AZR Haver LLC/Alliance 9444 Harver Way LLC/D.J. Reinbold Realty LLC/Eng/Utility Reimbursement Agreement; Forcemain Relocation Along 96th Street UTILITY REIMBURSEMENT AGREEMENT '-A�y
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FORCEMAIN RELOCATION ALONG 96TH STREET JAB
This Agreement is effective July 11, 2018, by and between the City of Carmel, a
municipal corporation organized under the laws of the State of Indiana, by and through its Board
of Public Works and Safety (the "City") and AZR Haver LLC ("AZR Haver"), Alliance 9444
Haver Way LLC ("Alliance"), and D.J. Reinbold Realty, LLC ("D.J. Reinbold").
WHEREAS, the City desires to improve the intersection of 96th Street and Keystone
Avenue and has determined that construction is necessary for the improvement of the
intersection(the"Project").
WHEREAS, AZR, Alliance and D.J. Reinbold (collectively the "Owners") previously
owned a lift station and private sewer line that served their respective properties (the"Utility").
WHEREAS,the Utility was located in the public right-of-way in 96th Street, and the City
required the Owners to relocate the Utility to an area acceptable to the City.
WHEREAS, the Owners requested that the City relocate the Utility as part of its Project
in exchange for the Owners paying all costs and expenses incurred by the City in connection
with relocating the Utility.
WHEREAS, the City incurred $8,331.67 to relocate the Utility along 96th Street at
Priority Way.
WHEREAS, the City incurred an additional $46,996.32 to relocate the Utility in the
public right-of-way in 96th Street from Enterprise Drive to Keystone Avenue.
WHEREAS, the Owners transferred ownership of the Utility to TriCo Regional Sewer
Utility.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
foregoing Recitals, all of which are incorporated herein and the following mutual covenants and
other good and valuable consideration, the receipt and sufficiency of which the parties hereby
acknowledge, the parties agree as follows:
1. Pa_yment/Reimbursement. The City has invoiced the Owners $18,442.66 each
for their pro rata share of the cost to relocate the Utility. True and accurate copies of the invoices
(the "Invoices") to the Owners are attached hereto as Exhibit A. Within thirty (30) days after
the City's execution of this Agreement, the Owners shall pay the full amount of their respective
Invoices to the City.
2. Maintenance of Utility. Neither the City nor its contractor nor the Owners have
any obligation to maintain, repair, or reconstruct the Utility.
3. Release. Upon payment by the Owners of the Invoices attached hereto as Exhibit
A, the City releases the Owners from any and all obligations or demands related to or arising
from the Utility or the Invoices.
4. Warranty and Authority. The undersigned person executing this Agreement on
behalf of each Owner represents and certifies that he is a duly elected officer, member, manager,
partner or representative of the Owner and has been fully empowered, by proper resolution,
consent or other action of the Owner, to execute and deliver this Agreement; that Owner has full
capacity to enter into this Agreement; and that all necessary action for entering into this
Agreement has been taken and done.
City, by executing below, hereby warrants that all actions required of City have been
taken so that City can perform it obligations hereunder and that there is no encumbrance,
restriction, agreement or other circumstance which would prohibit City from performing its
obligations hereunder. The undersigned person executing this Agreement on behalf of City
represents and certifies that he or she has been fully empowered, by proper resolution, consent or
other action of City, to execute and deliver this Agreement; that City has full capacity to enter
into this Agreement; and that all necessary action for entering into this has been taken.
5. Notices. All notices to be given hereunder by either party shall be in writing and
for purposes of this Agreement shall be either personally delivered or sent by certified or
registered mail or by a national package express service promising overnight delivery addressed
to each Owner at the address following each Owner's signature and to City at One Civic Square,
Cannel, Indiana, 46032, Attention: City Engineer (with a copy of any notice to City also being
provided to Corporation Counsel, One Civic Square, Cannel, Indiana, 46032) or to such other
person or address as may be designated by either the respective Owners or City by notice in
writing. Notice shall be deemed given and received when personally delivered or on the third
(3rd) business day after deposited in the U.S. mail or on the business day after deposited with an
overnight package delivery company.
6. Severability. If any one or more of the provisions contained in this Agreement
shall be held invalid, illegal, or unenforceable, this Agreement shall be construed to give effect to
the balance of its terms.
7. Binding Effect; Applicable Law/Venue. All rights and obligations hereunder
shall be binding upon and inure to the benefit of the Owners and City, their respective permitted
successors, assigns and legal representatives. This Agreement is executed under and shall be
construed in accordance with the laws of the State of Indiana and there are no promises or
agreements between the parties hereto other than those contained or referred to herein. The
Parties irrevocably consent to the exclusive jurisdiction and venue in the courts of the State of
Indiana, Hamilton County, and irrevocably waive any and all objections to such consents. The
Parties also waive any right to trial by jury.
