Water Reimbursement Agreement between City and Tallyn’s Ridge Developerit 14cprovoc8 6y
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WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL,
INDIANA AND TALLYN'S RIDGE DEVELOPER, LLC.
This Agreement is entered into by and between the City of Carmel, Indiana by and
through its Board of Public Works and Safety (hereinafter "City") and Tallyn's Ridge
Developer, LLC on this 'r% , 9i day of �J�,� 1�.w� �� , 20±(�o
WITNESSETH:
WHEREAS, the city has duly adopted and enacted City Code Chapter 9, Division II,
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, Tallyn's Ridge Developer, LLC desires to extend a portion of the water
distribution system for, Tallyn's Ridge (the "Development") as follows:
A. Construction Materials — SEE ATTACHED EXHIBIT "A"
As per certified Construction Drawings from Stoeppelwerth & Associates,
Inc entitled "Tallyn's Ridge" on file at the Carmel Water Distribution Office
(the "Water Extension")
WHEREAS, Tallyn's Ridge Developer, LLC 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. Tallyn's Ridge Developer, LLC shall advance the sum of $ 40,987.50 to or
on behalf of the City to pay for the Water Extension, the description of which
is as follows: Water Main Extension along 146`h Street from station 0+00 to
station 5+90 as described on the plans listed above.
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 Tallyn's Ridge Developer, LLC agree that Tallyn's Ridge
Developer, LLC shall be entitled to reimbursement of the sum of
$ 40,987.50 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".
G. Subject to the terms of the Ordinance and this Agreement, payments from the
"Water Availability — Mains Fund" to Tallyn's Ridge Developer, LLC
towards the satisfaction of the sum set forth above shall be made on a
quarterly basis. Such payments to Tallyn's Ridge Developer, LLC 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 Tallyn's Ridge Developer, LLC the advanced
funds referenced herein will be fully reimbursed.
I. Tallyn's Ridge Developer, LLC agrees to comply with all present and future
federal, state and local laws, executive orders, rules, regulations, codes and
ordinances which are applicable to Tallyn's Ridge Developer, LLC's
performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Tallyn's Ridge
Developer, LLC agrees to indemnify and hold harmless City from any all
losses, damages costs, attorney fees and/or liabilities resulting from any
violation by Tallyn's Ridge Developer, LLC 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. Tallyn's Ridge Developer, LLC 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 Tallyn's Ridge Developer, LLC 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. Tallyn's Ridge Developer, LLC 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. Tallyn's Ridge Developer, LLC 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
Tallyn's Ridge Developer, LLC 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 Tallyn's Ridge Developer,
LLC sole cost and expense. Tallyn's Ridge Developer, LLC 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 Tallyn's Ridge Developer, LLC, 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
TALLYN'S RIDGE DEVELOPER, LLC
By its manager, Platinum Properties
Management Company, LLC
Authorized Signature
Timothy J. Walter
Printed Name
Vice President - Development
Date: June 17. 2016
CITY OF CARMEL, INDIANA
By and through its Board of Public Works
And Safety
mm
ayor James Brainard
Date:
Date: Y —C2- /
L -w<< S " J tA)a s,cnQ , Member
Date: / 1'
ATTE
Chr' ine S. Pauley,
Clerk Treasurer
Date:
EXHIBIT "A"
TALLYN'S RIDGE
WATER MAIN EXTENSION ALONG 146TH STREET FROM STATION 0+00 TO STATION 5+90
WATER MAINS (PER PLAN)
Depth
Quantity
Unit Cost
Total Cost
12" Main
LF
590
$48.50
$28,615.00
12" Gate Valve
EA
2
$2,020.00
$4,040.00
Fire Hydrants
EA
2
$3,695.00
$7,390.00
Granular Backfill
TON
65
"
$14.50
$942.50
TOTAL >>
$40,987.50
SUM OF REIMBURSEMENT $40,987.50