HomeMy WebLinkAboutBPW 111908 Paperless PacketCity of Carmel
Board of Public Works
and Safety Meeting
November 19, 2008
10:00 A.M.
Diana L. Cordray, Clerk Treasurer
,
City of Carmel
Office of the
Clerk~Treasurer
MEETING
NOTICE
CARMEL BOARD OF PUBLIC
WORKS
WEDNESDAY, NOVEMBER 19,2008
AT 10:00 A.M.
COUNCIL CHAMBERS
CARMEL CITY HALL
ONE CIVIC SQUARE
NOTICE IS HEREBY GIVEN THAT THE CITY OF CARMEL
BOARD OF PUBLIC WORKS WILL HOLD A MEETING ON
WEDNESDAY, NOVEMBER 19, 2008, AT 10:00 A.M. IN THE
COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE.
THE PURPOSE OF THE MEETING IS CITY BUSINESS.
ON E CIVIC SQUARE CARM EL, IN DIANA 46032 317/57 1-2414
5. USE OF CITY FACILITIES/STREETS
a. Request to Use Gazebo, Common Areas and Grounds; Wedding; Friday,
July 10,2009; 3:00 p.m. to 6:00 p.m. and Saturday, July 11,2009; 1:00 p.m.
to 10:00 p.m.; Gina Gooch
b. Request to Council Chambers; Meeting; Tuesday, December 2, 2008; 8:15
a.m. to 10:30 a.m.; Angel Dean, Fe Tucker
c. Request to Use Caucus Room; Meeting; Various Dates; Doreen Ficara
d. Request to Use Caucus Room (2/3); Meeting; Various Dates; Mary Jane
Oakley
6. OTHER
a. TABLED 11/5/2008; Resolution NO. BPW-11-05-08-04; A Resolution of the
City of Carmel Board of Public Works and Safety Authorizing the Adoption
of Structural Amendments to Coexistence Agreement; John Duffy, Director
of the Department of Utilities
b. Request for 2009 Household Hazardous Waste Interlocal Agreement between
the City of Carmel and Hamilton County Solid Waste Management District;
John Duffy, Director of the Department of Utilities
c. Request for Labor Agreement between the City of Carmel and Carmel
Professional Firefighters Local #4444; Orbie Bowles, President Local #4444
d. Request for Open Cut and Lane Restrictions; Parcel 47; Note to Board
these lane restrictions are already in plact'; Robert Olson, CSO
e. Request for Curb Cut; Bauer Drive and Lakeshore Drive; Michael Bergman,
Bergman Design
f. Request for Close and/or Restrict Certain Roadways; Duke Energy; Mark
Labarr
g. Request for Dedication of Right of Way; Brenwick; 126th and 131st Streets;
Michael McBride
h. Request for Easement Agreement; Geanie, Paul and Timothy Hensel; John
Duffy, Director of the Department of Utilities
7. ADJOURNMENT
Resolution No. BPW-II-05-0B-02; The Ridge @Hayden Run, Section 3; Street Signs,
Exterior Sidewalks, Asphalt Paths; Mayor Brainard moved to approve. Board Member Burke
seconded. Request approved 3-0.
Resolution No. BPW-II-05-0B-03; Long Ridge Estates, Section 3A; Streets, Curb & Gutters,
Water Mains, Street Signs, Exterior Sidewalks, Asphalt Paths (Section 3A & #B); Mayor
Brainard moved to approve. Board Member Burke seconded. Request approved 3-0.
CONTRACTS
Requestfor Purchase ofGoods and Services,' Business Furniture; ($54,566.37); Mayor
Brainard moved to approve. Board Member Burke seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services,' Overhead Door Company; ($1,316.00); Mayor
Brainard moved to approve. Board Member Burke seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services; Tower Fire Apparatus Company; ($3,440.00);
Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services,' Omni Center; ($IB,500.00); Mayor Brainard
moved to approve. Board Member Burke seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services; Town Planning and Urban Design Collaborative;
($50,000.00); Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Requestfor Purchase ofGoods and Services; Express Scripts, Inc.; Benefit Management
Agreement; Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Requestfor Purchase ofGoods and Services; Change Order #45; Old Meridian Street;
Milestone Contractors; (Increase $421.3B); Mayor Brainard moved to approve. Board Member
Burke seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services; Change Order #2; 116'h and Clay Center Road;
R& W Contracting; (Decrease $1,247.52); Mayor Brainard moved to approve. Board Member
Burke seconded. Request approved 3-0.
Request/or Purchase ofGoods and Services,' Change Order #1; 131s1 -Shelborne to Ditch
Road; Snider Group; (Decrease $174.96); Mayor Brainard moved to approve. Board Member
Burke seconded. Request approved 3-0.
Request/or Purchase o/Goods and Services; Change Order #1; Carmel Westside Road
Improvements; Poindexter; (Increase $2,770.67); Mayor Brainard moved to approve. Board
Member Burke seconded. Request approved 3-0.
,
Request for Lane Restrictions; Parcel 67; Mayor Brainard moved to approve. Board Member
Burke seconded. Request approved 3-0.
Request for Vacation ofAlley; 1S( Avenue NW to 2nd Avenue NW; Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request for Consent to Encroach; Lot #53; Fairgreen Trace; Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request for Easement Agreement; Woods Swim Club; Mayor Brainard moved to approve.
Board Member Burke seconded. Request approved 3-0.
ADJOURNMENT
Mayor Brainard adjourned the Meeting at 10:20 a.m.
Diana L. Cordray, lAMC
Clerk-Treasurer
Approved,
Mayor James Brainard
ATTEST:
Diana L. Cordray, lAMC
Clerk-Treasurer
11
To: Board of Public Works Date: November 19 , 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-11-19-08-01
Principal : Paric Corporation
From: City Engineer
Surety: Safeco Insurance Company of
America
Board Members :
I have conducted final inspection of Stratford Assisted Living Project
for the following improvements:
ITEM BQD.d Number AMQ!.!NT
R/W Improvements 6403549 $ 28,120.00
The above improvements have been completed and are acceptable to the City
of Carmel . I recommend acceptance of said improvements, subject to the
following conditions :
1 . Maintenance Guarantees in the amount of 15% of the Performance amount,
for Streets and Curb & Gutters, be filed with the City of Carmel, said
Guarantees to run for a period of (3) years.
2 . Maintenance Guarantees in the amount of 10% of the Performance amount,
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved :
dZ:z~
City En lne
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 19th day of November 20~, that the Performance
bonds for Stratford Assisted Living project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana,
subject to the listed conditions above. The effective date of the Maintenance
bonds shall be the same date as this resolution.
Signed :________________________________________
Board of Public Works and Safety
STRATFORD
, " 'I t ' :1 :" (1 I' ,
Re: The Stratford at Westcl.ay
2460 Glebe Street
Canne~ IN 46032
To: Mr. Gary Duncan
Carmel Engineering
From: Jason Fox
Dear Gary,
Per our discussion October 30, 2008 this letter is intended to formalize our discussion and
commitments based on the cunently constructed improvements. The Stratford at Westclay,
LLC agrees to maintain the curb in the public right-of-way identified on Manigault Street on
exhibit "A". In addition, we agree to work with the Engineering Department regarding the area
identified on Vanderhorst Street ifa significant operational issue arises in the future.
We respectfully request the release of bond # 6403549 on behalf of the Pacic Corporation.
Sincerely,
:;:2-k
Jason Fox
Stratford Companies
,.
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APPROVED~TONETWORK STORAGE, INC .....," Information SystemsDepartment -2008 FORM BY:_~~ ____
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6,000.00
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and
entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City"), and Network Storage, Inc., (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
persOIIDel, public works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing
responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the
professional services ("Services") referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City'S authorization
documents for the purchase of additional Services shall be numbered and attached hereto in the
order in which they are approved by City.
2.3 Time is of the essence of this Agreement.
[Z:\E Bw\My DorumOll5\Profcssiooal SClViccs\2008\NE7WORK STORAGE mC.Professlonal SC'J'V1ccs.doc:9!3012008 J0:41 AM)
NETWORK STORAGE, INC
Infonnation SystemsDepartment -2008
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6 ,000.00
SECTION 3. CITY'S RESPONSIBILITIES
3.1 City shall provide such infonnation as is reasonably necessary for Professional to understand the
Services requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all
data so provided is correct and complete.
3.3 . City shall arrange for Professional to enter upon public and private property as reasonably required
for Professional to perform the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 1202-404-00
funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all
matters regarding the Services.
SECTION 4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perform the Services pursuant to the tenns of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shall coordinate with City its performance of the Services.
4.3 Professional shall provide the Services by following and applying at all times reasonable and
lawful standards as accepted in the industry.
SECTION 5. COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be
no more than Six Thousand Dollars ($6,000.00) (the "Estimate"). Professional shall submit an
invoice to City no more than once every thirty (30) days for Services provided City during the
time period encompassed by such invoice. Invoices shall be submitted on a form containing the
same information as that contained on the Professional Services Invoice attached hereto as Exhibit
B, incorporated herein by this reference. City shall pay Professional for all undisputed Services
rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same,
or be subject to a late charge of one percent (1 %) of such unpaid and undisputed invoice amount
for each month same remains unpaid.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City's prior written consent.
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NETWORK STORAGE, mc
Information SystemsDepartment -2008
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6,000.00
SECTION 6. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2008, and shall, on the first day of each January thereafter, automatically renew for a period ofone
(1) calendar year, unless otherwise agreed by the parties hereto.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City, for cause, immediately upon Professional's receipt of City's ''Notice
To Cease Services."
7.1.3 In the event of full or partial Agreement termination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of termination that are not in dispute, except that such
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any of its agents, employees or contractors are City employees. Professional shall
have the sole responsibility to pay to or for its agents, employees and contractors all statutory,
contractual and other benefits and/or obligations as they become due. Professional hereby warrants
. and indemnifies City for and from any and all costs, fees , expenses and/or damages incurred by
City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor
of Professional regarding or related to the subject matter of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
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NETWORKSTORAGE,~C
Information SystemsDepartment -2008
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6,000.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and/or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury, sickness, disease, or death of any of Professional's employees, agents or
contractors and/or because of any injury to or destruction ofproperty, including, but not limited to,
any loss ofuse resulting therefrom. The coverage amounts shall be no less than those amounts set
forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 Liens.
Professional shall not cause or pennit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing,
City shall have the right to payor bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions
of this Agreement, including Professional's warranties; (b) fails to perfonn the Services as
specified; (c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assigrunent for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to tenninate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional's perfonnance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professionals' required
professional licenses and certifications valid and current, and to indemnify and hold harmless City
from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. This indemnification obligation shall survive the termination
of this Agreement.
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NETWORK STORAGE, INC
lnfonnation SystemsDepartment -2008
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6,000.00
7.9 Indemnification.
Professional shall indemnify and hold hannless City and its officers, officials, employees and
agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional or negligent act or
omission of Professional and/or any of its employees, agents or contractors in the perfonnance of
this Agreement. This indemnification obligation shall survive the tennination of this Agreement.
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws prohibiting discrimination against any employee,
applicant for employment and/or other person in the subcontracting of work and/or in the
perfonnance of any Services contemplated by this Agreement with respect to hire, tenure, tenns,
conditions or privileges of employment or any matter directly or indirectly related to employment,
subcontracting or work perfonnance hereunder because of race, religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This
indemnification obligation shall survive the tennination of this Agreement.
7.11 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
that can operate independently of same shall continue in full force and effect.
7.12 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return
receipt requested, addressed to the parties as follows:
CITY:
City of Cannel Douglas C. Haney
Department of Administration Cannel City Attorney
One Civic Square One Civic Square
Cannel, Indiana 46032 Cannel, Indiana 46032
A ITENTION: Terry Crockett
PROFESSIONAL:
Network Storage, Inc.
911 E. 86th Street 5 u,"k Ie. 3
Indianapolis, Indiana 46240
AITENTION: l')1r-.rr,'c../<-.. M~~rm ~
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NETWORK STORAGE, mc
Information SystemsDepartment -2008
Appropriation # 1202-404-00; P.O. # 18230
Contract Not To Exceed $6,000.00
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (IO) business days from the date of such oral notice.
7.13 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
7.15 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights of such party to require such performance at any time thereafter.
7.16 Non-Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted from except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest. To the extent any provision contained
in this Agreement conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
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NETWORK STORAGE, INC
Information SystemsDepartment -2008
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6,000.00
7.19 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
7.21 Copyright.
City acknowledges that various materials which may be used and/or generated by Professional in
performance of Services, including forms, job description formats, comprehensive position
questionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie with Professional, and City will use them solely for
and on behalf of its own operations. City agrees that it will take appropriate action with its
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
performing the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with City. All of the services required hereunder will be performed
by Professional or under his supervision and all personnel engaged in the work shall be fully
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this agreement. City shall
have free access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment of Project
Professional shal1 commence, carryon, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on within
City'S organization.
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-----------------------------
NETWORK STORAGE, INC
Information SystemsDepartment -2008
Appropriation #1202-404-00; P.O. #18230
Contract Not To Exceed $6,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board ofPublic
Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Diana Cordray, lAMC, Clerk-Treasurer
Date: ___________________________
NETWORK STORGE, INC.
BY:
#d___ k~
Uiji'
Printed Name: /t1 ~rr I"ele go (.l""" c::...,
Title: !21-r:.c..hr ~/ &-lA r7%)'Y r
FID/TIN: 33-I<.::JVS'7t'l
SSN if Sole Proprietor: ___________
Date: Ii) /2.. y/.z..ouJ,
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Professional Services Statement of Work
Information Infrastructure Upgrade Project
City of Carmel
Statement of Work
"Ill" (1l~Gf8~'J"/1 eL
City of Carmel Network Storage, Inc
Carmel City Hall
One Civic Square
Carmel, In 46032
911 E. 86th Street
Suite 103
Indianapolis, IN 46240
USA
Date: 09/29/08 SOW Number: NSI092908
NSf Confidential T ,a'f J 0(6"F'"'' , ~ ..,.. "T/j ':: Z; .. "
Professional Services Statement of Work
Table of Contents
1. Project Overview....................................................................................................................... 3
2. Project Scope ............................................................................................................................ 3
2.1 Out of Scope ................................................................................ .......................... .......................................... 3
3. Project Approach and Organization ............................................................................................ 3
4. Terms and Conditions ................................................................................................................ 3
4.1 Fees, Acceptance, and Invoicing ........... .................................................................. ....................................... .4
4.2 Cancellation or Termination ..................... ............................................................. ................................... ..... .4
4.3 Location ................................................................................................................................. ......................... .4
4.4 Independent Contractor ................................................................................................................................ .4
4.5 Progress Reports and Time Records ........................................................................... ................................... .4
4.6 NSI Program Delivery Manager and City of Carmel Contacts ......................................................................... 5
4.7 Notices ............. ....................... .................................................................................... .................. .................. 5
4.8 Approval ................................................... .......................................... ............................................ ................. 5
4.9 Acceptance ........................................................................................ .............................................................. 6
List of Tables
Table 1. Primary NSI and City of Carmel Project Contacts ............................................................................. 5
Table 2. Project Approval .......................................................................................................................... 6
Table 3. Project Acceptance ....................................................................................................................... 6
NSf Confidential uEXH'B'T~a8e 2 0f6 'J
Professional Services Statement ofWork
1. Project Overview
This Information Performance Assessment Statement of Work (SOW) sets forth the terms under which City of
Carmel has engaged Network Storage, Inc.'s (NSI) Professional Services to provide the project consulting and
services (Consulting Services) described below.
The project objective is to upgrade the information infrastructure of the City of Ca rmel as follows:
a. Phase 1:
i. Configure new MSA20 Shelf into SAN Note 1-5380 at Tower Location
ii. Configure new MSA20 Shelf into SAN Note 1-4380 at Police Station
iii. Configure 4th VMware server at Police Station
iv. Install 2 new NICs in each of the 3 existing VMware Servers
v. Upgrade VMware from version 3.0 to version 3.5
vi. Upgrade Virtual Center to version compatible with VMware V3.5
b. Phase 2:
i. Upgrade SANMeiody from version 2.0.2 to 2.0.3
2. Project Scope
NSI will manage the project to deliver the assessment in the phases listed in Section 3 working closely with
City of Carmel's staff. As part of this project NSI will:
• Create and maintain detailed project documentation
• Create and maintain communications information
• Schedule a nd coordinate NSI project resources
• Schedule and coordinate planning and status meetings
• Coordinate with City of Carmel staff for availability of City of Carmel resources
2.1 Out of Scope
NSI is responsible to perform only the Consulting Services described in this SOW. Services outside the
scope include, but are not limited to:
• Any application or host system access that encompasses coding, scripting, system performance,
and/or troubleshooting.
• Installation of physical servers or physical hardware components other than the two NICS detailed
in Phase 1 above.
• Application logins outside of the tasks described in this SOW.
• Installation and configuration of Fibre Channel HBAs
• Installation of any operating system patches not specifically identified in Section 1 above
3. Project Approach and Organization
NSI will work in conjunction with the City of Carmel to conduct each task within each phase .
4. Terms and Conditions
The following paragraphs detail the Terms and Conditions of this SOW.
ConfidentialNSf "EXHIBI18 P"do!6 "
Professiorwl Services Statement of Work
4.1 Fees, Acceptance, and Invoicing
This projects Consulting Services will be performed on a time and materials basis. Network Storage, Inc.
will invoice the City of Carmel Monthly for any services contracted. NSI's professional services are
provided at a Y, day rate of $750 (Note: NSI's daily rate is based upon 10 hours of labor; 5 hours labor is
the basis for the Y, day rate.) The total project duration is estimated to require 4 business days or 40
hours. The City of Carmel will be invoiced in hourly increments of $150 for services delivered. Billing will
not exceed $6000 to address the scope of work defined within this document.
City of Carmel shall have seven (7) calendar days from receipt of such notice in which to respond that (i)
NSI has successfully complied with the acceptance criteria; or (ii) NSI has not so complied and the specific
basis for such noncompliance. If City of Carmel indicates noncompliance, the parties shall promptly meet
and use good faith to resolve difficulties.
If City of Carmel indicates compliance with the Phase, or does not respond within such seven (7) day
period, the Consulting Services for the applicable Phase shall be deemed to be accepted. NSI is
authorized to issue the applicable invoice upon such acceptance. Payment is due within thirty (30) days
after the date of the invoice.
The results, accuracy, and contents of NSI's deliverables are dependent upon the content and accuracy
of information provided by City of Carmel. Once a schedule has been mutually agreed upon, NSI shall
make reasonable efforts to accommodate changes requested by City of Carmel.
4.2 Cancellation or Termination
In the absence of a breach by NSI of NSI's obligations, if City of Carmel cancels the Consulting Services or
if NSI terminates due to breach by City of Carmel, NSI is authorized to invoice, and City of Carmel shall
pay NSI the following amounts, which are deemed liquidated damages, and not as a penalty: (i) all fees
and expense reimbursements associated with the Phase in effect on the date of cancellation and all
earlier Phases or agreed payment events (but only to the extent payment therefore has not yet been
previously received by NSI at the time of such cancellation).
