Water Reimbursement Agreement - BrenwickAPPROVED AS TO FORM BY
WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEI ,
INDIANA AND BRENWTCKTND COMMUNITIES, LLC
This Agreement is entered into by and between the City of Carmel, Indiana by and
through its Board of Public Works and Safety (hereinafter "City ") and 13reiiwiek TND
Communities, LLC an Indiana Limited Liability Company (hereinafter "Brenwick ") on this
11-0 day of Lt5$efl_Vk -, 2005.
1•V11'NESSETII:
WHEREAS, the City has duly adopted and enacted City Code Chapter 9, Division 11,
Sections 9 -25 through 9 -44 (collectively, the "Ordinance') that provides in part for the
reimbursement from the "Water Availability -Mains Fund" of private funds expended to extend
and oversize the water distribution system, as well as the method of reimbursement; and
WHEREAS, Brenwick desires to extend the off -site water distribution system for Village
of WestClay (the "Development ") as follows:
A. Construction Materials — SEE ATTACHED EXHI131T "°A"
As per certified Construction Drawings from The Schneider Corporation on file in
the City of Carmel Department of Utilities entitled "126'x' Street Water Main
Extension'', The Schneider Corporation Job Number 5416.001 having a plan date
of 08/15/05 with no revisions noted. Also, contained within certified
Construction Drawings from The Schneider Corporation on file in the City of
Carmel Department of Utilities entitled `Village of WestClay Section 600E1, The
Schneider Corporation Job Number 1238.6001 having a plan date of 03/01/05 last
revised on 09/19/05.
WHEREAS. Brenwick desires to receive refunding of reimbursable monies expended on
the Developments, pursuant to the Ordinance.
NOW THEREFORE, the parties agree as follows:
A. The foregoing recitals are hereby incorporated herein and made part
thereof.
B. This written agreement is entered into subsequent to the completion of
construction of the Development_
C. Brenwick shall advance the sum of $233,074.00, to or on behalf of the
City to pay for the offsite water main extension (the "Water Extension "),
the description of which is us follows: Water Main Extension for Village
of WestClay.
D. The City has determined that the above expenditure is necessary to
provide water to the Development and to meet the requirements of the
City.
E.
F.
J.
K.
The City and Brenwick agree that Brenwick shall he entitled to
reimbursement of the sum of $233,074.00, pursuant to and in accordance
with the terns of the Ordinance, such monies to be paid solely from the
"Water Availability -Mains Fund" established by acreage availability
charges assessed by the Ordinance.
The City's sole obligation hereunder shall be to repay the above sum or
such portion of the above sum as may be available for payment from
monies deposited in the "Water Availability -Mains Fund" only, in
accordance with the payment provisions set forth in the Ordinance, and the
City does not incur any liability whatsoever for the repayment of same
other than to make such payments as are properly available under the
Ordinance from monies deposited in the "Water Availability -Mains
Fund ".
Subject to the terms of the Ordinance and this Agreement, payments from
the "Water Availability -Means Fund" to Brenwick towards the satisfaction
of the suns set forth above shall he made on a quarterly basis. Such
payments to Brenwick shall be prior to any other payments from the
"Water Availability -Mains Fund" to any other persons pursuant to similar
agreements entered into subsequent to the date of this Agreement.
The City does not guarantee Brenwick the advanced funds referenced
herein will be fully reimbursed.
Brenwick agrees to comply with all present and future federal, state and
local laws, executive orders, rules, regulations, codes and ordinances
which are applicable to Brenwick's performance of its obligations under
this Agreement, and all relevant provisions thereof are incorporated herein
by this reference. Brenwick agrees to indemnify and hold harmless City
from any and all losses, damages costs, attorney fees and /or liabilities
resulting from any violation by Brenwick and /or its employees of such
law, order, rule, regulation, code or ordinance. This indemnification
obligation shall survive the termination of this Agreement.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Indiana, except for its conflict of laws provisions,
as well as by all City ordinances and codes. The parties further agree that,
in the event a lawsuit is filed hereunder, they agree to tile such lawsuit in
an appropriate court in Hamilton County, Indiana only, and agree that
such court is the appropriate venue for and has jurisdiction over sank.
