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241638 02/03/15 cggM_ y' CITY OF CARMEL, INDIANA VENDOR: 369076 ONE CIVIC SQUARE AEI ACCREDITED INVESTOR FND 2002(;PIECK AMOUNT: $*"`144,100.00' CARMEL, INDIANA 46032 30 EAST 7TH ST,SUITE 1300 CHECK NUMBER: 241638 ST PAUL MN 55101 CHECK DATE: 02/03/15 �w DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 012115 144,100.00 OTHER EXPENSES ` prG,+ Y 2015003350 EASE $36.00 Aed F 01/26/2015 12:32:15PM 13 PGS � Jennifer Hayden ( f� Hamilton County Recorder IN g LOP Cross Reference:Inst.#20040036878 - Recorded as Presented IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� � �9 0� WATER LINE EASEMENT AGREEMENT THIS WATER,LINE EASEMENT-AGRECMI;NT (the "Agreement") is made this�l s d y of ; 20�by and between AEI Accredited Investor Fund 2002 Limited Partnership, a Minnesota liniited partnership ("Grantor") and City of Carmel, .Indiana, an .Indiana.municipal corporation ("Grantee")' T Recita Is (a) Grantor.is the owner of certain real property located in Hamilton County, Indiana, which is more particularly described in Exhibit`=1"(the"Grantor Property")attached hereto and incorporated herein. (b) Grantee, in connection with Grantee's improveriment/construction of the Michigan Road Water Main Installation--Retail Parkway to 106 th Street(the`'Project"), requires a perpetual, easement over, through, under, upon and across that portion of theGrantor Property more particularly described and depicted on Exhibits`"A" and ".B" attached hereto and incorporated herein,(the"Easement Property")to provide for the laying,installing,constructing,maintaining, operating, inspecting, altering, repairing,:,replacing and "removing water utility lines and associated valves, pumps, fittings, meters, accessories and equipment on, over and across the Easement Property. - (c) Grantor desires to grant and convey to.Graniee, the easement for the upon -the terms and conditions of this Agreement. Now,THERi;roRE, in consideration of the foregoing recitals whichare incorporated herein by reference and the mutual covenants and agreement hereinafter set forth and other-good and valuable consideration the receipt and sufficiency of. which are hereby`acknowledged,'tile parties .,agree as follows: 1. . GRANT OF.WATER LINE EASEMENT. Subject to: (a) the terms and coi itions,of this Agreement; and (b) the rights granted under all prior and existing easements'saffecting the Easement Property;''including, but not limited to, an electric easement.to Indianapolis Power & Light 'Company'under m Inslruent'No. 2003_ -69850; 'a telecommunications easement to SBC Indiana under instrument No. 2003-59939; and a sanitary sewer easement to.Clay Township Regional Waste District under.Instrument No. 90-7926, (the "Existing Easements") Grantor hereby grants and conveys to Grantee a perpetual and non-exclusive easement in, on, over, under . -=and across the Easement Property'for the ptirpose.of laying, installing, constructing, maintaining, operating, inspecting, altering, repairing:.replacing and removing a water utility line and all associated valves, pumps, fittings, meters, accessories and equipment (collectively, the "Improvements"). Subject to the Existing.Easements and the provisions of Section 3 below, Grantee wil I have the right:(a)to remove from the Easement Property any fences,structures,trees, bushes or landscaping that exist at the time of or after the grant of this easement; and (b)to make such alterations and improvements to the Easement Property as is reasonably necessary for the exercise of Grantee's rights under this Agreement. The easement is granted only for the installation and maintenance of a municipal water main easement and as such the easement may not be assigned to any other utility excepting for• a public, quasi-public or private water utility company which has this water main within its distribution sys EXEMPT FROM I SALES DISCLOSURES Water Line Easement:City orCarmel and AEI Accredited Investor BEG 2. GRANT OF INGRESS AND EGRESS AND TEMPORARY USE OF THE GRANTOR PROPERTY. Subject to the terms and conditions of this Agreement, Grantor grants and conveys to Grantee a temporary right of ingress and egress to and from said Easement Property over the Grantor Property and the right to temporarily use, from time to time, but not exceeding a period of ten (10) days, an additional portion of the Grantor Property immediately adjacent to the Easement Property where available and when reasonably necessary for the reasonable exercise of Grantee's rights under this Agreement. F 3. RESTORATION OF EASEMENT PROPERTY. Grantee agrees that upon its exercise of the rights granted under this Agreement, it will restore any portion of the Easement Property, the Grantor Property, any improvements on Grantor Property and/or any adjacent real estate disturbed by its work to as near the condition that existed at the time the portion was disturbed, as is reasonably practicable,specifically including the repair or replacement of the existing ground sign, and in strict compliance with the site and landscape plans approved by the Carmel Plan t Commission under Docket Number 185-02 DP Amend/ADLS . To the extent that any plant :. material dies within one (1) year following completion of the Project, Grantee will promptly replace the plant material with the same type and species or with a type and species approved by the Urban Forester of the City of Carmel using standard landscaping and tree planting industry standards and practices. Grantee agrees that upon receipt of written notice from Grantor of any settling of the soil, erosion or other disturbance in the Easement Property that may result from and r' occur within the first year following the completion of any maintenance or repair activities, it will re-enter the Easement Property to determine if such settling of the soil,erosion or other disturbance of the Easement Property is the result of Grantee's actions under this Agreement. In the event Grantee determines it caused such conditions, Grantee shall take commercially reasonable efforts, based on prevailing industry standards, to correct such condition. .. 