Carmel/Justus Investment Co/Carmel Multi Sch/Lumber Mart/Gradle Brot.AGREEMENT FOR CONSTRUCTION OF SEWER
' LUMBER MART, INC. ("Lumber Mart"),
· "Town"), and GRADLE BROTHERS, INC.
enter into the following Agreement concerning the
The undersigned, JUSTUS INVESTMENT COMPANY ("Justus"),
~the CARMEL MULTI SCHOOL BUILDING CORPORATION (the "School"),
THE TOWN OF CARMEL (the
(the "Contractor"), hereby
of a
sewer:
1.
construction
Subject Matter of Transaction. Justus and Lumber
Mart need a
in the vicinitY of
made plans for the
sewer.to serve their respective properties located
126~h Street and Gray Road, and Justus has
construction of such sewer. The~School is
in need of having such sewer
the fall of
immediately
completed and ready for use by
1974.' The School desires to construct such sewer
and will be reimbursed for the cost of such construc-
tion by Justus in accordance with this Agreement.
is to be constructed in accordance With the plans
Such.sewer
and specifica-
tions PrePared by weihe Engineers,
which are incorporated herein by reference
be referred to as the "Plans".
2.
.Brothers,
Inc., dated June 2, 1972,
and shall hereinafter
Contractor. The Contractor for the job is Gradte
Inc. and the Contractor shall construct such sewer'
on Justus property in accordance with the Plans for the sum
of Twenty-eight Thousand Five Hundred Dollars ($28,500.00), to
be paid by School and reimbursed by Justus, and the Contractor
shall construct such sewer on Lumber Mart property in accordance
· with the plans, and the cost thereof to be initially advanced byI
"the School and thereafter to be apportioned between the School
and Lumber Mart as
a.
b.
follows:
By School
By Lumber Mart
3. Carmel's Approval.
~the construction of the sewer
Plans as approved by the Town and shall at all times
to the approval and acceptance.of the Town of Carmel.
$ 953.00
$8,247.00
Ail work done in connection with
shall be in accordance with the
be subject
The Town,
by execution of this Agreement, acknowledges that the School
is providing for the construction of the sewer. This sewer
upon completion and. acceptance by the Town shall become part
of the Town's sewer system for all purposes, including~ but not
limited to, maintenance and repairs. ~ .
4. Payment. All work done for construction of this sewer
by the Contractor or any other person shall be paid initially
by the School, and upon final completion of the sewer, but before
its acceptance by the Town, the Town shall be furnished suitable'
bonds filed by the School made payable %o Carmel with good and
sufficient surety or'proper security thereon a~ceptable to Carmel
in an, amount equal to ten percent (10%) of the total contract
price for the respective portions of the sewer improvement.
~Said bonds shall guarantee the construction against defects on
account of workmanship, faulty material and construction for a
On or before Lhe 1st day of May,
sewer into the sewage system of
period of three (3) years from the date of final acceptance,
on approval by the Town.
5. Payment by Justus and by Lumber Mart to the School.
1975, or upon acceptance of the
the Town of Carmel, whichever
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i~ccurs later, Justus shall pay to the School the sum of Twenty-
eight Thousand Five Hundred Dollars ($28,500.00), being equal
to the'cost of that portion of the sewer, and Lumber Mart will
pay to the School the sum of Eight Thousand Two Hundred Forty-
seven Dollars ($8,247.00), being equal to the portion of the
cost for that part of the sewer payable by Lumber Mart.
6.~'Right of Justus and Lumber Mart to Use Sewer. It is
acknowledged by the parties, and specifically by the Town,
that J~stus has paid to Carmel the sum of Ten Thousand.Eight
Hundred Forty-four Dollars ($10,844.00), plus an inspection fee.
of Three Hundred Dollars ($500.00), and that Justus, its
successors or assigns, shall be allowed to utilize the sewer for
the development of the Brookshire Condominiums, and further that
all of the area described in Exhibit "A", attached hereto and
m~de a part hereof, which is owned or controlled by Justus ar
Lumber Mart will be allowed to utilize this sewer and the Carmel
sewer syst~ at any time in the future upon payment to the Town
of any other appropriate and necessary charges. Upon payment
to the Town of Carmel of appropriate charges, Lumber Mart shall
also be privileged to use
7. Scope of Work.
with
said sewer.
The Work shall be done in accordance
the detailed plans and specificationS prepared by Weihe
Engineering, Inc. Justus
School and Contractor the
construction of the sewer.
make available such easements as
in effect.'
and Lumber Mart hereby grant the
right to enter upon their property for
Justus and Lumber Mart agree to
are necessary to put the sewer
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~ 8. Time the Work is to be Done. The contract for the
construction of the sewer shall be let immediately and the work
commenced as soon as is reasonably possible.