4.3 location
The Consulting Services shall be performed primarily onsite at City of Carmel Police station and Tower
location. However, NSI shall have the option of performing appropriate portions at an NSI Services
selected location (the "NSI site") with the prior approval of the customer Project Sponsor.
4.4 Independent Contractor
Each of NSI and Customer will be and shall act as an independent contractor and not as an agent or
partner of, or joint venture with the other party for any purpose, and neither party by virtue of this
Agreement shall have any right, power, or authority to act or create any obligation, expressed or implied,
on behalf of the other party.
4.5 Progress Reports and Time Records
Unless otherwise agreed, NSI will send City of Carmel a phase summary report summarizing the work
completed during such period, and the status of the work then in process, the status of any known
problems or outstanding issues, and the status of open change requests, if any.
NSI Confidential "EXHIBllf P",4,!6 "
Professional Services Statement of Work
4.6 NSI Program Delivery Manager and City of Carmel Contacts
Refer to Table 1 for the NSI Services and City of Carmel primary contact person(s), and the method to
contact them .
Table 1. Primary NSI and City of Carmel Project Contacts
Item
Name
NSI Contacts
Ed Salpetch
City of Carmel Contacts
Terry Crockett
Office Phone No.
Mobile Phone No.
Fax No.
E-mail Address
(317) 251-8566
(317) 833-2658
(317) 251-8560
esaipetch@networkstorageinc.com
(317) 571·2567
tcrockett@carmel.in.gov
-
4.7 Notices
Acknowledgements, invoices, payments, other usual and routine communications, and all other notices
or writings required or permitted under this Statement of Work, including but not limited to notices of
default or breach, shall be signed by an authorized representative of the sender, sent to the respective
individuals identified below (which may be changed by written notice to the other), and shall be deemed
to have been received (i) when hand delivered to such individuals by a representative of the sender, or
(ii) three (3) days after having been sent postage prepaid, by registered or certified first class mail, return
receipt requested, or (iii) when sent by electronic transmission, with written confirmation by the method
of transmission, or (iv) one (1) day after deposit with an overnight carrier, with written verification of
delivery.
4.8 Approval
This Statement of Work is the complete and exclusive agreement between NSI and City of Carmel with regard
to its subject matter, and supersede all prior oral or written proposals, agreements, representations and other
communications between the parties with respect to the Consulting Services and shall prevail
notwithstanding any different, conflicting or additional terms and conditions which may appear on any order
or other document submitted by City of Carmel.
IN WITNESS WHEREOF, the parties have caused the Statement af Work to be signed on the respective dates
indicated below.
The parties hereby acknowledge that they have read and do understand this Agreement and all attachments
hereto, and agree to all terms and conditions stated herein.
NSI C'nJid"""" " EXH IBrrA"" "f" "
Professional Services Statement of Work
Table 2. Project Approval
Name:
Position:
Signature:
Date:
Network Storage, Inc
Ed Saipetch
Systems Engineer
Approval of Statement of Work
City of carmel
Name: Terry Crockett
Position: Director of Information Technology
Signature
Date:
4.9 Acceptance
NSI has performed a nd City of Carmel has accepted all services specified within this statement of work. The
parties agree that all services are complete and final execution of this statement of work as outlined within
may commence.
Table 3. Project Acceptance
Acceptance of Statement of Work
Network Storage, Inc City of Carmel
Name: Name:
Position: Position:
Signature: Signature
Date: Date:
I
ConfidentialNSf ..EXH JB 6 of~6=-==--=='*r--ge
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
• ' Real Mechanical
Fire Department -2008 APPROVED, AS TO
Appropriation #43-501.00; P.O. #12604 FORM BY:___
Contract Not To Exceed $2,913 .00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Real Mechanical, an entity duly authorized to do business in the State of Indiana ("Vendor').
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 43-501.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Two Thousand Nine Hundred Thirteen Dollars ($2,913.00) (the "Estimate").
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so
long as and to the extent such Goods and Services are not disputed, are in accordance with the
specifications set forth in Exhibit A, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods
and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
IZo\E _\My DoaIm...~\ProroWMai S ..... ""IfIRE DEYlUOO8IRfAL MICHANICALGood.<& s..vi=.do<oIMMOO~12oIS PM]
Real Mechanical
Fire Department -2008
Appropriation #43-501.00; P.O. #12604
Contract Not To Exceed $2,913 .00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
(Lit: 8 ..."'ly o"cum"",lJ',of<>.,i""a1 S",;';"IfIRf OEf'T\lOOAAEAL MECKANICALGood; & SCMcao.doc:IOOOl2OO'21oU P~fj
Real Mechanical
Fire Department -2008
Appropriation #43-501.00; P.O. #12604
Contract Not To Exceed $2,913.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's perforrnance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES :
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers , employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
".
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Real Mechanical
Fire Department -2008
Appropriation #43-501.00; P.O. #12604
Contract Not To Exceed $2,913 .00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith, Fire Cheif
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Real Mechanical
475 Gradle Drive
Carmel, Indiana 46032
Telephone: 317-846-9299
E-Mail: www.realmechanical.com
ATTENTION:
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
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Real Mechanical
Fire Department -2008
Appropriation #43-501.00; P.O. #12604
Contract Not To Exceed $2,913.00
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and
shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year,
unless otherwise agreed by the parties hereto.
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue infiuence or coercion.
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Real Mechanical
Fire Department -2008
Appropriation #43-501.00; P.O. #12604
Contract Not To Exceed $2,913.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein confiicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA REAL MECHANICAL
by and through its Board of Public
Works and Safety
By: k02
James Brainard, Presiding Officer
Date: __________
Mary Ann Burke, Member
Date: __________
Title
Lori S. Watson, Member FIDITIN: "3 S -IC! 53) .. /~
Date: __________
SSN if Sole Proprietor: _______
ATTEST:
Da~: ------------
Diana Cordray, IAMC, Clerk-Treasurer
Date: ______________________
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EXHIBITB
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly ·
Rate/
Hours
Worked
Total
GRAND TOTAL
I
Signature
Printed Name
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limi t:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
'"
R L
MECHANICAL CONTRACTORS
REAL MECHANICAL PREVENTIVE MAINTENANCE AGREEMENT
For
CITY OF CARMEL FIRE DEPARTMENT
oI. This contract is to be a semi-annual preventive maintenance contract on the listed equipment. REAL
MECHANICAL agrees to perfonn preventive maintenance on said listed equipment under the agreed
upon price within 30 day of acceptance and shall continue until notice of tennination is given in writing.
Under no circumstances will REAL MECHANICAL replace any equipment or upgrade equipment under
th is contract.
02. This agreement covers the making of regular inspection calls during nonnal working hours, 8:00a.m. to
4:30 p.m. Monday through Friday.
03. Twenty-Four (24) hour emergency service will be available between inspections if necessary.
04. It is mutually agreed that this agreement covers only electrically operated units inside the equipment and
does not cover cabinetry, electrical, starters, disconnects, VFD, or plumbing work or balancing beyond
the units, or any work required because of negligence or misuse of equipment.
05. Maintenance and service work will be perfonned on current accounts only.
06. During the fulfillment of this agreement REAL MECHANICAL shall take all reasonable precautions to
avoid injury to persons and damage to property, and furnish a copy of insurance liability if required.
07. REAL MECHANICAL shall not be held responsible for food spoilage, loss of business, or service of the
equipment, or any damage caused by fire, flood, freezing, acts of God, acts of Government, delays
occasioned by strikes, riots, lockouts, accidents, transportation delays, or any other condition beyond
REAL MECHANICAL's control. Under no circumstances whether arising in contract, tort (including
negligence), equity or otherwise, will REAL MECHANICAL be responsible for loss of use, loss of profit,
claims of customer's tenants or client, or any special, indirect or consequential damages.
08. We reserve the right to reject any agreement if upon inspection by our service technician, equipment is
found in such condition that service will be unsatisfactory.
09. We will perfonn maintenance on all covered equipment on a quarterly schedule. All air filters will be
changed with a standard throwaway filter.
10. REAL MECHANICAL will not be required to move, replace, or alter any part of the structure, furniture
or equipment in perfonnance of this agreement.
II. REAL MECHANICAL will default to its own safety policy unless the customer has a more stringent or
special requirements.
QUALITY. INTEGRITY. PERFORMANCE. __ [ ~.....
4750",,, D, I C"mol IN 46032 I 31784'.9299 I '''' 3'7.8.\8 "" I w.",,,m,,",",,.,,,;, EX~BIT fr, I.. q "
12. Any additional or special equipment such as lifts, scaffolding, cranes, etc. needed to provide service
would be the responsibility ofthe customer, unless otherwise stated in this agreement or addendums.
13. All refrigerant transactions will be tracked and recorded per the requirements of the Clean Air Act. We
will provide the owner with copies ofsaid documentation.
14. Any material used to perfonn maintenance of service work will be listed in the Real Mechanical
HAZCOM manual.
15. REAL MECHANICAL will not be responsible for any perfonnance problems arising from design or
engineering deficiency.
16. This contract is subject to price revision to reflect increases in labor, material and other costs on any
anniversary date by written notice.
17. This contract billing is based on semi-annual installments to be arrived at by the annual total of all
locations.
18. REAL MECHANICAL retains the right at the annual contact review to exclude any equipment that is
obsolete or beyond reasonable effort to maintain and service.
19. Venue for any legal or collection issues shall be the State of Indiana.
20. It is understood that this proposal, along with the attached equipment list, schedules and clarifications sets
forth an entire agreement.
21. Attached is the list of location with individual pricing per location, each location will be billed as a
separate entity. .
Total annual contract price aggregate: $2,913.00
Total of(4) quarterly billings due per location: $728.25
~Acceptedby: _________
Title: Vice President Service Title: _______________
Date: 9-4-08 Date: _____
QUALITY. INTEGRITY. PERFORMANCE. ~ 7--. !475Oodl. DI. I C"".,IN "032 I 317.846.92" I I",317646.5191 I ....re.,,,",,,",,,,.,,;,; EXPnBIT r4' c.( "
· .
City of Carmel Fire Department
Location List and Equipment Schedules
Fire Station #41 2 Carmel Civic Square Price per inspection $340.00
Annual price $1,360.00
Fire House (4) Split systems Quarterly
(4) Radiant tube heaters FalllWinter
(1) Gas heater Semi-annual
Business office (5) Split Systems Quarterly
Firs Station #42 3610 W. 106th Street Price per inspection $128.75
Annual Price $515.00
(3) Spilt systems Quarterly
(2) Exhaust fans Quarterly
(2) Radiant tube heaters FallIWinter
Fire Station #43 3245 E. 106th Street Price per inspection $70.00
Annual Price $280.00
(3) Split systems Quarterly
(2) Reznor unit heaters FalllWinter
(1) Gas water heater Semi-annual
Fire station #44 5032 E. Main Street . Price per inspection $60.75
Annual Price $243.00
(2) Split systems Quarterly
(2) Reznor unit heaters FalllWinter
(1) Gas water heater Semi-annual
Fire Station #46 540 W. 136th Street Price per inspection $128.75
Annual Price $515.00
(3) Split systems Quarterly
(2) Exhaust fans Quarterly
(2) Radiant heat tubes FalllWinter
"EXHIBIT k75/-\ "
'.
LABOR:
TRUCK:
PARTS:
TERMS:
REAL MECHANICAL, INC.
SERVICE RATES AND CHARGES
FOR
CAR..MEL FIRE DEPARTMENT
8:00am -5:00pm, Monday through Friday, holidays excepted:
Technician $74.00/hour, helper (when required) $74.00/hour
All other hours, technician $1 I 1.00/hour, helper $1 I 1.00/hour
Labor is charged from time left last job to time departed.
To each emergency service, a $32.00 truck charge is added to
cover our gasoline and vehicle upkeep. This charge is computed
on a per job rather than per trip basis.
Normal trade prices, per ARH Price Directory.
Net due in 30 days.
kL{('-\"EXHIBIT ___
"
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
--
GRAND TOTAL
Signature
Printed Name
I
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentfDisease:
Bodily Injury by AccidentfDisease:
Bodily Injury by AccidentfDisease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
-PAGEINDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 "--'-"PURCHASE ORDER NUMBER City of Carmel I I
FEDERAL EXCISE TAX EXEMPT 1260.435-60000972I J THIS NUMBER MUST APPEAR ON INVOICES. AlF
VOUCHER. DELIVERY MEMO, PACKING SLIPS
ONE CIVIC SQUARE
CARMEL. INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
JRCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO, DESCRIPTION
10/14f2008
Real Mechanical Cannel Firt! Department
IENDOR SHIP 2 Ci yi c Square
TO
475 Gradle DriYe Cannel, IN 46032
Cannel, IN .46032 (317) 571-2622
INF IRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
.~ ~ ~
QUANTITY I~F MEA\uR~1 DESCRIPTION I UNIT PRICE I EXTENSION
Account 43-601.00
1 Each HVAC PM -~~~~ 'C:> • $2,913.00 $2,913.00
Sub Total: $2,913 .00
,...,..-~--"';""-'-
3end Invoice To:
Cannel Firt! Department
2 Ci vi c Squart!
Cannel, IN .46032PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
Cannel Firt! Department
SHIPPING INSTRUCTIONS
• SHIP REPAIO.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED.
• PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
DOCUMENT CONTROL N0'12 6a4
PAYMENT
• AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THn.~13.00
NUMBER IS MADE A PART OF THE VOUCHER ANO EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATIACHED.
I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATEO BALANCE IN
THIS APPROPRIATION SUFFICI NT TO PAY FOR THE ABOVE ORDER.
ORDERED BY ~::..,~'=>-'S>. , ~~ ()
~~'-"'S;:)'"'Y~TITLE
CLERK-TREASURER
VENDOR COpy
ARAB T ennite & Pest Control
Fire Department -2008
Appropriation #43-509.00; P.O. #12605
Contract Not To Exceed $2,352.00
APPROVED~ AS TO
FORM 8Y;
.~...~~.....
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
ARAB Termite and Pest Control an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 43-509.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Two Thousand Three Hundred Fifty Two Dollars ($2,352.00) (the "Estimate").
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so
long as and to the extent such Goods and Services are not disputed, are in accordance with the
specifications set forth in Exhibit A. are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods
and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
(Z:\E &..n\My Docu.m<lll;:\Profcs.siOfl.31 Sa"Viccs'FORMS'Goo!l... & ~.Rev 8-06-07.doc:tOl2CV200S 1l :3J P~f]
ARAB Tennite & Pest Control
Fire Department -2008
Appropriation #43-509.00; P.O. # J2605
Contract Not To Exceed $2,352.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendors use of City property.
(Z:\E Ba.u'My Ooo.lm!oJ1IS\P'rOrl'lrt..... oo;iJ ~\FORMS'Goods &: S~-Rev 8·Q6..07.ch.-:10I201200tl 12 :.'" PM] 2
ARAB Tennite & Pest Control
Fire Department -2008
Appropriation #43-509.00; P.O. #12605
Contract Not To Exceed $2,352.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other rnatter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof. .
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
Hie relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
lZ:l.E Bus\My OoI."l.IIRUlb\ProrLSS.ioald Sa'VIOOi\FOR.MS'(iood... &: Stn'IC'CS' RC'\' 8-06-07.doc: 1012012008 12 :1) PM) 3
ARAB Termite & Pest Control
Fire Department -2008
Appropriation #43-509.00; P.O. #12605
Contract Not To Exceed $2,352.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith, Fire Chief
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: ARAB Termite & Pest Control
4035 Millersville Road
Indianapolis, Indiana 46205
Telephone: 317-545-1275
E-Mail: www.seeabug.com
ATTENTION: J. Michael O'Neill
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
IZ:\E 8&ss\My Duauna)ls\rroreu.icxr.al Scrv:iccs\fORMS'Vood... It SaviOOl: -Rr.-8-06-07.doc:ICV2OI2008 Il:JJ PM] 4
ARAB Tennite & Pest Control
Fire Department -2008
Appropriation #43-509.00; P.O. #12605
Contract Not To Exceed $2,352.00
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encurnbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services , shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and
shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year,
unless otherwise agreed by the parties hereto.
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials , agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion .
r~\[ _ lMy DoaomcoL,\Pwfo;iooai S"",=\FORMSIGoods &. s...,;=. Jt.,. 8.Q6.()7.doc:10I2012008 12:)) p'n 5
ARAB Tennite & Pest Control
Fire Department -2008
Appropriation #43-509.00; P.O. #12605
Contract Not To Exceed $2,352.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA ARAB Termite & Pest Control
by and through its Board of Public
Works and Safety
By: By: ~~
James Brainard, Presiding Officer ?'(uthorized Signature
Date: __________
J tJ!ICd?fP~t!/ /*"flLL-
Printed Name
Mary Ann Burke, Member
Date: __________ 07f£~f t11~~a-7L
Title
Lori S. Watson, Member
Date: __________
FIDrrlN: J §--Oif f~!ff:b
SSN if Sole Proprietor: _______
ATIEST:
Date: ! ( -.5 -ttP
Diana Cordray, IAMC, Clerk-Treasurer
Date: _____________
(Z;\E 8.ti.1\My [)ocu.rDm1"-Prof\..~IOQal StZVIco:\FORMS\Goods & Saviccs -Rn-8-06-07.doc: 1CV2CV2008 12:3) PM] 6
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
I
GRAND TOTAL
-I
Signature
Printed Name
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
09/29/2008 10:08 3715475535 ARABPESTCONTROLINC PAGE 02
P.if3. SEE A BUG~~."... ~... CAlL~,., ARAB TERMITE 8& PEST CONTROL, INC.. . , . • 4035 MILLERSVILLE ROAD • INDIANAPOLIS, INDIANA 46205 • (317) 545·1275
A.~.lIea" o_"'• .:! (1'11<1' OD.lot,~ Sine. "3' ·'(;UAIWI..\:,\· Of ,\ PEST ~'I{EE EN"JRONME\T SI:\CE 1929"
Ai':DERSO~
(765: ~J~.J~05
CAR,1EL
(31 11w·( \.,5
GREENWOOD
(317) &~3'1999
l.AFA\UTE
(165) 7J2-mO
LEB.',\Or-:
(76514Sj·0799
~IARIO"
('6~1 rxij·~812
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(765) :;~:·3&OI
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(6~) 28~·76QC
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(17) 77~·~m
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(~65'6·5·7RQI
September 29, 2008
Garv Carter
Qualtermaster/DPA
CITY OF CARMEL FIRE DEPARTMENT
2 Civic Square
Carmel, IN 46033
Re: ALL LOCA nONS -HEADQUARTERS. #42, #43, #44, #45 and #46
Dear Gary Carter,
We are please to ha\'e the opportunity again to resubmit the following proposal for pest
control services for all 6 fire station facilities. With these economic times being as they
are, we are providing the same excelIent service at the same price as in 2006
This proposal is designed to protect the fire stations from pest developing inside. This will
provide the firefighters with a comfortable and safe environment.