4. NON-DISTURBANCE. Grantee agrees that in exercising its rights under this ZD Agreement, that: (a) it will take all commercially reasonable efforts to minimize any interference with the operations, use and quiet enjoyment of the Grantor Parcel; including, but not limited to the restaurant building and related improvements and parking area by Grantor's lessee and its employees, customers, vendors, guests, invitees and licensees; (b) no excavating, boring, use of heavy machinery and related construction activity will be performed between the hours of 10:45 A.M. to 1 :30 P.M. and 4:30 P.M. to 7:00 P.M.; (c) except for emergencies involving the public health, safety or welfare, either Retail Parkway, (the access drive to the south of the Grantor Property from US Highway 421) or Walnut Creek Drive (the access drive to the north of the Grantor Property from US Highway 421) shall remain open to provide access to the Grantor Property. In the event that any construction work which is the subject of this Agreement requires a temporary blockage of access to the Grantor Property via Retail Parkway, (the access drive to the south of the Grantor- Parcel from US H ighway 42 1) or Walnut Creek Drive Water Line Easement:Cit} of'Carmel and AEI Accredited Investor Find 2002 Limited Partnership .y t r 4. Y4 _J J r (the access drive to the north of the Grantor Parcel from US Highway 421), Grantee, or its specified contractor, shall notify Grantor at least ten (10) days prior to commencement of the anticipated work. In addition, any such work shall be undertaken in a manner to minimize the limitation on ingress and egress to the Grantor Property. During any temporary blockage, one- half of the affected drive shall remain open at all times. During instances of temporary blockage, Grantee shall place temporary signage reasonably acceptable to Grantor in order to redirect invitees of Grantor to another entrance and, except for emergencies, blockage of the entire driveway shall not continue for more than four (4) consecutive hours between 8:00 a.m. — 6:00 p.m.; and 1 ' (d) Grantee shall take all reasonable steps to avoid interruption of water service to the restaurant on the Grantor Property; will notify Grantor of any necessary interruption at least five (5) days prior to such interruption and shall schedule such interruption between the hours of 12:00 a.m. and 4:00 a.m. Grantee will coordinate any water service interruption with Grantor's Lessee (Contact: Tracy Bush at(317) 374-1970) and, except in the event of', any emergency,will schedule such interruption so as to minimize the impact on the restaurant located on the Grantor Property. 5. ADDITIONAL OBLIGATIONS OF GRANTEE. To the extent practical and within best construction practices, Grantee will utilize directional boring, rather than open trench excavation and construction, for the repair, maintenance, replacement, reconstruction or relocation of the Improvements. Open cutting or ditches will be utilized to repair, maintain, replace, reconstruct or relocate service lines, taps, hydrants, valves or similar items; as needed as part of the directional boring process; where two water lines intersect or connect; or if the directional boring process fails. It is understood and agreed that with the exception of any manholes or fire hydrants shown on Exhibit C, the Improvements will be underground. Grantee will maintain, repair, replace and service the Improvements in accordance with all applicable laws, regulations, standards, rules or other requirements of any federal, state or local governmental unit or agency having jurisdiction over the Improvements. 6. E\ISTINC UTILITY SERVICE LINES AND ExISTING EASEMENTS. To the extent applicable, Grantee will comply with the Existing Easements, and, to the extent required by applicable law, will be responsible for any necessary relocation, repair and/or replacement of existing utility service lines, equipment and/or other facilities located in the Existing Easements in connection with Grantee's exercise of its rights under this Agreement. Grantee shall indemnify and hold Grantor safe and harmless from and against any and all claims, actions, causes of action, damages, costs, injuries or other liabilities incurred by or asserted against Grantor as a result of or in connection with Grantee's exercise of its rights or breach of its obligations under this Agreement. Grantor shall indemnify and hold Grantee safe and harmless from and against any and all claims, actions, causes of action, damages, costs, injuries or other liabilities incurred by or asserted against Grantee as a result of or in connection with Grantor's breach of this Agreement. 7. MONUiVIEN'r/GROUND SIGN. Grantee acknowledges and agrees that the existing monument/ground sign encroaches and may continue to encroach into the Easement Property and Water Line Easement: City of Cannel and AEI Accredited Investor Fund 2002 Limited Partnership that Grantor may maintain, repair and replace the existing or any replacement monument/ground sign in accordance with applicable laws, rules, ordinances or approvals. 8. MECHANIC'S LIENS. Grantee agrees to promptly discharge (or cause to be discharged) any mechanic's or materialmen's liens asserted against the real estate constituting the Easement Property or any of Grantor's other property that arise out of or in connection with Grantee's maintenance, repair or replacement of the water utility line, any equipment or facilities, use of the Easement Property or the exercise of Grantee's rights under this Agreement. 