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HomeMy WebLinkAbout233247 06/04/14 Q CITY OF CARMEL, INDIANA VENDOR: 368266 ONE CIVIC SQUARE HC CARMEL LLC CHECK AMOUNT: $****85,195.00* CARMEL, INDIANA 46032 CHECK DAME ER. 06 247CHECK DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 060214 85,195.00 OTHER EXPENSES t Prior Deed References Instrument No.2011049055 in A: Recorder's Office for Hamilton County,Indiana WATER LINE EASEMENT AGREEMENT This Water Line Easement Agreement (the "Agreement') is made and entered into this `U day of M , 2014,by and between HC Carmel, an Indiana limited liability company, formerly khown as Keshav Note, LLC, an Indiana limited liability company("Grantor") and the City of Carmel, Indiana("Grantee'). RECITALS: A. Grantor is the owners of certain real property located in Hamilton County, Indiana ("Grantor's Property") more particularly described in Exhibit 1 attached hereto and incorporated herein. B. Grantee, in connection with Grantee's improvement/construction of the Michigan Road Water Main Installation — 96th Street to Retail Parkway (the "Project") requires a permanent; exclusive easement over, through, under, upon and across that portion of Grantor's Property more particularly described and depicted on Exhibit A and Exhibit B attached hereto and incorporated herein, (the "Easement Property') to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over, and across the Easement Property. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, reparing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment (the "Improvements") on, over, through, under, upon and across the Easement Property. Grantee shall have the right to: (a) subject to Section 2, remove from the Easement Property any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of; or after Grantee's acquisition of such easement; and (b)make such alterations and improvements to. the Easement Property as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. The easement also includes the rights and privileges to temporarily use during the initial installation and from time to time with written notice prior to using, that includes who and the exact period of time such minimal additional space on the Grantor's Property, where available and necessary, for equipment and materials necessary for the installation, repair and maintenance of the Improvements located in, under, upon, over, and/or across the Easement Property, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, and for nearby property owners, their grantees, successors, agents, or employees, to connect the premises of such nearby property owners by service pipes to the Improvements installed by Grantee within the Easement Property, provided such nearby property owners, their grantees, successors, agents, or employees (i) restore the portion of the Grantor's Property disturbed by their work to a condition that is as near the condition that existed just prior to the time the portion was distrubed by them as is practicable; and (ii) do not unreasonably interrupt or interfere with Grantor's business operations. 2. Obligations of Grantee. To the extent practical and within acceptable construction practices, Grantee shall utilize directional boring for the initial installation of the water utility lines that are a part of the Improvements. Open cutting or ditches shall be utilized to install service lines,taps,hydrants,valves or similar items; as needed as part of the directional boring process; where two water lines intersect or connect; or if problems arise with the directional boring process. Grantee shall not be required to use directional boring for any future repair, maintencnace, replacement, reconstruction, relocation of the Improvements. Grantee shall maintain, repair, replace and service the Improvments. Notwithstanding anything in this Agreement to the contrary, Grantee shall restore the Easement Property and Grantor's Property, to the extent practicable, to the condition as. existed prior to the commencement of the Project, including driveways thereon. This obligation to restore the driveways shall apply to all future work, including repair, replacement or relocation of the Improvements. Grantee shall take all reasonable steps to avoid interruption of water service to the hotel on Grantor's Property; will notify Grantor of any necessary interruption at least five (5) days prior to such interruption and shall schedule such interruption between the hours of 12:00 a.m. and 4:00 a.m. 3. Continuous Access. Except for emergencies involving the public health safety or welfare, in the event that any construction work which is the subject of this Agreement requires a temporary blockage of access to Grantor's Property, Grantee, or its specified contractor, shall notify Grantor at least ten (10) days prior to commencement of the anticipated work. In addition, any such work shall be undertaken in a manner to minimize the limitation on ingress and egress to the balance of Grantor's Property. Except for emergencies involving the public health, safety, or welfare, one-half of the driveway located on the Easement Property and on Grantor's Property shall remain open at all times. 4. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement Property for any and all purposes and uses not inconsistent with the foregoing easement. Subject to Grantee's rights and obligations in Sections 1 and 2 with respect to the Easement Property, Grantor shall be entitled to maintain all improvements on the Grantor's Property in existence as of the date of this Agreement. With the exception of those Improvements in existence on the date of this Agreement, Grantor 2 shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property. Grantor shall not perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. Unless existing prior to this Agreement, the immediately preceding sentence prohibits (among the other prohibitions effected by it)the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. 5. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence or structure (other than those installed by Grantee). Grantor shall mow and care for the grass located within the Easement Property and shall maintain all other parts of the Easement Property in good condition. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 6. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees). 7. Environmental Matters. Grantor covenants and represents that to the best of its actual knowledge, neither the Grantor's Property nor the Easement Property is presently the subject of, nor is there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of this Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor's Property or the Easement Property not created by Grantee. 8. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from this indenture shall be filed with a court of competent jurisdiction within the State of Indiana. 9. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee associated with or related to the Grantor's Property or Easement Property. 10. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 3 11. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded, shall run with the Grantor's Property and the Easement Property. 12. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and all prior agreements, communications and negotiations between the parties, either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other persons shall be necessary for such termination,modification,or amendment. 13. Governing. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 14. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the respective parties as follows: If to Grantee: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Director of Utilities If to Grantor: HC Carmel,LLC 101 West Ohio Street Suite 720 Indianapolis,IN 46204 Attn: Michael Collier 4 With a Copy to: Alerding Castor Hewitt 47 South Pennsylvania South.700 Indianapolis,IN 46204 Attn: Michael Alerding Any such notice will be effective three days after the notice has been deposited in the United States mail,as provided above, or if earlier upon receipt. 15. Severability. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. 16. Authori The person(s) executing this instrument on behalf of Grantor hereby represents that he/she has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action therefore has been taken. Grantor further represents and warrants to Grantee that Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor guarantees the quiet possession of the Easement Property to the Grantee; that the Easement Property is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantee's title to the easement granted hereby against all claims thereon. Grantor shall indemnify, defend and hold Grantee harmless from and against any and all liability,loss, damage, cost, obligation and expense arising out of a breach of this Agreement or the untruth or inaccuracy of any of the representations or warranties contained herein. 17. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees. 5 SIGNATURE PAGE TO WATER LINE EASEMENT IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. HC Carmel,LLC an Indiana limited liability company formerly known as Keshav Note,LLC BY: Hotel Capital, LLC an Indiana limited liability company Manager t BY: Michael ollier Managing Member Date BY: Frank Kennedy Member 4�99 D to 6 GRANTEE: THE CITY OF CARMEL By and through its Board of Public Works and Safety By: James Brainard,Presiding Officer Date: By:�& Mar Ann Burke,Member Date: By: 7- 7,ed. /7 Lori Watson, Member Date: ATTEST. i L. or ray, IANC, Clerk-Treasurer Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Ann Burke, and Lori Watson, who having been duly sworn/affirmed, state(s)that they are members of the City of Carmel's Board of Public Works and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity. WITNESS my hand and notarial seal,this day of 14 E-!