HomeMy Public PortalAbout117-2009 - Sanitary - Contribution Agreement - Penny Ann RalstonCONTRIBUTION AGREEMENT
THIS AGREEMENT is entered into this 13th day of
October , 2009, 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 Penny Ann
Ralston, Trustee, a resident of Florida (hereinafter
referred to as "Property Owner").
WHEREAS, Property Owner currently owns property in an
area of Richmond, Indiana not presently serviced by the
facilities of RSD, which property is commonly referred to
as 412 Hillcrest Avenue, Richmond, Indiana; 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 Hillcrest Avenue, which line will be
available for a connection to the above property of
Property Owner located along such facilities; and
WHEREAS, RSD is willing to 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
Contract No. 117-2009
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to tap -in the home or business of Property Owner to such
facilities; and
WHEREAS, Property Owner is willing to compensate
RSD in consideration for having the sewer facilities of RSD
available for tap -in with her 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 which sewer
facilities will be 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 Seven Hundred Seventy
Dollars ($770.00) as a contribution for the payment of the
above major line. Payment shall be made in equal quarterly
installments over a period of one (1) year, with four
percent (40) interest per year on the unpaid balance, with
the first payment being due within thirty (30) 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.
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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 after
the new sewer facilities are complete, Property Owner shall
tap -in their above described property into such facilities.
Property Owner 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 conjunction with such work, but Property
Owners 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.
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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. 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
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
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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.
NNRSD"
CITY OF RICHMOND, INDIANA
through its Department of
Sanitation and/or the Board
of Commissioners for the
Richmond Sanitary District
By: S/S Richard Bodiker
Richard W. Bodiker
"PROPERTY OWNER"
S/S Penny Ann Ralston
Penny Ann Ralston,
Trustee
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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
W. Bodiker, as representative for the 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 13th day of
2009.
My Commission Expires:
June 10, 2010
October ,
S/S Valerie Denise Johnson
Valerie Denise Johnson
Notary Public
Residing in Wayne County,
Indiana.
Ce
STATE OF FLORIDA,
SS.
COUNTY OF ,
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared within named Penny
Ann Ralston, Trustee, who acknowledged the execution of the
foregoing agreement to be her voluntary act and deed.
Witness, my hand and seal this day of
2009.
Notary Public
Residing in
County, Florida.
My Commission Expires:
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(�PctPr
This instrument prepared by City of Richmond Law Department.
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