DYC Realty, LLCSEWER INTERCEPTOR FUND REIMBURSEMENT AGREEMENT
THE CITY OF CARMEL, 1NDIANA AND
DYC REALTY, LLC
APPROVED, AS TO
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 DYC Realty, LLC (hereinafter "DYC") on this [/?%day
of L)c 3~:~/~;~72000.
WITNESSETH:
WHEREAS, the City had duly adopted and enacted City Code Sections 9-196 through 9-210
(collectively the "Ordinance") that provides in part fbr the reimbursement from an "Interceptor Fund" of
private lhnds expended to extend the trunk sewerage system, as well as the method or' reimbursement; and
WHEREAS, DYC desires to extend a portion of the trunk sewerage system fbr the 96t~' Street Auto
Park located at 461 O, 4620 and 4630 East 96* Street, Carmel, Indiana (the "Development") as follows:
Install 1,208 I.f. 8-inch main
Easement Cost
Legal Fees
Engineering Fees
$ 21,492.80
25,626.81
4,000.00
4,200.00
TOTAL $ 55,31961
(As per Certified Construction Drawings from Paul 1. Cripe, Inc. in the Department of Engineering
entitled 96'" Street Auto Park, Project Number 0970495-20100, certified and approved as of the last
revision date of November 6, 2000.
WHEREAS, DYC desires to receive refunding of reimbursable monies expended on the
Development, pursuant to the Ordinance.
NOW THEREFORE, the parties agree as follows:
I. The tbregoing recitals are hereby incorporated herein and made a part hereot~
2. This written agreement, entered into prior to the commencement of construction on the
Development, is entered into by the parties pursuant to the Ordinance.
3. DYC shall advance the sum of Fifty Five Thousand Three Hundred Nineteen and 61/100
Dollars ($55,319.61 ) to or on behalf of the City to pay for the construction of the extension
of the trunk sewer (the "Sewer Extension"), the description of which is as follows:
Installation of 1,208 linear feet of 8 inch pipe, (9) manholes, core, boot and connect
to an existing manhole located on the East side of Randall Drive and air and mandrel
testing.
The City has determined that the above expenditure is necessary to provide sewerage to
adjacent real estate and to meet the requirements of the City.
The City and DYC agree that Providence shall be entitled to reimbursement of the sum oF
Fiery Five Thousand Three Hundred Nineteen and 61/100 Dollars ($55,319.61) pursuant to
and in accordance with the terms of the Ordinance, such monies to be paid solely from the
"Interceptor Fund" established by acreage availability charges assessed by the Ordinance.
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 "Interceptor 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
"Interceptor Fund".
Subject to the terms of the Ordinance and this Agreement, payment fi-om the "Interceptor
Fund" to DYC towards the satisfaction of the sum set forth above shall be made on a
quarterly basis. Such payments to DYC shall be prior to payments from the Interceptor
Fund" to any other persons pursuant to similar agreements entered into subsequent to the
date of this Agreement.
The City does not guarantee DYC that the advanced funds referenced herein will be fully
reimbursed.
10.
12.
DYC agrees to comply with all present and future federal, state and local laws, executive
orders, rules, regulations, codes and ordinances which are applicable to DYC's performance
of its obligations under this Agreement, and all relevant provisions thereof are incorporated
herein by this reference. DYC agrees to indemnify and hold harmless the City from any and
all losses, damages, costs, attorney fees and/or liabilities resulting from any violation by DYC
Realty and/or its employees of such law, order, rule, regulation, code or ordinance. This
indemnification obligation shall survive the termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State
of' Indiana, except for its conflict of laws provisions, 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 any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that
such court is the appropriate venue t~r and has jurisdiction over same.
DYC shall indemnify and hold harmless the City and its officers, officials, employees, agents
and assigns from any and all losses, liabilities, claims, judgements 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 DYC and/or any of its employees and, except for intentional
misconduct, of its agents, outside sources, contractors or subcontractors, in the performance
of the Development, the Sewer Extension and/or this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
DYC 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 of work and/or in the
performance ot~ any work on the Development or the Sewer Extension as
contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges
3
13.
14.
16.
of employment or any matter directly or indirectly related to employment, subcontracting or
work pertbrmance 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 5-16-6-1 for any person so discriminated against.
This indemnification obligation shall survive the termination of this Agreement.
DYC shall not cause or permit the filing of any lien on any of the City's property. In the
event such a lien is filed of record and DYC fails to remove it within thirty (30) days at~er 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 DYC's sole cost and expense. DYC shall indemnify and hold
harmless the City from and against any and all 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 shall survive the termination of this Agreement.
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.
The City and DYC, and their respective officers, officials, agents, partners, successors and
assigns are bound to the other and to its officers, agents, partners, successors and assigns in
all respects as to all terms~ conditions and obligations of this Agreement.
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
4
17. Each party hereto represent 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.
DYC REALTY, LLC
BY. ~/~ar~~~
Aut~ignatur
Printed Name
Title
Date
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
rainard, Pr }iding Officer
Billy Walker, Member
Date:
ATTEST:
S:\REIMBAGI~,EE\96TIIAUTOSAN