Providence Housing Partn... (2) APPROVED, AS TO
THE CITY OF CARMEL, INDIANA AND
PROVIDENCE HOUSING PARTNERS, 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 Providence Housing Partners, LLC (hereinafier
"Providence"), on this ~,/h day of (/I ~l~td%, 2000.
WITNESSETH:
WHEREAS, The City had 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/or oversize the water
distribution system, as well as the method of reimbursement; and
WHEREAS, Providence desires to oversize the on-site trunk water distribution system for the
Providence at Old Meridian Development located on Old Meridian Street, North of Carmel Drive and
across from Meijers, Inc., Carmel, Indiana (the "Development") as follows:
Oversizing Costs:
1,780 linear feet of 8-inch Ductile Iron Pipe vs
1,780 linear feet of 10-inch Ductile Iron Pipe $15,082.00
Sub/General Contractor Fees 1.508.00
SUB TOTAL $16,590.00
Legal Fees 1,000.00
TOTAL $17,590.00
(As per Certified Construction Drawings from Mid-States Engineering in the Department of
Engineering entitled Providence at Old Meridian On-site Water Mains, Project Number 111-1150,
certified April 26, 2000 and approved May 28, 2000.)
VV]rlEREAS, Providence desires to receive refunding of reimbursable monies expended on the
Development, pursuant to the Ordinance.
NOW THEREFORE, the parties agree as follows:
3_
The foregoing recitals are hereby incorporated herein and made a part hereof.
This written agreement is entered into prior to the commencement of construction of the
Development, pursuant to the Ordinance.
Providence shall advance the sum of Seventeen Thousand Five Hundred Ninety and 00/100
Dollars ($17,590.00) to or on behalf of the City to pay for the oversizing of the trunk water
distribution system (the "Water Extension"), the description of which is as follows:
Water Main oversizing for the Providence at Old Meridian. Includes 1,780 linear feet
of 10 inch ductile iron water main, valves, tees, bends, etc.
The City has determined that the above expenditure is necessary to provide water 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 Seventeen Thousand Five Hundred Ninety and 00/100 Dollars ($17,590.00), 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.
The City's sole obligation hereunder shall be to repay the above sum from monies deposited
in the "Water Availability-Mains Fund" only, and the 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 "Water Availability-Mains Fund".
Subject to the terms of the Ordinance and this Agreement, payments from the "Water
Availability-Mains 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 prior to any
payments from the "Water Availability-Mains Fund" 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
2
10.
11.
12.
reimbursed.
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 hamless 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 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 for and has jurisdiction over same.
Providence shall indemnify and hold harmless 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 Water 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,
subcontractor and outside sources shall comply with all existing and future laws of the United
States, the State oflndiana and City prohibiting discrimination against any employee, applicant
3
13.
14.
15.
for employment and/or other person in the subcontracting of work and/or in the performance
of any work on the Development or 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
5-16-6-1 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 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 such liabilities, losses, claims, costs,
attorney fees, expenses and/or damages incurred by the City in connection with any such lien
or the removal thereo~ This indemnification obligation 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 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
4
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.
17. Each paay 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.
1N WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
PROVIDENCE HOUSING PARTNERS,
LLC
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Authorized Signature
Pnnted Name 7
Title
Date
S:~RE1MBAGREEXBUCKHAMWAT
5
June 27, 2000
City of Carreel
DEPARTMENT OF ENGINEERING
Board of Public Works and Safety
One Civic Square
Carreel, IN 46032
Dear Board Members:
Ms. Lynnette Willtams of Buckingham Compames, rapresenting Providence Housing Parmen, LLC, is
requesting Board Approval of a Water Reimbursement Agreement and a Sewer Interceptor Ftmd
Reimbursement Agreement between the City of Camel and Providence Housing Partners, LLC. These
Agreements are for Buckingham's Providence at Old Meridian residential and retail development located
on Old Meridian Street across from the Meijer development.
Water Reimbursement A~,reement
This Agreement reimburses the Developer for the cost difference of materials required to oversize 1,780
linear feet of water main in this development from 8-inches to 10-inches. The Agreement includes:
Cost Difference $16.590.00
Legal Fees 1,000.00
Total $17,590.00
Sewer lnterceutor Fund Reimbursement Al~reement
This Agreement reimburses the Developer for the cost of labor and materials to extend an 8-inch sanitary
sewer tnain, 314 linear feet from file property line of file Development to an existing structure located on
the Twin Lakes Apartments site. The Agreement includes:
Labor & Materials $11,142.00
Site Clearing $ 5,200.00
Total $16,342.00
These costs are reimbursable by ordinance and adhere to the Master Plan for the City of Cannel. This
office has reviewed the documentation and drawings submitted and certified by Mid-States Engineering for
this project. John Duffy, Carmel Utilities Manager, lms reviewed and approved the drawings and
Agreements. The City Attomey has reviewed and approved the Agreements. Therefore, I recommend lhe
Board approve the Water Reimbursement and Sewer Interceptor Fund Reimbursement Agreements in the
amounts of $17,590.00 and $16,342.00 respectively.
Sincerely,
M.~e eese. P.E. CJD 0-~'lad~
City Engineer
MKB/rbh
Attaclunents (Reimbursement Agreements)
S:\BPW00\PROVREIMBAGREE
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
BUCKINGHAM COMPANIES, AMO®
June 20, 2000
Mr. Dick Hill
Department of Engineering
Gty of Carmel
One Civic Square
Carmel, IN 46032
RE: PROVIDENCE AT OLD MERIDIAN
REQUEST OF SEWER AND WATER REIMBURSEMENT AGREEMENT
Dear Mr. Hill:
The purpose of this letter is to request the Board of Public Works of Carmel approve the
proposed sanitary sewer and water reimbursement agreement between the Board of Public
Works and Providence Housing Partners, LLC. The request for reimbursement is a total
sum of $28,214.00.