8. Waiver. The waiver by any party of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition herein contained. No covenant, term or condition of this
Agreement shall be deemed to have been waived by either party unless such waiver shall be in
writing.
9. Construction. This Agreement shall not be strictly construed against any party.
IN WITNESS HEREOF the parties hereto separately and severally have caused this
instrument to be executed in their respective names by and through their duly authorized officers.
Approved and Adopted this day of lOtS I , 201
CITY OF CARMEL,INDIANA
By and through its Board of Public Works and Safety
B Y: 4 3 eg
ames Brainard, Presiding Officer
Date: // 2t —'/
zo&-
Mary Burke, Member
Date: / " 02 /CS'
Lori S. a n, Member
Date: t b ) rao I l$
ATTES .
tine S. Paul rk-Treasurer
Date:
��7 //
AZR HAVER IA.
By: ' SUBSCRIBED and SWORN to
- Before me this lGI day of O , 2018.
Printed: 212 PIA 1 C✓
Title: iZ-4X7rrid Wed4- No b is
Address: 9 A U R �j
l N D IA AJA 1po t�S (A) NOTARY PUJENNIFB C OF►NEWOES JERSEY
• Ir1r Commission Expires 4/1912023
ALLIANCE 9444 HAVER WAY LLC
By: SUBSCRIBED and SWORN to
Before me this day of , 2018.
Printed:
Title: Notary Public
Address:
D.J.REINBOLD REALTY,LLC
By: SUBSCRIBED and SWORN to
Before me this day of , 2018.
Printed:
Title: Notary Public
Address:
3518652
AZR HAVER LLC
By: SUBSCRIBED and SWORN to
Before me this day of ,2018.
Printed:
Title: Notary Public
Address:
ALL CE 9 4 R Y LLC
By: SUBSCRIBED aNd SWORN to
�! C Befor a this4Jay of -Obeli, 2018.
Printed.
/ale
Title: No Public
Address: 2 yo
(/j,rJG��tJir�JEz S , ,T J �'!5 9' latY PIiB;.,i JENrNIFER Jo WALLA DER 4' d Carmrrrssion EXpies
•:SEAL *:= My May 13,2021
Commission Number 644379
D.J. REINBOLD REALTY, LLC ..... Marion County
By: SUBSCRIBED and SWORN to
Before me this day of , 2018.
Printed:
Title: Notary Public
Address:
3518652
AZR HAVER LLC
By: SUBSCRIBED and SWORN to
Before me this day of , 2018.
Printed:
Title: Notary Public
Address:
ALLIANCE 9444 HAVER WAY LLC
By: SUBSCRIBED and SWORN to
Before me this day of , 2018.
Printed:
Title: Notary Public
Address:
D.J. REINBOLD REALTY,LLC
By: SUBSCRIBED and SWORN to
' /a.,N)1 1( (°� Before me this 3 I day of Oct , 2018.
Printed: J��'
Title: fikeok,Digc No r • WHNDA N
,,,�1 �,� Commission Number p682459
Address: �3 1 y"D� 1'N``' �SF� My Commissio2n�E�pites
�o May 18,
3518652
EXHIBIT A
CitV �� �����| UN�����U����
~ UU`� 1� ��K�*�_
Department of Engineering
INVOICE
1 Civic Square DATE AUGUST 18, 2018
Carmel, |N4DO32
Phono31r.5n.a441 pax317.5r1.243n
TO:
AZR Haver LLC
c/o EvgonyGngohMogi|ovoxy
1512N Delaware Street
Indianapolis, |N4OzO2
PROJECT NUMBER
GRmmTNWMBER ENTITY DUE DATE
Due mnreceipt
DATE DESCRIPTION INVOICE 0 LINE TOTAL |
-----�----'--------- -' -- --�----------- -----'--- ---- -- l
| �y�V/1u Re|«caUon»»'P�»am sanitary h`«mmain within the C}t�o �Qh�»� 1 $18.442.66 |
way
| --- --- ---��---'--'-------------- -- ------- ' --�-----�
rtSS On 10 /|2- /1
t- _
GuBT0TAL
$18.442.80 �
SALES TAX $0.00 '
TOTAL ous $1u�4u.O0
'-' - -'
Make all checks payable m'City of Carmel'.
|f you have any questions concerning this invoice, contact Kate Lustig otk|u»Uv(cDcannejn.nnvor317.571.2441
, ^+`'
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AZR HAVER LLC Honddcka County Bank&Trust Company 1047
9445 HAVER WAY 1649 E.Main St. P.O. Box 316
INDIANAPOLIS, IN 46240-1314 Plainfield,IN 46788
317,639.2336
71.808l749 /01.1
PAY TO R OF c- ey ,2t .(Pal-rr Ce/ $ /Q.:...!_./G :: .; '6
_ . ��//7 f' �D��.Y , f7 66 I DOLLARS
Gam'/�- A. o.�' e.N�, an
MEMO —.
