Reserve at Spring Mill – Section II/Eng/32,708/Agreement for Payment of Project CostAN AGREEMENT FOR PAYMENT OF PROJECT COST stiff
This Agreement entered into by and among the Reserve at Spring Mill — Section II
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 responsible for maintaining the masonry privacy wall
located on its border with Illinois Street (the "Wall"); and,
WHEREAS, the Wall needs to be repaired and recapped; and,
WHEREAS, the Association estimates the cost of designing, repairing, managing and
recapping the Wall (the "Project") to be Sixty Five Thousand Four Hundred Sixteen Dollars
($65,416.00); and,
WHEREAS, the City is willing to pay one-half (1/2) of the cost of the Project, not to
exceed Thirty Two Thousand Seven Hundred Eight Dollars ($32,708.00).
IT IS THEREBY AGREED by and between the parties as follows:
1. The Association agrees to enter into a contract with a reputable contractor to
complete the Project.
2. The Association agrees to execute a Consent to Encroach Agreement with the
City for Project improvements that are 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.
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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 $32,708.00.
5. The Association, acknowledges and represent as follows:
a. The Association, and/or its representatives will be solely responsible for the
design and implementation of the Project.
b. 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.
c. 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 Wall, nor shall the City's participation in the
funding of this Project be deemed as an admission or assumption of liability
for any future Wall -related maintenance within the Subdivision unless the
City has any such duties prior to the date of execution of this Agreement.
d. 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, and the use of land that is necessary to complete
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
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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 Project, excluding liability for claims due to acts or omissions of the City.
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 the right to access the site of the Project, and shall be
informed of the progress of the Project. 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.
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 Thirty Two Thousand Seven Hundred Eight Dollars
($32,708.00).
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.
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ALL OF WHICH IS AGREED by and between the parties on the dates set out herein.
- APPRO ED b the Reserve at Spring Mill – Section II Homeowners Association this
2 day of o%U , 2018.
RESERVE AT SPRING MILL – SECTION II
HOMEOWNERS ASSOCIATION, INC.
By
Printed: 6q"L- U/0-55
Title: President, Reserve at Spring Mill – Section II
Homeowners Association
ATTBST:
By: V V1
Printed: Foo<OQ T- $• 4Qace<
Title: Reserve at Spring Mill - Section II HOA Board Member
4-1
Approved and Adopted this day of Q C �� V"' , 201
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
ED- rN
James Brainard, Presiding Officer
Date:
MdryBurke, Mqmber /
Date:7'
'" S-!
Lori S. W n, mber/
Date: ( Ez-T 5-
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Christine S. Pauley,
Date:
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