SCOPE AND FREQUENCY
We propose to render monthly inspection and service for the control of roaches, ants,
mice, rats, and silverfish. We will be available to' render emergency service between our
regularly scheduled visits at no additional cost when the necessity arises.
RODENT CONTROL
Whenever applicable, we will strategically place rodent stations in strategic locations
Each time they are serviced, the date will be recorded on them.
INSECT CONTROL
For the control of insects, we will apply only materials registered and labeled for use in
these buildings. Areas to be covered, but not limited to :
1. All entrances 4. Fire truck bays
2. Kitchen/Break areas 5. Food Storage Area
3. Public reslrooms 6, Dining Areas I.11
7. Offices and any other area upon request j( ) " "EXH\S\l ~....:--
MEMBER : NATIONAL & INDJ."M PEST ~lANAGE~1ENT ASSOCIATJOKS • BETTER BUSINESS BUREAU' CHAMBER OF COMMERCE
FOR OTHER LOCATIONS OR INFORMAnON CALL (ROO) 233-2722 OR VISIT www.s('esbug.net ·
.09/29/2008 10:08 3715475535 ARABPESTCONTROLINC PAGE 03
CO~IMUNICATIONS
The backbone of a good pest control program is the communication system that is set up. We,
therefore, feel that this is on of the most important phases of our pest control service
To assure that good communications are maintained, we will set up a pest sighting book in each
fire house. AJI pest sightings or potential problems should be recorded in this book. When our
technician arrives for his service, he will check in with your designated representative, review this
pest sighting book with this person and his treating schedule for the day, and then proceed.
Upon completion of his work, he will once again check in with the proper personnel, review his
findings and treatment rendered, and present his service invoice for signature.
Tn addition to map location of all pemlanent rodent stations, we ""ill supply you ~ith a list of all
insecticides and rodenticide being used in your office buildings. This, ofcourse, is in compliance
with Federal, State regulations and MSDS's will be supplied when requested.
SAFETY
Safety is of prime consideration to our company. We will only use those products approved by
Federal, State, and Local agencies. All materials are applied only in accordance with label
directions.
Our services are rendered by thoroughly trained, uniformed technicians under the supervision of
people with years of experience and are certified by the State of Indiana.
LENGTH OF SERVICE AGREEMENT
Our proposal can be canceled by either party with a 30 day written notice. The price is
guaranteed for two years,
PROGRAlVllNVESTMENT
The investment for the foregoing services will continue to be:
LOCATION J\fONTHLY SERVICE CHARGE
Carmel Fire Headquarters Station #41 $46.00
(Slati<lO & Admin Meas)
Carmel Fire Department Station #42 $3000
Carmel Fire Department Station #43 $30.00
Carnlel Fire Department Station #44 $30.00 "EXHIBIT A2(') "
----
09/29/2008 10:08 3715475535, --.. ~ -~... ... ... , -ARABPESTCONTROLINC PAGE 04
Carmel Fire Department Station #45 $30.00
(Station Only)
Cannel Fire Department Station #46 $30.00
TOTAL I\IONTHLY CHARGE $196.00
Looking forward to being of service to you.
Sincerely,
A RAB TERMITE & PEST CONTROL. INC ·
/!'~~?~
J. Michael O'Neill
ACCEPTANCE DATED
CITY OF CARl\'IEL FIRE DEPARTMENT
By: or PO#
"EXHIBIT "
A3/)
--
INDIANA RETAIL TAX EXEMPT PAGE \. --'\... "CERTIFICATE NO. 003120155 002 0
PURCHASE ORDER NUWERCity of Carmel I I
FEDERAL EXCISE TAX EXEMPT 12605
35-60000972I I THIS NUMBER MUST APPEAR ON INVOICES. All
VOUCHER. DELIVERY MEMO. PACKING SLlP~ ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE
:ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
rlCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO. DESCRIPTION
10/U~
Arab Termite & Pest Control, Inc. Carmel Fire Department
SHIP 2 Civic Square
ENDOR
.4035 Millersville Road TO Carmel, IN 46032
Indianapolis, IN .t6205 (317) 571-2622
FIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
~ ~ ~
QUANTITY IuNiTOF MEASU~ DESCRIPTION I UNIT PRICE I__ EXTENSION
Account 43-609.00
1 Each Pest Control ~~,~:':, . $2,352.00 $2,352.00
Sub Total: $2.352.00
.,.,,.,
.'
end Invoice To:
Carmel Fire Department
2 Civic Square
Carmel, IN 46032
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
Carmel Fire Department PAYMENT $2,352.00
, NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE INSHIPPING INSTRUCTIONS THIS APPROPRIATION SUFFICIENT TOC-FOR. nTHE ABOVE ORDER.
· SHIP REPAID.
· C.O.D. SHIPMENTS CANNOT BE ACCEPTED
ORDERED BY ~~~~-~~~ · PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS. ~~, ~~~ · THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99. ACTS 1945 TITLE
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
CLERK-TREASURER
,OCUMENT CONTROL No·12 6 0 5 VENDOR COpy
" ." .
CITY OF CARMEL ,r.-'--~" -r.t: TO Fr ·...• -.. ~ ,.~. '-'''I~'~. ~
TO: Mike McBride CONTRACT CHANGE ORDER NO.1.£..~/•
Dick Hill DATE: 10/24/08
PROJECT NAME: Bridge No. 194 over Little Cool CreE
CITY REQ. NO.:
CITY PO NO.:
CITY PO DATE:
I. You are directed to make the foHowing changes in this Contract:
Existing tree in R/W was scheduled to be cleared. John Thomas suggested leaving the tree in place to help shore up
the embankment. Arborist Scott Brewer was consulted and inspected the tree for damage and life expectancy. Mr.
Brewer detennined the tree is in good health. Mr. Brewer suggested hiring a professional tree service to trim the
tree to help avoid any damage during the bridge construction. This change order reflects the cost associated with
the trimming
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+)OR(-)DAYS
#66 Tree Trimming $440.00 o
II. The following referenced Documents further describe the changes outlined in Paragraph I,
and are to be considered a part of this Change Order: R.F.P.: W.D.C. NO.: ___
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $813,266.40
Contract Price will be increased/decreased by this Change Order $440.00
New Contract Price including this Change Order $813,706.40
Contract Time prior to this Change Order Days 1112112008 Completion Date
Net increased/decreased resulting from this Change Order 0 Days
Current Contract Time including this Change Order __Days 11/21/2008 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time
extensions incurred at any time resulting from the perfonnance of the changed work.
The Above Changes Are The Above Changes Are Approved
Recommended Accepted
ENGINEER CONTRACTOR James Brainard, Mayor
UnkJ ~1~;"5 bvnc~·~t4&"
Address Address PO Box 457 Mary Ann Burke, Member
1625 N. Post Rd. Phone: 317-736-6024
City/State/Zip Cit~ori Watson, Member
Indianapolis/IN/46229 FranklinlIN/
By:~f)~
Phone: 17.895.2585
~
Phone: 317-484-1500
ATTEST:
Date: 10.24.2008 Date: I(/' -&-'08 D~22b%k~surer
Michael McBride, City
Engineer
VI.JI IV ~uuu II L U U~ 'VU IIVI UUI1 V1'1 11 r\VU [r\ 1 OV I1 111 v' r 1'\/\ 11 U· U 1 I I uU J I ~ 1 r· VU II UU'
Phone: (317) 846-3778
Fax: (317) 846-3788
www.vineandbranch.net
4721 E. 146th Stre~t
Carmel, Indiana 46038
Invoice
September 30,2008
_ A-TREE; PRUNING
;::~~t,~ ~~<~;~~'{',; 9328-528062 .r;-.j 4t-.: ~.,.;jIJ ~ "~-l:
~ASHER
_ 10/9/2008
:t~''::'=':-..~t I, =-.~.'V~;~':-;...;:ii·~,;Jt~b~-:1~~:'·.";'~ . 9/3012008
M PELL
r ~rfuk~iw.i~~·~_~¥~~~*;~~i~~~'~~{~~~r~~~1~::::~ ~~~
Duncan Robertson, Inc. RLR Bridge Project
P.O. Box 457
Franklin, IN 46131 . Carmel, IN 46032
(317) 736-6024 (317) 736-9121
Description ... -Qty. Rate' Unit Amount
SCOPE OF WORK:
Ash (on N side of creek, E of bridge) -440.00
Crown raise and layer back off bridge area for clearance
/f-jtJ4
/J~jl
Labor Subtotal Total
440.00 440.00 $440.00
NI material is guaranteed to be as specified. All work to be completed in a professional manner
according to standard practices. Any alteration or deviation from above speclflcatlot'15 involving extra
costs will be execvted only upon wrinen ordElI'S and will become an extra charge oller and above the
asllmate. All agreements contlngent upon delays beyond our COntrol. Purchaser agrees to pay all costs
01 collection, including attorney's loost
Terms: Upon Receipt Thank you for your businesSl
------Tear Here: Please Retum With Payment ------------------------
Duncan Robertson, Inc. Summary: Invoice Date: Invoice Number: 9328-528062 P.O. Box 457 A-TREE PRUNING 9/30/2008 Total: $440.00Job Name:Franklin, IN 46131 Balance; $440.00Due Date: RLR Bridge Project 10/9/2008
Please return this portion with your payment to:
Vine a Branch, Inc.
Amount Enclosed: $IL___~______.....J
e
CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization: 'A--'ir0{\ b{~ At\b. e.hNf lLhru;'\f)
I~~ b{D(Jr\
Point of Contact:
\DCJ ~ ~(Cli-oL::A C'C(Ji <
City, State, Zip: -Ct0r::::.(JGS :I:rJ '-I (; d--~O
Home Phone: {~7 -S~~~~l'd-lc Work Phone: "All ,:siD -~&('-I
Address:
~ P~, .-1 Cel] Phone: 0'7 /.t;'d7< ~q~ Fax Number ( ) _ /' ~ 'f;'v '~ ~ For Profit Organization: Individual: _--,-VNon-Profit Organization: __
Day and Date Requested: -::Su 1--1 /0 (&1ear~~ ~L.J '1"-1 Il, daYi
u\~ \\ Time Requested: I :.00 a.m.~ to: to ~ 00 a.m.~(This includes set-up and clean-up time.)
u\o\O Rehearsal Date:-=Su\,! \ () Time:..) ',DO a.m.~ to 0.' 00 a.m.~
City Facility Requested: <?~o / Fountain Area_=> ~ Pi G~R....£... ~ 01'11'1
Caucus Room (1/3) _ (2/3)_ Council Chambers
Special Requests: Electricity __ Fountain Restroom ~ther ({)UfI-fa,;";l¥!.lEA r;lLf'due~
Purpose: l0~I~l..d Number of People Expected: laO ~ /50
Vendors: Yes ,/ No ___ (If yes, please atp,ch lis, of v~n~or(S)1nfor~\n.)
t'M.--Ti -r \(h\::, LU\ S
Other Requests: City Street Closing (Large Events Only) ___________
Neighborhood Street Closing (Street(s), Address(es) Blocked) __________
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously granted request to use a City facility for
any lawful reason.
Received this ;<O-tAdayof O~fDb e r, 200 t, by the Office of the Mayor.
Mayor's Office
Revised: 01107
Nov 12 2008 10:0SAM HP LASERJET FAX ro· 2
CITY OF CARMELi
FACILITY USE REQUEST F0RM
Name/OrgaDization: f C'. -luC.kf r Co M po (\ \/-I
Point ofContact: C\ "'Sp-\ :D€AA
Address:
City, State, Zip:
LLL q Kf ¥sin o~ Wct\.j
I
latM:(J,( T. II ,.J q<oa3~•
HomePbone: ( ) Work Phone: 00> ,~4".. 715 (
CeHPhone: ( ) Fax Number .L..(--L)...;.:________
For Profit Organization: Non-Profit. Organization: Individual: ___
Day and Date Requested: r-rLt tSs:\ 9.y I~/~
TimeRequested: ~p,m.to: (~: 1;0 ~.m.(fhls ilileludes seC-up and clean-up time.)
Reheanal Date: ==' ---Time: --a.mJp.m. to a.m./p.m.
City Facility Requested: Gazebo Fountain Area_
Caucus Room (113) _ (2/3)_ Council Chambers -A-
Special Requests: Electricity _ Fountain Restroom __ ,Other ______
Purpose: ~~rMJW~ pr.utnf-oJlti'NNumberofPeople E~pected: ft U-;rv
Vendors: Yes ___ No, v (Ifyes, please attach list of vendor(s) information.)
Other Requests: City Street Closing (Large Events Only) ___________
Neighborhood Street Closing (Street(s), Address(es) Blocked) _______----'-_
The Carmel Board ofPublic Works Bnd Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously grAnted request to use a City facility for
, any lawful reason.
Received this I;;;"day of AbuLJl1her ,200~by the Office of the Mayor.
Mayor's Office
Revised: 01107
Doreen Squire F iearn
Executive Director
Cherie Piebes,
President
Franklin Whe1an,
Vice Presidem
Janis Wagner,
Treasurer
Abigail Frantz,
Secretaly
Boani Meni>ers:
Debbie Apple, Artist
Linda Bachofner, Artist
Sandy Barrerto
Kelly Basker , Artist
Elizabeth Brainard
Theresa Brust
joyce BW"rell, Artist
Joan Cimino
Sue Collier
Maria DeSantis
Greg Durthaler
Kathy Henderson
AlexanclraJackiw, CPM
Dee Kerber, Artist
Jayme McComas
Steven Myers
Perer Reist, CPA
Connie T itak
Dorma Tutwiler
Rosemary Waters, Artist
Beverly Weaver
Associates:
Dr. Charles Conrad
Marjorie Flynn
Douglas Haney ESQ
Sandy Hellyer
Evan Lurie
Lisa Rupp, Artist
Rose Schnell
Carol Skinner, Artist
Lifetime M enDets:
Prof. Eckvard Manerta, Artist
Phyllis Morrissey
Berty Sanford
~oJ?Jmd~~~
November 5, 2008
Ms. Wanda Moran
City Desk
City of Carmel,
1 Civic Square
Carmel, In. 46032
The Carmel Arts Council, Wanda........
would greatly appreciate the use ofthe Caucus Room on the third
Wednesday ofeach month in 2009 as listed below: Approximately
25 board members will be in attendance at each meeting.
We will not need the Caucus Room in July, August and December.
,11e...<!-f-,"I'\Cj +,t'YI~~::> s:oufJtYI -7.'.:.)D~~...\
JANUARY 21
FEBRUARY 18
MARCH$/q
APRIL 15
MAY 20
JUNE 17
SEPTEMBER 16
OCTOBER 21
NOVEMBER 18
We greatly appreciate being able to conduct our board meetings at City
Hall. Thank you.
~
Doreen Squire Ficara
Executive Director
Office: 776 H awtb>me Drive, Cannel, IN 46033 (311)844-4989 DSFCanne1arts@ yaOOo.com
World's Sma1Iest Children's Art Gallery
Gallery: 40 West Main Street, Carmel, IN 46032 (317,)582-1455
CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization: Ie (1, lIC \:: I I!......-<n,? L :;:>',
Point of Contact:
Address:
City, State, Zip: IlldICL/Jp-4?dJ /; s /!! 'i-b 2-~CJ
Home Phone: CcSi?LS-81 -0,3 J I Work Phone: L(---1.)________
Cell Phone: ( ) Fax Number 1..(_)L...-_________
For Profit Organization: Non-Profit Organization: Y Individual: ___
Day and Date Requested: In, $;:', F"t 5") ~S, Ape Q, fll£Ly 7, rr11 e 'f) 1/)
Time Requested: fe ,'30 a.m.lAirt) to: 2:312 a.m.~(ThiS includes set-up and clean-up time.) J '(q J ;;2 ~ ~ ~~ ~009
Rehearsal Date: Time: a.m.lp.m. to a.m.lp.m. OJ'f ~0
City Facility Requested: Gazebo Fountain Area o f)...OOtj'
G~~~(1I3)~ Council Chambers
Special Requests: Electricity __ Fountain Restroom __ Other _______
r
Purpose: () fa 11 t1 J~ Number of People Expected:
Vendors: ~es =c;) (!fyes, please attach list ofvendor(s) information.)
Other Requests: City Street Closing (Large Events Only) _.....::H_'--'Q'-'<· _______
............O~,;.Neighborhood Street Closing (Street(s), Address(es) Blocked) --4lY~ · ' _____
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously granted request to use a City facility for
any lawful reason.
Received this /0+1, day of Ala V e-m Jer, 200--.i, by the Office of the Mayor.
i
Mayor's Office
Revised: 01107
-I
Resolution NO. BPW -~-11£-tJ5' -~7"
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE
ADOPTION OF STRUCTURAL AMENDMENTS TO COEXISTENCE AGREEMENT
WHEREAS, pursuant to the Coexistence Agreement, attached hereto as Exhibit A, by
and between the Board of Public Works of the City of Carmel, Indiana (the "BPW") and
American Aggregates Corporation d/b/a Martin Marietta Aggregates ("Martin Marietta"), the
BPW and Martin Marietta entered into an agreement setting forth the rights for each party as
they relate to a parcel of property being condemned by the BPW;
WHEREAS, Martin Marietta and the BPW wish to amend that Coexistence Agreement
as outlined in the Structural Amendments to Coexistence Agreement, attached hereto as Exhibit
B'-'
WHEREAS, the BPW believes these Structural Amendments will be in the best interest
of the City of Carmel and will serve to further define the rights and responsibilities of the BPW
and Martin Marietta as they relate to the property;
NOW, THEREFORE, BE IT RESOLVED AND AGREED by the Board of Public
Works and Safety of the City of Carmel, Indiana, as follows:
1. The BPW hereby authorizes the Stuctural Amendments to the Coexistence
Agreement as outlined in Exhibit B.
2. That the members of the BPW are hereby authorized to execute any and all
documents required in connection with the amendments to the Coexistence Agreement.
3. That the members of the BPW hereby delegate the execution of all documents
required for the condemnation and/or purchase of the property referred to therein to John M.
Duffy, Director of Utilities ("Duffy"), and authorize Duffy to approve non-substantial changes in
form or substance to the Structural Amendments or the closing documents or condemnation
documents as may be necessary or appropriate to accomplish the purposes of this Resolution,
with any such approval to be conclusively evidenced by the authorized execution of such
documents.
