Duke Construction Limited Part.06/06/2000 X5;21 FAX
004
APPROVED, AS TO
FORM BY:
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CARMEL AND
DUKE CONSTRUCTION LIMITED PARTNERSHIP
TItIS AGREEMENT is entered imo by and between the CITY OF CARMEL, INDIANA by and
through its Board of Public Works and Safety (hereinaficr "Ci ") and DUKE CONSTRUCTION
LIMITED PARTNERSHIP (hcreinaf~cr "Duke") on this ~;ay of June, 2000.
WrI'NESSE'F[-I:
WHEREAS, City has agreed to improve that section of Meridian Corucrs Boulevard between
Dorset Boulevard and 131 sl S~eet ("Boulevard") by adding permanent landscaping, moundlag and wood
privacy fence in and along the west side of Boulevard, extending to ~hc west right-of-way line of
Boulevard, which line is also the east boundary of Westpark Subdivision, in accordance with and as set
forth on Exhibit A attached hereto (the "Improvemeats"i; and
WHEREAS, City desires Duke to perform the Improvements and to reimburse Duke for the costs
associated therewith,
NOW, THEREFORE, the parties agree as follows:
I. The foregoing recitals are hereby incorporated herein and made a pan hereoE
2. This written agreement is entered into prior to the commenceincur of construction of the
Improvements.
3. Duke agnes tO perform the Improvements in a good and workmanlike manner
commencing on or about/une 8, 2000.
4. The City will reimburse Duke for ~e cost of ~e Improvements, estimated to be Forty-
eight Thousm~d Nine Flundrcd Eighty Dollars ($48,950.00), bm not to exceed Fiity Thousand Two
Hundred Dollars ($50,200.00).
5. Reimbursemoat will be made by City m Duke within thirty (30) days after receipt of a
reimbursement request letter from Duke which details the cost of the Improvements, a final walk-through
inspection by City and an affidavit stating that all conuactors and suppliers have been paid. Such walk-
through shall be performed promptly after notice from Duke of substantial completion of the
Improvements.
6. City shall indnnnify and hold harmless Duke from and against any and all claims,
demands, liability and expenses including reasonable attorneys' fees arising from or ~n connection with
Duke's performance of its obligations under this Agreement, except tO the extent caused directly by
Duke's negligence or willful misconduct Duke shall indemnify and hold harmless City from and against
any and all claims, demands, liability and exp~nses incindiug reasonable attorneys' fees to the extent
caused directly by Duke's negligence or willful misconduct.
06/06/2000 16:22 FAX ~005
7. If either party defaults in the performance of its obligations under this Agreement, the
defaulting party agrees to reimburse the non-defaulting parly for its reasonable attorneys' fees incurred in
connection with such default.
g. This Agreement shall be governed by and cons'aued in accordance with the laws of the
State of Indiana. This Agreement cannot be changed, modified, terminated, canceled, rescinded, or
otherwise altered or negated except by wrinen agreement executed by the parties. This Agreement
constitutes the entire Agreement between City and Duke and all other prior writings or understandings are
hereby merged into this Agreement. The paities each reprcsem and warrant that execution of this
Agreement has been duly authorized by all necessary action and that the party executing the Agreement
on their behalf has the authority to So act.
IN WITNESS WHEREOF the pa~ties have made and executed this Agreement as follows:
CITY OF CARMEt., IN'DIANA
By and through its
DUKE CONSTRUCTION LIMITED PARTNERSHIP nym~/eRD OF PUB,~!c WORKS
By: Duke Realty Services Limited Parmership, its
general parmer
Ma~ A, n~urke, Member
Date
Date
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