Road Work Agreement - Brookshire Pinese
4
AGREEMENT WITH RESPECT TO
ROAD WORK
TI -IIS AGREEMENT executed as of the ;,?of day of
1978 by and among Lumber Mart, Inc., an Indiana Corporati�>
'("Lumber"), the CITY OF CARMEL, INDIANA, acting by and through
its Board of Public Works (City) and the HAMILTON COUNTY BOARD
OF COMMISSIONERS (The Commissioners) ,
WITNESSETI-I:
WHEREAS, Lumber -is the legal or,equitable owner of the.real
estate in Hamilton County, Indiana, described.in Exhibit A
hereto (The Real Estate); and
WHEREAS, Lumber desires to develop the Real Estate as a
residential subdivision and, in 'connection therewith, has
petitioned to have the Real Estate annexed to the City of Carmel;
and
WHEREAS, the Real Estate is bounded on the east by Gray
Road, on the south by 126th Street and the north by 131st Street
("Road") which is part of the county highway system maintained by
the Commissioners; and
WHEREAS, Lumber, the City and the Commissioners desire to
provide for the improvement of the Road and the Street in
connection with the development of the Real Estate,
NOW THEREFORE, in consideration of the premises and of the
mutual covenants herein contained Lumber Mart, Inc., the City and
the Commissioners agree as follows:
1. The Road.
(a) Lumber shall, on or before the earlier of (i) the
date it commences development of residential lots abutting the
Road or (ii) December 31, 1980 (The Commencement Date), pay the
cost of or cause to be accomplished the (A) widening of the west
half of the Road to accommodate twelve (12') of pavement and a
six (6) foot shoulder, (B) forming the requisite drainage ditches
on the west side of the Road and grading the area abutting the
west side of the Road to finished grade, and (C) scarifying the
west half of the Road,
(b) _ Lumber shall, on or before the earlier of (i) the
date it completes development of that portion of the Real Estate
that abuts the Road or (ii) December 31, 1982 (the Completion
Date), pay the cost of or cause to be accomplished the installa-
tion of a one inch (1") top coat of asphalt upon the westerly
twelve feet (12') of the Road,
(c) The Commissioners shall, on or before the Commencemen
Date,•pay the cost of or cause to be accomplished the (A) widening
of the east half of the Road to accommodate twelve feet (12') of
pavement and a six (6) foot shoulder, (B) forming the requisite
drainage ditches on the east side of the Road and grading the
area abutting the east side of the Road to finished grade, (C)
scarifying the east half of the Road, and (D) installing' three
inches (3") of asphaltic and one (1") inch top pavement on the
entire twenty-four feet (24') pa
(d) All work required
Commissioners pursuant to this A
accordance with'the specificatio
County secondary roads in effect
(e) At such time as L
completed all work on the Road r
City shall accept the Road for m
2. !Miscellaneous.
(a) All references in
onlyT.to'such portions thereof as
(b) This Agreement shal
shall be binding upon the success
hereto.
IN IVITNESS WHEREOF, this'Agr
the date first above written.
HAMILTON
•
'ement area of the Road.
to be done by Lumber and the
;regiment shall be done in
is for construction of Hamilton
on the date of thisAgreement,
imber and the Commissioners have
!quired by this Agreement, the
Lintenance by the City.
this Agreement to the Road is
abut the Real Estate.
1 ihure to the benefit of and
ors and assigns of the parties
eemeht has been executed as to
LUMBER MART, INC.
Miert . Hug e / '
Vice -President
"Lumber"
COU BOARD c : 1 IONERS
a. to / '/
ommissi.-er
arta. 41 de
ommissioner
IIIP
e.6.44
Commissioner
"Commissioner"
THE CITY OF CARMEL, INDIANA,
acting through its Board of
Public Works
•
Mayor
•
City Attorn:y
n
4.114
City Engine: r
OFFICE OF
THE CITY ENGINEER
CITY OF CARMEL
Mr. Al Hughey
Lumbermart, Inc.
522 S. Rangeline.Road
Carmel, In 46032'
Dear Al:
ALBERT B, PICKETT, Mayor
December 18, 1978
130 1st AVENUE S.W.