Brenwick shall indemnify and hold harmless City and its officers,
officials, employees, agents, and assigns from any and all losses,
liabilities, claims, judgments and liens including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional
or negligent act or omission of Brenwick and /or any of its employees and,
except for intentional misconduct of its agents, outside sources,
contractors or subcontractors, in the performance of the Development, the
Water Extension and/or this Agreement. This indemnification obligation
shall survive the termination of the Agreement.
M.
N.
O.
Brenwick represents and warrants that it and each of its employees agents,
contractors, subcontractors, and outside sources shall comply with all
existing and future laws of the United States, the State of Indiana and City,
prohibiting discrimination against any employee, applicant for
employment and/or other person in the subcontracting of work and/or in
the performance of any work on the Developments or the Water Extension
as contemplated by this Agreement with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly
related to employment, subcontracting or work performance hereunder
because of race, religion, color, sex, hanclicap, national origin, ancestry,
age, disabled veteran status or Vietnam era veteran status. The City
reserves the right to collect a penalty as provided in IC5- 16 -6 -1 for any
person so discriminated against. This indemnification obligation shall
survive the termination of the Agreement.
Brenwick shall not cause or permit the filing of any lien on any of City's
property. In the event such a lien is filed of record and Brenwick fails to
remove it within thirty (30) days after the date of filing thereof, by
payment or bonding, the City, shall have the right to pay such lien or
obtain such bond, all at Brenwick's sole cost and expense. Brenwick shall
indemnify and hold harmless the City from any and all such liabilities,
losses, claims, costs, attorney fees, expenses and/or damages incurred by
the City in connection with any such lien or the removal thereof. This
indemnification obligation shall survive the termination of this
Agreement.
If any provision or portion of this Agreement is held to be invalid, illegal
or unenforceable by a court of competent jurisdiction, that provision or
portion thereof shall be stricken, and all other provisions of this
Agreement which can operate independently of such stricken provision
shall continue in full force and effect.
The terns, conditions and obligations of this Agreement shall be binding
on the City and Brenwick, and their respective officers, officials, agents,
partners, successors and assigns.
This Agreement contains the entire agreement of and between the parties
hereto with respect to the subject matter hereof, and no prior agreement,
understanding or representation pertaining to such subject matter, written
or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted from except by an agreement in
writing signed by both parties hereto and/or their respective successors in
interest.
Each party hereto represents and warrants that it is authorized to enter into
this Agreement and that any person or entity executing this Agreement on
behalf of such party has the authority to bind such party or the party which
they represent. as the case may be.
IN WITNESS WHEREOF, the parties have executed this Agreement 011 the date first above
written.
