Clay Regional Waste/1st Amendment to Wastewater Service Agreement J 1
FIRST AMENDMENT TO
WASTEWATER SERVICE AGREEMENT �y
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The City of Carmel, [ndiana ("City by and through its Board of Public Works and Safety, and
the Ctay Township Regional Waste District (the "District by and through its Board of Trustees, enter
into this First Amendment To Wastewater Service Agreement (the "Amendment which is premised on
the following recitals:
WHEREAS, on or about October 18, 2010, Carmel and the District entered into a Wastewater
Service Agreement (the "Agreement concerning Carmel's treatment of wastewater, liquid waste, and
sewage from the District; and
WHEREAS, in accordance with the Agreement, the District owns and operates a wastewater
collection system (the "District's Collection System serving throughout the District's territorial
boundaries and transports a portion of the wastewater collected to Carmel for treatment; and
WHEREAS, Carmel owns and operates a wastewater collection and treatment system (the
"Carmel System serving areas in and around the corporate limits of Carmel; and
WHEREAS, for purposes of the treatment service provided by Carmel to the District pursuant to
the Agreement, the District's Collection System is connected to the Carmel System; and
WHEREAS, subsequent to the parties entering into the Agreement, Carmel commenced and
completed construction that rerouted a force main, carrying in part the District's flow of wastewater,
liquid waste, and sewage, beyond Carmel's meter (used to measure the District's flow) to Carmel's new
headwork's building; and
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WHEREAS, pursuant to Paragraph 7 of the Agreement, the District agreed to operate and
maintain a sewage collection system, including sewers and regulating stations and other structures, as may
be required to deliver the flow of wastewater, liquid wastes, and sewage from the District of Carmel; and
WHEREAS, pursuant to Paragraph 4 of the Agreement, Carmel agreed to maintain at its own
expense at the Carmel Treatment Plant, the necessary metering and sampling equipment and all
appurtenant devices necessary for properly measuring and sampling the quantity and quality of
wastewater delivered to the Carmel System by the District; and
WHEREAS, a dispute between Carmel and the District has arisen concerning what the District's
proportionate share, if any, of the cost of the force main installation from Carmel's meter to Carmel's new
headwork's building should be; and
WHEREAS, Carmel and the District have reached an agreement that resolves the aforementioned
dispute and necessitates an amendment to the Agreement.
NOW THEREFORE, the parties agree as follows:
I. This Amendment does not alter or affect the parties' Agreement except as specifically
stated herein. All provisions of the Agreement not otherwise affected by this Amendment remain in full
force and effect.
2. The parties agree that henceforward, the "Connection Point," or the point at which the
District's wastewater, liquid wastes, and sewage from the District reaches Carmel, shall be defined as the
location of Carmel's metering device described in Paragraph 4 of the Agreement and the physical location
that the meter currently resides as of the execution of this Amendment.
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3. The District agrees that it shall pay One Hundred Eight Thousand Five Hundred Thirty
Five Dollars (S [08,535.00) as the District's total and complete share of the force main installation from
the District's meter to Carmel's new headwork's building.
4. Carmel agrees that any remaining expense that is currently due and payable for the
force main installation to Carmel's new headwork's building shall be the sole responsibility of Carmel.
5. Subject to the construction payment provisions set forth in Paragraphs 12 and 15 of the
Agreement,) the District and Carmel agree that any future construction work that is performed or
contracted by Carmel beyond the Connection Point shall be the sole responsibility of Carmel.
6. Subject to the provisions set forth in Paragraphs 12 and 15 of the Agreement, the
District and Cannel agree that other future construction work performed or contracted by Carmel with
Carmel's expectation of reimbursement from the District must be approved in writing by the District's
Board of Trustees prior to the commencement of any construction.
7. This Amendment may be executed in several counterparts, each of which shall be an
original.
IN WITNESS W I ERIEOF, the District has caused this Amendment to be signed in its name by
its Board of Trustees and attested by the Secretary thereof; and Carmel has caused this Amendment to the
Wastewater Service Agreement to be signed in its name by its Board of Public Works and Safety's and
attested by the Clerk Treasurer of the City of Carmel.
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CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAF TY
Ja es' rainard, Presiding Officer
Date:
Mary Burke, Member
Date: LN/ 47
/nor
Lori W. en, Member
Date:
ATTEST:
111 0100
D iana L. Cordray C Clerk- Treasurer
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AGREED to this la day of k 2012.
CLAY TOWNSHIP REGIONAL WASTE DISTRICT
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Date: l'�� 1 Date: /J
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Printed Name and Tit e Printed Name and Title
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Printe4 Name and Title
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ATTEST:
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1 1,i 1; A7y N,rpo eto r Seeretary
Date: 3 Vd abl
Prepared jointly by Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 and I
counsel for the Clay Township Regional Waste District.
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