HomeMy Public PortalAbout009-2024 - Edward Weatherly - garage demo for 2230 Glen Court AGREEMENT
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THIS AGREEMENT is entered into this tov day of , 2023, by and between the City of
Richmond, Indiana (hereinafter, "City") by and through its Controller, and by Edward P. Weatherly (hereinafter,
"Owner"),the owner of certain real property located within the jurisdictional boundaries of the City of Richmond, Wayne
County, Indiana.
WITNESS ETH
WHEREAS, the parties hereto acknowledge and agree that they desire to enter into this Agreement in their
capacities as Controller of the City and Owner of the subject real property described herein;
WHEREAS, Owner's real property, which is the subject of this Agreement, is located at 2230 Glen Court, in
Richmond, Indiana,(Wayne County),which property(hereinafter"property"or"premises")and was recently the subject
of an emergency abatement action performed upon an unsafe collapsing garage structure located upon the Owner's
subject premises.
WHEREAS, the Parties acknowledge and agree that on or about October 18, 2023, the City of Richmond,
Indiana,by and through its Law Department,provided written notification of an emergency situation previously identified
by the City's Department of Code Enforcement with regards to a collapsing garage structure located at Owner's premises,
as contemplated by IC 36-7-9-1 et seq. and IC 36-7-9-9.
WHEREAS,the Parties acknowledge and agree that the Parties were not caused to appear in the Wayne County
Circuit Court nor Wayne County Superior Courts for any attempt to seek an injunction in connection with the subject
property herein prior to or during the emergency abatement actions.
WFIEREAS, the Parties acknowledge the Owner's presence at the administrative review hearing held by the
City's Unsafe Building Commission as the statutory Hearing Authority, which administrative review hearing was held
on Tuesday,November 21, 2023.
WHEREAS, the Parties have heretofore agreed that Owner shall reimburse the City the sums referenced herein
and below, over the ter in specified herein.
WHEREAS,the Parties wish to enter into a mutually agreeable plan to satisfy such terms described above.
IT IS THEREFORE AGREED AS FOLLOWS:
1. Due to the above-described emergency actions taken for the emergency demolition of the garage
structure located at the premises, Owner shall reimburse City the total sum of Two Thousand Two Hundred Dollars and
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Contract No. 9-2024
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Zero Cents ($2,200.00), with said sum ("total abatement sum") to be paid in equal installments over a period of twenty-
two (22) months, beginning January 1, 2024, and ending October 1, 2026. Said monthly installments are calculated to
be $100.00 due each month and payable by Owner to the City to achieve the total abatement sum described above.
2. The above-described installments to be paid by Owner as described herein shall be accepted by the City.
City shall not charge any interest. Owner may repay the above-stated total abatement sum early without penalty;
however, pursuant to this Agreement.
3. The Parties agree that reimbursement to the City is required and/or permitted pursuant to I.C, § 36-7-9-
1 et seq. for reimbursement of the actual costs incurred by the City to abate the emergency conditions previously present
upon the subject premises dcribed herein.
4, The Parties agree that upon full and complete reimbursement by Owner as described in this Agreement,
City will waive the additional administrative costs allowed by I.C. § 36-7-9-1 et seq. and calculated as described in the
Resolution of the Board of Public Works and Safety 1-2023, passed on January 26, 2023, amounting to the additional
amount of$1,740.00, which would typically be added due to the emergency demolition of the garage. However, the
parties agree that in the event Owner does not make full and complete reimbursement as described herein, City will
proceed with the collection and/or lien processes described in LC. § 36-7-9-1 et seq. for the remaining total abatement
sum which is in arrears and the administrative costs described herein.
IN WITNESS WHEREOF,the parties execute this agreement as of the day and year first above written,although
signatures may be affixed on different dates.
CITY OF RICHMOND, INDIANA OWNER
By its Controller
: I Z.-
a e: -
Emily P mer Date
, Controller Edward P. Weatherly, Owner o
2230 Glen Court, Richmond, IN
APPROVED BY:
Date: I-27'1 Ut
-S4UPAI, Mayor
Ronald Oler, Ph.D. , Mayor
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