aQn.,:e›
i'OQ 104706 t:0 ?490609 1t: 20e., 5460 I, •
ZR HAVER LLC 10.
t HAVER LLC
City of Carmel INVOICE
Department of Engineering
INVOICE
1 Civic Square DATE AUGUST 19, 2018
Carmel, IN 46032
Phone 317.571.2441 Fax 317.571.2439
TO:
AZR Haver LLC
c/o Evgeny Grigori Mogilevsky
1512 N. Delaware Street
Indianapolis, IN 46202
PROJECT NUMBER GRANT NUMBER ENTITY DUE DATE
16-ENG-05
i Due on receipt
DATE DESCRIPTION INVOICE 0 LINE TOTAL
Relocations of private sanitary force main within the City's right-of-
09/19/18 1 $18,442.66
way
- -- -- -------- --
---1
- !
SUBTOTAL $15,442.66
SALES TAX $0.00 '
TOTAL DUE $18,442.66
,.... .
Make all checks payable to'City of Carmel'.
If you have any questions concerning this invoice, contact Kate Lustig at klustiqcarmel.in.clov or 317.571.2441
...-- ,.
00%
.:......:1;,....!...1.
,Ali
/ . I.
Jordan KS, LLC Hendricks County Bank
C/O Corrie Case Avon,IN 46123 138
11807 Allisonville Road#214
Fishers, IN 46038
10/23/18 $18,442.66
EIGHTEEN THOUSAND FOUR HUNDRED FORTY TWO DOLLARS AND 66/100
City of Carmel
One Civic Square
Carmel, IN 46032
MEMO: Payback to City for Moving Sewer Main
.r- :a�:�w�- • ..,^;:'^• ..ri. ......+-Wri2iLfPiZME =L4.:L1.73IMP.A;ALwZL2-'- Yi
LAMMONMEMINEW
II' L 3130 1:0 7490609 it: 20 5 7 7 5 Li'
Jordan KS, LLC Bill Reference: Aug192018 1 38
10/23/18 City of Carmel Payback to City for Moving Sewer Main
$18,442.66
Prop Account Comment
Jordan KS 5025 Construction Amount
Payment to City of Carmel for moving Sewer Main with-in Roundabc 18,442.66
City of Carmel INVOICE
Department of Engineering
INVOICE
1 Civic Square DATE AUGUST 19, 2018
Carmel, IN 46032
Phone 317.571.2441 Fax 317.571.2439
TO:
D.J. Reinbold Realty, LLC
c/o Alan Stewart Townsend
Bose McKinney& Evans,LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
PROJECT NUMBER T GRANT NUMBER ENTITY DUE DATE
16-ENG-05 Due on receipt
P
DATE DESCRIPTION INVOICE# LINE TOTAL
Relocations of private sanitary force main within the City's right-of-
09/19/18 1 $18,442.66
way
I I
SUBTOTAL $18,442.66
SALES TAX $0.00
TOTAL DUE $18,442.66
Make all checks payable to'City of Carmel'.
If you have any questions concerning this invoice, contact Kate Lustig at klustia(a carmel.in.gov or 317.571.2441
r 1 4 1 n 6 0
M �y� DREYER &REINBOLD, INC. \ CHECK# 141060
9375 WHITLEY DRIVE MINI? 074-aaame
INDIANAPOLIS, INDIANA 46240 s
Huntington
The Huntington National Bank o
PAY **EIGHTEEN THOUSAND FOUR HUNDRED FORTY TWO DOLLARS AND 66/100** Indianapolis,IN 46204PI
°
DATE AMOUNT
10/31/18 $18,442.66
TO THE _
ORDER CITY OF CARMEL VOID AFTER 90 DAYS
OF ONE CIVIC SQUARE
1 CARMEL IN 46032 ��_________ ___9------- ,,,1
7
id
no l4 LO6OII' I:0 740000 7E O: 0 01006969030
NAME NUMBER DATE
CITY OF CARMEL 10/31/18
96TH ST RELCATION UTILITY
CTRL# DATE DESC AMOUNT ACCT#
10/31/18 UTILITY REIMBURSEMENT 18442.66 8375
8
This account is protected by a fraud prevention service known as Positive Pay. As a result, this check
M
may not be cashed at any Huntington Bank branch until the day after it is written. However,
you can deposit this check at your financial institution without any delay.
REMITTANCE ADVICE DREYER& REINBOLD, INC. NET
DETACH AND RETAIN INDIANAPOLIS,IN 46240 CHEqIIntRIIBER APAOUNT $18,442.66 =
(I