Centex HomesI,,hO.
APPROVED AS TO
WATER EZM URSEMENT A R uit Iu e A I t EENFORMIY
THE CITY OF CARMEL,
CENTEX HOME8
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 centex Homes, a Nevada General
Partnership by Centex Real Estate corporation its Managing
General Partner (hereinafter "Centex") on this e~4~ day of
~o~e~6~ , 2000.
WITNESSETH:
WHEREAS, the City had duly adopted and enacted City Code
Chapter 9, Division II, sections 9-25 through 9-44 (colleotively,
the "Ordinance") that provides in part for the reimbursement from
the "water Availability-Mains Fundee of private funds expended to
extend and/or oversize the water distribution system, as well as
the method of reimbursement; and
WHEREAS, Centex desires to oversize the on-site trunk water
distribution system for Lost Oaks at Haverstick, Section 3 and
8tone Haven at Haverstick,
follows:
A: Construction Materials
Section S
(the "Developments") as
1. Oversize-8 inch to 12 inch D.I. Main $ 8,290.00
2. Oversize-8 inch to 12 inch Valves $ 1,162.50
3. Oversize-Tees, etc. $ 830.00
4. Oversize Reducer $ 350.00
Total $10,632.50
(As per Certified Construction Drawings from Stoeppelwerth
& Associates on file in the Department of Engineering
entitled Lost Oaks at Haverstick, Section 3 and Stone Haven
at Haverstick, Section 5, Job Number 18465, and approved
June 13th, 2000 and July 14th, 2000 respectively)
WHEREAS, Centex desires to receive refunding of
reimbursable monies expended on the Developments, pursuant to
the ordinance.
NOW THEREFORE, the parties agree as follows:
1. The foregoing recitals are hereby incorporated herein and
made a part hereof.
2. This written agreement is entered into subsequent to the
completion of construction of the Developments.
3. Centex shall advance the sum of Ten Thousand Six Hundred
Thirty Two and 50/100 Dollars ($ 10,632.50) 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 Lost Oaks at Haverstick,
Section 3 and Stone Haven at Haverstick, Section 5.
Includes 1,112 linear feet of 12 inch ductile iron water
main, valves, tees, reducers, etc.
4. 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.
5. The City and Centex agree that Centex shall be entitled
to reimbursement of the sum of Ten Thousand Six Hundred
Thirty Two and 50/100 Dollars ($ 10,632.50) pursuant to
and in accordance with the terms of the ordinance, such
monies to be paid solely from the "Water Availability~
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Mains 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 "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".
Subject to the terms of the Ordinance and this Agreement,
payments from the "Water Availability-Mains Fund" to
Centex towards the satisfaction of the sum set forth
above shall be made on a quarterly basis. Such payments
to Centex 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 centex that the advanced
funds referenced herein will be fully reimbursed.
Centex agrees to comply with all present and future
federal, state and local laws, executive orders, rules,
regulations, codes and ordinances which are applicable to
Centex's performance of its obligations under this
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Agreement, and all relevant provisions thereof are
incorporated herein by this reference. Centex agrees to
indemnify and hold harmless City from any and all losses,
damages, costs, attorney fees and/or liabilities
resulting from any violation by Centex 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.
Centex 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 Centex and/or any of its
employees and, except for intentional misconduct of its
agents, outside sources, contractors or subcontractors,
in the performance of the Developments, the Water
4
3e
Extension and/or this Agreement.
obligation shall survive the
Agreement.
Centex represents and warrants that it and each of
employees, agents, contractors, subcontractors
This indemnification
termination of this
its
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 of any
work on the Developments 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, natlonal origin,
ancestry, age, disabled veteran status or Vietnam era
veteran status. The city reserves the right to collect
a penalty as provided in IC5-16-6-1 for any person so
discriminated against. This indemnification obligation
shall survive the termination of this Agreement.
Centex 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 centex 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
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such lien or obtain such bond, all at Centex~s sole cost
and expense. Centex 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 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
provision shall continue in full force and
stricken
effect.
The City
officials,
15. and Centex, and their respective officers,
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.
16. 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.
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.