\ '
-.~
EXHIBIT A
EXECUTION COpy
COEXISTENCE AGREEMENT
THIS COEXISTENCE AGREEMENT (this "Agreemcnt"), made and entered into
effective as of the ;2., ..... day of~, 2007, by and between MARTIN MARIETTA
MATER1ALS, INC ., a Delaware corporation, also known and doing business as Amelican
Aggregates Corporation (hereinafter jointly referred to as "Martin iVlarietta") nnd the BOARD
OF PUBUC WORKS OF THE CITY OF CARMEL, a body politic of the state of Indiana (the
"BPW"),
Witnesseth that:
BACKGROUND
Martin Marietta is in the business of extracting and selling sand, gravel, limestone and
other prodllcts (hereinafter collectively · referred to as "Products" or "Minerals") for use in the
local construction industry and trades. To this end, Maltln Mariella, and its predecessors, have
undeltaken both surface and subsurface mining from a point south of East 96 th Street to a point
I 16thnorth of East Street, on both sides of what is now known as Hazel DelJ Parkway
(previously known, in some sections, as River Road) as wcll as on both sides or Gray Road, in
both Marion County and Hamilton COllnty~ Indiana, as the C[lse may be. rvlartil1 Marietta has
prcviollsly extracted minerals from .;;t pnrccl which is approximately 20 acres in size, more or
less, located near the southeast corner of the intersection of Gray Road and East 106th Street in
Hamilton County, Indiana, (excluding any area east of the west right of' way line of the
106tllNorth/South service rond curtently serving Concrete I ndustries, Inc . from St.) slich
property being more particularly described on Exhibit A attached heretQ and incorporated herein
by this reference (the "Property").
Martin rv.larietta currently mines Products from benenlh the surface of the Property by
means of blasting. BPW has noti fied Martin Marietta that it intends Lo acquire, by contract, or
through its eminent domain powers, the entire Property by taking title to and possession of the
ponion or the Property lying above the highe,st point or the ceiling 0[' the mine (611 feet above
me,lll sea level) (hereinafter rcfen:ed to as the "Surface Parcel") immecliately, and laking title to
and possession of the pOl1iol1 of the Property situatecl beneath the Surfacc Parcel (hcreinaHer
referred to as the "Subsurface Parcel") "fter Martin Marierta has had sufficient lime to complete
removal of the limestone and other Products' contained thcrein . To that end BPW has filed a
Complaint under the Indiana Eminent Domain Act, IC 32-24-1 ct. seq., whIch [JC[ion is styled
and now pending as Board of Puolic Works nnc! Safety of the City of Carmel, Indiana, on behal r
of Calme) Utilities vs. American Aggregates Corporation, cllb/a Mmtin Marietta Aggregates,
Hami Iton Superior Cause No. 291)01-061 O-PL-I 055 (the" Lawsuit"). rv[artin Marietta and BPW
anticipate and intend to reach agreement on the tenllS upon which BPW may acquire the
Property pursuant to its elilinent domain powers, lenving, hmvevcr, to be decided at a later date
either through negotiation or trial by jury pursuant to the Eminent Domain Act in the Lawsuit the
amount of damages to which Martin Marietta is entitled as a result. of the taking or the Properly.
Martin Marietta and BPW anticipate entering into a purchas~ agreement detailing all of the tenns
ofBPW's acquisition oflhe Property, whichngreement will incilldeall of the terms for the initial
acquisition of the Surface Parcel and the deferred acquisition oflhe Subsurface Parcel.
BPW acknowledges that Martin Marietta has extractcd Products from the Property and
sun'Ollnding areas for many years and intcnds to continue to remove ullderground limestone and
other Products from the Subsurface Parcel and from the surface and subsUiface on parcels
sUlTounding the Property, and that it intends to continue to r<:;move the stone primarily by
blasting and using such means and methods os are pennitted lillcler applicable laws. Further,
Marlin Marietta operates an active mine on property adjacent to the Property and cun'ently does
and will continue to trnllsport, cnlsh, screen, blast, wash, convey, stockpile, sell, and engage in
other activities nonnal and incident to the operation of a crushed stone quarry or mine and a sand
and gravel mine or quarry, using such means an'd methods os are permitted under applicable state
and federal laws.
Martin Manetta has agreed to waive any and a11 objections that it might otherwise have to
the right, power and process undertaken by BPW to take the Property pursuant to the Indiana
Eminent Domain Act under and pursuant to the Lm:vsuit, in exchange for the agreement of BPW
to enter into this Agreement. BP\V hereby further acknowledges and agrees that Marlin Ma"rietta
would 110t waive its right to object to the proposed taking of the Property by BP\V but for the
entry into this Coexistence Agreement and the agreement of BPW to abide by the terms and
conditions hereof.
NOW, THEREFORE, in consideration of the foregoing premises, and the sum ofTen and
0011 00 Dollars ($10.00) and other good and valuable considerAtion, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree m: follows:
GENERAL PROVISIONS
I. Incorporation of BackgroundlReciLnls and Effect of Agreement on Future
Contracts and Proceedings. The bac.kground and recitals set forth above nre incorporated herein
by this reference a~ if fully restated herein as parL or this Agreement. Upon execlItion of this
Agreement, Martin Marietta ancl BPWsha11 be bound as follows:
A rVlat1in Marietta agrees to wai\;c any and all objectiolls that il might otherwise
have to the right, power and process undertaken by BPW to lake the
Property pursunnt to the Indiana Eminent Domain Act under and pursuant
to the Lawsuit; and
B BPW agrees 10 be bOllnd by the tenns of this f\greement whether the parties
enter into il plll'chase agreement detailing all of the tenns of BPW's
acquisition of the Property, or whether it obtains the Property pursuant to
its eminent domain powers.
2. BPW Covenants. BPW hereby covenants, acknowledges and agrees that for good
and valuable consideration, including but not limited to the agreement of Marlin Marietta to
waive any objections it may have in and to the right of BPW io acquire .the Property, as follows:
2
A BPW shall initially develop and construct upon the Surface Parcel water
treatment facil ities and related improvements ("Water Treatment
Facilities") for the purpose of receiving, processing and distributing potable
water. Such WaleI' Treatment Facilities and any other lIses or
improvements on Property shall be designed, constlUcted and maintained
by BPW so as to withstand the iinpacts of the activities of Martin Marietta
known by BPW priqr to construction of the Water Treatment Facilities and
nOl1nally conducled in Martin Marietta's business, including blasting,
whether conducted on the Subsurface Parcel or any other property owned
or controlled bytvlartin Marietta so long as Martin Marietta's activities
comply with state and federal law as the same exist on the date of this
Agreement and its mining practices and plans cOlllply with the Martin
Marietla Covenants set out in Section 3 of this Agreement.
B BPW agrees that, for twenty-five (25) years from and Clfter the date of this
Agreeinent, the SUli'ace Parcel shaH be used oClly ror the development,
construction and operation of such Water Trearmenl Facilities, together
with other ancillary municipal uses ("Facilities"), provided that such
ancillary uses do not lise more than 25% of the surface area of the Surface
ParcGl. However, BPW agrees that the ancillary uses shall not include any
LIse which is considered hazardous, toxic, or requires a NPDES pennit, air
discharge pennit, or Ihar could adversely affect the lise, enjoyment or value
of the Subsurface Parcel or Ihe adjoining property.
C BPW hereby waives, releases, and agrees to indelllili fy: defend and hold
hml111css Martin MarieHa for fill claims, whether based in contract, tort or
nuisance (1I1e1 for damage or dal11agealleged to have occurred to the
improvements conslructed by BPW on the Surrace Parcel, or for any other
matter or' ihing conducted or operated by BPW (qr anyone on the Surface
Parcel PWSU<1nt to authority gran led by BPW) on the Surface Parcel, which
actions .stem from activities undertaken or aClivilies alleged to have been
undertaken by Martin Marietta in and about the Subsurface Parcel or the
propel1ies owned, leased, or otherwise controlled by Marlin Marietta wilhin
a IWO mile radius of Ihe PropeI1y, so long as such aClivities were
undertaken by Martin Mariella in accordance with the covenants sel forth
below in Section 3 of Ihis Agreement and the applicable state and federal
Jaws for. sllch operations as of the date of this Agreement. This release,
discharge; 'and indemnity as provided for above, includes but is not limited
to any and all reasonable legal fees incurred by Nlw1in Marietta in
cleier"lding. from any and all claims, actions and cal1ses of actions of any
kind or nature arising Ollt of rhe operations of Martin Marietta on its
property, whether based in conlract or tort, so long as sLlch operations
comply with the covenanls set -forth below in Section 3 of this Agreement
and applicable stnle and federal laws. The indemnity set forth herein shall
be interpreted as broacll~ as permitted by [lidia/HI law.
3
D BPW hereby agrees thal it shall not attell1pt to take possession of the
Subsurface Parcel without Martin Marietta's consent until after Martin
Marietta has completed all excavation and mining related operatiolls on the
Suhsurface Parcel. Flll1her, in the event BPW or any successor to BPW
shall nonetheless breach this covenant, and attempt to take possession of
the SubslIIface Parcel prior to the above referenced event without Martin
Marietta's consent, Mal1in Ivlatietta shall be entitled to damages in an
amount equal to the value of the entirety of ihe Propel1y as if the plior
acquisition of the Property never occurred and without sct-off for any
amounts previously paid by BPW for the Property.
E BPW further acknowledges that one of the reasons Martin Matietta has
resisted the taking of its property is a concern that the proximity of a public
facility to its mining aClivities might be used in the future to limit, curtail or
prohibit Martin Malietta's mining activities. BPW has assured Martin
Marietta that neilher its Water Treatment Facilities nor any other use of the
Property by BPW, nor its ownership of the Property will be used by BPW
to curtail, limit or prohibit any mining activity by Martin Marietta that is
lawful under current state or federal law and which mining uctivity is
consistent with the Martin Matietta Covenants set Ollt ill Section 3 of this
Agreement. This Agreemem shall thus be interpreted and applied to further
such agreement to the maximum e~tenL possible and this provision shall
prevail over any other part orthis Agreement that is in any way inconsistent
with it. The rule of construction that provisions of an agreement shall all he
given effect andhal11lOnized shall not apply to any inconsislency of this
provision with any other part of-this Agreement and lhis provision shall be
given primacy in all cases of ambiguity or inconsistency.
F BPW acknowledges That Martin Marietta has amlJ1ged its facililies and
operations based on its ownership of the entire tract of which the Property
is a P,1I1 and agrees that BPW will not take any netion against Martin
Marietta lhat would require Martin Marietta to change, diminish, modify, or
eliminate operations to make them compliant with environmental, Innd usc,
or nuisance based laws that may illeasure impacts or compliance at the new
propel1y line established by the acqllisition. As' a pan of this Agreement,
and prior to the convtyance or taking of allY property, the parties ·shall
prepare and execlIte all acceptable easement pemlitting the determination of
complia·nee with any and all loc,d, ~tate, or federal laws, rules, or
regulations governing blasting impacts, air emissions, noise, light, water
discharge, applicable setbacks, side yards or similar restrictions, and any
other impacts fronl Martin Marietta's minillg operations at the rights of way
lines along 1061h Street unci Gray Road, as if Martin Marietta was the fec
owner of the Property, as long as the granting of the easement is in
accordance with applicable state and federal laws, and such equipment
utilized in this regurd is erected in accordance with all applicable state and
federal Inws and the granting of the easement and placeillent of such
4
equipment is done in a manner that BPW reasonably detennines will not
interfere with its construction and operation of the Water Treatment
Facilities.
G BPW shall grant Martin Marietta an easement, leasehold, or other estate in
land pennitling it to traverse the subsurface parcel for purposes of
accessing Martin Marietta's other property, operating the rest of its mine
safely, or complying with any other govenm1ental law, rule, or regulation
after the Subsurt:1ce Parcel is acquired by BPW.
H BPW acknowledges that subsequent to its acquisition of the Surface Parcel,
and during and aOer the construction of its Water Treatment racilities,
Martin Marietta intends to continue to mine the Products from the
Subsurface Parcel. BPW agrees 10 compensate, indemnify, defend and
hold hannless Martin Marietta from and against any and all damages, costs,
claims or causes of action of any kind or nature, caused by BPW, Carmel
Utilities or any of their employees, agents, contractors, engineers, architects
or representatives or other iJersons working on behalf of BPW whether
based in contract or tort, in respect of any damage or destruction to any
property of Martin Mariettaand/or persons situated in or about, or
employed and/or used in connection with the ,nining of Products from
Subsurface Parcel or any adjoining parcels, wherher surface, or subsurface,
during the constnlction anellor subsequent operation orthe Water Treatment
Facililies. BPW shall pay all such damages or claims 10 Martin Marietta,
including all reasonable at!ollleys' fees and costs incum~d in connection
with enforcing the provisions of this paragraph H, within sixty (60) days of
the sllbmis$ion of a claim therefore by Martin MMietla, which claim shall
include reasonable detail itemizing any and all damages and costs incuITed
as a result of the activities orBPW in connection with the SlIrI~lce Parcel.
3. Martin Malietla Covenants. Mm1in ivlarietlCl hereby covenants, acknowledges
and agrees, for itself, its flgents, employees, and afti'liated companies, (hat for good and valuable
consideratioll, including but not limited 10 the covenants agreed to by BPW herein, as tollows:
A iVlurtin Marietta will continue to mine the Subsurface Parcel and any other
property owned or controlled by Martin Marietta in the imlllediate area,
llsing such mining practice~ and methods as arc pel1Hilicci under applicable
state ancl federal laws.
B Martin Marietta has advised BPW that it intends to lower rile floor of the
existing Subsurface. Parcel, which wil/affect the hcight of the pillars
supporting the roof of the underground mine. Martin Marietta agrees,
within fourteen (14) clays after execution or this Agrecment, to provide
BPW witil the details' of its plan to lower Ihe floor of the existing
Subsurface Parcel and BPW has OJ" will satisfy itself that the support
remaining thereafter is adequate to support whatever load BPW's activities
5
place on the roof of the mine. Mm1in Marietta agrees to cany out its efforts
to lower the floor of the Subsurface Parcel in accordance with the plan
provided to BPW, and agrees not to materially deviate from that plan and
not to change the support system under the Property, or within 200 feet of
its perimeter without giving BPW ninety (90) clays notice of allY changes to
that plan prior to implementation, and obtaining BPW's written consent.
BPW's consent shall be given wilhin seventy-five (75) days of said notice
and shall not be unreasonably withheld.
4. Changes after Inspection. The parties agree that BPW or its agents need to
investigate and inspect the mine, the Property and the Surface and Subsurface Parcels. Martin
Marietta agrees to permit such investigations and inspection to occur immediately lIpon
execution of this Af,rreemenl. Such inspection includes, but is not limited to, inspecting and
measuring, surveying, photographing (including video recording), testing or sarnpl ing the
Propel1y, including the mine and the Subsurface Parcel. After it acquires possession of the
Surface Parcel, BPW can install <lny testing equipment on the Surface Parcel that it finds useful.
Additionally, in order to allow BPW or its agents to properly investigate the mine, Martin
Marietta agrees to provide BP\V immediately upon execution of this Agreement with the
following documents andinfonnation: (i) a copy of the lease between Concrete Construction,
Tnc. and Martin Marietta for the property just south of the Property; Oi) copies of any title liens
and encumbrances thar are known to Martin iVlal;etla but not filed of record in the otlicc of the
Recorder of Hamilton County, Indiana, in respect of the Property; (iii) a copy of the mining plan
for the Surface and Subsurface Parcels and the area wirhin 200 feet immediately sllITounding it;
(iv) all reports and documents evaluating the stluctural slippon system for the mine which have
been prepared by Agnpito Associates: Inc., or llsed by Agapito Associates,. rnc., in prtpnrmion of
those repol1s and documents; and (v) a copy of any surveys.or drawings ot' the mine undell1eath
the Propelty. If, after inspe.cting the above documents and information, BPW or its agelHs need
additional documents or intonnatioll related to the tCIl11S of this Agreemcnl to properly
investigate and inspectlhe mine, Mal1in ~'arietla agrees to cooperale wilh BPW to provide the
documents or Inf"omlation to 8PW. The purpose of the inspection sh,II' be to pennit designated
BPW employees and its consultants to ev:!Illate the strUl:wral feasibility or the use of the
Propeliy for BPW's purposes contemporaneously with Mm1in Mariella's use of the subsurface
parcel for mining, inchlcling <lily changes that may be made by rVlartin Marietta in the
configuration of the mine that would affect (Iny use of the Propel1y hy BPW. II is contemplated
by the pm1ies thai this present~ principally structurnl issues to be evaluated by srw and its
consultants based on their inspection. Within 30 days following receipt of the report on the
inspection from Jones & Henry Engineers, Uti ., BPW shall notify Martin Marietta in writing if it
finds it reasonably necessary, to modify tl)is Agreement to make the Propcl1y·structurally sound
so that the Water Treatment Facilities can be safely constructed and operated on it concurrently
with Martin ~"'ariella's anticipated mining activities in thc area. Any such amendment proposed
by BPW is hereinafter referred to (IS the "Sll1Jcturally Required Amendment". Additiom11ly,
BPW shall notify Mm1in Marietta in writing within 30 days following receipt of the report on the
inspection from Jones & Henry Engineers, Ltd. ifit finds that it is reasonably necessary 10 amend
the Agreement to modify the boundalies of the Property to allow the Water Treatment Facilities
to be safely constructed and op.crated on it, and such proposed amendment shall be considered a
Structurally Required Amendment for purposes of this Section 4. Any modification of the
6
boundaries of the Property shall not materially interfere with Martin Marietta's mining of the
Subsurface Parcel or any surface parcel. [f BPW fails to give notice of such a Structurally
Required Amendment, it shall be deemed 10 have waived its right to propose any changes to this
Agreement and shall be bound by il. TIle notice shall specify each change or addition to this
Agreement or the telms of its acquisition of the Property that· BPW wishes made as a Structurally
Required Amendment. Provided, ho~evc;:r, that BPW shall not be pennitted to propose: (A)
changes in allowed blasting limits as long as those follO\\'ed by Martin Marietta meet all
requirements of state and federal law; (B) any change that legally or practicn\ly impairs Martin
Marietta!s ability to traverse the subsurface parcel to access other portions of its property, or
impairs the use of other portions of Martin Marietta's propel1y 110t under or within 200 feet of
the Property; and (C) any change that legally or practically materially impairs Martin Marietta's
nbility to mine any subsurface or surface parcel. If BPW gives timely notice of a Structurally
Required Amendment, thereafter the parties shall negotiate in good 'faith to resolve any disputes
over the requested amendment. I f the parties are unable to agree to the Structurally Required
Amendment proposed by BPW and, in the reasonable opinion of Martin Marietta, such
amendment will have a material adverse impact on any aspect of Martin Marietta's operations,
Martin Marietta may elect: (1) to withdraw from this Agreement and raise any defense or claim
available LO it with respect to the condemnation; or (2) accept the change and recover full and
fair compensation as determined by the Court from BPW for the impact of BPW's requested
changes 011 Martin Marietta's operations, profits, reserves, or the value of its land. If Martin
Marietta decides to withdraw from this Agreement as a result of Structui'ally Required
Amendment, this Agreement will terminate, BPW may proceed with its condemnation, Martin
Marietta will be free to pursue the objections that it has r-iled in the Lawsuit and BPW will nOl be
limited in any way by the terms of ·this Agreelilent. J f BPW dctcnllines as a result of sllch
inspection of the mine by BPW or its agents that: for reasons other than a Structurally Required
Amendment, it is not economically feasible for BP\V to develop and construct the Water
Treatment Pacilities on the Surface ' Parcel while Mnrtin Marietta continues to mille Products and
ivlinerals from the Subsurface Parcel or from Martin MarietlCl's other mining operations, BPW
agrees to dismiss the Lawsuit and abandon its efforts to acquire by eminent domain all or any
p:lrt or the Property or any other property owned by Mmtin Marietta south of J 161h Street and
east of Grny ROCld for purposes of constructing Water Treatment Facilities. Other than [IS set
forth above ill this Section 4 in respect of a Structurally Required Amendment, Martin Marietta
shall not he compelled or required to negotiate an amcndment to this Agreement and BPW shall
not be allowed to declare it terminated.
