Providence Housing Partners,LLCAPPROVED, AS TO
PROVIDENCE HOUSING PARTNERS, LLC
This Agreement is entered into by and between the City of Cannel, Indiana, by and through its Board
of Public Works and Safety (hereina~er "City") and Providence Housing Partners, LLC (hereinafter
"Providence") on this '5"~ day of Q/~ t/,'~d~--, 2000.
WITNESSETH:
WHEREAS, the City had duly adopted and enacted City Code Sections 9-196 through 9-210
(collectively the "Ordinance") that provides in part for the reimbursement from an "Interceptor Fund" of
private funds expended to extend the trunk sewerage system, as well as the method of reimbursement; and
WHEREAS, Providence desires to extend a portion of the trunk sewerage system for the Providence
at Old Meridian Development located on Old Meridian Street, North of Carmel Drive and across from
Meijer, Inc., Carmel, Indiana (the "Development") as follows:
Install 314 1.f. 8-inch main
Air/Mandrel Test
Core Drill
Clear Easement Site
Sub/General Contractor Fees
TOTAL
$ 8,421.00
235.00
1,000.00
5,200.00
1,486.00
$16,342.00
(As per Certified Construction Drawings from Mid-States Engineering in the Department of
Engineering entitled Providence at Old Meridian Offsite Sanitary Sewer, Project Number 111-1150,
certified April 26, 2000 and approved May 28, 2000).
WHEREAS, Providence desires to receive refunding of reimbursable monies expended on the
Development, pursuant to the Ordinance.
NOW THEREFORE, the parties agree as follows:
The foregoing recitals are hereby incorporated herein and made a part hereof.
This written agreement, entered into prior to the commencement of construction on the
Development, is entered into by the parties pursuant to the Ordinance.
Providence shall advance the sum of Sixteen Thousand Three Hundred Forty Two and
00/100 Dollars ($16, 342.00) 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 314 linear feet of 8 inch pipe, (1) manhole, core and boot existing
manhole, air and mandrel testing, site clearing and connection to an existing structure
located on Twin Lakes Apartments property east of the site.
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 Providence agree that Providence shall be entitled to reimbursement of the sum
of Sixteen Thousand Three Hundred Forty Two and 00/100 Dollars ($16,342.00), 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.
City's sole obligation hereunder shall be to repay the above sum from monies deposited in the
"Interceptor Fund" only, and City does not incur any liability for repayment of same other
than to make such payments as are available under the Ordinance from monies deposited in
the "Interceptor Fund".
Subject to the terms of the Ordinance and this Agreement, payment from the "Interceptor
Fund" to Providence towards the satisfaction of the sum set forth above shall be made on a
quarterly basis. Such payments to Providence shall be made prior to payments from the
Interceptor Fund" being made to any other persons pursuant to similar agreements entered
into subsequent to the date of this Agreement.
The City does not guarantee Providence that the advanced funds referenced herein will be
fully reimbursed.
2
10.
11.
12.
Providence agrees to comply with all present and future federal, state and local laws,
executive orders, rules, regulations, codes and ordinances which are applicable to
Providence' s performance of its obligations under this Agreement, and all relevant provisions
thereof are incorporated herein by this reference. Providence 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 Providence Housing Partners 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 panics 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 for and has jurisdiction over same.
Providence 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 Providence 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.
Providence 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 the City prohibiting discrimination against any
employee, applicant for employment and/or other person in the subcontracting of work
and/or in the performance of any work on the Development or the Sewer Extension as
3
13.
15.
16.
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 5-16-6-1 for any person so discriminated against.
This indemnification obligation shall survive the termination of this Agreement.
Providence 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 Providence 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 Providence's sole cost and expense. Providence 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 operated independently of such stricken
provision shall continue in full force and effect.
The City and Providence, 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
4
17.
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.
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.
1N WITNESS WHEREOF the parties have executed this Agreement on the date first above written.
PROVIDENCE HOUSING PARTNERS, LLC
BY:
Authorized Signature
pr i.tedrd NmeCe7 C 6 e, s
Title
CITY OF CARIV[EL, INDIANA
By and through its Board of Public Works and Safety
JBY~a:~nard, Presiding
Date:
Date
g:;?Cordr } ,reasurer
S:XRE1MBAGREE~BUCKHAMSAN