HomeMy Public PortalAbout016-2012 - Sanitary - Contribution Agreement - James & Carolyn MillsCONTRIBUTION AGREEMENT
THIS AGREEMENT is entered into this da ,ofEe,,&aa'r
2012, by and between the City of P.ichmond, Indiana, through its Department of
Sanitation and/or the Board of Commissioners for the Richmond Sanitary District
(hereinafter referred to as "RSD") and James B. and Carolyn M. Mills, of 3905 Woodside
Drive, Richmond, Indiana (hereinafter referred to as "Property Owners").
WHEREAS, Property Owners are the owners of certain property located at the
above address, which property is more particularly described as follows:
PT -SE SEC 35--14--12A
And -which property is in an area of Richmond, ,Indiana recently serviced by the facilities
of RSD; and
WHEREAS, a majority of property owners within the above area requested RSD
to construct a new sewer line into Woodside Drive -and Sycamore Drive, which' line was
made available for a connection to the home of Property Owners located along such line;
and -
WHEREAS, RSD constructed the above main line, with associated lift station,
provided that Property Owners share in the cost of installing the major line, as well as
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being responsible for the cost to tap -in the home of Property Owners to such major line;
and
WHEREAS, RSD is willino, to divide the sum of Sixty Thousand Dollars
($60,000.00). representing an estimation of the construction costs, by the number of lots
which,can be tapped into the new major line (Le.: 10), or a sum not to exceed Six
Thousand Dollars ($6,000.00), which sum shall be reimbursed by Property Owners
pursuant to the terms contained herein; and
WHEREAS, Property Owners are willing to -contribute the above sum to RSD in -
consideration for having a major line of RSD available for tap -in with their home.
Contract No. 16 -2012
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2014005413 AGREEMENT $22.00
07/31/2014 10:55:47R 6 PGS
Debra 5 T:emann
Wayne County Recorder IN
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Now, THEREFORE, in consideration of the terms and conditions contained
herein, including the above -stated recitals, the parties agree as follows:'
1. CONSTRUCTION OF MAJOR LINE --- RSD has agreed to construct a new
major sewer line which line has become available for a connection to Property owners'
property at the above stated address.
2. CONTRIBUTION BY PROPERTY OWNERS -- Property owners agree to
pay to RSD the sum of Six Thousand Dollars . $6,000.00) as a contribution for the
payment of the above major line. Payment shall be made in equal quarterly installments
over a period of five (5) years, with four percent (4%) interest per year on the unpaid
balance, with the first payrrnent being due within thirty (30) days after the tap -in of
Property owners' property to the major line, and all subsequent quarterly .payments
being due every ninety (90) days thereafter. RSD agrees to invoice Property owners for
each payment. Property owners shall be allowed to make a pre --payment of the balance
due at any time without penalty.
In the event Property owners fail to make any installment payment when due,
and such payment remains delinquent for a period of at least twenty (20) days after
written notice by RSD, RSD--shall be allowed to accelerate the indebtedness and declare
the entire balance due and owing as a result of Property owners' default. If legal action
is required to collect the full amount owing, RSD shall also be entitled to collect its costs
of collection, including reasonable attorney fees, and such collection shall be without
relief from any value or appraisement laws. Notwithstanding whether RSD calls
Property owners into default, Property owners shall also pay a late fee equal to five
percent (5%) of the quarterly installment if the quarterly payment is not made within ten
(10) days, after its due date.
I TAP -IN of RESIDENCE -- Within ninety (90) days hereafter, Property
Owners shall tap -in their above described property into the new major line. Property
Owners shall be responsible for contacting any contractor to perform such work, and
shall also be responsible for the payment thereof. RSD shall not require any tap --in fee in
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conjunction with such work, but Property owners must still secure a necessary permit
and the`tap-in must be inspected. Upon tap -in, Property owners shall be responsible for
the monthly user -fee bg thereafter.