5. Purchase of Water. The parties agree to negotiate in good faith for BPW to
purchase the water that tvlal1in Marietta removcs from ihe Property or ~lI1y adjoining propel1ies
owned or controlleclby Martin Marietta.
6. Sesimic Monitoring. After BPW's inspection and the resolution of any proposed
Structurally Required Amendments, if BPW still desires to acquire the Propcrty, it shall be
entitled to install and maintain a seislllo!:,lTaph 011 the Property for a period of not more than 30
clays. All data gathered shall be the properly of Martin Marietta and subject to the
Confidentiality Agreement entered into between the pal1ies contemporaneously with this
agreement.
7
7. Confidentiality and Return of lnfonnation. All documents and infonnation
provided to BPW or obtained by it pursucll1t to this Agreement, including but not limited to
seismic data from any monitor located on site while Martin Mmietta still owns stich property,
shall he subject to the Confidentiality Agreement referenced above.
8. Use of Material by Experts. Each person (other than John Duffy) that is given
access to any infonnatioll that is designated confidential, or who enters Martin Marietta 's
propeliy for any reason in connection with this Agreemcnt shall first agree that no confidential
infonnation obtained by him s.hall be used in any other case and that he will not agree voluntarily
to be a witness or a consultant for BPW, the City of Cannel, or ahy official of the City of Cannel
in any presently pending case or any case arising out of the facts of [IllY presently pending case
involving Martin Marietta or the mine at issue, except for disputes· that arise out of the
construction of the Water Treatment Facilities, this Agreement, or the Confidentiality lind
Nondisclosure Agreement or Agreement for Purchase and Sale executed concurrently tberewith.
9. Notices. Any notic~, demand, request or other commupic3tion which any party
hereto may be required or may desire to give hereunder shaIIbe in writing, addressed as follows
and shall be deemed to have been properly given if hand delivered (effective upon delivery), if
sent by reputable overnight courier (effective the business day following delivery to such
courier) or if mailed (effective two business days after mailing) by United States registered or
cel1i lied mai I, postage prepaid, ·retum recei pt requested:
Ir to Mat1in Marietta:
Mmtin Marietta Matcriuls, Inc.
1980 East I I 6th Street, Suite 200
Canncl, IN 46032
Attcntion : John J. Tiberi, President -Mideast Division
with a copy to:
tvlal1in Marietta· Materials, Inc.
PO Box 30013
Raleigh, NC 27622
Attn: Helen Haynes, Associate Gcneral Counsel
and to:
ICE MILLER, LLP
One American Square
Suite 3100
Indianapolis, IN 46282-0002
Attention: Zeff A. Weiss, Esq.
8
If to BPW:
Board of Public Works of City ofCanncl
Cannel City Hall
One Civic Square
Cannel, Indiana 46032
Attention: John DutTy, Director
with a copy to :
Bingham McHaJe LLP
2700 Market Tower
lOWest tvlarket'Street
Indianapolis, TN 46204-4900
Attention: Randolph Seger, Esq.
or at such other address as the party to be served with notice may have furnished in writing to the
party seeking or desiring to serve notice as a place for the service of notice. Notices given in any
other fashion shall be deemed effective only lIpon recclpt.
10. Modification. Waiver. No modification, waiver, amendment, discharge or change
of this Agreement shall be valid unless the same is in writing and signed by the party against
which the ellforcement of such modilication, waiver, amcndment, discharge or change is sought.
II. Governing Law. This Agreement shall be governed by and construed under the
intelllnJ laws (as opposed to the laws of contlicts) of theStatc of Indiana.
12. Execution in Coulltcmnrts. This Agreement may be executed in any number of
counlcrpm1s and by differcnt parties hereto in separate cGtl11terparts: each of which when so
executed dcemed to be an original and all of which taken together slUlI! constitute one and the
same agreement.
13. Successors and Assigns. The provisions of thi$ Agreement shall be binding upon
an lIlure to thc benefit of the parties 'hereto and eal;h of their respective representativcs,
successors and assigns, subject to the provisions herein restricting assignment.
14. ConOicts. III the event oLm inconsistency between the t(;l1115 of this Agreement
and any of the lenns of the Indiana Eminent Domain Act, Ih(;: tel1llS of this Agreement shall
control.
IS . Jurisdiction. With respect ro any suit, action or proceedings relating 10 this
Agreement, each party irrevocably (i) agrees to submit any claim 10 the United States District
COLiri for the Southem District of Indiana ami (ii) waives any objection which it may have at any
time to the laying of venue of any proceedings brought in any such COUI1, waives any claim that
slich proceedings have been brought ill an inconvenient forum and further waives the right ro
object, wi th respect to such proceedings, that slIch court does not have jUlisdiction over such
9
party. However, to the extent that such court independently determines that it lacks jurisdiction,
the mattcr call proceed in the appropriateforutn .
16. Attomeys' Fees. If either party institutes an ~ction against the other party relating
to the provisions of this Agreement or any default hereunder, the unsuccessful party to sllch
action will reimburse the successful party for the reasonable 'attorneys' fees, disbursements and
other litigation expenses incurred by the slIccessfi.1I party.
17. Severability. If any provisipn of this Agreement is determined by a COlirt having
jurisdiction to be illegal, invalid or unenforceable under any present or future law, the remainder
of this Agreement will not be affected thereby. It is the intention of the pat1ies that if any
provision is so held to be illegal, invalid or unenforceable, there will be added in lieu thereof a
provision as similar in ternlS to such provision as is possible that is legal, valid and enforceable.
18. Headings, The headings used in this Agreement are for ease in reference only and
are not intended to affect the interpretation of this Agreement in any way.
19. Amendment. Neither this Agreemcnt nor any of the proVIsIons hereof can be
changcd, waived, discharged or terminated, except by an 'instrument in writing signed by the
party against whom enforcement ofthe change, waiver, discnarge or termination is sought.
20. Supersession. This Agreement supersedes, in all respects, all prior written or oral
ngrcements between the parties hel'eto relating to ihis Agreement and there are no agreements,
understandings, warranties or representations between the parties except as set forth herein.
21 . Construction. The parties acknowledge thar each party and each party's cOllnsel
have reviewed and revised Ihis Agreement a.nd th<lt the nonnal nile of construction to the effect
thal any ambiguities arc to be resolvec1 ngainst the drafting party will not be employed in the
interpretation of this Agreement or any ~m(;l1dmcnts or schedules hereto.
22. Authorization. The persons executing and delivering this Agreement on behal f of
the panics hereto represent and wamll1t to the other p,1I1y that slich persoll is c1uly authorized to
act for and on behalr of said party, and execute and deliver lhis Agreement in slich capacity as is
indicated below.
IN WITNESS WHEREOF, the undersigned parties have caused the execlltion of this
Agreement by their duly authorized ofticerlpanncr as of the day, month ancl year first above
wri Iten.
BOARD OF PUBLIC WORKS OF MARTTN MARIETTA MATERIALS, INC.
CITY OF CARMEL, INDIANA
BY:~~
Ja?l1eSirainard, President
10
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
J
Date: . I ~. s.. . ,,
ke .Member
Date:
~-J 7 -:-0 2
'--1laf-1k.~
. Lori Watson, Member
Date: ____________
ATTEST:
STATE OF INDIANA )
) SS:
COUNTY OF -±to..-~~I ~y"\ )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard. Mary Ann Burke, aRQ beri WitSQR,by mekno!"n to be the Members 'ofthe Ci~ of
, ":SQAMo..~~",,,,,~ ~y ~
Carmel Board of Public Works 'and Safety, and Diana.L. Cordray, Clerk-Tr~asure of too City of
Carmel, who acknowledged the executio~oftheforegoing "Agreement" on bellalf of the City of
Crumel, Indiana.
'1 . . --~
Witness my hand and Notarial Seal this t1 , " ~::.\~.day of S"-1p£-·.)~07
/i ~. ·r· It(l', ~~~--I -.
NOTARY PUBLIC ~ -.~ .-:
C. An" :c)-~~~.../
.. ry'., ............. • ,
My Commission Expires:
ii/riot
--
STATE OF INDlANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiberi, the President -Mideast Division of ivlartin Malielta Materials: Inc., who acknowledged
the execution of the foregoing Coexistence Agreement, and who, having beei1 duly sworn, stated
thaI any representations therein contained are true.
Witness my hand ilnd Notarial Seal thiS~.y o~October, 2007.
12A£ L4r~
(sigT!ature)
jivia-j(. {!p /It:J. r/tJ ~'
(printed name) Notary Public
My Commission Expires: kif-«-COllnty of Resi<lence: !/ant"dck. ,,.~
f, ,.. "":':-. ".. "' -::STATE OF INDIANA ) ~. : ...:,. ... -..
) SS: _r.. .,:.. ...... _--COUNTY OF MARION )
Before me, it Notary Public in and for silid County and State: personal appeared James
Brainard: the President of the Board of Public Works of the Cit)' of " rmcl, Indiana, who
acknowledged rhe execlltion of the foregoing Coexistence Agrecme , and who, tHlVing been
duly sworn, stated [hat any representations therein contained arc true:
Willless my hand <lnd Notarial Seal this day oCRfctober, 2007.
(signature)
(printed name) Notary Public
My Commission Expires: _____ COLlnty o (Residence: ______
This instlUment prepared by a when recorded retu'm to:' f,eff'A. Weis$, Esq, Ice tvliller LLP,
One American .square, Sui 31 00, Indianapoli~, .IN 46282. 'f-affinn7under the penalties for
peljury, that I have tak , reasonable care 10 redact each, Social Security number in this
document, unless required by law. Zeff A. Weiss
.
II
111980824.4
EXHIBIT B
STRUCTURAL AMENDMENTS TO COEXISTENCE AGREEMENT
In accordance with the provisions of Section 4 of the Coexistence Agreement dated
September 27, 2007 ("Coexistence Agreement"), entered into by MARTIN MARIETTA
MATERIALS, INC., a North Carolina corporation, also known and doing business as American
Aggregates Corporation (hereinafter jointly referred to as "Martin Marietta") and the BOARD
OF PUBLIC WORKS OF THE CITY OF CARMEL, a body politic of the state of Indiana
("BPW"), the Coexistence Agreement is hereby amended this 3.L.c.aay of October, 2008, to
include the following provisions.
1. Martin Marietta agrees that it will: (a) begin its benching as described in the
report by Agapito Associates, Inc. entitled "Single Expanded Level Study North Indianapolis
Mine Indianapolis, Indiana" and dated October 2007 (hereinafter referred to as the "Agapito
Report") in an area located 100 feet or more outside the perimeter of the Surface Parcel ("Surface
Parcel" and any other defined tenns from the Coexistence Agreement have the same meanings
herein unless otherwise stated); and (b) observe the perfonnance and characteristics of the rock
and adjust the procedure accordingly before proceeding with benching into the area under the
Surface Parcel and within 100 feet of the perimeter of the Surface Parcel; provided, however,
that the failure of Martin Marietta to observe the perfonnance and characteristics of the rock as
referred to in (b) above, and to adjust its procedures accordingly, shall not impose any liability
whatsoever upon Martin Marietta, unless such failure is a willful and wanton disregard of
commercially reasonable standard mining practices which results in damage to property owned
by BPW on the Surface Parcel.
2. Martin Marietta agrees to incorporate a modified pillar design into its mining plan
that leaves rock between select pillars resulting in widened pillars at certain locations under the
4. Martin Marietta agrees to coordinate its blasting activities with BPW's
construction activities that involve newly poured concrete. To the extent practicable, Martin
Marietta agrees to refrain from blasting the area directly under the Surface Parcel and within 100
feet of the Surface Parcel during construction of the Water Treatment Facilities. To the extent
that Martin Marietta, in its sole discretion, believes that it is commercially necessary for it to
blast in this area during the period of the construction of the Water Treatment Facilities, Martin
Marietta shall so notify BPW. BPW shall thereafter provide Martin Marietta with written notice
not less than two (2) business days prior to any intended pouring of concrete and any other
activities which may be affected by blasting. Martin Marietta agrees not to blast for a period of
48 hours following completion of any such pouring of concrete which is the subject of any such
notice or notices by BPW to Martin Marietta. Further, and notwithstanding anything herein
contained to the contrary, BPW shall advise Martin Marietta, in writing, not less than two (2)
business days prior to any time or times that workmen involved in the construction of the Water
Treatment Facilities are intended to be working in trenches in connection with any such
construction work. Martin Marietta will not blast during such times when such workers are
expected to be working in trenches on or about the Surface Parcel; provided, however, that such
workmen shall not be in trenches for more than 80 consecutive business days. BPW and Martin
Marietta shall work together to assure an appropriate construction schedule by BPW and at the
same time allow Martin Marietta to blast as necessary in order to operate its adjoining and
subsurface mines.
5. The sentence in the second paragraph of the Background section of the
Coexistence Agreement that identifies the "highest point of the ceiling of the mine" is amended
4
such that "611 feet above mean sea level" is replaced with "559 feet above mean sea level"
because the ceiling of the mine was misidentified in the Coexistence Agreement.
6. Martin Marietta agrees that, to the extent it decides to lower the floor of the mine
located under the Surface Parcel and within 100 feet of the Surface Parcel, it will use reasonable
and safe mining practices and do so consistent with the design dimensions and recommendations
in the Agapito Report, as the same may be amended from time to time. In the event that any
updates relate to mining under the Surface Parcel or within 100 feet of the Surface Parcel, they
will be provided to BPW. If Martin Marietta decides to make any changes or additions to the
existing mine outside the parameters discussed in the Agapito Report, it agrees to use reasonable
and safe mining practices and hire Agapito or a similarly qualified mining engineering firm to
design and implement those changes or additions. Martin Marietta will notify the BPW if it
decides to make such changes or additions outside the parameters discussed in the Agapito
Report.
IN WITNESS WHEREOF, the undersigned parties have caused the execution of these
Structural Amendments to Coexistence Agreement by their duly authorized officer or
representative as of the day, month and year first above written.
CITY OF CARMEL, INDIANA MARTlN MARIETTA MATERIALS, INC.
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
By:
James Brainard, President
Date:_____________ Date: (/to/HA_ "f/, ~8
5
-----------------------------
-----------------------------
---------------------------
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF INDIANA )
) SS:
COUNTYOF __________ )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of
Carmel, In<.liana.
Witness my hand and Notarial Seal this day of , 2008.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: ______
Date: _____________
By: ___~
Mary Ann Burke, Member
Date: ______________
By: ___~-;::~
Lori Watson, Member
Date: _____________________________
6
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9 ~I9IHX3
LEGAL DESCRIPTION -PARCELS I, II & III
PARCELl
A part of the Northeast Quarter or Section 8, Township 17 North, Range 4 East, Hamilton
County, Indiana, described as follows: Commencing at the northeast corner of said quarter
section; thence North 89 degrees 18 minutes 06 seconds West 45.00 feet along the north line of
said quarter section to the northerly prolongation of the west boundary of Gray Road (as now
located, September 1997); thence South 00 degrees 11 minutes 19 seconds West 40.00 feet
parallel with the east line of said quarter section and along the prolongation of said boundary to a
5/8 inch rebar with cap marked "RS FIRM 0018" and the point of beginning of this description,
which point of beginning is the intersection of the west boundary of Gray Road with the south
boundary of 106lh Street (as now located, September 1997); thence continuing South 00 degrees
11 minutes 19 seconds West 2606.03 feet parallel with the east line of said quarter section and along
the boundary of said Gray Road to a 5/8 inch rebar with said cap on the south line of said quarter
section; thence North 89 degrees 24 minutes 40 seconds West 1581.45 feet along said south line
to the center line of Cannel Creek, (passing through a point 50.00 feet on line from said center
line); thence northerly and westerly along the center line of said Cannel Creek to the east property
line of Blue Creek Woods Estates, as recorded in Plat Book 8, page 74; thence North 00
degrees 53 minutes 50 seconds East 715.56 feet (passing through a point 50.00 feet on line from
said center line) along said east line to a 5/8 inch rebar with said cap; thence South 89 degrees 21
minutes 22 seconds East 807.05 feet to a 5/8 inch rebar with said cap; thence North 00 degrees
18 minutes 47 seconds East 1284.08 feet to a 5/8 inch rebar with said cap on the south
boundary of 106lh Street; thence South 89 degrees 18 minutes 06 seconds East 628.57 feet parallel
with the north line of said quarter section and along the boundary of said 106lh Street to a 5/8 inch
rebar with said cap; thence South 00 degrees 11 minutes 19 seconds West 180.00 feet parallel with
the east line of said quarter section to a 5/8 inch rebar with said cap; thence South 89 degrees 18
minutes 06 seconds East 198.00 feet parallel with the north line of said quarter section; thence
North 00 degrees 11 minutes 19 seconds East 180.00 feet parallel with the east line of said
quarter section to a 5/8 inch rebar with said cap on the south boundary of said 106th Street; thence
South 89 degrees 18 minutes 06 seconds East 465.00 feet parallel with north line of said section
and along the boundary of said 106lh Street to the point of beginning and containing 93.901
acres, more or less.
