company the amount of$15,751.00 for each parcel to be connected to,and receive service from,the main extension:This amount includes a$201.00 connection fee. This subsequent connector's fee is collected for ten years from the in-service date of this main extension. 9. If Deposits Collected Are Less Than Total Required Deposit Counterparts of this Agreement are being provided to each Depositor. If the Company does not receive from each Depositor an executed counterpart of this Agreement,together with the cash deposit required to be made by such Depositor,so that the Company has received the number of deposits required in paragraph 4 above,the Company may either(1)cancel the main extension and return the deposits collected in which event this Agreement shall be void and of no effect,or(2)proceed with the main extension,in which event the amount by which the total required deposit exceeds the deposits collected shall be identified as the Company's "repayable investment,"and no refunds will be made to the Depositors until the Company has recovered all of its repayable invinent,with interest at the annual rate of(N/A)%. 10. Refunds. Any refunds to the Depositor with respect to his deposit will be determined and made in accordance with the refund provisions of the Company's Standard Conditions for Main Extensions. 11. Connection and Use. The Company will notify the Depositor of the in service date of the main extension,and the Depositor shall connect to the main extension and commence water service from the Company within nine months after said in-service date. Water service from the Company shall be used by the premises so connected to the main extension for a period not less than five(5)years. Depositor acknowledges that the cost of the service pipe from the main extension to the premises shall be paid by the Depositor as a separate expense. In accordance with 327 1A 8- 10-5,a private well,or water lines connected to a private well,shall not be connected In any manner to water lines supplying water from the public water supply system to the premises served. 1 12. 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 Depositor 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 Depositor. DEPOSITOR VOUCHER # 122530 WARRANT # ALLOWED T1848 IN SUM OF $ LANTER, EARL 13751 Deer Ridge Place Carmel, IN 46033 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members i PO# INV# ACCT# AMOUNT Audit Trail Code 102212 02-1140-00 $15,751.00 Depreciation Voucher Total $15,751.00 Cost distribution ledger classification if claim paid under vehicle highway fund ■ 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 T1848 LANTER, EARL Purchase Order No. 13751 Deer Ridge Place Terms Carmel,'IN 46033 Due Date 10/22/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/22/201: 102212 $15,751.00 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 j�11.L11 L Date Officer