4.. ASSIGNMENT -- This Agreement shall survive any sale of Property
Owners' property; provided, upon the prior written consont of RSD, this Agreement
maybe assigned and/ or assumed. by any new buyer thereof. Notwithstanding any such . -
assignment, Property owners shall remain personally liable hereto in the event payment
is not made by the new owner. RSD shall have the right to assign this Agreement at any
time, upon prior written notification to Property owners.
5. LIEN UPON PP OPERTY = To the extent Property owners fail to make
payment as required herein, and notwithstanding any other rights granted by
this Agreement, RSD shall be entitled to a lien upon the Property Owners' above
described property for the unpaid balance of any monies due, plus any other
costs allowed herein. ' Such foreclosure shall be allowed at the time of and as part
of Property owners' default described within paragraph two. In addition, this
lien and right to foreclosure shall survive any transfer of the subject property and
remain binding upon any transferee.
6. MISCELLANEOUS -- The terms of this Agreement shall be subject to all
ordinances of the City of Richmond and the laws of the State of Indiana and' shall he
binding upon the parties, their heirs, personal representatives, successors and assigns. It
constitutes the entire agreement between the parties and any alterations, amendments or
modifications must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties execute this Agreement as of the date first written
above, although signatures may appear on a different date.
CITY OF RICHMOND, INDIANA
through its Department of
Sanitation and/or the Board
of Commissioners for the Richmond
Sanitary District PROPERTY OWNERS
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By:
Richard Modlei, President - Carolyn M. ills, s Power of
Attorney for James B. Mills under a
-General. Durable. Power of Attorney
dated November 13, 2009
Carolyn M. '
STATE OF INDIANA,
SS.
wAYNE COUNTY,
Before me, the undersigned, a Notary Public in and for said County and State,
personally appeared within named Richard Bodiker, as representative for the
Board of Sanitary Commissioners who acknowledbed the execution of the foregoing
agreement to be his voluntary act and deed.
Witness, my hand and seal this day of 2012.
Public
Residing in Wayne unty, Indiana.
M Commission Expires:
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STATE OF INDIA.NA, •
WAYNE COUNTY,
Before me, the undersigned, a Notary Public in and for said Countyand State,
ersoappeared within named _Carolyn M., Mills, as Power o Attorney for James B.
' sun un er a General Durable Power of Attorney dated November 13, 2009 , who
acknowledged the execution of the foregoing agreement to be his voluntary act and
deed.
Witness, my hand and seal this day of .2012.
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ry Public,
Residing in wa Coun ,Indiana
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`= : -B'efofe �ri 6, the undersigned, a Notary Public in and for said County and State,
ersonan a eared within named _Carol M. Mills_ , who ackmowledged the
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execution ordle foregoing agreement to be her vo untary act and deed.
Witness, m hand and seal this day of 2012.
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esiding in ayne unty, Indiana.
3 6ffihai5sion Expires:
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utd�,he penalties for p er�ury, that I have #aken reasonable care to
=='_I laq. Securi number in this document unless re aired b law:
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This instrument prepared by City of Richmond Law Department.
RECOhOED JUL 3 12014
DEBRA
� 2014005412 POA $17.00
07/31/2014 10:55:34A 4 PGS
Debra S Tiemann
STATE OF INDIANA � � Wayne County Recorder IN
SS: Recorded as Presented
COUNTY OF ��A� ) .I IIII I III IIIIIIIIII IIi IIIIIIIIIIIiII III IIIIiIIIIIII IIII
GENERAL DURABLE POWER OF ATTORNEY
JAME S B . MILLS. .�
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ARTICLE I
DESIGNATION OF AGENT
I, James- B. Mills, of Wayne County, Indiana, being an adult and mentally competent, do
hereby designate and appoint my wife, Carolyn M. Mills, of Wayne County, Indiana, as my•tnue
and lawful Attorney -in --Fact, hereinafter sometimes referred io as my. Agent, giving my Agent.
full authority_ and power to make financial, asset management, and personal decisions for me in
my name, place, and stead as authorized in this document.
If my Attorney -in -Fact as hereinabove designated and appointed should die, become
mentally or physically incapacitated, resign, refuse to act, become unavailable, or become legally'
separated or divorced from me (in the event my said Agent is my spouse), I then and do hereby
designate and appoint my son, Brian D. dills, as my successor Attorney -in -Fact.
