Cost Sharing Agreement/Gregory and Christine Hendricks/5970 Heaton PassCOST SHARING AND MUTUAL RELEASE AGREEMENT JAS
This Agreement entered into by Gregory and Christine Hendricks, (the "Homeowners")
and the City of Carmel, Indiana (the "City"), by and through its Board of Public Works and
Safety.
RECITALS
WHEREAS, the Homeowners own property located at 5970 Heaton Pass, Carmel,
Indiana 46033 (the "Property");
WHEREAS, seven trees located within the adjoining right of way of the Property must be
removed and replaced (the "Trees");
WHEREAS, the City has entered into a Contract with Angel Oak Tree, ("the
Contractor") for the Contractor to remove the Trees and their stumps at a total cost of Two
Thousand Two Hundred Forty Five Dollars ($2,245.00);
WHEREAS, the City estimates that it will cost approximately One Thousand Nine
Hundred Eighty Eight Dollars ($1,988.00) to replace the Trees with new trees (the "Replacement
Trees");
WHEREAS, there is substantial damage to the sidewalks adjacent to the Property due to
the Tree roots which will also require repair and reconstruction (the "Sidewalk Reconstruction")
WHEREAS, to settle all disputes and claims associated with the Trees, the Homeowners
and the City have agreed to enter into this Agreement;
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS AND OBLIGATIONS CONTAINED HEREIN, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
XAjoherlander\Contract0970 Heaton Pass Tree Removal Cost Sharing Agreement Revised City Final.docx
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I . The City agrees to enter into a contract with the Contractor to remove the Trees
and stumps consistent with reasonable arborist and landscaping practices.
2. The City agrees to enter into a contract with a reputable landscape company for
the purchase and planting of the seven (7) Replacement Trees, which is to include an acceptable
warranty. The City agrees to allow the Iomeowners to work with the Urban Forester in the
selection of the species of the Replacement Trees.
3. The parties agree that the design, scope, implementation, and contract
administration of the removal of the Trees and the planting of the Replacement Trees is the sole
responsibility of the City. It is further agreed that the City will exclusively own the Replacement
Trees.
4. The Homeowners agree to pay one-half of cost for the removal of the Trees and
stumps, and for the planting of the Replacement Trees, but not to exceed $2,116.50 (the
"Homeowners Reimbursement").
5. The Homeowners will pay the Homeowners Reimbursement to the City within 30
days of receiving a detailed invoice from the City for the removal of the Trees and stumps, and
the planting of the Replacement Trees.
6. The City further agrees to retain Featherston Concrete (who has done extensive
repair work in the neighborhood) or a reputable contractor agreed upon by the City and the
Homeowners to complete the Sidewalk Reconstruction and pay all costs associated with the
Sidewalk Reconstruction.
7. The Homeowners agree to indemnify and hold harmless the City for any and all
liability which might result from the replacement and removal of the Trees and stumps, the
planting of the Replacement Trees, and from any and all claims that may be brought against the
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Homeowners or the City arising out of the design, implementation and conclusion of the Tree
and stump removal and planting of the Replacement Trees, excepting for the negligence of the
City, the Contractor and/or the contractor making the concrete repairs.
8. This Agreement is being entered into to settle and resolve any and all claims that
the parties may have against each other with respect to the Trees and/or the disputes between
the parties related thereto. All parties hereto release the other parties to the Agreement from any
and all from any and all past, present or future claims, causes of action, suits, debts, accounts,
contracts, demands, agreements, controversies, judgments, obligations, damages and liabilities
of any nature whatsoever, whether or not now known, suspected, or claimed, based upon,
arising out of, or relating to the planting, pruning, removal or replacement of the Trees and
further agree that they will not institute or prosecute any action, proceeding, lien or claim
arising out of the pruning, removal or replacement of the Trees.
9. This Agreement shall represent the complete agreement of the parties, and any
amendment or other modification to the terms of this Agreement shall not be enforceable unless
such amendment is in writing and approved in writing by all parties.
ALL OF WHICH IS AGREED by and between the parties on the dates set out herein.
APPROVED by Gregory and Christine Hendricks, this �g ^day of P a ► l* ,
2017.
HO RS
By:
Gregory He cks
Christine Hendricks
ATTEST:
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C2.DOCX
Approved and Adopted this da of
PP P � Y , 204.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY: ^
JameBrainard, Pr idii Officer
Date: JP
Mary An,/,,Aurke, Member
Date: —J %
Lori S. at n, Mem
b r
Date: I
0
hrist' S. Pauley, rk-Trea rer V
Date:
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