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HomeMy WebLinkAboutVision Land Developer - Annex 4 AGREEMENT This Agreement is entered into on the ~r4 day of November, 2005,~ by and between the Jeffersonville Municipal Sewage Utility by and through the Jeffersonville Sewer Board ("City"), and Vision Land Development, LLC, a l~ited Liability company ("Developer"). RECITALS: Whereas, the City will construct a new sanitary sewer interceptor, sanitary collectors, pump station, and force main, known as the _Annex Area 4 Sewers in Jeffersonvllle, Indiana to serve the area of the city adjacent to Veterans Parkway, in particular the development called the Jeffersonvi]le Tom Center (JTC) being developed by the Developer, and Whereas, the Developer agrees that the Annex Area 4 Sexvers are of great benefit to the Developer in that sewage utilities will be made available to the property at a substantial cost savings to the Developer; and Whereas, the Developer agrees that if the City constructs the pump station, force main, and main gravity interceptor, it is the responsibility of the Developer to extend the collector sewers that will provide sewer service to the different buildings proposed for the JTC, and as such, will refund the City the installation costs of said sewer collectors if the City previously constructs them. Now, therefore, in consideration of the mutual promises contained herein, the City agrees that the Developer is hereby authorized to connect the JTC to the Annex Area 4 Sewers and the Developer agrees to reimburse the cost of the collector lines, plus applicable tap-in fees, which amount will be determined by the City's Sewage Office in accordance with the Sewer Use Ordinance, subject to the following stipulations: Developer's Duties The Developer shall reimburse the City the cost of installing collector sewer lines in the JTC. The collector lines are denoted Lines 'F', 'G', 'H' and 'J', as shown in attached Exhibit 'A'. The total estimated construct/on cost of these collector lines, based on bids received by the City of August 8, 2005, is as follows: Line ~F' = $112,020 Line 'G' = $33,540 Line 'H' = $66,990 Line 'J' = $25,600 TOTAL = $238,150 C4 Exhibit 'B' attached shows the interceptor sewer line (Al), the collector sexver lines (F, G, H, J), the JTC building numbers within their sewer line connection, a.,nd the prorated reimbursement per building for each collector sewer. II. The Developer shall make lump sum payments to the City for each building at the time of purchasing the tap-in permit as shown on Exhibit '13'. The total amount of collector sewer line reimbursement shall be $238,150, regardless of the number of buildings that are construction at the JTC. qVl~v~ a~,~a~' wT t~t-l°d~z City's Duties The City must bear all construction costs of the Annex Area 4 Sewers except to the extent the Developer is required to III. The City will own the Annex Area 4 Sewers (including all sewage collection lines, interceptor, pump station and force main), and will opexate, maintain and replace the sewer lines when necessary, Miscellaneous A. The laws of the State of Indiana shall govern this Agreement. This Agreement and all of the terms and provisions hereof shall sm'vive the completion of construction of the Annex Area 4 Sewers and the Developer's construction of the Jeffersonville Town Center. The provisions of the Recitals of this Agreement are substantive and shall be included in any interpretation of the Agreement. The parties hereto represent that: 1) Developer owns the property; 2) the parties are authorized to enter into this Agreement; 3) the execution of this Agreement is not prohibited by the organizational documents or Indiana statutes governing any party to this Agreement; 4) this Agreement is a valid and binding contract between the parties hereto, enforceable according to its terms; and 4) the execution of this Agreement does not conflict with or violate the tezms of any Agreement to which any party hereto is subject. To the extent allowed by law, the City hereby indemnifies and holds the Developer harmless from and against ail suits, claims, demands, and other costs and expenses, including reasonable attorney fees resulting from any allegations by any persons or entities challenging the enforceability of this Agreement or the City's ability to enter into same. Nothing herein contained shall be deemed or construed as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto. If any party to this Agreement defaults, the other parties shall be entitled to recover all attorneys' fees, costs and expenses reasonably incurred to enforce this Agreement. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses: City: The City of Jeffersonxdlle 4th Hoot, City-County Building Jeffersonville, Indiana 47130 Attn: Lesl/e D. Merkley l)eveloper: Vision Land Development, LLC 455 Delta Avenue, Suite 108 Cincinnati, Ohio 45226 Atto: Kent Arnold Alt notices and other communications will be deemed received three (3) days after the date of mailing. A party's address for service of notices may be changed from time to time by giving written notice of the party's new address to the other parties. H. This Agreement shall be valid and binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. DEVELOPER VISION L&Nl) DEVELOPMENT, LLC By: ~' ~""~ ~ CITY SANI~ ~ARY SE' Rs~lrlLLE Zaiz, Jr., President EXHIBIT 'B' JEFFERSONVILLE TOWN CENTER COLLECTOR SEWER REIMBURSEMENT FEES 11/03/'2005 L COLLECTOR I BUILDING LINE N # PAYMENT E 13 $0 3 $0 At 5 $0 8 $0 0-2 $18,670 0-4 $18,670 0-3 $18,670 F 0-5 $18,670 10 $18,670 11 $18,670 12 $16,770 G I $16,770 2 $22,330 H 4 $22,330 9 $22,330 6 $12,800 J 7 $12,800 TOTAL $238,150 ....