ARTICLE II
REV O CATION OF PRIOR POWERS
I hereby revoke all powers. of attorney, general and/or 1i�ni ted, heretofore granted by me
as principal and terminate all agency relationships created under any such prior powers,
including those of all successor agents named or contemplated therein, if any.
ARTICLE III
GENERAL ASSET AND FINANCIAL POWERS
My Attorney--in-Fact is authorized, iri her sole and absolute discretion from time to time
and at any tinne, with respect to any and all of my property and interests in property, real,
personal, and mixed and matters affecting my financial and personal interests, by way of
- illustratio
n and not intending any limitation, to proceed- on m behalf as stipulated
- followingsect' �' �pulated under the
ions of the Indiana Code governing powers of Attorney, narnel :
I.C. 3 0-5-5-2 Conferringgeneral authority -
g ty with respect to real property transactions.
Lce 30-5-5--3' Conferring general autharitY with respect to tangible
ble personal property
transactions.
I•C. 30-5-5-4 Conferring general authority with respect to bond sh '
p are and commodity
transactions.
I.G. 30-5-5-5 Confemng general authority with resp"ect to banking ng transactions. ons.
I.C. 30-5-5-6 Conferring general authority with res eci to business '
transactions.
p ss operating
I.C. 3 0-5-5 -7 Conferring general authority with respect to insurance transactions.
I.C. 3 0-5--5-8 Conferring general authority with respect to beneficiary transactions.
I.C. 30-5-5--9 Conferring general authority with respect to gift transactions.
I.C. 3 0-5-5-10 Conferringgeneral authority with respect
g ty p t to fiduciary transactions.
I.C. 3 0--5-5-11 Conferring general authority with respect to claims and litigation.
I.C. 3 0-5-5-12 Conferring general authority with respect to family maintenance.
I.C. 30-5-5-•13 Conferring general authority with respect to benefits is from military tary
se_ vice.
I.C. 3 0--5 -5-14 Conferring general authoritywith respect p ect to records, reports, and
statements.
I.C. 30--5-5-15 Conferring general authority with respect to estate transactions.
I.C. 30-5-5-18 Conferring general authority with respect to -dele ati
ng authority.
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I.C. 3 0--5-5-19 Conferring general authority with res ect to all other matter
s.
rs.
I hereby incorporate by reference all the powers granted an Attorne ' --in-Fact under -
Indiana � ana Code Sections I.C. 30-5--5-2 through I.C. 30-5--5-15 and I.C. 30-5-5-2-18 and I.C. 30-5- .
5-2-19 and grant these powers to my wife, Carolyn A Mills, or her successor under this. I
document.
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ARTICLE IV
p'P nrTCTn_NJ1Q A PPT Try A TIT T:7 Tn B D -IrTOT T� TTT
With respect to Article 1H (general asset and financial powers), it is to be understood that
the authority I have conferred to my Attorney -in -Fact in no way is intended to limit or restrict
my own authority or decision making_ capabilities cowering such powers and -authority as long as
I remain- mentally. competent.
FURTHERMORE, THIS POWER OF ATTORNEY AND THE AUTHORITY I HAVE
CONFERRED AND SPECIFIED UNDER ARTICLE III ABOVE SHALL REMAIN IN FULL --
FORCE AND EFFECT UNTIL SUCH TIME AS I MAY HEREINAFTER REVOKE THE
SAME IN WRITING, .PROVIDED FURTHER THAT THE SAME SHALL NOT BE
AFFECTED BY MY SUBSEQUENT DISABILITY, INCOMPETENCE, OR LAPSE OF
TIME.
ARTICLE V
THIRD PARTY RELIANCE
No person who relies in good faith upon any representations by or authority of my
Attorney -in --Fact shall be liable to me, my estate, my heirs or assigns for recognizing such
representations or authority.
