Water Reim/Plum Creek
APPROVED, AS TO
WATER REIMBURSEMENT AGREEMENT BETW.F~.R~ji BY: ~
THE CITY OF CARMEL, INDIANA AND
PLUM CREEK 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 Plum Creek Partners, LLC (hereinafter "Plum
Creek"), on this a//tday of/' '~'v' ,
, ( * . 2001.
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, Plum Creek has extended the on-site trunk water distribution system for the Hazel
Dell Corners Commercial and Retail Development located at East 131 st Street and Hazel Dell Parkway,
Carmel, Indiana (the "Development") as follows:
Extend 8-inch Water Main to Delaware Commons Subdivision:
548 linear feet of S-inch Ductile Iron Pipe $ 9,199.00
Fittings and Valves $ 6,858.00
Miscellaneous Materials and Services $ 9,486.00
TOTAL $25,543.00
(As per Certified Construction Drawings from The Schneider Corporation in the Department of
Engineering entitled Hazel Dell Corners, Project Number 904.60, certified June 6, 2000 and
approved March 30, 2001 .)
WHEREAS, Plum Creek desires to receive refunding of reimbursable monies expended on the
Development, pursuant to the Ordinance.
NOW THEREFORE, the parties agree as follows:
1. The foregoing recitals are hereby incorporated herein and made a part hereof.
1
This written agreement is entered into after the commencement and completion of construction
of the water mains for the Development.
Plum Creek shall advance the sum of Twenty Five Thousand Five Hundred Forty Three and
00/100 Dollars ($ 25,543.00) to or on behalf of the City to pay for the extension of the trunk
water distribution system (the "Water Extension"), the description of which is as follows:
Water Main extension from Hazel Dell Comers to the Delaware Commons Subdivision.
Includes 548 linear feet of 8 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 Plum Creek agree that Plum Creek shall be entitled to reimbursement of the sum
of Twenty Five Thousand Five Hundred Forty Three and 00/100 Dollars ($ 25,543.00), 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 Plum Creek towards the satisfaction of the sum set forth above
shall be made on a quarterly basis. Such payments to Plum Creek 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.
8. The City does not guarantee Plum Creek that the advanced funds referenced herein will be fully
reimbursed.
9. Plum Creek agrees to comply with all present and future federal, state and local laws, executive
orders, rules, regulations, codes and ordinances which are applicable to Plum Creek's
performance of its obligations under this Agreement, and all relevant provisions thereof are
incorporated herein by this reference. Plum Creek agrees to indemnify and hold harmless City
from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any
violation by Plum Creek Partners and/or its employees of such law, order, rule, regulation,
code or ordinance. This indemnification obligation shall survive the termination of this
Agreement.
10. 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.
11. Plum Creek 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 Plum Creek 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.
12. Plum Creek represents and warrants that it and each of its employees, agents, contractors,
13.
14.
15.
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
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.
Plum Creek 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 Plum Creek 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 Plum Creek's sole cost and expense. Plum Creek 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 stricken provision
shall continue in full force and effect.
The City and Plum Creek, 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.
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.
1N WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
PLIYM CREEK PARTNERS, LLC
BY:
Auth~ature
Printed Name
Title
Date
CITY OF CARMEL, iNDIANA
By and through its Board of Public Works and Safety
j
BY:
Date:
Da,e: /7:
Bill~lker, Member
ATTEST:
Date:
S:\REIMBAGREE~BUCKHAMWAT
5
City of Carmel
DEPARTMENT OF ENGINEERING
October 25, 2001
Board of Pablic Works and Safety
One Civic Square
Carmel, 1N 46032
RE: Water Reimbursement Agreement
Dear Board Members:
Mr. Corby Thompson of Plum Creek Partners, LLC, is requesting Board Approval of a Water
Reimbursement Agreement between the City of Carmel and Plum Creek Partners, LLC. This Agreement is
for the Hazel Dell Comer commerciaFretail development at the Northwest corner of East 13 1at Street and
Hazel Dell Parkway.