CARMEL, INDIANA 46032
FRED HOHL
CITV ENGINEER
Enclosed is the proposed agreement for Road improvements on Gray Road
contiguous to Brookshire Lakes subdivision. (I don't believe you have
received one previously). If this agreement is acceptable, please
sign all three copies and transmit to Hamilton County for signature.
They in turn should sign all three and transmit to Carmel for
signature.
FH/dlc
Very truly yours,
Fred Hohl
City Engineer
Q; C S 6 5 CAvea
�l7--0
AGREEMENT WITH RESPECT TO
ROAD WORK
THIS AGREEMENT executed as of the day of
.1978 by and among Lumber Mart, Inc., an.Indiana Corporation,
("Lumber"), ,the CITY OF CARMEL, INDIANA, acting by and through
its Board of Public Works (City) and the HAMILTON COUNTY BOARD
OF COMMISSIONERS (The Commissioners),
WITNESSETH:
WHEREAS, Lumber is the legal or equitable owner of the real
estate in Hamilton County, Indiana, described in Exhibit A hereto
(The Real Estate; and known as Brookshire. Lakes subdivision; and
WHEREAS,•Lumber desires to develop the Real Estate as a
residential subdivision and, in connection therewith, has
petitioned to have the Real Estate annexed to the City of Carmel;
and
WHEREAS, the Real Estate is bounded to the west by Gray
road, ("Road') which is part of the county highway system maintained
by the Commissioners; and
WHEREAS, Lumber, the City and the Commissioners desire to
provide for the improvement of the Road in connection with the
development of the Real Estate,
NOW THEREFORE, in consideration of the premises and of the
mutual covenants herein contained Lumber Mart, Inc., the City and
the Commissioners agree as follows:
1. THE ROAD.
(a) Lumber shall, on or before the earlier of (i) the
date it commences development. of residential lots abutting the
Road ofi(ii) December 31, 1980 (The Commencement Date), pay the
cost of or cause to be accomplished the (A) widening of the east
half of the road to accommodate twelve (12') of pavement and a
six (6) foot shoulder, (B) forming the requisite drainage ditches
on the west side of the Road and grading the area abutting the
east side of the Road to finished grade, and (C) scarifying the east
half of the Road,
(b) Lumber shall, on or before the earlier of (i) the
date it completes development of that portion of the Real Estate
that abuts the Road or (ii) December 31, 1982 (the Completion
Date), pay the cost of or cause to be accomplished the installa-
tion of a one inch (1") top coat of asphalt upon the easterly
twelve feet (12') of the Road,
(c) The Commissioners shall, on or before the Commencement
Date, pay the cost of or cause to be accomplished the (A) widening
of the west half of the Road to accommodate twelve feet (12') of
pavement and a six (6) foot shoulder, (B) forming the requisite
drainage ditches on the west side of the Road and grading the
area abutting the west side of the road to finished grade, (C)
scarifying the west half of the Road, and (D) installing three
_rches (3") of asphaltic binder pavement on the entire (24') pavement,
and one (1") inch top pavement on the westerly twelve (12') of pavement
area of the Road.
•
(d) All work required to be done by Lumber and the
Commissioners pursuant to this Agreement shall be done in
accordance with the specifications for construction of Hamilton
County secondary roads, in effect on the date of this Agreement,
(e) At such time as Lumber and the Commissioners have
completed all work on the Road required by this Agreement, the
City shall accept the Road for maintenance by the City.
2. Miscellaneous.
(a) All references in this Agreement to the Road is
only to such portions thereof as abut the Real Estate.
(b) This Agreement shall inure to the benefit of and
shall be binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, this.Agreement has been executed as to
the date first above written.
LUMBER MART, INC.
Albert L. Hughey
Vice -President
"Lumber"
HAMILTON COUNTY BOARD OF COMMISSIONERS
Commissioner
Commissioner
Commissioner
"Commissioner"
THE CITY OF CARMEL, INDIANA
acting through its Board of
Public Works
Mayor
City Attorney
City Engineer
EXHIBIT A
Part of the Northwest 'Quarter of Section 28, Township 18 North
Range 4 East in Hamilton County, Indiana, more particularly ;