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Home My Public Portal About130-2012 - Contribution agreement with Chad E Ramey16 V 9 L «E,eTY A-VE CONTRIBUTION AGREEMENT THIS AGREEMENT is entered into this &2 3 day of D'+t) (at r- , 2012, by and between the City of Richmond, Indiana, through its Department of Sanitation and/or the Board of Commissioners for the Richmond Sanitary District (hereinafter referred to as RSD) and Chad E. Ramey, resident of Wayne County, Indiana (hereinafter referred to as "Property Owner"). WHEREAS, Property Owner currently owns property in an area of Richmond, Indiana recently serviced by the facilities of RSD, which property is commonly referred to as 1649 Liberty Avenue, Richmond, Indiana; and WHEREAS, a majority of property owners within the above area requested RSD to construct a new sewer line (hereinafter referred to as "new sewer facilities")to serve the area of Liberty Avenue, which line was made available for a connection to the above property of Property Owner located along such facilities; and Contract No. 130-2012 I r WHEREAS, RSD constructed the new sewer facilities, provided that Property Owner and other property owners share in the cost of installing the new sewer facilities, as well as being responsible for the cost to tap -in the home or business of Property Owner to such facilities; and WHEREAS, RSD divided the final construction costs of Fifty Thousand Four Hundred Thirty -Five Dollars and One Cent ($50,435.01), by the number of properties that were tapped into the new sewer facilities, resulting in a sum not to exceed Seven Thousand Two Hundred Five Dollars ($7,205.00), which sum shall be reimbursed by Property Owner pursuant to the terms contained herein; and WHEREAS, Property Owner is willing to contribute the above sum to RSD in consideration for having the sewer facilities of RSD available for tap -in with his property. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals, the parties agree as follows: 1. CONSTRUCTION OF NEW SEWER FACILITIES - RSD has agreed to construct new sewer facilities which sewer facilities became available for a connection to Property Owner's property at the above stated address. 2. CONTRIBUTION BY PROPERTY OWNER - Property Owner agrees to pay to RSD one -seventh of the construction cost for the new sewer facilities or a sum equal to Seven Thousand Two Hundred Five Dollars ($7,205.00) as a contribution for the payment of the above major line. Payment shall be made in equal quarterly installments of $399.27 over a period of five (5) years, with four percent (4%) interest per year on the unpaid balance, with the first payment being due within three hundred sixty (360) days after the tap -in of Property Owner's property to the sewer facilities, and all subsequent quarterly payments being due every ninety (90) days thereafter. RSD agrees to invoice Property Owner for each payment. Property Owner shall be allowed to make a pre -payment for the balance due at any time without penalty. 3 3. DEFAULT - In the event Property Owner fails to make any installment payment when due, and such payment remains delinquent for a period of at least thirty (30) 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 Owner's 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 Owner into default, Property Owner shall also pay a late fee equal to five percent (50) of the quarterly installment if the quarterly payment is not made within ten (10) days after its due date. 4. TAP -IN OF PROPERTY - Within ninety (90) days hereafter, Property Owner shall tap -in his above described property into such facilities. Property Owner shall be responsible for contacting any contractor to perform such 4 work, and shall also be responsible for the payment thereof. RSD shall not require any tap -in fee in conjunction with such work, but Property Owner must still secure a necessary permit and the tap -in must be inspected. Upon the tap -in, Property Owner shall be responsible for the monthly RSD bill thereafter. S. ASSIGNMENT - This Agreement shall survive any sale of Property Owner's property; provided, upon the prior written consent of RSD, this Agreement may be assigned and/or assumed by any buyer thereof. Notwithstanding any such assignment, Property Owner shall remain personally liable thereto 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 Owner. 6. LIEN UPON PROPERTY - To the extent Property Owner fails 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 Owner's 5 above described property for the unpaid balance of any monies due, plus any other costs allowed herein. The right to foreclose such lien shall be allowed at the time of and as part of Property Owner's default described within paragraph three. In addition, this lien and right to foreclosure shall survive any transfer of the subject property and remain binding upon any transferee. 7. 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 be 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. A CITY OF RICHMOND, INDIANA through its Department of Sanitation and/or the Board of Commissioners for the Richmond Sanitary District By: Richard Bodiker, President STATE OF INDIANA, SS. WAYNE COUNTY, PROPERTY OWNER Chad E. Ramey Before me, the undersigned, a Notary Public in and for said County and State, personally appeared within named Richard Bodiker, as representative for the Richmond Board of Sanitary Commissioners who acknowledged the execution of the foregoing agreement to be his voluntary act and deed. witness, my hand and seal this �J day of 0406tt- , 2012. al��-cbe ( ary Public Residing in Wayne County, Indiana. 7 myCommissionExpires: STATE OF INDIANA, SS. WAYNE COUNTY, Before me, the undersigned, a Notary Public in and for said County and State, personally appeared within named Chad E. Ramey, who acknowledged the execution of the foregoing agreement to be his voluntary act and deed. Witness, my hand and seal this v day of a4D�v , 2012. Qler�� [Sc� tary Public Residing in Wayne County, Indiana. My Commission Expires: �Lf [ ID,so1'�r I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Walter S. rhi riPptpr This instrument prepared by The City of Richmond Law Department. 8