PSI Energy - Old Town DevelopmentUTILITY REIMBURSEMENT AGREEMENT
(Old Town Development Project)
THIS AGREEMENT, made and effective this 1) w day of Q9<-, 1
2006,
is by and between PSI Energy, Inc., an Indiana electric public utility corporation
(hereinafter referred to as "PSI "), the City of Carmel, an Indiana municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as
"the City "), and City of Carmel Redevelopment Commission (hereinafter referred to
as "CRC ") .
WITNESSETH:
WHEREAS, as an Indiana public utility, PSI has the right under Indiana law to
construct, operate and maintain its utility facitlities upon Indiana public road right of way
including but not limited to, the CRC's Old Town Development Project At Rangeline
Road, East Main Street and e` Street S. E. ( "Old Town ") in Carmel, Indiana; and
WHEREAS, pursuant to that legal right, PSI has constructed and now operates and
maintains certain overhead electric line facilities upon said Old Town which are more
particularly shown on PSI Drawing #D- 132- 4155 -L (hereinafter referred to as "the Utility
Facilities "); and
WHEREAS, the CRC needs to make certain improvements to Old Town, and the
CRC and PSI have determined that the Utility Facilities will need to be relocated before
this improvement can be made by the CRC and City; and
WHEREAS, the City has acquired or will acquire at the expense of the CRC, a
relocation area to be platted as "mini- streets" and designated as public road right of way
for the Utility Facilities which PSI has determined is suitable; and
WHEREAS, the CRC has requested PSI to relocate the overhead Utility Facilities to
said relocation area in an underground manner, as described on Exhibit "A;" and
WHEREAS, PSI is willing to relocate the Utility Facilities in an underground manner
to said relocation area; provided that the CRC reimburses PSI for the costs actually
incurred by PSI so to do, and for any costs actually incurred by PSI in the future in the
event the underground Utility Facilities need to be adjusted, removed, supported,
altered, and /or relocated at any time or times (a) for another highway improvement
project and /or (b) for any other project of the City or other governmental entity; and
WHEREAS, the CRC and City are willing to reimburse PSI for such present and
future costs subject to the terms and conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual promises from, to and
between PSI, CRC and the City, hereinafter contained, PSI, CRC and the City do
hereby agree to and with each other, as follows:
SECTION I. PSI with its regular construction or maintenance crew and personnel,
at its standard schedule of wages and working hours, or by an approved contractor, will
relocate the overhead Utility Faciliites in an underground manner, as described on
Exhibit "A" (hereinafter referred to as "the Work "). The preliminary estimated cost
thereof is $195,701.00 as shown on the attached Exhibit "B."
SECTION II. The CRC shall reimburse PSI for the actual costs incurred by PSI to
perform the Work within thirty five (35) days after receiving a written, itemized statement
from PSI. PSI shall have the right to submit such statements for progress payments as
the Work proceeds. At such time PSI determines the actual costs of the Work are likely
to exceed by more than $50,000, the preliminary estimated cost as shown in Exhibit "B,"
PSI shall advise the CRC in writing, specifying the likely amount, and not proceed futher
with the Work until the CRC notifies PSI in writing to proceed.
SECTION III. PSI shall not start the Work until (a) written notice has been given to
PSI by the CRC that the Work has been authorized and funds are available to reimburse
PSI, (b) the CRC has denoted the public road right -of -way line by staked survey or other
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proper means, and (c) the CRC had paid PSI the amount of $83,900.00, the same being
the aforestated material costs of the preliminary estimated cost of $195,701.00.
Delivery of said written notice by the CRC to PSI shall also constitute CRC's affirmation
that it has acquired the necessary public road right -of -way area for the relocation area
and the Work.
SECTION IV. The City shall also reimburse PSI for any costs actually incurred by
PSI in the future in the event the underground Utility Facilities need to be adjusted,
removed, supported, altered, and /or relocated at any time or times (a) for another
highway improvement project and /or (b) for any other project of the City or other
governmental entity.
SECTION V. PSI, and its contractor and subcontractors, if any, shall not
discriminate against any employee or applicant for employment, to be employed in the
performance of this Agreement, with respect to her /his hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related to employment
because of her /his race, color, religion, national origin or ancestry. Breach of this
covenant may be regarded as a material breach of this Agreement.
SECTION VI. PSI shall indemnify and hold harmless CRC and the City from and
against any and all legal liabilities and other expenses, claims, costs, losses, suits or
judgments for damages, or injuries to or death of persons or damage to or destruction of
property arising out of the Work (hereafter "Claim "); provided, however, that where CRC
and the City is negligent or engages in intentional misconduct with respect to the
occurrence or occurrences giving rise to the Claim, PSI shall have no duty to indemnify
and hold harmless CRC and the City.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by through their duly authorized representatives, effective the date first above
written.
PSI ENERGY, INC.
e1 Lfil
(Signature)
CITY OF CARMEL
RE ' EVELOPMENT COMMISSION
ddt.aive. /•
(Signature)
Ronald E. Carter
President
Ellen M. Hubbard
Sr. R. E. & Right of Way Specialist
CITY OF CARMEL,
BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY
By:
, Mayor
Printed Name:
Printed Title:
Dated:
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By: / _ . ,iii S ._, _; ., , /Member
Printed Na : /1/4-4/ AV) Rvit Pi
Printed Title: s I%iP� e
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Dated: — 1?-0'
By:
, Member
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Printed Name.LBr2 a 5 l tJc °yam
Printed Title: VnQ..n�a i
Dated:
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Attest: //
Ceti tV0..
Sandra M. Johnson,
-
{Id ;i ; ' �I(.001 -- Deputy Clerk for
- Treasurer
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