Cricklewood Homeowners Assoc.CRICKLEWOOD SUBDIVISION
STREET LIGHT AGREEMENT
PARTIES
APPROVED, AS TO
FORM BY: ~'
This Agreement is entered into by and between the Cricklewood Homeowners'
Association, Inc. ("Association") and the City of Carmel, Indiana, by and through its Board of
Public Works and Safety ("City"). ',
RECITALS
The Association desires five (5) ornamental street lights (the "Street Lights") to be installed
at various locations in the Cricklewood subdivision, located in Carmel, Indiana (the
"Subdivision"), to enhance safety and aesthetics, and the City believes it is in the public
interest that the Street Lights be so installed.
The estimated cost of this Street Light Project ("Project") is approximately Fifteen Thousand
Dollars ($15,000.00). The City agrees to pay not more than Five Thousand Dollars
($5,000.00) of this Project cost under the terms and conditions set forth in this Agreement.
The Association agrees to pay the remainder of the Project costs and expenses under the
terms and conditions set forth in this Agreement.
AGREEMENT
]. Recitals. The above recitals are fully incorporated herein by reference.
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Total Cost to City. The parties understand and agree that the total and only obligation of the
City regarding the payment of the cost of the Project is the amount of Five Thousand Dollars
($5,000.00), to be paid upon Project completion and acceptance by the City, and that the
Association shall be solely responsible for any and all remaining costs and expenses
incurred in or as a result of the Project.
Electrical Fees. The Association will be responsible for and shall pay all electrical fees
incurred to provide electrical service to the Street Lights, and the City assumes no obligation
for such payments.
Engineering Studies, Ownership and Maintenance. The City will undertake and be
responsible for any engineering and design studies necessary for the initial installation of the
Street Lights. Once installed and operational, the City shall assume ownership of the Street
Lights and maintain them in an operational condition. Such maintenance shall take place in
the same manner as the City maintains other City property.
Risk of Loss and Insurance. Upon Project completion and acceptance by the City, the City
will assume the risk of loss for each Street Light that is installed in the City's right-of-way
pursuant to this Agreement, and may choose to insure said risk.
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Controlling Law, Venue and Notice. The laws of the State of Indiana shall control the
interpretation of this Agreement. Venue for any action brought to enforce this Agreement
shall be proper in any Circuit or Superior Court of Hamilton County, Indiana. Notice shall be
proper only if it is in writing and hand-delivered or delivered through the United States Postal
Service via certified mail, return receipt requested, upon the other party at the following
address:
If to the City:
If to the Association:
City of Carmel
One Civic Square
Carmel, IN 46032
Attn: Legal Department
Cricklewood Homeowners' Association, Inc.
13021 Cricklewood Ct.
Carmel, IN 46033
Attn: Earl Vogt
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Representations and Warranties. The parties represent and warrant that they are
authorized to enter into this Agreement and that the persons or entities executing this
Agreement have the authority to bind the party which they represent.
8. Effective Date. This Agreement is entered into and shall be effective on the date last
executed by a party hereto.
CITY OF CARM EL, INDIANA
by and through its Board of Public
Works and Safety
CRICKLEWOOD
HOMEOWNERS' ASSOCIATION, INC.
BY:
Name:
Title:
Date:
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April 6, 2000
Mr. Earl F. Vogt
CRICKLEWOOD HOMEOWNERS'
ASSOCIATION, INC.
10321 Cricklewood Court
Carmel, IN 46033
Dear Mr. Vogt:
On April 5, 2000, the Board of Public Works and Safety approved a contract to do
business with your company. Enclosed is a copy of the signed agreement.
Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions.
Sincerely,
Robin L. Butler
Deputy Clerk
Enclosure
pc: Douglas C. Haney, City Attorney
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/5 ? 1- 2400