� l , 2014. My Commission Expires: i� (/Notary Public My County of Residence: .{ 44711/ SANDRA M.JOHNSON NOTARY PUBLIC—INDIANA ^v� y Comm.Expires Aug.31,2018 8 HEATHER N LONGARONER Notary Public-SeaV State of Indiana STATE OF INDIANA ) My Commission Expires Jun 23,2021 ) SS: COUNTY OF +GAm I I- b n ) Before me, a Notary Public in and for the State of Indiana, personally appeared Michael Collier,by me known to be the Managing Member of Hotel Capital, LLC, which is the Manager of HC Carmel, LLC, the Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement for and on behalf of said Grantor. Witness my hand and Notarial seal this day of } , 2014. My Commission Expires: r WJL �'U'X jwy' a'a-0;4 Notary Public My ounty of Residence: T ;" My N1 1 [Printed] STATE OF I ntk a n c, ) HEATHER N LONGARDNER Notary Public-Seat SS: State of Indiana COUNTY OF ( ) My Commission Expires Jun 23,2021 Before me, a Notary Public in and for the State of IY16tt6Lr10__ , personally appeared Frank Kennedy, by me known to be the Member of Grantor. who acknowledged the execution of the foregoing Water Line Easement Agreement for and on behalf of said Grantor. Witness my hand and Notarial seal this 4 day of , 2014. M Commission Expires: 3wit 2-3� dvn Notary Public My, ounty of Residence: ko YLC.V W ,(,YY Uft« , [Printed] This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One Civic Square, Carmel, IN 46032. 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. Douglas C. Haney 9 aero SOL s°P lit of.L4tIU 0'w A.as by.'ttie Raplat o�Lvt S,6,and:7 ofNortR Augusta,a . Subdivtaioa ut FIatnitP.tori:County, Iad1slu as per replat:tb�e�of mcprded October 17, 1997,.:iri.,plat Cabinet 2; Stide'36, u�the office:of the Recorder:of Nani�iton_County,• , ltid*ons;.beng:descci'ticed'asfollo' :.. ' B: 'inning et lh Sflntf►east:corder.ofsnid Ldt SA;-thence-South.64'degrees-10:ri iniites'S9= secotitls.Rest along the:South;lino of said Lot SA a disteace of 280 42 feet to a.potnt: •' ' 8istant.l9 58 feet frnui tine Souti4weC come;of t td poi :dot.SA;:snt bcngtho Notfieast` cAnaer:.of the land:tract conxreyea to�e State of Indiana'.by Wananty.Deed recorded es.: Instiwaent numbs 2l?0,1000319<}l,tbenc North 27 degtow 20 mimrtus ZO`secoads sloag,the Fast line of said lancl;tract a o€3q0 l i feet to the_Notf►east corner of i said State oi'.ndiana land tract,'bcfng'ot{tFic Horth liar ofsaid Lot 01 distant.11:61-feet; =from tlid Northwest corner of saui Lpt:SA, thence North 64 degrees 10 rnmifie$ 59 along.the,_i•1orth;Iir�e af.saW..iot SA a dtstance''of 2�$39 feet,.to the•° ' ..•; . . Northeast cgrtxc 4881 d_Lot SA;thea9eSouth 25 degrees m 49 m ores 02 seconds East of3 A along thio EastUne.of srpitX�ot'SA a: to:tite Point of Begiaglu - .. .t EXHIBIT "A" EASEMENT. A PART OF LOTS 5,6,AND 7 IN NORTH AUGUSTA,A SUBDIVISION IN HAMILTON COUNTY,INDIANA,RECORDED IN DEED RECORD 132,PAGES 446-447 IN THE OFFICE OF THE RECORDER OF SAID COUNTY(BEING ALSO A PART OF LOT 5A OF THE REPLAT OF LOTS 5, 6 AND 7, NORTH AUGUSTA, RECORDED AS INSTRUMENT NUMBER 9709744338 IN SAID RECORDER'S OFFICE) AND BEING IN THE SOUTHEAST QUARTER OF SECTION 7,TOWNSHIP 17 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. Commencing at the Southwest comer,of sold.Lot 7; thence North 69 degrees 13 minutes 04 seconds East, along the Southeasterly line of.said Lot 7, a distance of 34.79 feet to the.PLACE OF BEGINNING; thence North 25 degrees 08-minutes 29 seconds West, a distance of 300.87 feet to the Northwesterly line of said . Lot 5; thence North 69 degrees 13 minutes 04 seconds East, along the Northwesterly line of said Lot_5, a distance of 15.04 feet; thence Sodth 25 degrees 08'minutes 29 seconds East, a distance of 300.87 feet to the Southeasterly line of said Lot 7; thence South 69 degrees.13 minutes 04 seconds West, along,the Southeasterly line of said Lot 7,' a distance of 15.04.feet to the.PLACE OF BEGINNING, CONTAINING 0.1036 ACRES(4513 SQ.FT.)MORE OR LESS. I, Trent E. Newport,.a Registered Land Surveyor in the State of Indiana, do'hereby certify that this, description was prepared from information obtained from Instrument Number 200100031991, as recorded in the Hamilton County Recorder's Office. No fieldwork was performed and therefore, this description is subject to any overlaps, gaps or inconsistencies that a field survey might reveal. �ESTF£pAO,p No. 29600021 Trent E Newport Date Reg. Land Surveyor No. 29600021 STATE of State of Indiana ! IAYA p� 4N�.SUR, PREPARED BY- Transportation YTransportation& Development Consultants M7 MRM RM W,11 W07 I"78l= f ROAD: MICHIGAN ROADEXHIBIT �g� DRAWN BY: CJL 11-22-11 PROJECT MICHIGAN ROAD FDR MAIN REVISED BY: CAW 02-10-12 96th ST-106th ST. CJL 03-6-12 COUNTY: HAMILTON EASEMENT EXHIBIT , CHECKED BY: TEN SECTION: 7 SCALE : 1' = 100' TOWNSHIP: 17 NORTH OWNER: KESHAV NOTE, LLC. RANGE: 3 EAST RECORD DOCUMENTS: SHERIFF'S DEED, INST.