13RENWICKTND COMMUNTIES, LLC,
AN INDIANA LIMITED LIABILITY
COMPANY
Printed Name
(� MrjwA-C ,
Title
Date: to b[4..Hi
CITY OF CARMEL, INDIANA
By and through its Board of Public
Works and Safety
BY:
tyor James Brainard
Date:
Mary An
Date:
Lori A
Date:
ATTEST:
I3urkc, Member
atson,
ber
11) Ib/O's
ao
Ur. M. ✓o
ana Cordray, IA
Clerk - Treasurer
Date:
Sac-
Emleot A
' 1v : i ^WATEHIMAINS -r UNIT,COSTS;,;
126th Street Water Main Extension
Depth
Quantity'
Unit Cost
Total Cost
3" Main (LF)
0
$0.00
SO
3" Gate Valve(EA)
50.00
$0
3" Blow- Off(EA)
S0.00
$0
6" Main (LF)
0
50.00
SO
6" Gate Valve(EA)
$0.00
50
6" Blow- Off(EA)
50.00
50
8" Main (LF)
0
50.00
50
8" Gate Valve(EA)
0
$0.00
$0
8" Blow - Off(EA)
$0.00
$0
10" Main (LF)
0
$0.00
$0
10" Gate Valve(EA)
0
$0.00
50
10° Blow - Off(EA)
$0.00
$0
12" Main (LF)
1338
540.50
$54,189
12" Gate Valve(EA)
3
$1,650.00
$4,950
12" Blow- Off(EA)
$0.00
SO
16° Main (LF)
50.00
50
16" Gate Valve(EA)
0
50.00
SO
16" Blow-011(EA)
50.00
50
20" Main (LF)
50.00
$0
20 "Gate Valve(EA)
$0.00
$0
20" Blow- Off(EA)
$0.00
$0
. Fire Hydrants (EA)
4
52250.00
$9,000
FH Aux Valves (EA)
, -..' ,4: i`. :1:1
51.000.00
$4,000
Sand Bedding
(TN)
480
$8.00
53,840
#8 Stone
(TN)
66
513.75
5908
Asphalt Patches
(LS)
2
$1,495.00
$2,990
Utility Conflicts
(LS)
1
53,457.00
53,457
Connect to Existing /Final Tie In
(LS)
1
$2,894.00
$2,894
Assist with Bore
(LS)
1
512,992.00
$12,992
Directional Bore
(LS)
140
566.17
$9,264
rah' ?L11, 'i'hx_ . TOTAL
> $108,483
Valenti Held Contractor /Developer, Inc.
PA6c of 2-
64
4:54 PM 126th Street Watermain Extensionl 10/13/2005
.,.'..,ii .; •.•. ■•• . ., WATERIMAINS.-- UNIT.COSTS f:.,,. .ut.
,. ..yri ,wi.y,,
West Clay 6001
Depth
Quantity -
Unit Cost
Total Cost
3" Main (LF)
0
$0
3" Gate Valve(EA)
$0
3" Blow- Off(EA)
$0
6" Main (LF)
0
50
6" Gate Valve(EA)
$0
6" Blow - Off(EA)
$0
8' Main (LF)
5588
$24.25
$135,509
8" Gate Valve(EA)
26
$1,150.00
$29,900
8" Blow- Off(EA)
S0
10" Main (LF)
0
$0
10" Gate Valve(EA)
0
SO
10" Blow- Off(EA)
$0
• ' 12" Main (LF)
.: 2742
.•
, 533.50
'
$91,857'
12" Gate Valve(EA)
6
' '
51,600.00
-
'' $9,600'
r12" Blow- Off(EA) '. - ,
- .
'.
'? • r SO',
16" Main (LF)
0
SO
16" Gate Valve(EA)
0
$0
16" Blow- Off(EA)
SO
20" Main (LF)
50
20' Gate Valve(EA)
$0
20" Blow- Off(EA)
SO
12" Eire Hydrants (EA) • .
4
' •
52;200.00
11 58,800'
FH Auz Valves (EA)
3
"�..
..
$550.00
•
:.52,850
Fire Hydrants (EA)
17
52,200.00
$37,400
FH Aux Valves (EA)
14
5950.00
$13,300
Air Release Vavles
(EA)
SO
#53 STONE
(TN)
144
$8.75
$1,260
-12" Sand Backfili
Sand
=
. 1
%,' n 15841
■,•
$7.25
t
$11,484
Sand Backfill
(TN)
2069
$7.25
515,000
"18 44 .12'';WATERMAIN'TOTAL111
_ 0.12" ;TOTAL1M..
:19
•■REMAINING, WATER TOTAL
Valenti Held Contractor /Developer, Inc.
Ti71wt- b tat to.4111 Aa/-E
s /r/B,Y33
• /ya, 59t
Nit erf L
EsivnfiuR$46LE
,Jea aE1 Mfl
5:04 PM West Clay 6001(Rev 8- 23- 05)(Forcemain -storm conflict) 10/13)2005