Saddle Creek Homeowners Association and Hamilton County Drainage Board/Eng/23,500/Dredging of Pond 11a
AN AGREEMENT FOR PAYMENT OF PROJECT COST
This Agreement entered into by and among the Saddle Creek Homeowners Association,
("the Association"); the Hamilton County Drainage Board, ("the Drainage Board"); and the City
of Carmel, Indiana ("the City").
WITNESS THAT:
WHEREAS, the Association is the owner of, and has maintenance responsibly for, eleven
(11) detention ponds that are included within the various sections of Saddle Creek Subdivision
("the Subdivision") located in western Clay Township, Hamilton County, Indiana; and,
WHEREAS, the stormwater from the Subdivision is gathered, detained, and discharged
from the detention ponds; and,
WHEREAS, the Association believes that the first priority for improving stormwater
issues within the Subdivision is to dredge Pond 11, which pond is located in the northwestern
most section of the Subdivision ("the Project"); and,
WHEREAS, the Association has entered into a Contract with Heartland Dredging, ("the
Contractor") to dredge the Pond 11 at an estimated cost of Seventy Thousand Dollars ($70,000);
and,
WHEREAS, the Drainage Board and the City, are each willing to pay one-third (1/3) of
the cost of the Project, not to exceed Twenty-three Thousand Five Hundred Dollars ($23,500).
IT IS THEREBY AGREED by and between the parties as follows:
1. The Association agrees to enter into the Contract with the Contractor to complete the
Project.
2. The parties agree that the design, scope, implementation, construction, and contract
administration of the Project is the sole responsibility of the Association and neither the Drainage
Board nor the City has any responsibility to the design, construction, or completion of the
Project.
3. All costs of the Project shall be paid by the Association. Upon the partial completion
of the Project, the Association may file verified claims with the Drainage Board and the City for
reimbursement on the forms attached hereto.
4. The Drainage Board shall pay the first Twenty-two Thousand Dollars ($22,000) of
the reimbursed costs to the Association and the City shall pay the next Twenty-two Thousand
Dollars ($22,000) of the reimbursement costs.
5. The balance of both of the Drainage Board and City's costs of the Project in excess of
Twenty-two Thousand Dollars ($22,000) shall be reimbursed, if due, at the completion of the
Project.
6. The Association, acknowledges and represent as follows:
a. The Association, and/or its representatives have been solely responsible for the
design and implementation of the Project.
b. Neither the Drainage Board, nor the City, have made any representation or
warranty that the Project, as designed, will provide substantial positive benefits to
Pond 11; the other ponds within the Subdivision; or land within the Subdivision.
c. The sole purpose of this Agreement is for the Drainage Board and the City to
assist in paying part of the cost for the Project as selected, designed, constructed,
and managed by the Association.
d. By providing assistance to the Association in paying part of the cost of the
Project, neither the Drainage Board or the City, shall be deemed to have accepted
any future jurisdiction or maintenance duties for Pond 11, or any of the ponds in
the Subdivision, nor shall the Drainage Board or the City's participation in the
funding of this Project be deemed as an admission or assumption for liability for
any future drainage projects within the Subdivision unless the Drainage Board
and the City have any such duties on the date of execution of this Agreement.
e. The Association represents and warrants that it has authority to contract with the
Contractor to perform the work as set out in the Contract, including lawful means
for ingress and egress to the Project; the authority to place and operate the
equipment for the Project; to use the land necessary to complete the Project; and
to dispose of the spoils from the Project.
7. The Association agrees to indemnify and hold harmless the Drainage Board and the
City for any and all liability which might result from the construction of the Project, and any and
all claims that may be brought against the Association, the Drainage Board, or the City arising
out of the design, implementation and conclusion of the Project, it being the understanding of the
parties that the Association shall be solely responsible for any and all indirect or direct liability to
any person or entity resulting from the construction of the Project.
8.. The Association for the Contractor shall maintain in full force and effect, during the
terms of the Project general insurance insuring the Contractor, the Association, the City, and the
Drainage Board for liability and claims from third parties up to One Million Dollars per person
and Three Million Dollars per occurrence. The City and the Drainage Board shall be provided a
Certificate of Insurance showing such coverage prior to the Project.
9. The Drainage Board and the City shall have the right to access the site of the Project,
and shall be informed of the progress of the Project. Representatives of the Drainage Board and
the City may inspect the Project, but have no duty to change, alter, redesign, or take any acts
concerning the construction of the Project, other than to assure that the reimbursement payments
described above, are due and owing for a portion of the work which has been completed.
10. The parties agree that this is the entire Agreement between the parties, and that
neither the Drainage Board nor the City, shall have any duties in respect of the Project other than
reimbursements to the Association as set out above.
11. Should the project be altered, amended, or terminated at any time during the course of
the Project, the Drainage Board and the City shall only be liable for their one-third (1/3) share of
the part of the Project which is completed, up to Twenty-three Thousand Five Hundred Dollars
($23,500). This pro rata share should be based on the proportion of the two thousand four
hundred two thousand four hundred (2,400) cubic yards of sediment to be removed under the
terms of the Project, compared to the volume of spoils removed by a partially completed project.
12. This Agreement shall represent the complete agreement of the parties and any
amendment or other change to the terms of this Agreement shall not be enforceable unless such
amendment is in writing and approved by all parties with the same formality as contained in this
Agreement.
ALL OF WHICH IS AGREED by and between the parties on the dates set out herein.
APPROVED by the Saddle Creek Homeowners Association this 133 day of
December , 2015.
SADDLE CREEK HOMEOWNERS
ASSOCIATION
Printed: Brian Kavicky
Title: President, Saddle Creek Homeowners Association
ATTEST:
By: �. (7 TWS
Printed: Chris Potts
Title: Saddle Creek HOA Board Member
a
APPROVED by the Hamilton County Drainage Board thisty �ay of December, 2015.
ATTEST:
(:;yn tte Mosba gh, Secretary
HAMILTON COUNTY DRAINAGE
BOARD
WU--4'kvtC't-
MA
E. Heir andt
Approved and Adopted this day of
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
41A,
JarnA6s Brainard, Presid}'
Date: '-7 /
Mary Annyurke,
Date:.
Lori S. Wa�tsonemper
Date: 3 I
A7riJ�� CY�GI�E
Christine S. Paule e . -Trea,
Date: ��%%