SixSpence LLC/Util/27,937/Indiana Montessori Academy Water Main Extension /pprorn4 Ely A
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WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL,
INDIANA AND SIXSPENCE, 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 SixSpence L.L.C.,
(hereinafter"SixSpence") on this z 5 day of 5 """-p Tt M b e,2 , 2019.
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, SixSpence desires to extend the off-site water distribution system for the
Montessori Academy (the"Development") as follows:
A. Construction Materials-SEE ATTACHED EXHIBIT"A"
As per certified Construction Drawings from Sullivan Corporation entitled
"Indiana Montessori Academy"on file at the Carmel Water Distribution Office
WHEREAS, SixSpence 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. SixSpence shall advance the sum of$27,937 to or on behalf of the City to pay for
the offsite water main extension(the"Water Extension"),the description of which
is as follows: "Indiana Montessori Academy Water Main Extension".
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 SixSpence agree that SixSpence shall be entitled to reimbursement
of the sum of$27,937 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 Six Spence towards the satisfaction of the
sum set forth above shall be made on a quarterly basis. Such payments to
SixSpence 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 SixSpence the advanced funds referenced herein will
be fully reimbursed.
SixSpence agrees to comply with all present and future federal, state and local
laws, executive orders, rules,regulations, codes and ordinances which are
applicable to SixSpence's performance of its obligations under this Agreement,
and all relevant provisions thereof are incorporated herein by this reference.
SixSpence agrees to indemnify and hold harmless City from any all losses,
damages costs, attorney fees and/or liabilities resulting from any violation by
SixSpence 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. 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 SixSpence 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. SixSpence 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. SixSpence 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 SixSpence 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 SixSpence
sole cost and expense. SixSpencc 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 SixSpence, 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.
SixSpence LLC. CITY OF CARMEL,INDIANA
By and through its Board of Public Works
And Safety
BY: BY:
- Alo+ en-0711--
Autho ID Signature Mayor James Brainard
te:
MoirrE .5rO EA)CE
Printed Name
Mary Burke, Member
Title Date: `0 /‘
Date: q/a.s/q
Lori Watson ember
Date: !0/1(0%g
A S
Christine Pauley Jerk Treasurer,
Jerk Treasurer
Date: l Oh(r,/
EXHIBIT A
Description Unit Price #units/ft Total
12"HDPE Pipe $55.00 ft. 400 ft. $ 20,000
1 Fire Hydrant $3,500 1 $ 3,500
2 12" Valves $2,218.50 2 $4,437
Total $27,937
....._________... ,22-/ //26v,
SAIA Document G7011t —
2001
Change Order
PROJECT (name and address): CHANGE ORDER NUMBER: 5
OWNER:X
Indiana Montessori Academy DATE: 4/9/19
2925 W.146th Street
ARCHITECT:
Carmel,IN 46074
CONTRACTOR:I
TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER: FIELD;
The Sullivan Corporation CONTRACT DATE:
15299 Stony Creek Way OTHER:
CONTRACT FOR:
Noblesville,IN 46060
•
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include,where applicable,any undisputed amount attributable to previously executed Construction Change Directives)
Extended Electrical Secondary Run from Meter to Building $ 1,310.00
Water Main Upsize per City of Carmel(to be reimbursed to Sixspence LLC by
City of Carmel) $ 26,627.00
$ 27,937.00
The original contract Sum was $ 1,319,815.00
The net change by previously authorized Change Orders $ 17,218.90
The Contract Sum prior to this Change Order was
The Contract Sum will be increased by this Change Order in the amount of $ 1,337,9 3.0
$ $27
The new Contract sum including this Change Order will be 00
$ 1,364,970.90
The Contract Time will be increased by days.
the date of Substantial Completion as of the date of this Change Order therefor is
NOTE:This Change Order does noa iaclud::changes in the Contract Sum.Contract Time or Gtaraniteed'«fazimuan Price which ha%c
been authn i,' d by Construction Change Directive uruii the utst and time have heels agreed upon by both the Osvn-and
Contra_tc r.in which cafe a Change Ordc is executed to supersede the Construction Change Dircoitie.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
The Sullivan Corporation
CONTRACTOR(Firm name) OWNER(Firm name)
15299 Stony Creek Way,
Noblesville,IN 46060 ; l.>f •v.t I)/c.l,.1Aj L. ti, ,-/L'G j.;/,_
ADDRES ADDRESS
//i7
BY c Iit1t `"' BY(Signature)
Terence S Sullivan,President ,,
(Typed n e) 1 c.r. 7-C 11,►•c,�c.-
(Typed name)
1tl`1 .. i
DATE � ' r
Document
DATE
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