Springmill Builders, Inc/Utilit APPROVED, AS 10
FORM
SEWER INTERCEPTOR FUND REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CARMEL, INDIANA AND
SPRINGMILL BUILDERS, INC.
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 Springmill Builders, Inc. (hereinafter "Springmill") on
this ~(~ day of ~,a~, 2002.
WITNESSETH:
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, Springmill desires to extend a portion of the trunk sewerage system for the Taylor
Trace Subdivision located on East 146th Street, East of the intersection of Carey Road and East 146t~ Street,
Carmel, Indiana (the "Development") as follows:
Install 296 1.£ 8-inch main
2-Sanitary Manholes/Testing
2-Wyes/26 1.f. 6" Laterals
Bonding Costs
$ 5,837.12
3,490.00
559.42
30.00
TOTAL $ 9,916.54 or $ 9,917.00
(As per Certified Construction Drawings from Weihe Engineers, Inc. in the Department of
Engineering entitled Taylor Trace, Project Number W02-0350, with a latest date of revision as of
September 17, 2002).
WHEREAS, Springmill 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 hereo£
2. This written agreement, entered into prior to the commencement of construction on the
Development, is entered into by the parties pursuant to the Ordinance.
Spfingmill shall advance the sum of Nine Thousand Nine Hundred Seventeen and 00/100
Dollars ($9,917.00) 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 296 linear feet of 8 inch pipe, (2) manholes, vacuum testing and (2)
wyes and laterals connecting to a structure to be located in the Taylor Trace
subdivision.
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 Springmill agree that Spdngmill shall be entitled to reimbursement of the sum of
Nine Thousand Nine Hundred Seventeen and 00/100 Dollars ($9,917.00), 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 Springmill 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 Spdngmill that the advanced funds referenced herein will be
fully reimbursed.
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10.
ll.
12.
Springmill agrees to comply with all present and future federal, state and local laws,
executive orders, rules, regulations, codes and ordinances which are applicable to
Spring, mill's performance of its obligations under this Agreement, and all relevant provisions
thereof are incorporated herein by this reference. Springmill 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 Springmill Builders 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.
Spfingmill 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 Springmill 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.
Springmill 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
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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.
Springmill 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 Springmill 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 Springmill's sole cost and expense. Springmill 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
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 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.
IN WITNESS WHEREOF the parties have executed this Agreement on the date first above written.
SPRINGMILL BUILDERS, INC.
/~u%hor~ed S~gn~ture
CITY OF CAILMEL, INDIANA
By and through its Board of Public Works and Safety
BY: , ' A
Jal~es Brainard, Presiding Officer
PdntedName b//
Title
Mary Ann Burke, Member
Date:
D~tie:: /'/
Date
AT;TEST: ., ~ s~mdm M. lohUSO~
~ .~ ~ Depu~Cie~r
D~a Cordray, I~C, Clerk Treasurer
Date: 10//¢/0 ~
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