Shelborne Park, LLC/UtilitiesWATER REIMBURSEMENT AGREEMENT BETWEEN
THE CIT~ OF CAR~EL, INDIANA AND APPROVED, AS TO
SHELBORNE PA~E, LLC. FORM
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 Shelborne Park, L.L.C., an
Indiana Limited Liability Corporation (,,Shelborne Park"), on this
~ day of ~~_~' 2002.
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 relevant part,
reimbursement from the ,'Water Availability-Mains
funds expended to extend and/or oversize the water distribution
system, as well as the method of reimbursement; and
WHEREAS, Shelborne Park desires to extend the water
distribution system for Section i of its Shelborne Park
Subdivision, located in Clay Township,
(the "Development") as follows:
A: Construction Materials
1. Extend 920 ft of 8" D.I.
2.
for the
Fund" of private
Hamilton County, Indiana,
Main
Install 2 Fire Hydrants with T's
Total
$ 27425.20
$ 3534.99
$ 30,960.19
As per Certified Construction Drawings from Stoeppelwerth &
Associates on file in the Department of utilities entitled
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"Shelborne Park, Section 1", and approved on August 22, 2002);
and
WHEREAS, pursuant to and in accordance with the Ordinance,
Shelborne Park desires to receive a reimbursement from the City for
such reimbursable monies it has expended on the Development.
NOW THEREFORE, the parties agree as follows:
1. The foregoing Recitals are incorporated herein and
made a part hereof by this reference.
2. This Agreement is entered into subsequent to the
completion of the construction of the Development.
3. Shelborne Park has or shall advance the sum of Thirty
Thousand Nine Hundred Sixty Two and 19/100 Dollars ($
30,969.19) to or on behalf of the City to pay for the
extension of the trunk water distribution system to the
Development (the '~ater Extension"), the description of
which water extension is as follows=
Water Main extension for Shelborne Park, Section 1,
to include 920 linear feet more or less of 8-inch
ductile iron water main, valves, tees, and all
other necessary and customary equipment and
fixtures and structures.
The City has determined that the above expenditure
,,Reimbursement Amount")
(the
is necessary and appropriate to
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provide water to adjacent real estate and to meet the
requirements of the City.
The City and Shelborne Park agree that the Reimbursement
Amount to be paid to Shelborne Park hereunder shall be
paid directly by City to Shelborne Park. The parties
agree that the Reimbursement Amount shall be paid solely
from the "City's Water Availability-Mains Fund" as
established by acreage availability charges assessed by
the Ordinance.
The parties agree that the City's sole obligation
hereunder shall be to repay the Reimbursement Amount or
such portion of same as may be available
for payment from
those monies that are deposited in the "Water
Availability-Mains Fund", in accordance with the payment
provisions set forth in the Ordinance, and that the City
does not incur any liability whatsoever for the repayment
of the Reimbursement Agreement other than from such funds
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,
partial payment of the Reimbursement Agreement from the
'Water Availability-Mains Fund" to Shelborne Park (as
requested herein by Shelborne Park) shall be made on a
3
10.
quarterly basis. Such payments to shall be prior to any
payments from the "Water Availability-Mains 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
advanced funds referenced
reimbursed.
This Agreement is for the benefit of
Shelborne Park that the
herein will be fully
only, and creates no third-party rights for
Park or any other person or entity whatsoever.
the parties hereto
Shelborne
Shelborne
Park may, upon written request to City, addressed to
Carmel Water Utilities Director, Job_n Duffy, with a copy
to Carmel City Attorney, Douglas Haney, direct that only
or all of the Reimbursement Agreement be paid to a
significant entity other than Shelborne Park, and, upon
receipt of such notice, the City will take reasonable
efforts to comply with such payment directions.
Shelborne Park agrees to comply with all federal, state
and local laws, executive orders, rules, regulations, and
codes which are applicable to Shelborne Park's
performance of its obligations under this Agreement, and
all relevant provisions thereof are incorporated herein
by this reference. Shelborne Park agrees to indemnify
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11.
12.
and hold harmless City from any and all losses, damages,
costs, attorney fees and/or liabilities resulting from
any violation by Shelborne Park and/or its employees or
agents of any such law, order, rule, regulation or code.
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.
Shelborne Park 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 Shelborne
Park and/or any of its employees or agents, of its and/or
outside contractors, in the construction and operation
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13.
14.
of the Development and/or,
performance of this Agreement.
obligation shall survive the
Agreement.
Shelborne Park represents
the Water Extension, in the
This indemnification
termination of this
and warrants that it and each
of its employees, agents, contractors and
shall comDly with all laws
State of Indiana and City
against any employee, applicant
subcontractors
of the United States, the
prohibiting discrimination
for employment and/or
other person in the subcontracting of work and/or in the
performance of any work on the Development and/or the
Water Extension, as are contemplated by this Agreement,
with respect
privileges of
to hire, tenure, terms, conditions or
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
IC5-16-6-1 for any person so discriminated against. This
indemnification obligation shall survive the termination
of this Agreement.
Shelborne Park shall not cause or permit the filing of
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15.
16.
17.
any lien on any of City's property.
lien is filed and
within thirty (30)
payment or bonding,
such lien or obtain such bond,
sole cost and expense.
In the event such a
Shelborne Park fails to remove it
days of its filing date thereof, by
the City shall have the right to pay
all at Shelborne Park's
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 shall
be stricken, and all other provisions of this Agreement
which can operate independently of same shall continue in
full force and effect.
The City and Shelborne Park, and their respective
officers, officials, agents, partners, successors and
assigns, are bound to the other and to the others'
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
representatlo pertaining to such subject matter, written
or oral, shall be effective for any purpose. No
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provision of this Agreement may be amended, added to or
subtracted from except by a written agreement signed by
both parties hereto and/or their respective successors in
interest.
18. 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.
SHELBORNE PARK, LLC
CITY OF CARMEL, INDIANA,
by and through its Board
Public Works and Safety
of
BY:
Prin%ed Name
Title
BY:
r ~_~es Br~nard
Dante:
ATTEST: ~ -- ~ '1 ~.~ --
Diana Cordray, IAMC, Clerk-
Treasurer
Date: /O '3-O'~