CENTEX HOMES, A NEVADA GENERAL
PARTNERSHIP BY CENTEX REAL
ESTATE CORPO TION, ITS MANAGING
GENERAL P R
BY:~:~
Authorized Signature
Printed Name
CITY OF CARMEL, INDIANA
By and through its Board of
Public Works and Safety
ATTEST
S: \REIMBAGREE\LOAK3SHAVEN5
7
City of Carmel
DEPARTMENT OF ENGINEERING
November 7, 2000
Board of Public Works and Safety
One Civic Square
Carreel. IN 46032
RE: Water Reimbursement Agreement
Dear Board Members:
Mr. Rodney Mutler of Ceulex Homes is requesting Board Approval of a Water Reimbursement Agreement
between d~e City of Caramel and Ccnlex Homes. This Agreement is for Centcx's Haverstick residential
Subdivisions located on East 131"~ Street. west of River Road.
Water Reimbursement Al~reement
This Agreement reimburses ~e Developer for file cost difference of materials required to oversize 1, 112
linear feet of water nmin in file Lost Oaks at Haverstick, Section 3 and Stone Haven at Haverstick, Section
5 Subdivisions from 8-inches to 12-inches. The Agreement includes:
Oversize-8 inch to 12 inch pipe $ 8290.00
Oversize Miscellaneous Associated Materials ~42.50
Total $1 (I,632.00
Tbese costs are reimbursable by ordinm~ce ~md adhere to the Master Plan for ~e City of Cannel. Tbis
office has reviewed the documentation and drawings submitted and certified by Stoeppelwerth &
Associates for ibis project. John Duffy. Cannel Utilities Manager. Ires reviewed and approvcd thc
drawings and Agrccmenls. The Cily Altorney has rcviewed and approvcd the Agrecments. Therefore. 1
reco~nmend tile Board approve tile Water Reimbursemenl Agreement in the anlount of $10,632.50.
Sineerely,
M. Kale Weesc. P.E.
City Engineer
MKB/rbh
Attachmenls (Rcimbnrsement Agreements)
S:'/BIIW00iCENTEXREIMBAGREE
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
CENTEX H[3MES
f
October 25, 2000
Department of Engineering
s 3Z
De~ Dick,
Corporlte OffIce
6602 East 75th Street
Suite 100
Indianapolis, IN 46250
Phone: 317-915-2200
Centex Homes would like to enter into a Water Reimbursement Agreement with the City of Carmel for our Stone
Haven Section 5 and Lost Oaks Section 3 projects at Haverstick. The Department of Engineering has already
received a copy of the final certified set of approved drawings of the water main installation. Attached are 8 (eight)
copies of itemized quotes from wate~ine contractors to provide the labor, equipment, and material for the
installation of the Stone Haven Section 5 and Lost Oaks Section 3 waterline. Also, attached is a breakdown
showing all the contracturs costs and the cost reimbursement difference of our lowest waterline contractor
(Infrastructure Contractors, Inc.). There are 3 (thxee) activities that Centex Homes did not have a unit price to
compare the 12" to the 8" on Stone Haven Section 5 and 2 (two) activities on Lost Oaks Section 3, so Infrastmctore
Contractors, Inc. (I.C.I) provided us with additional pricing. I.C.I's letters showing the cost difference are attached.
The required easements will be fmalized once the plat has been recorded at the Hamilton County Recorders Office.
The Department of Engineer has the certified engineers estimate from Stoeppelwerth & Associates, Inc. Please
provide an itemized reimbursement agreement between Centex Homes and The City of Carmel. Stone Haven
Section 5 reimbursement amount is $8,321.50 and Lost Oaks Section 3 is $2,401.00. Centex is requesting a total
amount of $10,632.50 for the reimbursement agreement per the attached breakdown ofwaterline items.
The official name for Centex is: Centex Homes, a Nevada General Partnership by Centex Real Estate Corporation
its Managing General Partner. Also, Timothy K. McMahon will be sigffmg the agreement for Centex Homes in
which his official title is Indianapolis Division President.
Please contact me if you have any questions or concerns.
Sincerely,
CENTEX HOMES
Rodhey A. Muller
Land Development Project Manager
Extension 251
Cc:
Thomas L. Kutz
Land Development Manager
Page 1 of 1
December 6, 2000
Mr. Timothy K. McMahon
CENTEX HOMES
6602 East 75th Street
Suite 100
Indianapolis, 1N 46250
RE: Water Reimbursement Agreement Between the City of Carmel, Indiana
And Centex Homes
Dear Mr. McMahon:
On November 15, 2000, the Board of Public Works and Safety approved the above-
referenced Water Reimbursement Agreement with your company. A fully executed copy
of that Agreement is enclosed for your records.
If you have any questions or concerns, please do not hesitate to contact me at
317.571.2413.
Sincerely,
COPY
Carfie A. Gallagher
Deputy Clerk-Treasurer
Enclosure
cc: M. Kate Weese, City Engineer