HomeMy Public PortalAbout136-2007 - CONTRIBUTION AGREEMENT - SaylorCONTRIBUTION AGREEMENT
THIS AGREEMENT is entered into this _5th day of _July , 2007,
by and between the City of Richmond, Indiana, through its Department of Sanitation for
the Richmond Sanitary District (hereinafter referred to as RSD) and Della Mae Saylor,
resident of Wayne County, Indiana (hereinafter referred to as "Property Owner"). Della
Mae Saylor states that she and her husband, Oliver Saylor, acquired title to the real estate
located at 1535 Liberty Avenue, Richmond, Indiana as husband and wife, and that Oliver
Saylor passed away on May 27, 1992, at which time Della Mae Saylor became the
surviving tenant by the entirety by right of survivorship.
WHEREAS, Property Owner currently owns property in an area of Richmond,
Indiana serviced by the facilities of RSD, which property is commonly referred to as
1535 Liberty Avenue, Richmond, Indiana and which property is more particularly
described on Exhibit A attached hereto; and
WHEREAS, a majority of property owners within the above area have 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
WHEREAS, RSD will construct 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 has divided the final construction costs of Fifty Six Thousand
Dollars ($56,000.00), by the number of properties that were tapped into the new sewer
facilities, resulting in a sum not to exceed Eight Thousand Dollars ($8,000.00) per
property owner, 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 their
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 hereby agrees to
construct new sewer facilities, and make available for a connection to Property Owner's
property at 1535 Liberty Avenue, Richmond, Indiana.
2. CONTRIBUTION BY PROPERTY OWNER — Property Owner agrees to pay
to RSD one -seventh of the total construction cost for the new sewer facilities, or a sum
not to exceed Eight Thousand Dollars ($8,000.00), 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 payment being due within thirty (30) days after completion of the
construction of the new sewer facilities described above, 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. 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 (5%) of the quarterly installment if the quarterly
payment is not made within ten (10) days after its due date.
4. TAP -IN OF PROPERTY —Property Owner shall be responsible for contacting
any contractor to perform the work to tap -in to the new sewer line, 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 completion of the tap -in, Property Owner shall be
responsible for the monthly RSD bill thereafter.
5. 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. UTILITY 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 utility lien upon the Property Owner's 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.
CITY OF RICHMOND, INDIANA
through its Department of
Sanitation for the Richmond Sanitary District
By: —S/S Robert Tyler
Robert Tyler, Director,
Richmond Sanitation District
PROPERTY OWNER
S/S Della Mae Saylor
Della Mae Saylor
STATE OF INDIANA, WAYNE COUNTY, SS:
Before me, the undersigned, a Notary Public in and for said County and State,
personally appeared within named Robert Tyler, Director, as representative for the
Department of Sanitation for the Richmond Sanitary District who acknowledged the
execution of the foregoing Contribution Agreement to be his voluntary act and deed.
Witness, my hand and seal this _5th day of _July , 2007.
S/S Valerie Denise Johnson
_Valerie Denise Johnson_ Notary Public
Residing in Wayne County, Indiana.
My Commission Expires:
June 10, 2007
STATE OF INDIANA, WAYNE COUNTY, SS:
Before me, the undersigned, a Notary Public in and for said County and State,
personally appeared within named Della Mae Saylor, who acknowledged the execution of
the foregoing Contribution Agreement to be her voluntary act and deed.
Witness, my hand and seal this _5th
My Commission Expires:
June 10. 2010
day of _July , 2007.
S/S Valerie Denise Johnson
S/S Valerie Denise Johnson Notary Public
Residing in Wayne County, Indiana.
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. Chidester
This instrument was prepared by the City of Richmond, Department of Law.