PARCEL II
A part of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana, described as
follows: Commencing at the northwest corner of said section; thence South 89 degrees 55
minutes 59 seconds East 79.79 feet along the north line of said section; thence South 00 degrees
04 minutes 01 second West 60.00 feet to a 5/8 inch rebar with cap marked "RS FIRM 0018" on
the south boundary of 106lh Street (as now located, September 1997) and the point of beginning of
this description: thence South 89 degrees 55 minutes 59 seconds East 1269.94 feet parallel with
the north line ofsaid section and along the boundary of said 106lh Street to a 5/8 inch rebar with said
cap on the east line of the West Half of the Northwest Quarter of said section; thence South 00
degrees 30 minutes 11 seconds West 1609.63 feet along said east line to a 5/8 inch rebar with
said cap; thence North 89 degrees 54 minutes 50 seconds East 1291.05 feet parallel with the
south line of the Northwest Quarter of said section to a 5/8 inch rebar with said cap;
I 342560.vl
thence South 00 degrees 49 minutes 06 seconds West 140.30 feet parallel with the east line of the
Northwest Quarter of said section to a 5/8 inch rebar with said cap; thence South 89 degrees 10
minutes 54 seconds East 50.00 feet to a 5/8 inch rebar with said cap on the east line of the
Northwest Quarter of said section; thence South 00 degrees 49 minutes 06 seconds West 15.94
feet along said east line to a 5/8 inch rebar with said cap; thence North 89 degrees 54 minutes 50
seconds East 1391.28 feet, more or less, (passing through a point 1341.28 feet on line) parallel
with the south line of the Northeast Quarter of said section to the high water mark of White
River; thence South 21 degrees 35 minutes 49 seconds West 350.06 feet along the high water
mark of said White River; thence South 11 degrees 04 minutes 44 seconds West 427 .98 feet
along said high water mark; thence South 06 degrees 20 minutes 28 seconds West 568.01 feet
along said high water mark; thence South 15 degrees 36 minutes 24 seconds West 183.15 feet
along said high water mark; thence South 37 degrees 08 minutes 47 seconds West 76.74 feet
along said high water mark; thence South 02 degrees 57 minutes 20 seconds East 61.15 feet
along said high water mark; thence South 06 degrees 30 minutes 48 seconds West 84.38 feet
along said high water mark to the north property line of the Town of Carmel, as recorded in
Deed Record 270, page 517; thence North 90 degrees 00 minutes 00 seconds West 332.02 feet,
more or less, (passing through a point 50.00 feet on line) along said north line to a 5/8 inch rebar
with said cap; thence South 45 degrees 49 minutes 06 seconds West 1000.53 feet to a 5/8 inch
rebar with said cap on the east line of the Southwest Quarter of said section; thence South 00
degrees 49 minutes 06 seconds West 990.25 feet along said east line to a 5/8 inch rebar with said
cap on the north boundary of 96th Street (as now located, September 1997); thence South 89
degrees 53 minutes 58 seconds West 647.09 feet parallel with the south line of said section and
along the boundary of said 96th Street to a 5/8 inch rebar with said cap; thence North 84 degrees
23 minutes 24 seconds West 100.50 feet along said boundary to a 5/8 inch rebar with said cap;
thence South 78 degrees 35 minutes 22 seconds West 50.99 feet along said boundary to a 5/8
inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 700.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence North 87 degrees 14 minutes 17 seconds West 100.12 feet along said boundary to a
5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 250.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence South 84 degrees 11 minutes 20 seconds West 100.50 feet along said boundary to a
5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 400.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence North 78 degrees 47 minutes 26 seconds West 50.99 feet along said boundary to a
5/8 inch rebar with said cap; thence South 86 degrees 05 minutes 07 seconds West 150.33 feet
along said boundary to a 5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58
seconds West 40.00 feet parallel with the south line of said section and along said boundary to a
5/8 inch rebar with said cap; thence North 46 degrees 16 minutes 03 seconds West 25.95 feet
along said boundary to a 5/8 inch rebar with said cap on the east boundary of Gray Road (as now
located, September 1997); thence North 00 degrees 21 minutes 37 seconds East 2550.11 feet
parallel with the west line of said section and along the boundary of said Gray Road to a 5/8 inch
rebar with said cap on the north line of the Southwest Quarter of said section, thence North 00
degrees 11 minutes 19 seconds East 2550.51 feet parallel with the west line of said section and
along said boundary to a 5/8 inch rebar with said cap; thence North 45 degrees 03 minutes 34
seconds East 49.49 feet along said boundary to the point of beginning and containing 312.557
acres, more or less.
1342560.vl
PARCEL III
A part of Section 16, Township 17 North, Range 4 East, Marion County, Indiana, described as
follows: Commencing at the northwest corner of the Northeast Quarter of said section; thence
South 89 degrees 53 minutes 59 seconds West 17.71 feet along the north line of said section to a
P.K. nail and the point of beginning of this description: thence South 24 degrees 49 minutes 08
second West 282.02 feet to a 5/8 inch rebar with cap marked "RS FIRM 0018"; thence South 65
degrees 1 0 minutes 52 seconds East 215 .00 feet to a 5/8 inch rebar with said cap; thence North
24 degrees 26 minutes 07 seconds East 292.09 feet to a 5/8 inch rebar with said cap on the south
boundary of 96th Street (as now located, September 1997); thence North 00 degrees 00 minutes
43 seconds West 80.34 feet to a P.K. nail on the north line of said section; thence North 89
degrees 59 minutes 38 seconds East 454.59 feet along said north line to a P.K. nail; thence South 54
degrees 26 minutes 23 seconds East 85.36 feet to a 5/8 inch rebar with said cap; thence South 27
degrees 37 minutes 00 seconds East 320.50 feet to a 5/8 inch rebar with said cap; thence
North 59 degrees 20 minutes 00 seconds East 51.64 feet, more or less, (passing through a point
25.00 feet on line) to the high water mark of White River; thence South 21 degrees 41 minutes
05 seconds East 182.99 feet along the high water mark of said White River; thence South 37
degrees 30 minutes 20 seconds East 110.94 feet along said high water mark; thence South 17
degrees 55 minutes 19 seconds East 441.49 feet along said high water mark; thence South 25
degrees 40 minutes 25 seconds East 488.60 feet along said high water mark; thence South 38
degrees 07 minutes 52 seconds East 104.08 feet along said high water mark; thence
Southwesterly along said high water mark 1212.93 feet along an arc to the right an having a
radius of 968.33 feet and sub tended by a long chord having a bearing of South 24 degrees 38
minutes 42 seconds West and a length of 1135.18 feet; thence South 56 degrees 35 minutes 26
seconds West 289.50 feet along said high water mark; thence South 67 degrees 04 minutes 10
seconds West 193.58 feet along said high water mark; thence South 44 degrees 14 minutes 52
seconds West 79.65 feet along said high water mark; thence South 70 degrees 30 minutes 52
seconds West 191.12 feet along said high water mark; thence South 62 degrees 59 minutes 17
seconds West 498.33 feet along said high water mark; thence South 83 degrees 03 minutes 34
seconds West 285.90 feet along said high water mark; thence South 74 degrees 05 minutes 05
seconds West 417.66 feet along said high water mark; thence South 88 degrees 52 minutes 08
seconds West 516.38 feet along said high water mark to the west line of the East Half of the
West Half of said section; thence North 00 degrees 06 minutes 01 second East 3278.25 feet,
more or less, (passing through a point 50.00 feet on line) along said west line to a P.K. nail on
the north line of said section; thence North 89 degrees 53 minutes 58 seconds East 1307.48 feet
along said north line to the point of beginning and containing 171.225 acres, more or less.
The above real estate located in Hamilton County, in the State of Indiana and described as Parcels 1,
II and III shall exclude the real estate described below:
A Part of the West Half of the Northwest Quarter of Section 9, Township 17 North, Range 4
East of the Second Principal Meridian, situated in Clay Township, Hamilton County, Indiana
and being more particularly described as follows:
Commencing at the Northeast corner of the West Half of the Northwest Quarter of said
Section 9, Township 17 North, Range 4 East; thence North 89 degrees 55 minutes 56
Seconds West (basis of bearings) on and along the North line of said West Half 60.00 feet;
thence South 00 degrees 11 minutes 12 seconds West parallel with the East line of said West
I 342560.vl
Half 60.00 feet to a point on the South line of 106th Street as described in Instrument
Number 199500052806 on file in the Office of the Recorder of Hamilton County, Indiana
and the Point of Beginning of this description; thence continuing South 00 degrees 11
minutes 12 seconds West parallel with the East line of said West Half 728.11 feet; thence
North 89 degrees 48 minutes 48 seconds West 1216.19 feet to a point on the Easterly line
Gray Road as described in Instruments Numbered 200500039772 and 200500075502
(Office of the Recorder); thence on and along said East line of Gray Road by the following
three (3) courses: 1.) North 00 degrees 11 minutes 15 seconds East 379.71 feet; thence 2.)
North 15 degrees 38 minutes 57 seconds East 187.53 feet; thence 3.) North 00 degrees 11
minutes 17 seconds East 165.23 feet to a point on the South line of 106th Street; thence
South 89 degrees 55 minutes 56 seconds East on and along said South line 1166.19 feet to
the Point of Beginning, containing 20.00 acres, more or less.
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INTERLOCAL AGREEMENT BElWEEN THE HAMILTON COUNTY SOLID WASTE
BOARD AND THE CITY OF CARMEL
WITNESS THAT:
WHEREAS, the Hamilton County Solid Waste Board obtains tax revenues and
has an annual budget to carry out the purposes imposed upon the Solid Waste Board
by Indiana law; and,
WHEREAS, one of the services partially funded by the Hamilton County Solid
Waste Board is the collection of household hazardous waste; and,
WHEREAS, the City of Carmel maintains a facility and services to collect
household hazardous waste from citizens of the City of Carmel; and,
WHEREAS, the citizens of the City of Carmel pay taxes and revenues which are
used by the Hamilton County Solid Waste Board; and,
WHEREAS, it is just and reasonable for the Hamilton County Solid Waste Board
to assist the City of Carmel in providing household hazardous waste collection services
to citizens of the City of Carmel.
IT IS THEREBY AGREED by and between the Hamilton County Solid Waste
Board and the City of Carmel as follows: /
1. The Hamilton County Solid Waste Board agrees to pay to the City of Carmel
the amount of $37,352 to assist the City in providing household hazardous waste
collection services to the citizens of the City of Carmel for the calendar year 2009.
2. The above amount shall be paid to the City of Carmel annually.
3. The City of Carmel agrees to use the funds provided by the Hamilton County
Solid Waste Board solely for the purposes set out herein.
4. The Solid Waste Board and the City of Carmel, acting by its Board of Public
Works and Safety, ratify and approve this Agreement
BOARD OF PUBLIC WORKS AND
SAFETY OF THE CITY OF CARMEL
Dated: __________
James Brainard
Lori Watson
Mary Ann Burke
ATTEST:
Diana L. Cordray, Clerk Treasurer
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\letJ l0\\\ reDQY.e... ~Labor Agreement l ..L UJ{~ ~\ .
, Between ~ ~R~
City of Carmel
And
Carmel Professional Firefighters Local #4444
Effective
January 1,2009 to December 31,2010
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JAMES BRAINARD, MAYOR
November 12, 2008
Board of Public Works
One Civic Square
Carmel, Indiana 46032
RE: Open Cut and Lane Restriction Request -Parcel 47 Block Project
Dear Board Members:
Mr. Robert R. Olson, of CSO Architects, is requesting approval for open pavement cuts and lane
restrictions associated with the CRC Redevelopment project. In order to install the proposed on-site
underground parking garage, the existing water main within the City's alley must be removed. In order
to remove this watermain, portions of the city's water system must be isolated. In order to isolate the
system, excavation is requested to access buried valving. These excavations require open pavement
cuts and lane restrictions. The perimeters for excavation are West Main Street north to 1st Street NW
and 1st Avenue NW west to 2nd Avenue NW. The locations of the existing valves are identified on the
attached exhibit (designations A-F). Excavations are required in 1st Avenue NW, 2nd Avenue NW and
Main Street.
The Department of Engineering recommends that the Board approve the requested open cuts and lane
restrictions contingent upon satisfaction of the following requirements:
• The project's contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6
227(a)(8) and 6-227(b)(1).
• Any damage to the existing improvements within the right-of-way shall be restored to the
satisfaction of the City when the work is complete.
• The petitioner agrees to meet with the Department of Engineering to develop a traffic control
plan. Such plan shall conform to the requirements of the Indian department of Transportation
Work Zone Safety Manual. Approval from the Department of Engineering of the traffic control
plan shall be obtained prior to commencing the work. Signage for the approved plan shall be
placed in advance of the work as directed by the Department of Engineering.
• Work shall not commence before 9:00 AM and shall cease before 3:00 PM. The petitioner shall
notify the Department of Engineering if the work is expected to extend beyond these hours.
• Construction in dedicated Right-of-Way shall comply with all city codes and standards. Any
street cut shall be restored per City of Carmel Street Cut Repair Detail Standard 10-20
• The petitioner understands that approval is granted for the lane restriction request only. All
other items of work within the block would be subject to review and approval of the
OEPAI{1'MEKl OF E NGINEEKING
ONE CiVIC SQIJAKE, CAR~IEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
E"1AIL engineering@canncl .in.g()\·
,
Department of Engineering and other Departments of the City as part of a separate approval
process.
• Work shall endeavor to restrict traffic and not fully close the roadway. In the event that full
closure is required, the petitioner shall notify the Department for approval of this closure. This
closure may be restricted to the hours of 7:00 PM to 7:00 AM.
Sincerely,
J;;.?~~
Michael T. McBride, P.E.
City Engineer
Enclosure
\\Issurapps l\user data\shared\DHILL\BPW08\PARCEL 47CITY CENTERLANERES.DOC
, 6:>
CSO Architects
November 12, 2008
City of Carmel, Engineering Dept.
One Civic Square
Carmel, Indiana 46032
Attn: Mr. Dick Hill
Ref: Parcel 47, Carmel, Indiana
Dear Mr. Hill:
This letter is to serve as a Letter of Request to be placed on the next Board of Public Works
agenda to be held on November 19, 2008. We are requesting approval to excavate within the
streets around Parcel 47 to gain access to the existing water valves at the water mains to turn
off the water from the main to the valves at each building so a portion of water line can be
removed for the exaction of the proposed two story parking garage.
The site is located within the perimeters of West Main Street north to 1 sl Street NW and from 1 st
Avenue NW west to 2nd Avenue NW. This entire block is the project called, Parcel 47.
Please review the attached drawing depicting the approximate locations of each valve to be
excavated and it's location.
If you have any questions please feel free to contact me on my cell phone 317-285-9459 .
..
Thank you, Robert R. Olson
CSO Architects
ARCHITECTURE· INTERIOR DESIGN
280 East 96th Street, Suite 100 . Indianapolis. Indiana 46240 . Main 317.848.7800 . Fax 317.574.0957 . csoinc.net
..
6) PROJECT NAME PARCa 47 SITE DEMOUTION DATE 10/25/06
PROJECT NO. 28109 DWG , H
_______________ DRAWN BY KMCSO Architects T66
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SCALE: ," = 60'SCAlE: 1" 60'
ir ARCHITECTURE' INTERIOR DESIGN
280 East 96th Street, Suite 2.00 ' Indianapolis, Indiana 46240 ' Main 317.848.7800 . F/l)( 317.57+.0957 . csoinc.net
, .
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JAMES BRAlNARD, MAYOR
November 7, 2008
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: Curb Cut Request -Verbal Behavior Center for Autism
Dear Board Members:
Mr. Michael Bergman, of Bergman Design, on behalf of The Verbal Behavior Center for Autism, is
requesting one additional curb cut for use of traffic flow within the internal parking area of the existing
behavior center. The attached site plan indicates, by hatching, the location of the proposed
entrance/exit drive which is approximately 400' east of the intersection of Bauer Drive East and
Lakeshore Drive. There are no issues with alignment of any drives on the south side of Bauer Drive East.
Request is made to promote safety of automobile traffic circulation within the parking area during drop
off and pick-up cycles of students. The construction of drive request would also allow one way traffic
during these periods eliminating possible auto collisions and child security from vehicles traveling two
directions within the pick-up area.
The Department of Engineering recommends that the Board approve the requested curb cut contingent
upon satisfaction of the following requirements:
• The project's contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6
227(a)(8), 6-227(b) and 6-227(h).
• The petitioner understands that approval is granted for the curb cut access only. Any other
items of work are subject to review and approval by the Department of Engineering and other
Departments of the City as part of a separate approval process.
• Construction in dedicated Right~of-Way shall comply with all city codes and standards.
• Petitioner shall obtain approval for all work in the Right-of-Way from the Department of
Engineering prior to commencing any construction work.
• Any damage to the existing improvements within the right-of-way shall be restored to the
satisfaction of the City when the work is complete.
• Traffic on Bauer Drive East shall be maintained in each direction at all times.
DEPAHTMENT OF ENGINEEHI"'G
ONE O\IC SQLAHE, CAH\IEL, IN 46032 OFFICE 317.571.2441 FAX 31 7.571.2439
EMAIL engineering@ca nnel.in.gOl·
Page 2 of 2
Verbal Behavior Center of Autism Curb Cut
November 7, 2008
Sincerely,
JttlJ!l~
Michael T. McBride, P.E.
City Engineer
Enclosures
\\issurappsl\user data\shared \DHill\BPW08\AUTISMCENTERCURBCUT.DOC
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"'~.;wntntly accessed by one driveway.
Sheet C101).
e intent, given
i . . .
........t me should you have any questions regarding this request.
:W\Stt....,..Center rer Autism
BERGMAN DESIGN
of drawings for a proposed new driveway at the Verbal
_ , • .AQIiam . The drawings are on 11"x17" sheets and are numbered .1 sG' ·.~.C101 is a site plan and Sheet C201 includes a project location
....d an application for a Right-of-Way / Street Cut Permit on which
Harding Asphalt Company, has completed the appropriate sections.
The Verbal Behavior Center for
'lIIIieovered the vehicular traffic flow pattern during the times at which
ped off and/or picked up from the school to be dangerous. With
rents must pull into and out of the parking spaces south of the
In addition to concerns over the possibility that auto
IInJII' DOQI' in the parking lot during the drop-off / pick-up cycles, the Verbal ~....for Autism staff is worried that students will run between the parked . .. . s ...·tll'iVe lane.
or Center for Autism is requesting that it be permitted to construct a
that a safer procedure for dropping off and picking up students may
a second driveway, would be that the eastern-most m:t;be limited to use as an entrance during the drop-off / pick up cycles,
... ould be able to queue their autos parallel to the sidewalk adjoining the
and then exit via the proposed driveway. It is believed that this traffic
rt,uch more efficient and safer for the parents and their children .
. . . . ...... ........ . . . . . .... . .. . ... . . . ..~ ~•
5830 Buttonwood Drive, Noblesville, Indiana 46062
T: 317.946.3470 F: 317.770.8933
:III.a...._-. " ~'0
PMCa 18-14-011-00-00-022.00II
IIERIW. ~CDmR FOR AUTISIO
~)QSnIG IIUIUlING rI. _ 7....41'
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SEZ X" ~'~ . ... ....,-,,-... . " DON'T DIG BLIND
BENCHMARK INFORMATION: SITE PLAN ~
l~ftON or ALL [XISTING UNOEPC~ORM 236-3: Chiseled square cut in Southern upstream walkway at Unl:Tl[S SHOWN ON 11-11S PlAN ARE BAS(OLakeshore Drivebridge aver Carmel Creek. NGVO 1929 Datum. o 15' 30' 60' UF'ON ABM CQ(IUNO (VIOCNCL (i"clutj;~.
but not li mite<f 10. ,"o"holn, ;!'II<et~. vo....n ""'0.\0(, "'od~ IJ()O"" U," q,Ot,,"d by 0(1'1(.,.) ANO
AR( SP[C1.JLATIV'[ IN NATUR[. TH[R'( WAY AlSOELEVAllON -761.10' ~ ~ BE IJTH[R ['X'rSrTlNC UND£R(;ROU"'O IJTlumES
rOR WHICH THERE IS NJ A80Yt CR'OUNO [VlO[NCE (}R rOR WHr-::H ~ ABCM: CROIJNONORTH SCALE:'" 30'-0· [VlO(NC'( "-AS OOS[RVED. THE £1O.Cl lOCATlOl'tS T.B.M. III -TEMPORARY BENCHMARK -5/S" Rebar faund at the OC 'iAlO OrsnNC U~DERCROV~O unLJlI["S
approximate southwest comer of the subject tract. 'SHOULD 8(. -.{:R1nED B'Y TlfE CONTRACTOR PRl(~ TO AHY »10 All co-.rSTRUClION .