#2011049055 100 0 100 100 SCAM 1•=1o0' ® HATCHED AREA IS THE APPROXIMATE EASEMENT LINE TABLE L1 N6913'09E 34.79' NORTH L2 N25.08'29"W 300.87 L3 N6913'04"E 15.04' L4 S25'08'29"E 300.87' 1-5 S6913-04"W 15.04' /� 1p LOT 5 o1 KESHAV NOTE. LLC W INST.#2011049055 Z APP. R/W PER--, \ s �20�1y / NORTH AUGUSTA �' INST.#200100031991 D.R. 132, PGS. 446-447 \\>! Cft KESHAV TE. LLC LOT 6 Va NO INST.#2011049055 \ • m N r� �� / `\ Wo LOT 7 s` y KESHAV NOTE: LLC INST.#2011049055 �1 tis PLACE OF BEGINNING. E. Nfjy No fieldwork was performed and therefore, this description is subject to PREPARED BY: �*� %STEgF—0,p any overlaps, gaps or inconsistencies that a field survey might reveal. This plot was prepared from'Information obtained from Instrument Number 200100031991, as recorded in the Hamilton County Recorders Office. No. 29600021 /r// W, -.W0W STATE OF /�..�L —1 Nj_24_12 T* _ <4 SND 10 O� Trent E. Newport Date N0 S �y Reg. Land Surveyor No. 29600021 Transportation& State of Indiana Development Consultants 3417 MM M MM WF.2 010 Pm 7W-10 r ` ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT HC Carmel,LLC formerly known as Keshav Note, LLC,landowner of.the property or interest in property described in the attached Exhibit A and attached Exhibit B, hereby accepts the administrative settlement of$85,195.00 made by the City of Carmel on this �4 day of V1 2014. HC Carmel, LLC an Indiana limited liability company formerly known as Keshav Note,LLC BY: Hotel Capital,LLC an Indiana lim/habty company Manager B Michael Coll&r Managing Member Date BY: -:A�z A /,", Fra Kennedy Member NOTARY'S CERTIFICATE STATE OF HEATHER N LONGARDNER )SS: Notary Public-Seal, State of Indiana COUNTY OF ! ) My Commission Expires Jun 23,2021 Subscribed and sworn to before me this 14 day of pn F ,2014. My commission expires: ),31 �Lo)�l County of residence: Sig ature calhey (Michael Collier) Printed F Form W-9 Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) N Business name disregarded entity hame,if different from above d CO cLCheck appropriate b r federal tax classification: Exemptions see instructions C tions : P ( ) v c ❑Individual/sole proprietor ❑ C Corporation ❑ S Corporation El Partnership ❑Trust/estate 0 o Exempt payee code(if any) 0 Z o Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)10- Exemption from FATCA reporting c N code(if any) d tci ❑ Other(see instructions)► R Address(number,street,and apt.or suite no.) Requester's name and address(optionaq v CL m City,state,and ZIP code m rn List account number(s)h re(optional) 111`3 Ma Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding.For individuals,this is your social security numberpag However,for a —m _ resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter.FT Ma (J —1 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below),and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of , r` Lb Here U.S.person► Date► General In tructlo s withholding tax on foreign partners'share of effectively connected income,and 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are Section references a to the Int nal Revenue Code unless otherwise noted. exempt from the FATCA reporting,is correct. Future developments.The S has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form about Form W-9,at www.irs.gov/w9.Information about any future developments W-9 to request your TIN,you must use the requester's form if it is substantially affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9. on that page. Definition of a U.S.person.For federal tax purposes,you are considered a U.S. Purpose of Form person if you are: A person who is required to file an information return with the IRS must obtain your •An individual who is a U.S.citizen or U.S.resident alien, correct taxpayer identification number(TIN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized in the you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions,real estate transactions,mortgage interest you paid,acquisition or .An estate(other than a foreign estate),or abandonment of secured property,cancellation of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S,person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, 1.Certify that the TIN you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a 2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership income from a U.S.trade or business is not subject to the Cat.No.10231X Form W-9(Rev.5-2013) r VOUCHER # 135239 WARRANT# ALLOWED T0669 IN SUM OF $ HC CARMEL LLC 9797 N MICHIGAN ROAD CARMEL, IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 14 06-1052-06 $85,195.00 Availability Voucher Total $85,195.00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee T0669 HC CARMEL LLC Purchase Order No. 9797 N MICHIGAN ROAD Terms CARMEL, IN 46032 Due Date 5/27/2014 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/27/2014 060214 $85,195.00 I hereby certify that the attached invoice(s), or bill(s) is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 Date ff' er