ARTICLE VI
NOMINATION OF GUARDIAN
In the event a judicial proceeding is brought to establish a guardianship over my person
or property, I hereby nornxnate my wife, Carolyn M. Mills, to be my guardian. In -the event that
Carolyn M. Mills dies, resigns, of is unable to serve, then I nominate my son, Brian D. Mills, as
nay alternate guardian.
ARTICLE VII
MISCELLANEOUS PROVISIONS
1. This dbrable power of attorney is intended to be valid and given fall faith and
credit in any jurisdiction. or state in which it is presented.
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My Attorney -in -Fact, including her heirs, legatees, successors, assi personal
�s�
representatives, and estate, acting in good faith hereunder, are hereby released and forever
discharged from any and all liabilitycivil criminal adminis
trative, or disciplinary)
and from all clams or demands of all kinds whatsoever by me or my heirs, legatees, -successors
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assigns, personal representatives, or estate arising out of the acts or omissions of my ttorne y =-in-
`act, except for willful misconduct or gross negligence.
3. My Attorney -in -Fact is authorized to make photocopies of this instrument as
frequently and in such quantity as she shall deem appropriate. Each photocopy shall have the
same force and effect as any original.
4. If any part or provision of this instrument shall be invalid or unenforceable, such
part or provision shall be ineffective to the extent of such invalidity or unenforceabilx
. tY ty only,
without affecting the remaining parts- or provisions of this instrument.,
5. - This instrument, and actions taken by my Attorney -in -Fact authorized
properly
hereunder, shall be binding upon me, my heirs, successors, assigns, legatees, guardians,• and
personal representatives.
IN WITNESS WHEREOF, I have hereunto executed this General Durable Power of
Attorney this . �,'� � day o ,i-2009.
V James B. Mills
STATE of Ili TDIANA, COUNTY OF WAYNE, S S :
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared James B. Mills who acknowledged the execution of the foregoing General Durable
Power of Attorney this,/�10 day of y%�eaiyyvlLeA,2009.
WITNESS my hand and Notarial Seal.
Notary Public
Residing in Wayne County, Indiana
My Commission Expires: }
V— � "I AFFIRM, UNDER THE PENALTIES FOR PERJURY,
. THAT I HAVE TAKEN REASONABLE CARE TO REDACT
EACH SOCIAL SECURITY NUMBER IN THIS
This document prepared by John M. Sayre, III, Attorney -at -Law. NCUMENT, UNLES REQUIRED BY LAW."
. NAM .
REC0DE
D 09100'_m"W"MJVI-,.3 12014 �� -BRA S-TIEMANN, R.WX
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RELEASE OF CONTRIBUTION AGREEMENT
THIS CERTIFIES that a certain Contribution Agreement executed`by "
with the City of Richmond, Indiana, through its
Department of Sanitation and/or Board of Directors for the Richmond Sanitary District, attaching to the
following property:
Address: 355 Gravel Pit Rd, Richmond, IN 47374
Legal Description: PT NW SEC 36-14--1 0.145A & 50 FT NS OF PT.W 1/2 SEC 36-14-1 0.207A
Parcel No.: 891636100122000030
In the amount of: $5195.74
Recording Date:
Instrument No.
in the records of the Recorder of Wayne C ty, State of Indiana, is hereby. released.
Denise Johnson
Richmond SanitaQ District
City of Richmond, Indiana
STATE OF INDIANA, COUNTY OF WAYNE, SS:
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared the within named William Harris, Director of the Richmond Sanitary District for the City of
Richmond, Indiana, and known to me to be Director, who, after having been first duly sworn upon his
oath, acknowledged the execution of the foregoing Release of Contribution Agreement to be his voluntary
act and deed for and on behalf of the City of Richmond.
m
his Sfda of , 2014.
Witness hand and Notarial Seat y
y
4Krly Saul
Residing in Wayne County, Indiana
lily Commission Expires:
I affirm, under the penalties for perjury, that, 1 have taken reasonable care to redact each Social Security
number in this document, unless required by law: William Harris
This instrument prepared by Waiter S. Chidester, Attorney No. 321 0-89, Attorney for the City of
Richmond, Indiana