ELEVAllON 743.42'
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SITE PLAN NOTES
eVil ENGINE::RING
CONSULTANT[D EXISTING COICRElE CURB TO REWAIN .
[II EXISTING ASPHALT PA'IEWENT TO REWAIN. DEER ENGINEERING
[II EXISTING LAWN ~TO REIIAIN. 432 S. EMERSON AVE., SUITE 110
141 SAWCUT SllOOlliLY ANO REIIO~ E"'SlING CURB ANO GREENWOOD, IN 46143 L.:.J ASPHALT PA~WENT AS NEa:ssARY TO INSTAll PROPOSED CURBS AND PA'IEWENT. PHONE: (317) 859-3539
FAX: (317) 859-3993[IJ ~r'~~S~~~= ~~V~~D~'VEIIENT.
I'il PROPOSED CONCRETE BARRIER CURB, RErrR TO OETAIl ON t. Michoel S Oeer. 0 profes5.onol enq'''',eer ~SHEET C20I.
J
reqistere<. ;n the Stote of Indiano.
Reqi,troiiQn Numbe.# 9600 147. no..,e be~n
hired as on enqineerirq con,ultonl forIII ~~~O~~Tg'7:?~~~NTH~'~ ~D~ 8er~mon ~,ign tor this project. r furtherEXISTING COICR£TE ROlL CURB. certify thot the desiqn of thi, pre· jed "os I'il PROPOSED CONCRETE PAVDlENT. RE1'ER TO DEl.... ON performed by me or under my direct ~SHEET C20I , sUDervisi(,'" and control. The pions were
droftl!d '='y Be"qmoll Oesign under my[!J BACNnLL "'TH EXCAV'TED EARlli BEHIND PROPOSED diredion.
CURBS. PlACE A """"U" 12' -IS' LA YEA or TOPSOIL
SOO lliE DISTURBED ARE...TH BLUEGRASS SOO EQUAL TO
OlliER EXISTING GRASS,
£
1-800-382-5544
CALL TOLL FREE
1-800-428-5200
FOR CALLS OUTSIDE OF INDIANA
BERGMAN VERBAL BEHAVIOR CENTER FOR AUTISM CLIENT
VERBAL BEHAVIOR CENTER FOR AUTISM
DESIGN LLC
5830 IIutIDnwood DrMI
NcIlIesvIIe, DIana <46062 317.946.34711 FAX 317.770.8933
~-l1*__1III1_1I__1Ir""0000rUC ...II_._I1111...""..__...._"_0I0iI0lJ.C.1Io ___.._ ...... _
-".__"_0000rlJ.C. .._ .......__...-.._-..r_ NEWDRNEWAY
9830 BAUER DRIVE EAST
CARMEL, INDIANA
9830 BAUER DRIVE EAST
INDIANAPOLIS,IN 46280
CONTACT: JEFF MEDLEY
PHONE: (317) 557-4835
IW W :r: en C101
8"
eVil ENGINEERING
CONSULTANT
DEER ENGINEERING
6· 4.000 PSI CONCRETE
'NIlrt 6.6-10/10 W'NIA CENTERED IN SLAB. 432 S. EMERSON AVE., SUITE 110
MEDIUM BROOM mANSVERSE FINISH GREENWOOD, IN 46143
5· CQlAPACTED 153 STONE PHONE: (317) 859-3539
FAX: (317) 859-3993
I. M"cnoel S DeN. CJ profes~lonol e~gineer
reqist~red in the Stole Qf Indiono .
COMPACTED Registration NIJmber 960011.7, hove be~n
SUBGRADE h;red as on enqineerinq consu1to.... : (or
Be-reman Design for thi s project I further HEAVY-DUTY CONCRETE PAVEMENT SECnON cerfi(y thol the de~ign of this prc ject wos
NO SCALE pedo,-med by me or under my direct
supervisi(>n ond control . The pions were
drofted ty Be "gmoll Design under my
diredian.
PAVEMENT SECTION
AS NOTED
CONCRETE CLASS .,,
Vt11li FIBER REINFORCING
® CONCRETE BARRIER CURB SEC nON
NO SCALE
OAll: : CLlEI'H OCTOBER 29, 2008VERBAL BEHAVIOR CENTER FOR AUTISM
ORA"'"VERBAL BEHAVIOR CENTER FOR AUTISM BY: MIKE BERGMAN
9830 BAUER DRIVE EAST ~ee:R. 08228INDIANAPOLIS, IN 46280NEWDRNEWAY CONTACT: JEFF MEDLEY IWPHONE: (317) 557-48359830 BAUER DRIVE EAST W
::z::::CARMEL, INDIANA en C201
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LOCATION MAP
o 200' 400' BOO' ~ ~
NOR1H SCAi..E: 1" 400' -0"
BERGMAN DESIGN LLC
5830 BI*lnwood om.. ~IrdIrla 48082 311.946.3470 FAX 311.770.8933
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October 29, 2008
JAMES BRAlNARD, MAYOH
Board of Public Works and Safety
One Civic Square
Cannel, TN 46032
RE: Lane Restriction Request -Duke Energy Infrastructure Upgrade Project
Dear Board Members:
Duke Energy has requested approval to close and/or restrict certain roadways in the City. These closures and/or
restrictions are associated with a project to upgrade portions of their infrastructure within the City. This project
involves upgrading the existing 69-kV transmission line along the segments of 1361h Street between Ditch Road and
Towne Road and between SpringmiIJ Road and Eglin Drive; Rohrer Road between Eglin Drive and Marana Drive;
Rohrer Road southeast of US-31 and the segment of l361h Street between Rangeline Road and Old Meridian Street.
The project entails removing and replacing the existing poles and hanging larger wires. The petitioner has indicated
that the new poles will go back at the same location as the existing poles. New poles will be installed where none
presently exist along the west side of Rohrer Road from approximately Marana Drive to Eglin Drive. The petitioner
has indicated that work will commence at Towne Road and progress to the east.
Lane Restrictions.
1361h Street between Towne and Ditch. This segment of 1361h Street was on the former detour for the recently
comfleted 131 51 Street project. Considering that 131 <I Street in this area is now open to traffic and the intersection of
136 Street and Towne Road is closed for the construction of a roundabout, restriction of one full lane with traffic
controlled by flaggers is acceptable for this segment.
l361h Street Springmill Road to Eglin Drive. The petitioner has indicated that it is not likely that they will make
improvements along this segment of 136th Street until after 131 <I Street is fully open to traffic over Williams Creek.
Within the hours of9:00 a.m. to 3:00 p.m., the eastbound traffic lane between Versailles Drive and Memory Lane
may be utilized for traffic in each direction with control by flaggers. Between Springmill Road and Versailles Drive
and between Memory Lane and Eglin Drive, it is not possible to utilize the eastbound lanes for traffic in each
direction. For these segments, an II-foot travel lane shall be maintained at all times as measured from the curb face
of the median. This will require some of the equipment to be staged off of the roadway. There is adequate right-of
way to accomplish the work and maintain westbound traffic at all times
Rohrer Road from Eglin to Marana Drive. Restriction of one full Jane with traffic controlled by flaggers would be
acceptable for this segment.
Rohrer Road southeast of US-31. Restriction of one full lane with traffic controlled by flaggers would be acceptable
for this segment.
Full Closure.
The petitioner has requested a full closure of 1361h Street between Rangeline Road and Old Meridian Street in the
interest of worker safety due to the narrow right-of-way width and narrow roadway width. The petitioner has
indicated that the duration of the full closure would be two weeks. The Department recommends a fuJI closure
during the planned holiday break for the Carmel Clay Schools.
The Department of Engineering recommends that the Board approve the lane restrictions/closures contingent upon
satisfaction of the following requirements:
I. Lane restrictions shall be between the hours of9:00 a.m. and 3 p.m. Hours of work may be extended to be
between the hours of7:00 a.m. and 7:00 p.m. on Saturdays and Sundays.
DEPARTMENT OF ENGINEEHING
01\1:: CiVIC SQUARE, CARMEL, IN 46032 OFflCF 317571.2441 FAX 317.571.2439
EMAIL engineering@(·arlllel.in.go\'
~
2. Lane closures shall be between the hours of7:00 a.m. and 7:00 p.m. for a period of two weeks during the
planned holiday break for Carmel Clay Schools. Access to properties within the closure shall be maintained
at all times during the closure hours. In the event that it is not possible to perform the work during the
planned holiday break, the petitioner shall notify the Department immediately for further coordination of
this closure.
3. The petitioner agrees to review means, methods and measures to protect the existing right-of-way
improvements to the greatest extent possible with their sub-contractor.
4. The petitioner agrees to endeavor to restore the right-of-way and repair any damage to the existing right-of
way improvements as soon as reasonably possible.
5. The petitioner agrees to contact the Department of Engineering to schedule a pre-construction meeting
prior to commencing the work for final coordination of the project schedule, lane restrictions and closures.
6. The petitioner agrees to provide a minimum 48 hour notification of lane restrictions/closures to the
Department.
7. The petitioner agrees to obtain approval of the Maintenance of Traffic Plan prior to implementation and
erection of signage.
8. The petitioner agrees to post proper detour signage for the closure of the segment of 1361h Street between
Rangeline Road and Old Merdian Street.
9. The project's contractor shall comply with the provisions of Carmel City Code 6-227(a)( I), 6-227(a)(8) and
6-227(b).
Sincerely,
JIJ./.7'I~
Michael T. McBride, P.E.
City Engineer
Enclosures
Z:lshared\OHill\BPW08\DUKEI36UPGRADELANERESTRICTIONS.docx
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JAMES BIWNAlm, MAYOR
November 12,2008
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
RE: Right of Way DedicationslBrenwick TND Communities, LLC
Dear Board Members:
Mr. Trent Newport of Crossroad Engineers, representing the City of Cannel, has requested the Board sign
the Dedication of Public Right of Way documents presented for approval.
Brenwick TND Communities, LLC, has agreed to dedicate additional right of way for various City of
Carmel road projects that impact Brenwick's developments including:
• Dedication of additional 13\SI Street R/W to accommodate 13\SI Street Road Improvement
Projects.
• Dedication of additional 1261h Street R/W to accommodate the \261h Street Road Improvement
Project.
On behalf of the City of Cannel, I would like to thank Mr. Tom Huston, Co-Manager of Brenwick TND
Communities, LLC for these Dedications of Right of Way. I recommend the Board accept and sign these
documents.
Sincerely,
a1.2Ml1.~
City Engineer
MTM/rbh
Enclosures
S:\DHILL\BPW08\BRENWICKROWDED
DEPARTMENT OF E NGINEERINC
ONE CiVIC SQlIAHE, CAH~IEL, IN 46032 OFfICE 317.57l.2441 F AX 3175712439
E"IAIL engineering@carlllei.in.gov
~
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
Tms INDENTURE WITNESSETH: APP!lQV:O AS TO FORM BY gJ}{
That Brenwick TND Communities, LLC (Jointly and individually the "Grantor"), the fee simple
owner(s) ofthe following described real property ("Property") described in attached Exhibit A,
incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton
County, State of Indiana, hereby grant and convey, with no reversionary rights whatsoever retained,
all of Grantor's rights, title, and interest in the Property, to the City of Carmel, Indiana ("Grantee"),
subject to all existing easements and rights-of-way of record, for the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged.
This conveyance of real estate is not subject to Indiana gross income tax.
(For an entity Grantor: The undersigned persons executing this deed represent and certify on
behalf of the Grantor that he/she is a duly elected officer of the Grantor and has been fully
empowered and authorized by proper resolution, or by the by-laws of the Grantor, to execute and
deliver this deed; that the Grantor is a li,.J~J I;~~t, ~~good standing in the State of Indiana;
that the Grantor has full corporate capacity to convey the real estate described; and that all
necessary corporate action for the making of this conveyance has been du1y taken.]
IN WITNESS WHEREOF, Grantor has executed this Instrument on the .3r~ day of Mllu•.btC , 2008.
"GRANTOR" !
By ~~ LLl ~
-r::". {J lttr IfS' HliS -10 N
Printed
CO-tt\ ANA ,er"
Title
By:
Printed
Title
)
STATE OF INDIANA }M ' }COUNTY OF ~ml' LII) n }
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
1C;1/I Cit u .. I,.s !Iv c, I-a n and acknowledged executing the foregoing Dedication and Deed of Public
Rights-of-Way.
W;b1ess my ~d Notarial Seal th~2dday of ';1 ~ V e n1 tr ~ ,2008.
, ZrUtA W' 1J
Notary Public
mfA ~ " e 111. U V' I' ( 1<
Notary Public (printed)
MY COMMISSION EXPIRES: 'yn u.tt ~L/, J V I ~
COUNTY OF RESIDENCE: Nf f1 'vi Y" I ( Ie s
STATE OF INDIANA
COUNTYOF ____________
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
and acknowledged executing the foregoing Dedication
and Deed of Public Rights-of-Way.
Witness my hand and Notarial Seal this __ day of , 2008.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES: _________________
COUNTY OF RESIDENCE: ___________________
This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel,
Indiana 46032
Send tax bills to: One Civic Square, Carmel, IN 46032
After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel,
Indiana 46032
I affum, under the penalties for peIjury, that I have taken reasonable care to redact each and every Social Security
number from this document, unless it is required by law. Douglas C. Haney
~
EXHIBIT "A"
Project: 131 51 Street (Ditch Road -Springmill Road) Sheet I of)
Project 1\0.: 06-08
Parcel: t Fee Simple
Part of the East Half of the Southeast Quarter of Section 28, Township 18 North, Range 3
East, Hamilton COWlty. Indiana, being that part ofthe grantor's land lying v:ithin the
right-of-way lines depicted on the attached plat marked Exhibit "8" described as follows:
CUllul1t:m.:iug al thc NurlhCIDil corner ()f said Quaner Section designated" 10514" on said
Exhibit "B"; Thence South 00 degrees 27 minutes 02 seconds West, along the East line of
said Quarter Section, a distance of 45.01 feet to the south boundary of 131 51 Street and the
Place of Bcginning; Thence South 00 degrees 27 minutes 02 seconds West, continuing
along said East line, a distance of 55.01 feet; Thence South 89 degrees 34 minutes 44
seconds West, a distance of 28.74 feet to the point designated "47" on said Exhibit "B";
Thence North 63 degrees 51 minutes 21 seconds West, a distance of J 11.80 feet to the
point designated "48" on said Exhibit "8"; Thence South 89 degrees 34 minutes 44
seconds West, a distance of959.63 feet to the west line of the gramor's land and the point
designated "62" on said Exhibit "B"; Thence North 00 degrees 2) minutes 17 seconds
West, along said grantor's west line, a distance of 5.00 feet to the South boundary of
131 51 Street: Thence North 89 degrees 34 minutes 44 seconds East, along said South
boundary. a distance of 1089.21 teet to the Place of Beginning.
Containing 0.216 acres, more or less.
This description was prepared for the City of Carmel by Trent E. ~ev.'Port. Indiana
Registered Land Surveyor, License Number 29600021, on the 2nd day of March, 2007
and then revised on the 27th day of August, 2007.
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. 1.S 29600021
21!~----v-
12 / 28106 )
#200500078G05 (O.lITE ' 2/ 06 / 05)
~ ~ I '/ / ., hATCHED AREA IS lHf .
?i' ~) / .. ' .-' / Ii APPROXIMATE TAKING ~---.:-=,.,--,
Lj L' "A" 131st street __?It :.:
~//
.I ~dJ, ~:-:'R. : :. I) , / 1
:; -_ • :'. 5.1r ~F
-j .", --l ' ~) ',. "_~L ; L •
~" 1 4 , '>f f' ?I:'i'" \
\
\
EXCEPTION
8 :2
LJ560-
cind Centerline
22 I "A
JO:->141 "A
45 1,7
RH. 'A'
8 8 8 8 + ~ * j:,OJ N 01 01 en
8 + ~
161)'
Q
/
1':::
~~ 0 8'er.
+,....
0>
I
NORTH
o IH' 300'--4(1 --62
61 NW COR
9000S..lCQR., SE , /4, SfC.
Note : Static,s and Offsets c01trol over both Norlhino &
[osting {;Qorcinoles and Hec~:ngs & Distances . '~ To the best of my knowted9'l and bdier, this plot was prepared from '~~ Information obtained from the Office of the Recorder of Hll'TllltOll County,!. and from plans prepared by Crossroad Engineers for the City or Carme:
IC6l.I I'., m'
PREPARED BY:
.\
PARCEL:
PROJECT: 131s1 Streel (Dilen Ro:JO
PROJECT No.: 06-08
COUNTY: HAVI:.. TON
SECTleN : 28
TO'r\'\JSHIP: 15 NOR'Tf-
I • q'-"~~;>I~?JJ~it j¥Jx:uu
.'~ (Pro~1 No. 06-08).
'-('\ ./Q-i.12fL'/~./ / !SIAl[\"'~~' _:·I"fil,.,t;J.~/"4,o,l I "V BI L7 0 7 ~',O "---\ \ ,::J;; Trent r. Newport Dote
~.~~~_--::;--:4 Reg. Land Surveyor No. 29600021
.. ~. State or Indiana
10 Spri'lgmill Rooo)EXLJ'BI'T "8"n'l ,
GINNER: BRENWiCK !ND COMM UNITIES,
RECORD DOC.J~Et-. T: INS!R. #200f)076977 (DATE:
RECORD DOCiJMENl INSTR.