9. ~ndemnity. The Contractor hereby agrees to defend
and save harmless against any and all claims, demands, actions,
and cause of action, loss or expense of any nature or kind what2
soever at any time asserted against the School, Justus, Lumber
Mart or the Town for any damage to real or personal property
or injuries received or death sustained by any person or persons
arising out of or in any way connected with the location, install-
ation and construction of said sewer prior to its acceptance
by carmel.
10. Miscellaneous. This Agreement shall be binding upon
the parties, their personal representatives, successors and
assigns. Each party agrees to execute such other documents and
take such other steps as are necessary to implemenh this Agreement.
EXECUTED this 3 ~day of {~ · ., 1974.
· SCHOOL
THE TOWN OF CARMEL · CA~4EL MULTI BUILDING
the "Town" the "School"
~/ the "Contractor "Lumber Mart"
-4-
. .P. ar, t of orthe Q{lai-ter of Section 32, nsh 18 North, Range
East in Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the East'line of the Northeast Quarter of
Section 32, Township 18 North, Range 4 East which is 600.00 feet South 00°
00'00" (ass~ned bearing) of the Northeast corner of said Northeast Quarter;
thence North 89040'30'' West parallel with the North line of said Northeast
Quarter 600.00 feet; thence North 00°00'00" parallel with the East line of
said Northeast Quarter.600.00 feet to the North line thereof; thence North
~89040'30'' West on and along aforesaid North line 450.00 feet to the North-
east corner of Brookshire, First Section, as recorded in Plat Book 3, page
108 in the Office of the Re~order of Hamilton County, Indiana; thence ~
South 00o00'00" on and along the East line of said Brcokshire, First Sec-
tion and Bro6kshire, Section l-A, as recorded in Plat Book 3, page 144 in
the Office of the Recorder of Hgmi~ton County, Indiana; 1250.00 feet;
thence South 38000'00'' West on and along the Southeasterly lines of Brook-
shire, Section 1-A and Brookshire, First Section, 677.40 feet to the
Northernmost corner of Lo~ 184 in Bro0kshire, Second Section, as recorded.
in Plat Book 3, page ll6,'in the Office of the Recorder of Hamilton County,
Indiana; thence South 52~00'00'' East on and along a Northeasterly line of
Brookshire, Second Section and the extension thereof, 1290.64 feet; thence
South 89040'30''. East parallel with the North line of said Northeast
Quarter 450.00 feet to the East line thereof; thence North 00000'00`' on
and along aforesaid East line 1975.00' feet to the place of beginning, con-
taining 54.71 acres, more or less. ALSO the area labeled "pedestrian mall"
on the plat of Brookshire., Second Section, as recorded in Plat Book 3,
page 116 in the Office of the Recorder of Hamilton County, Indiana, which
pedestrian mall lays between said 54.71 acre tract and Brookshire Parkway.
EXCEPTING T}~REFROM THE FOLLOWING DESCRIBED REAL ESTATE:
Part of the Northeast Quarter. of Section 32, Township 18 North, Range
4 East in Hamilton County, ~ndiana, more particularly described as follows:
Beginning at a point on the North line of the Northeast Quarter of
Section 32, Township 18 North, Range 4 East which is 600.00 feet North 89°
40'30" West (assumed bearing) of-the I.~ortheast corne~ of said Northeast
Quarter; thence North 89~40'30" West on and along aforesaid North line
450.00 feet to the Northeast corner of Brooksh%re, First Section, as re-
corded in Plat Book 3, page 108, in the Office of the Recorder of Hamil-
'ton County, Indiana; thence South 00000'00''. on and along the East line of
said Brookshire, First Sectio~ and Brookshire, Section l-A, as recorded
in Plat Book 3, .page 144, in the Office of the Recorder of Hamilton
County, Indiana, 1250.00 feet; thence South 38000'00" West on and along
the Southeasterly line of Brookshire, Section l-A, 95.27 feet; thence
South 52°00'00" East 310.00 feet; thence North 38o00'00" East 152.26 feet;
thence North 90000'00'' East 299.94 feet; thence North 00°00'00'' 397.07
feet; thence North 90000'00'' West 129.33 feet; thence North 00000'0.0''
99~.33 feet to the place of beginning, containing 16.00 acres, more or
less.
EXHIBIT "A" ·
Part of the Northeast Quarter of Section 32, Township 18 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows:-
Beginning at the Northeast corner of the Northeast Quarter of Section 32, Township 18
North, Range 4 East; thence South on and along the East line of said Northeast Quarter
800 feet; thence West parallel with the North line of said Northeast Quarter 600 feet;
thence North parallel with the East line of said Northeast Quarter 600 feet; thence East
on and along the North line of said Northeast Quarter 600 feet to the place of beginning,
¢on~ainipg 8.3 acres, more or less.
Also;
Southeast Quarter Section 29, Township 18 North, Range 4 East in Hamilton County, Indiana
containing' 160 acres, more or less.
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