Water Reimbursement Aereement
This Agreement reimburses the Developer for the cost of labor and materials to extend an 8-inch water
main 548 linear feet, from lot #6 in Hazel Dell Corners to the Delaware Conunons subdivision. This
extension creates a loop in the water distribution system. The Agreemere includes:
548 linear feet of Ductile Iron Pipe $ 9, 199.00
Pipe FiRings and Valves $ 6,858.00
Miscellaneous Material and Services $ 9.486.00
Total $25,543.00
These costs are reimbursable by ordinance and adhere to the Master Plan for the City of Carn~el. This
office has reviewed the documentation and drawings submitted and certified by The Sclmeider Corporation
for fixis project. John Duffy, Director Carreel Utilities, has reviewed and approved the drawings, the
reimbursable amount and the Agrocment. The City Attorney has reviewed and approved the Agreements.
Therefore. I recmnmend the Board approve the Water Reimbursement Agree~nent in the amount of
$25,543.00.
M. Kate Weese, P.E.
City Engineer
MKB/rbh
Attaclunent (Reimbarsement Agreement)
S:~BPW01~HDELLCORREIMBAGREE
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
LU
o
LOT 5
LOT 4 ~
LOT 3
LOT 2 LOT 1
N
131ST. STREET
HAZEL DELL CORNER
PLUM CREEK PARTNERS, LLC
11911 LAKESIDE DRIVE
FISHERS, INDIANA 46038
October 22, 2001
Board of Public Works
c/o Utility Director
City of Carmel
One Civic Square
Carmel, Indiana 46032
Dear Members:
It is hereby requested that the Board of Public Works, City of Carmel, Indiana,
approve the proposed Water Reimbursement Agreement between the Board and
Plum Creek Partners, LLC.
The requested reimbursement is in the total sum ors 25,543.00 as
defined on the attached Exhibit "A".
The reimbursable portion of the project is for the extension of an 8" main from
Lot 6 Hazel Dell Corner to the Delaware Commons subdivision to create a loop
in he water distribution system.
Sincerely yours,
Plum Creek Partners, LLC
by, Corby D. Thompson, Member
RECEIVED
CITY
ENGINEER ///
-- ---_22:, ~
EXHIBIT "A"
TO: THOMPSON LAND CO,
ATTN: CHRIS WERTH
FROM: ERIC FRAZIER - WEIHE CONSTRUCTION
Plum Creek Commercial
Itemized Cost Sheet for Main Extension to Delaware Commons
,qEV!SED ,~/'2010 1
~548 ~8 in ~ {CL50 TJ DI Pipe $14.7(] $8,056.15~
f .....T ......... F .......T ...........................................................
.
' ' ' I '
!548 ~ ~ j_C_hlorination $1.0_0j $548,00,
= .....'i', .........,~ .......= ............'~ ..............................................................!
~1 ~ ~ 13"X 1000' Blue Marking Tape "Water" $15.40~ $15.4(3
,~ .....,'~ .........,~ .......t .............................................. ~ ............. ~ ................ ,
]2 i i iGa,on Pipe Lube '
1 8 ~n MJ Sohd Sleeve L/P $125.92 $125.92
~1 ~8 in IX 6 in IMJ Anchodn~ Tee $191.101 $191.10~
I' .....-t- .........I' .......-I- ...........................................................................,
~ : ~ !MJ GATE VALVES_ ..............................................
~1 ~8 in ' IMJ RW Gate Valve O/ $840,75 $840,75~
i3 i ~ ~564S Valve Box Assembly $83,00 $249.00i
!1 i5 1/4 ] i5-1/4 3way Hyd 5'bu~ 6" Ma Shoe (YELLOW) $1.385.06 $1.386,06i
~ .....+ .........~ .......+ ............................ ~62.~0~ $~2.501
~1 ~8 in IX 8 inlTap Sleeve ................................................
~1 ~8 in ~ IMJ RW Tapping Valve ) OIL $653.07 $653.07~
j13 j8in j jUega-LugforOl $54.04 $702.525Ub $6,858.00
il i i iYa~ofCo.~ete i $72.~5i $7Z~5i
~0.25 J J }Goncrete Brick 4 x 8 x 16 $380,00~ $95.00~
r .....+ .........r .......T ............................................................
]1 I [ {Bore Pit Sl .200.00l $1,2oo.oo~
11 I I Ivac Truck $600,001 $600.00]
11 ~ 3Yrs [ 20% ]Maintenance Bond $222.251 $223,13jSub $9,486.00
JOB
TOTAL
$25,543