SHEH 1 OF 3
DRAWN BY . KMK
CHECKED !3Y : TEt\
SCALE _ ,'-= 3:)0'
REV:S::-O : K~K/TE'J
LLC
OJ-02-07
03-02· 07
OB-27-07
:.p \,
, rA
29 60002 1 ,
.' O~ [RD55RDAD
[r\lt.lr\I[ERS. fO[
T'rln~"<lrldi()n Ii. !lp~~loJ)mt-t\l Con~ull.anl~
~(: S 1'C!W¥;I(i . n ... (t¥~ • ~',) ~: 'I ~ .~
---
PARCt I : SII[ET 2 OF 3
PROJECl Uls~ Street (Ditch Rood 10 S:l,jrgrnil! Rood) EXHIBIT "B" . --DRAIhN BY , KMK 03-02-07PROJEC"T No. Eost of Ditch 06-08
~ rNORTH 8 8 8 8+~:;!I ID rten ~ Ot Ot
" "\ I tI I I L'nf A~.. _____ I 1318t stree
unulV tAS[I.IEN1/UTll1'" & ILA'lDSC"D[ ESU r
/ / ./. R/ \.I -_/ uruTY EA~Nl _J_.1 ;ILl , ~(
~ < Ree. "A":2
COL'N IY:
s.~CrION:
TO'NNS'I'P:
Ri\NG~'
/
:z =:I
::t: ~ -<:s
OWNER : BRlNWlCK TNO COt.lMUNIIIES, ' I.e CHECKED BY lEN 0.3-02-07HAMIC TON REC~D DCCUtJlNl: INSTR. #20060769JJ (OATF ;2/28/06)28 SCALE ,. = jO'REC~D DOCUMENT: INSTR. #2CDS000786()B (f)~TE' 12/06/05)
19 'l()qTf-I REVISED KVK/ltN OB-l7-07HA. TCHED ~.REA IS nIE1/ ./ / 1._' ,." (J /~ •.3 EIIST APPROXIIAII 'E TAKING
8 8 8 8+ + + ~ ~ c;; N ~l
. "A" I L_ ____ +..L41"':--.1 -t-lf1~ -~,--1 -------
en
+--+ 80.101'
131et StreetI -I I ....--UTIUTY de
I ! LfoNDSCAPf ':5..T
15' G
~ --DI:hD.-!CUJI-,", 50'
./ ..'
R/\I UTiU Ty £.~SOt'f Ij r /\1
' ......
'''---20' [/I,SD,4ENl FCR L1UJ[RGROI)lfD ELEC. Res. "A"CABLE lIN!: IN 'AVOR Cf r"JBUC SfRVlC[
'NOlANA, INC.
zs' SO'
';rARCE L: SHEIl .3 OF 3
PROJECT 13151 Street (Ditch Rood !o Spnl'qmill Rood) EXHIBIT "B" DRAWN BY : I(MK 03-02-07
PROJ[C" No.: East of Ditch 06 OB O'lJNER: f3RENWICK TND COMMUNI liES, LLC CYECKED BY : ftt-J 03-02-07
CO UN 1 Y: HAM!I TON RFCOR1) DOCUMENT It.JSTR 120060769!1 (DAft: 17/7Rj06) SCALt 1·..= JO'SEC lie\(: 28 RECDQD DOCUM(t.ll: INSTR. #?00500078608 (OAT:::. 12/06/05)
TO~"lSIJlP: 18 'JCRTH REVISED. KUKjiEN 8-27·-07
RANG1-: J F,AST ~ / J HATCHED A~EA ~S'HF
:" // APPROXI'M lE, TAKING
8 8 8 + 1-i,.... ~ CIO
• • ILine .A. .-.-~)1 .._ 1
'""" 179.10' .." 465.92'
131st Street ~:
If) U1\UTY .t: -'~I'" I'~P r 1/2' I '0
h ,~ , ~ ", I lANDSCAPE ESt,jr.' ;~ • / 4,--:r:c.-2R
/ //EX R/\/ IRI\,I UTUTY FASF.tolF.NT
~ :J
/~. ~ EXCEPTlON Rea. "A" -<''?./ ::::E
l1li' D %5' 50'
~---'--Dft.lll. !IOU .-. &D'NORTH
;.
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
APP:lOV~D AS TO FORM BY ~
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose ofestablishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and orders that the Instrument of Dedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Dare: ________________________
Mary Ann Burke
Dare: ________________________
Lori Watson
Date: __________________________
ArrEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Date: ______________
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
.' .
AREA COMPUTATIONS PAR.. 1
PROJECT: 06-08
Sheet 1 of 1 CODE: XlOOOCXXXX
.By: K. Knapp Date: 31212007 Chk'd.By: T. Newport Date: 31212007
Revised: K.Knapp Date: 812712007 Chk'd.By: T Newport Dale: 8/2712007
TITLE AREAS
Instrument #2006076977 =
Instrument #200500078608 =
=
=
=
SUBTOTALS AREAS =
LESS TOTAL EXCEPTIONS =
TOTAL AREA =
PARCEL FEE SIMPLE AREAS
1 0.216
F.S.= 0.216
PARCEL EXCESS LAND AREAS
I I I
E.l.=
F.S+E.L.=TOTAL F.S.= 0.216
PARCEL PERM , ESM'T AREAS
I I I
TOTAL P.E.=
PARCEL TEMP. RIW AREAS -
20.670 AC.
19.091 AC.
39.761 AC
9.960 AC
29.801 AC.
EXCEPTIONS
Instr. #9940434 ~Calc)
Instr. #200600060502
TOTAL EXCEPTION
EXISTING R/W --CALCULATIONS
TOTAL RfW EXISTING
AC. TOTAL AREA
Rf\N EXISTING
NET TOTAL AREA
TOTAL F.S. AREA
AC TOTAL P.E. AREA
TOTAL RESIDUE AREA
RESIDUE "A"
RESIDUE "B"
RESIDUE "C"
AC. RESIDUE "D"
RESIDUE "E"
= 1.125AC.
= 8.835 AC .
=
=
=
:: 9.960 AC.
=
= 29.801 AC.
= _._.
= 29.801 AC
= 0.216 AC.
:: --
= 29.585 AC
=
=
~
=
=
I
I
:.
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
THIS INDENTURE WITNESSETH: APF':':O\':~ AS TO FORM BY ~
That Brenwick TND Communities, LLC (Jointly and individually the "Grantor"), the fee simple
owner(s) ofthe following described real property ("Property") described in attached Exhibit A,
incorporated herein by this reference, which Property is located in the City of Cannel, Hamilton
County, State ofIndiana, hereby grant and convey, with no reversionary rights whatsoever retained,
all ofGrantor's rights, title, and interest in the Property, to the City of Cannel, Indiana ("Grantee"),
subject to all existing easements and rights-of-way of record, for the swn ofOne Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged.
This conveyance of real estate is not subject to Indiana gross income tax.
(For an entity Grantor: The undersigned persons executing this deed represent and certify on
behalf of the Grantor that he/she is a duly elected officer of the Grantor and has been fully
empowered and authorized by proper resolution, or by the by-laws of the Grantor, to execute and
deliver this deed; that the Grantor is a \..:W \~I:h ~.. ~ in good standing in the State of Indiana;
that the Grantor has full corporate capacity to convey the real estate described; and that all
necessary corporate action for the making of this conveyance has been duly taken.]
IN WITNESS WHEREOF, Grantor has executed this Instrument on the ~day of }\klit ~C' ,2008.
By:
-y;;, LA \ ".offJ S b1"dr,0.4
Printed
(?o-M..rJ At, t r
Title
By:
Printed
Title
...
STATE OF INDIANA
COUNTY OF
Nti m,' /10 h
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the aboveTv 01 C' a ... t S Nfl S 10 n and acknowledged executing the foregoing Dedication and Deed of Public
Rights-of-Way.
Witness m$;d and N,OIllrial Seal this 3,J day of >1 /J Ve h1 6r!',... ,2008.
1fJ-M / yYl. ) ,0"11:f
Notary Public
)11a V'I' f YJl. LJ",,·(j(
Notary Public (printed)
MY COMMISSION EXPIRES: )y; ~,{ ~ ilt}JS
COUNTY OF RESIDENCE: lie n J r I ' ( K s
I
STATE OF INDIANA
COUNTYOF ____________
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
and acknowledged executing the foregoing Dedication
and Deed of Public Rights-of-Way.
Witness my hand and Notarial Seal this __ day of , 2008.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES: _____________
COUNTY OF RESIDENCE: ____________
This instrument was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Cannel,
Indiana 46032
Send tax bills to: One Civic Square, Cannel, IN 46032
After recording, return deed to: Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Cannel,
Indiana 46032
I affirm, under the penalties for peIjury, that I have taken reasonable care to redact each and every Social Security
number from this document, unless it is required by law. Douglas C. Haney
,',
EXHIBIT "A"
Project No. 06-22 Page 1 of 1
Parcell Fee
A part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East, Hamilton
County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on
the attached Right-of-Way Parcel Plat marked EXHIBIT "B", described as follows: Beginning at the
southwest comer of said quarter section, designated at point "5" on the Location Control Route Survey
Plat recorded in Instrument 2007020271 in the Office of the Recorder of said county; thence North 0
degrees 00 minutes 53 seconds West 40.00 feet along the west line of said quarter section to point "343"
designated on said Parcel Plat; thence North 89 degrees 14 minutes 41 seconds East 667.92 feet to the
east line of the grantor's land; thence South 0 degrees 22 minutes 53 seconds East 40.00 feet along said
east line to the south line of said quarter section and the southeast comer of the grantor's land; thence
South 89 degrees 14 minutes 41 seconds West 668.18 feet (668.05 feet by Instrument #200200032380)
along said south line to the point of beginning and containing 0.613 acres, more or less, inclusive of the
presently existing right-of-way which contains 0.148 acres, more or less, for a net additional taking of
0.465 acres, more or less,
This description was prepared for \\\\\\111"""'" ~,\\\\ ~r\ER H 1£',,,,,-the City of Carmel, lndiana ~-<,.0 •••••••••• ' ~.".~ ~~••~(;\STEF?~., ~~ on the 18th day of March, 2008 ~ g; .'q.; 0'· ~~ ~:J::'" No ... ~-:;:.Eu: . ~ <Il~ ~ f 8800096 ~ =-, .-. . ::, ~ ." :: ~ '. STATE OF .. ~
J ~~ " h." Indiana Registered Land Surveyor~ ".1"-1 " ...\r,... ~ ~ / .:.VU f"\\"" l:L ~A."./.,~,,;.:.....~'...O,-\~ License Number 8800096
1"" 'ru SU \\0,;. "I ",1111'"1111\1\\\\\
bY'/lV~/Y' I--~ . --er H. Phillips
,', EXHIBIT "B" SHEET 1 OF 1 .:'I'f?ea-. 0' 50' 100' 200'RIGHT-OF-WAY PARCEL PLAT j{
Prepared for the City or CarmelSE 114 Sec. Jq by USI Consultants. Inc. (Job #2007-026) SCAlE 1-= 200'Tl8N, R3E
-I Legal Drain ~
I
~ : Res A Eoement in {(Nor ~ <:iJ ,l . of IlanHirn Co. _,
-::t Droif'IaJC Btxrd
1-; rYoinage easement in {(Nor of ~ r--GIf-2 iJ<velo;rnent, Lie j ~ rOi!!!J ~'~ ,
~
7 @lID R/>1 : -RlH 7777777777777 ) •~»>7»>7"j777777//
627.23'668."05' .~ 126th Str~t 'Line 'A'
~
Point
:rz 4. 5 KF.J-IOl
342
343
~ ... ~
SE Cor.
SE 114 Sec. Jq
Tl811~ R3E
Centerline I StationI Offset INorthing I Easting
I See Locatial Centrol Rovte 5tirvey Plot Instr. 2007020271
'A' I+P(.(qf72..(7~40.0' Lt. 15aJ57.364QI 51316.8184
'A* IfP(36f55.53~ 40.0' Lt. 15OO4()·tJO?3J4'1m. '18Q"
Staticns I offsets anlrol over both mrth I east coordirole!. md betrirJs I disl.trces
,\\,\\"\I"111111SURVEYOR'S STATEMENT ~",,\, ~\\tR If. 1'."1'11,'.To the best o{ my krtxuJedge lTti belie~ this plat, ttKJether with the 'Locatiul #' ~~~6rnt··.~t. %~ ~..;;,.~ ~(',"" t,..... ~Centrol Rovte Survey' reccrded in Instrtment m7020271 in the Office of the :::: c:..I ... T N ()', ,.,.." ~'::'" 0 ... ". ~Recorder of /hnillm Cotnty, Irriitno, (incorporated m1 maie a pert hereof by
reference) cCTn{K"ise 0 Route Slney executed in crcorme with Indi(Ti) I (8800096) i Administrative CtxJe 865 lAC 1-12, ('Rule 12'). S \. STATE Of ./ ~ '-' . .... ~ ...• ....;:: ~ .... fIt'DI~ ..... ~ ,,~/y. /~1_z>.,~,,~~~O··""i;;ii.~t'~/"'''''"111\\\\\'Cfristoplir II. PMlips
Re(j. Ltrtl ~No. L~
Slote of Inditm
f/ PARCEL: I OWNER: BRENWICK THO Ca1I1UNITIE5
PROJECT: 06 -22
ROAD: 126th Street
COUNTY: flAf1ILTON ~
SECTION: 2q APPROXIllA'I'E TAKING
TOWNSHIP: 18 N
RANGE: 3 f ilia CONSlUAHTS 8415 East 56th S1rIeI ~1N~6
~
LLC DRAWN BY: C.l-I. PflILLlP5 3-18-08
' CHECKED BY: J.f1. GARDNER 3-21-08
,DATED 4-26-02HATCHED AREA IS THEil INSl'RIDlENT ,200200032380
DOlENSlOHS SHOIN ARE FROII THE ABOVE IJSI1J) RECORD oocmmrrs..A
·.
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
APPf-tOv:o AS TO FORM BY ~
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose of establishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and orders that the Instrument of Dedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Date: _____________
Mary Ann Burke
Dare: ________________
Lori Watson
Date: ______________
ATTEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Date: __________
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
j., " 'i't\'l
EASEMENT AGREEMENT Apr"C'\,::> AS TO FORM By--... ~~uW~~
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Geannie Hensel, Paul D.
Hensel, and Timothy M. Hensel, as the fee owners of certain real estate, Parcel
No. 1614060000004000, located at 3228 E. 106th Street, Carmel, IN 46033 (hereinafter
collectively referred to as "Grantors"), for and in consideration of the sum of $62,550.00 (Sixty
Two Thousand Five Hundred Fifty Dollars and No Cents), in hand paid, the receipt and
sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN,
SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana municipal corporation,
its successors and assigns (hereinafter referred to as "GRANTEE"), a non-exclusive and
perpetual water line easement upon, over, under and across the real estate located in Hamilton
County, Indiana, and described in Exhibit "A" & "B" attached hereto and hereby made part
hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting,
altering, replacing and removing water utility lines and equipment.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantors, their successors
and assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, additional space not to exceed 10 ft. in width, where available and necessary, that
is adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance of Grantee's facilities located in, under, upon, over, and/or across the easement
area, 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, their grantees, successors, agents, or
employees, to connect the premises of such nearby property owners by service pipes to the lines
and/or equipment installed by Grantee within the easement area, provided such nearby property
owners, their grantees, successors, agents, or employees restore the portion of the Grantors'
property disturbed by their work to a condition that is as near the condition that existed just prior
to the time the portion was disturbed by them as is practicable. Grantee also shall have the right
from time to time to remove all trees, undergrowth, structures and/or other obstructions above,
within, under, that may endanger or interfere with Grantee's use and enjoyment of this easement,
all of which work shall be done at Grantee's sole cost and expense, except as otherwise set forth
herein. Grantee agrees to install at the completion of construction on the real estate immediately
adjacent to the easement parcel on the east side, ten 8 foot tall Norway spruce trees as directed
by Grantor in order to create a landscape buffer.
Grantors, their successors or assigns, shall not erect or maintain any permanent
structures, obstructions, or other improvements under and/or upon the surface of or over the
easement area or perform any act which would impair or interfere with Grantee's use and
enjoyment of the easement herein granted. Driveways, roads, bike paths, and sidewalks are
pennissible.
If the surface of the easement area is disturbed by Grantee at any time, and/or from time
to time by the installation, repair, maintenance, removal, replacement or other work in
connection with water utility lines or equipment, Grantee, at its sole cost and expense, shall
repair and restore the surface of the easement area and/or nearby property of the Grantors to
substantially the same condition which existed immediately prior to any such disturbance, except
to the extent that Grantee was exercising its right to remove items which, in Grantee's sole
opinion, is or would interfere with the rights granted herein. Any work performed or caused to be
performed upon, under and/or over or within the easement area at any time and from time to time
shall be done at such a time and in such a manner as will cause a minimum of interference with
the business being conducted by Grantors (or their successors and assigns) upon their land
surrounding and adjoining the easement area, but nothing herein contained shall prevent or
prohibit Grantee from perfonning any of its work during normal and customary daylight
business hours.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the
rights and easements herein granted shall be used by Grantee upon the terms and conditions
specified herein, with ingress to and egress from the easement area, for the purposes of
constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee
herein described, but subject to all liens, encumbrances, restrictions and prior easements of
record.
It is agreed that this grant covers all the agreements between the parties and no
representations or statements, verbal or written, have been made modifying, adding to or
changing the terms of this agreement.
The Grantors represent and certify that they are the fee simple owners of the easement
area; that Grantors guarantee the quiet possession of the easement area to the Grantee; that the
easement area 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. Grantors will warrant and defend Grantee's title to the easement granted
hereby against all claims thereon.
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantors, jointly and individually, to the terms and conditions
set forth herein.
This instrument may be executed by Grantors in separate counterparts, each of which
shall constitute a duplicate original.
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
tit 0individually this, the --.lL day of Ctobor ,2008.
/tJ/;/ jdg~M
Date ,-I ?a:;s~ /O/IJ!Of{
Paul D. Hensel Date
rz~e~~ IDj'rJe-4Timothy M.l--Dat~i ·
This instrument prepared by Carmel Utilities, 760 Third Avenue SW, Carmel IN 46032.
STATE OF d~ c:fti4vA )
" ) SS:
COUNTY OF lip fVI/'t.... ttJ ?/
Before me, a Notary Public in and for said County and State personally appeared
Geannie Hensel, Paul D. Hensel, and Timothy M. Hensel known to me to be the individuals
whose names are subscribed to the foregoing instrument and consideration therein expressed,
and in the capacity therein stated.
Given under my hand and seal of office, this ~ day of Ic~~,~~o-O, y
2009. ~J~ /?NotaryPu~ /~
;:Jr<-dL~'V~
Printe~i2J
Commission Expiration:
:5.--cP-o ,-~10
County of Residence:
tt~~
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date: ______________
Mary Ann Burke, Member
Date: ______________
Lori Watson, Member
Date: _____________
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF INDIANA )
) SS:
COUNTYOF __________ )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Easement Agreement" on
behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2008.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: ______
Date: _____________
H< y,«l
'., ! I, II Y I '\<'; I'\Jl:~~'1 l)L~C'I\ I I)1 f()h
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EXHIBIT "A"
.' .
~ ~
~ o
;
~
POINT or
BEGINNING
S.w.
350.0°1
S. LJne S.E. ~
Sec. 6-17-4
Corm:r
E. 1/2 -s.E. 1/4
Sec. 6-17-4
Scale: -,.= 200'
-b ...... ~ ~
_1-1_ 12.00'
25' Utility
b~ g[QSement
~tE ~
799.70'
106th STREET S.£ CornerPOINT Sec. 6-77-4
EXHIBIT liB"
21.09'
~
~r~ ~ ~ ~ I<)
S Ecu ~~ SURV['( LlNf
962.20'
929.66'
~ 0\' '(.e~\'~\&fi ~BIl\ I). ,?OO'.J'"
\f\S\'
7.07'
162.!x)'