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Sewer Reimburse/Hughes, Inc. SEWER RE~NBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA AND HUGHEY, INC. This Agreement entered between the City of Carmel, Indiana (hereinafter "Carmel") and Hughey, Inc., an Indiana Corporation (hereinafter "Hughey") witness: WHEREAS, Carmel has duly adopted and enacted Ordinance S-41 (January 4, 1982) that provides in part for the reimbursement from the "interceptor fund"~by Carmel of private funds expended to extend the trunk sewerage system and such ordinance further provides the method offr~imburseme~t~(S~cti6n 7%02~ and, WHEREAS, Hughey desires to extend a portion of the trunk sewerage system as follows: See attached plan Exhibit "A" WHEREAS, Hughey desires to receive refundihg of reimbursable monies expended pursuant to ordinance S-41 (January 4,-1982). Now therefore, the parties agree as follows: 1. This written agreement entered prior to the commencement of construction is entered by the parties pursuant to Ordinance S-41, Section 7.02 (January 4, 1982). 2. Hughey shall advance the sum of $8,921.88]to or on behalf of Carmel to pay for the construction of the extension of the trunk sewer, the complete description of the project is as follows: 312.5 ft. of 8" sewer from manhole #1 in Woodacre West to manhole #31 i~ the North Zone interceptor sewer now under construction. 3. Carmel determines such expenditure to be necessary to pro- vide sewerage to adjacent real estate and to meet the requirements of Carmel. 4. Carmel and Hughey agree that Hughey shall be entitled to' reimbursement of the sum of $8,921.88 from the "interceptor fund" established by acreage availability charges assessed by the Ordinance (the present amount of $700.00 per acre). ~. Carmel's obligation shall be to repay funds from those deposited in the "interceptor fund" only and Carmel does' not incur any liability for repayment other than to pay from funds deposited in the "interceptor fund". 6. Payment from the "interceptor fund" to Hughey shall be in the amount agreed by the parties to this Agreement and shall occur quarterly. Payments to Hughey shall be prior to any pay- ments from the "interceptor fund" made to any other persons entering similar agreements subsequent to the date of this Agree- ment (referenced in the Ordinance as payment on the basis of first in, first ou~). IN WITNESS WHEREOF the parties have executed this Agreement on the date first above written. City AS~t L] Uu~hdy~ ~" ~" d Vice President, Hughey, Inc. "'~ ~ii Boar of Carmel, Indiana A. Reiman, Mayor ~lker, member >f Public Works B~oard o~ Public ~ork~/