Prairie View Homeowners Association/Agreement for Payment of Porject Cost/20,000Okot;;
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AGREEMENT FOR PAYMENT OF PROJECT COST
This Agreement entered into by and among the Prairie View Homeowners Association,
(the "Association"); and the City of Carmel, Indiana, by and through its Board of Public Works
and Safety, (the "City").
WITNESS THAT:
WHEREAS, the Association is the owner of, and has maintenance responsibility for, the
large pond (the "Pond") located in Section 1 of Moffitt Farm at Prairie View Subdivision (the
"Subdivision") located in Carmel, Hamilton County, Indiana;
WHEREAS, the Pond does not maintain a consistent water level;
WHEREAS, the Association believes the most expeditious and effective way to maintain
a consistent water level within the Pond is to install a pump in a vestal ditch located within the
adjacent Main Street Right of Way. The pump will connect to the City storm water system,
which will allow the water to flow into the Pond (the "Project");
WHEREAS, the Association has entered into a contract with Maddox Industrial Group,
(the "Contractor") to design and construct the Project at an estimated cost of Thirty Eight
Thousand Three Hundred Fifty Dollars ($38,350);
WHEREAS the Association has entered into a contract with Duke Energy to provide
electricity to the pump for Five Thousand Dollars ($5,000) and,
WHEREAS, the City is willing to pay up to one-half (1/2) of the cost of the Project, not
to exceed Twenty Thousand Dollars ($20,000).
IT IS THEREBY AGREED by and between the parties as follows:
The Association agrees to enter into a contract with the Contractor to complete
the Project.
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2. The Association agrees to execute a Consent to Encroach Agreement with the
City for Project improvements that will be located within the City's right of way.
3. The City and the Association agree that the design, scope, implementation,
construction, and contract administration of the Project is the sole responsibility of the
Association, and that the City bears no responsibility as to the design, construction, or
completion of the Project.
4. 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 City for
reimbursement up to $20,000.
5. 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. The City does not make any representation or warranty that the Project, as
designed, will provide substantial positive benefits to the Pond or land within
the Subdivision.
c. The sole purpose of this Agreement is for 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, the City shall not be deemed to have accepted any future jurisdiction
or maintenance duties for the Pond, nor shall the City's participation in the
funding of this Project be deemed as an admission or assumption of liability
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for any future Pond -related projects within the Subdivision unless the City has
any such duties prior to the date of execution of this Agreement.
e. The Association represents and warrants that it has the authority to contract
with the Contractor to perform the work for the Project, including lawful
means for ingress and egress to the Project; the authority to place and operate
the equipment for the Project; the use of land that is necessary to complete the
Project; and to dispose of the spoils from the Project.
6. The Association agrees to indemnify and hold harmless 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 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.
7. The Contractor for the Association shall maintain in full force and effect, during
the term of the Project, general insurance insuring the Contractor, the Association and the City
for liability and claims from third parties up to One Million Dollars ($1,000,000) per person and
Three Million Dollars ($3,000,000) per occurrence. The City shall be provided a Certificate of
Insurance showing such coverage prior to the Project.
8. The City shall have a reasonable right of access to the Project site, and shall be
informed of the progress of the Project on a regular basis. Representatives of 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.
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9. Should the project be altered, amended, or terminated at any time during the
course of the Project, the City shall only be liable for its one half (1/2) share of the part of the
Project that is completed, up to Twenty Thousand Dollars ($20,000).
10. The City shall not have any duty with respect to the Project other than issuing
reimbursements to the Association as set out above.
11. This Agreement constitutes the entire agreement between the Association and the
City with respect to the subject matter hereof, and supersedes all prior oral or written
representations and agreements regarding same. This Agreement may only be modified by
written amendment executed by both parties hereto, or their successors in interest.
ALL OF WHICH IS AGREED by and between the parties on the dates set out herein.
APPROVED by the Prairie View Homeowners Association this k0day of
2016.
PRAIRIE VIEW HOMEOWNERS
ASSOCIATION, INC.
By _ �k ;�Z�
Printed: 67 /A/$ 114. 2)A1V K £ 9T—
Title: President, Prairie View Homeowners
Association
ATTEST:
By: t�
Printed: i 0S C7
Title: Prairie ViewOA Board Member
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Approved and Adopted this 2 day of if A (- , 20-Ua.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
ROM
James Ifrainard, Presiding Officer
Date:
Maryurke41-
ember /el
Date:
X) joberlenderTontractsWoffitt Farm Prairie View HOA Project Cost Agreement revised final.docx