Sanitary Sewer
Construction Costs (Metro Construction)
TOTAL SEWER
$16,342.00
$16,342.00
Water
Attorney Fees (Ice Miller Donadio Ryan)
Construction Costs (Metro Construction)
TOTAL WATER
$1,000.00
$16,590.00
$17,590.00
TOTAL REIMBURSEMENT REQUEST
$33,932.00
The off-site sewer extension of 314 feet of 8" PVC is necessary to bring sewer service to the
boundary of Providence at Old Meridian. The sewer line is being extended from the existing
8" sewer line east of the site at Twin Lakes Apartments in the utility easement being acquired
by the City of Cannel. During construction of Twin Lakes Apartments, a sewer line was not
provided to the boundary of the property line.
The water main as proposed will be 10" DIP in order to serve the City of Carmd, which is
above and beyond the 8" DIP that would have been required in order to serve Providence at
Old Meridian only. The length of this pipe is 1780 feet.
· 333 N. Pennsylvania Street, 10th floor · Indianapolis, IN 46204 · 317 974.1234 · Fa.x 317 974.1238 · wwwbuckingham-co.com
Should you have any further questions, please feel free to contact me at 317-974-1234, ext.
241.
Sincerely,
PROVIDENCE HOUSING PARTNERS,
LLG
Lyrmette Willjams, AICP
Development Coordinator
CC:
Bradley B. Chambers, Buckingham Companies
Bill Bauer, Buckingham Companies
CO J]~)Y APPROVED, AS TO
THE CITY 'OF CARMEL, INDIANA AND
PROVIDENCE HOUSING PARTNERS, 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 Providence Housing Partners, LLC (hereina~er
"Providence"), on this day of ,2000.
WITNESSETH:
WHEREAS, The City had duly adopted and enacted City Code Chapter 9, Division II, Sections
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/or oversize the water
distribution system, as well' as the method of reimbursement; and
WHEREAS, Providence desires to oversize the on-site trunk water distribution system for the
Providence at Old Meridian Development located on Old Meridian Street, North of Carmel Drive and
across from Meijers, Inc., Carreel, Indiana (the "Development") as follows:
Oversizing Costs:
1,780 linear feet of 8-inch Ductile Iron Pipe vs
1,780 linear feet of 10-inch Ductile Iron Pipe
Sub/General Contractor Fees
SUB TOTAL
$15,082.00
1.508.00
$16,590.00
Legal Fees 1,000.00
TOTAL $17,590.00
(As per Certified Construction Drawings from Mid-States Engineering in the Department of
Engineering entitled Providence at Old Meridian On-site Water Mains, 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:
1
The foregoing recitals are hereby incorporated herein and made a part hereoK
This written agreement is entered into prior to the commencement of construction of the
Development, pursuant to the Ordinance.
Providence shall advance the sum of Seventeen Thousand Five Hundred Ninety and 00/100
Dollars ($17,590.00) to or on behalf of the City to pay for the oversizing of the trunk water
distribution system (the "Water Extension"), the description of which is as follows:
Water Main oversizing for the Providence at Old Meridian. Includes 1,780 linear feet
of 10 inch ductile iron water main, valves, tees, bends, etc.
The City has determined that the above expenditure is necessary to provide water 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 Seventeen Thousand Five Hundred Ninety and 00/100 Dollars ($17,590.00), 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.
The City's sole obligation hereunder shall be to repay the above sum from monies deposited
in the "Water Availability-Mains Fund" only, and the 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 "Water Availability-Mains Fund".
Subject to the terms of the Ordinance and this Agreement, payments from the "Water
Availability-Mains Fund" to Providence towards the satisfaction of the sum set forth above
shall be made on a quarte~y basis. Such payments to Providence shall be prior to any
payments from the "Water Availability-Mains Fund" 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
,
10.
ll.
12.
reimbursed.
Providence agrees to comply ~vith 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 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 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 for and has jurisdiction over same.
Providence shall indemnify and hold harmless 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 Water 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,
subcontractor 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
13.
14.
15.
16.
for emlSloyment and/or other person in the subcontracting of work and/or in the performance
of any work on the Developn4ent or 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
5-16-6-1 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 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 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.
If any provision or portion of this Agreement is held to be invalid, illegal or unenforeeable by
a court of competent jurisdiction, that provision or portion thereof shah 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 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
4
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.
17. 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.
PROVIDENCE HOUSING PARTNERS,
LLC
BY:
Authorized Signature
Title
Date
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Billy Walker, Member
Date:
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
S:XREIMBAGREE~BUCKHAMWAT
' ~ -. APPROVED, AS TO
SEWER INTERCEPTOR FUND REIMBURSEMENT AGREEME~~
THE CITY OF CARMEL, INDIANA AND
PROVIDENCE HOUSING PARTNERS, 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 Providence Housing Partners, LLC (hereinafter
"Providence") on this ~ day of ,2000.
WITNES SETH:
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 Carreel Drive and across from
Meijer, Inc., Carreel, 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- l 150,
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:
1. 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.
10.
12.
Providence agrees to comply with all present and future federal, state and local laws,
executive orders, rules, regula, tions, 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 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 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.
14.
15.
16.
contemplated by this Agreem,ent with respect to hire, tenure, terms, conditions or privileges
of employment or any matter directly or indirectly related to employment, subcontracting or
~vork performance hereunder because of race, religion, color, sexl 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
C1TY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Title
Billy Walker, Member
Date:
Date
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
S:XREIMBAGREE~BUCKHAMSAN