Old Town Development/Util/54,449.47/Water Reimbursement Agreement for Sunrise on the Monon Water Main UpsizeWATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL, Saoo
INDIANA AND OLD TOWN DEVELOPMENT L.L.C.
This Agreement is entered into by and between the City of Carmel, Indiana by and
through its Board of Public Works and Safe (hereinafter " 't ") �n Old Town Development
L.L.C., (hereinafter "Old Town") on this 1� day of , 2016.
WITNESSETH:
WHEREAS, the city has duly adopted and enacted City Code Chapter 9, Division H,
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, Old Town desires to extend the off-site water distribution system for
Sunrise on the Morton (the "Development") as follows:
A. Construction Materials — SEE ATTACHED EXHIBIT "A"
As per certified Construction Drawings from CrossRoad Engineers, PC entitled
"Sunrise on the Motion" on file at the Carmel Water Distribution Office
WHEREAS, Old Town desires to receive refunding of reimbursable monies expended on
the Water Extension, 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 Water Extension.
C. Old Town shall advance the sum of $54,449.47 to or on behalf of the City to pay
for the offsite water main extension (the "Water Extension"), the description of
which is as follows: "Sunrise On the Monon Water Main Extentsion".
D. The City has determined that the above expenditure is necessary to provide water
to current and future developments and to meet the requirements of the City.
E. The City and Old Town agree that Old Town shall be entitled to reimbursement of
the sum of $54,449.47 pursuant to and in accordance with the terms of the
Ordinance, such monies to be paid solely from the "Water Availability — Mains
Fund" established by acreage availability charges assessed by the Ordinance.
F. 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".
properly available under the Ordinance from monies deposited in the "Water
Availability — Main Fund".
G. Subject to the terms of the Ordinance and this Agreement, payments from the
"Water Availability — Mains Fund" to Old Town towards the satisfaction of the
sum set forth above shall be made on a quarterly basis. Such payments to Old
Town 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.
H. The City does not guarantee Old Town the advanced funds referenced herein will
be fully reimbursed.
I. Old Town agrees to comply with all present and future federal, state and local
laws, executive orders, rules, regulations, codes and ordinances which are
applicable to Old Town's performance of its obligations under this Agreement,
and all relevant provisions thereof are incorporated herein by this reference. Old
Town agrees to indemnify and hold harmless City from any all losses, damages
costs, attorney fees and/or liabilities resulting from any violation by Old Town
and/or its employees of such law, order, rule, regulation, code or ordinance. This
indemnification obligation shall survive the termination of this Agreement.
J. This Agreement shall be governed by and construed in accordance with the laws
of the State of Indiana, except for its conflict of laws provision, 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 file 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 same.
K. Old Town 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 Old
Town and/or any of its employees and, except for intentional misconduct of its
agents, outside sources, contractors or subcontractors, in the performance of the
Water Extension and/or this Agreement. This indemnification obligation shall
survive the termination of the Agreement.
L. Old Town 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 for work and/or in the performance of any work on
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, handicap, national origin, ancestry, age
disabled veteran status or Vietnam era veteran status. The City reserves the right
to collect a penalty as provided in IC 5-16-16-1 for any person so discriminated
against. This indemnification obligation shall survive the termination of the
Agreement.
M. Old Town 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 Old Town 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 Old
Town's sole cost and expense. Old Town shall indemnify and hold harmless the
City from any 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.
N. 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.
O. The terms, conditions and obligations of this Agreement shall be binding on the
City and Old Town, and their respective officers, officials, agents, partners,
successors and assigns.
P. 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.
Q. 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.
J
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
Old Town Development L.L.C.
By: Andrew S. Greenwood, Member
BY:
thorized Signature
Printed Name
mevKg L
Title
Date::92uc9n f �8, Zo.l 6
CITY OF CARMEL, INDIANA
By and through its Board of Public Works
And Safety
BY:
Ma or James Brainard
Date:
Lori Watson ember
Date: G*
A
Clerk Treasurer
Date: � (/t Vx
txfi N'T A "
SUNRISE ON THE MONON WATER MAIN UPSIZE PRICING & BONDING COSTS
Updated as of 8/25/2015
Upsize Main from 8" to 16"
QTY
1260
LF
8" Main
$29.67
/LF
16" Main
$77.23
/LF
Difference
$47.56
Total
$59,925.60
Upsize to 16" Main (to North)
182
LF
$29.67
/LF
$77.23
/LF
$47.56
$8,655.92
Upsize to 16" Main (to South)
352
LF
$29.67
/LF
$77.23
/LF
$47.56
$16,741.12
Upsize to 16" Main (South 31' to Retreat)
31
LF
$29.67
/LF
$77.23
/LF
$47.56
_
$1,474.36
Deletion of 8" Main
-450
LF
$29.67
/LF
-$13,351.50
8" Bends
-6
EA
$456.26
/EA
-$2,737.56
8" Tee & Valve
-3
EA
$999.93
/EA
-$2,999.79
16" Bends
2
EA
_
$1,642.67
/EA
$3,285.34
16" Tee & Valve
3
EA
$2,785.55
/EA
$8,356.65
16"x8" Reducers
3
EA
$1,287.05
/EA
$3,861.15
8" Main Gate Valve & Box
-2
EA
$1,710.58
/EA
-$3,421.16
16" Main Gate Valve & Box
2
EA
$4,298.54
/EA
$8,597.08
8" Fire Hydrant assemblies
-5
EA
$5,179.08
/EA
-$25,895.40
16" Fire Hydrant assemblies
3
EA
$7,121.61
/EA
_
$21,364.83
8" Road Bore across Westfield Blvd.
-2
EA
$8,500.00
/EA
-$17,000.00
8" Tap, 16"x8" Tapping Sleeves & Valves
-2
EA
$7,500.00
/EA
-$15,000.00
Estimated Performance Bonding Costs
Cost
$2,074.27
+ % of SOM Flat Bonding
$518.57
TOTAL
Fee =
TOTAL TO BE REIMBURSED
$51,856.64
Total Bonding Costs
$2,592.83
$54,449.47
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
aures Brainard, Presiding Officer
Date: v/x ///
ml� / l
iyj'L�"tw --1
Mary ATturke, PemPer
Date:
Lori Watson, Member
Date: / !a / / , -'
STATE OF INDIANA )
ll ) SS:
COUNTY OF L )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Christine Pauley, Clerk -Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of kp' t ` , 2016.
NOTARY PUBLIC
My Commission Expires:
DIANNE WALTHALL
Seal
Notary Public - State of Indiana
Hamilton County
My Commission Expires Mar 16, 2024
Di'a-vine- Wa- (44-),c ((
Printed Name I
My County of Residence: 440,m,l Ivl
Date: H I �5 1 N,