9. USE OF EASEMENT PROPERTY. With the exception of those improvements in existence on the date of this Agreement, Grantor covenants that it will not erect or maintain any buildings or other structures or obstructions or otherwise use the Easement Property in such a way that will interfere with or defeat the purpose of the easements granted except by express written permission of Grantee. Grantor will not perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence prohibits(among the other prohibitions affected by it)the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. Grantee's use of the Easement Property and the exercise of the rights granted herein will be conducted in such a manner that the Grantor's use of the Easement Property, consistent with this Agreement, will not be unreasonably impaired. Excepting for the Improvements, Grantor will have the primary duty to maintain the Easement Property at its own expense. Grantee will cause any work done under this Agreement to be done in a good and workmanlike manner, in accordance with all applicable laws. Grantee shall require all contractors working on the Easement Property to carry commercially reasonable insurance. 10. ENVIRONMENTAL MATTERS. Grantor covenants and represents that to the best of its knowledge, but without the obligation to obtain or the benefit of a current environmental assessment, neither the Grantor Property nor the Easement Property is presently the subject of,nor is there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee will not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantor Property or the Easement Property prior to the acceptance of this Agreement; (ii) acts of Grantor or any other third party not within Grantee's control; or (iii) conditions on the Grantor Property or the Easement Property not created by Grantee. 11. COVENANT OF TITLE.Grantor hereby covenants that: it is the owner in fee simple of said Easement Property; it is lawfully seized thereof; it has a good right to grant and convey the foregoing easement; the Easement Property is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof,appears of public record; it guarantees the quiet possession of the Easement Property in the Grantee; and that, subject to the foregoing, Grantor will warrant and defend Grantee's rights to the Easement Property granted hereby against all claims thereon. 12. NOTICE.Any and all notices,demands, requests; submissions, approvals, consents, or other communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisions of this Agreement or pursuant to law or other,,vise, will be in writing. All notices will be either(a) sent by overnight delivery using 4 Water Line Easement:City of Carmel and AEI Accredited Investor Ilmd 2002 Limited Partnership a nationally recognized overnight courier, in which case notice will be deemed delivered' one business day after deposit with such courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice will be deemed delivered two business days after deposit in such mails, or(c) sent by personal delivery, in which case notice will be deemed delivered upon receipt or refusal of delivery. All notices will be addressed to the respective parties as follows: If to Grantee: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Cannel City Attorney With a Copy to: City of Carmel One Civic Square t Carmel, Indiana 46032 ; Attn: Director of Utilities t { If to Grantor: AEI Accredited Investor Fund 2002 Limited Partnership c/o AEI Fund Management, Inc. 1300 Wells Fargo Place, 30 East Seventh Street St. Paul, Minnesota 55101 Attn: Robert P. Johnson With a Copy to Paul G. Reis, Esq. Krieg DeVault LLP 12800 North Meridian Street, Suite 300 Carmel, IN 46032 Apple Indiana I, LLC 6200 Oak Tree Boulevard, Suite 250 Independence, Ohio 44131 Attn: Garrett Huth Any such notice will be effective three days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. 13. AUTHORITY. The person executing this Agreement on behalf of a party hereto represents that he/she has the authority to bind that party to the terms and conditions set forth herein and that all necessary action therefore has been taken. 14. COVENANTS TO RUN WITH THE LAND /ENFORCEMENT/ATTORNEY FEES. The grants, rights, obligations, benefits and burdens created by this Agreement will run with the Grantor Property and will apply to and be binding upon and inure to the benefit of Grantee and its grantees, successors and assigns and will bind Grantor and its grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement,the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all 5 Water Line Easement: Ciry of Carmel and AEI Accredited Investor Fund 2002 Limited Partnership amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees). Waiver by either party of any one default hereunder will not be e deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. In the event of any action or proceeding brought by either party against the other under this Agreement,the prevai ling party will be entitled to recover all costs and expenses, including reasonable attorneys' fees. 15. SEVERABILITY. The illegality, invalidity or unenforceability under law of any covenant, restriction, condition or other provision of this Agreement will not impair or affect in any manner the validity,enforceability or effect of the remaining provisions of this Agreement and f` the remaining terms, covenants, conditions and provisions of this Agreement will continue to be valid, binding and enforceable to the fullest extent permitted by law.. 16. APPLICABLE LAW. This Agreement will, in all respects, be governed, construed, applied and enforced in accordance with the laws of the State of Indiana. Grantor and Grantee agree that any litigation associated with or arising from this Agreement will be filed with a court of competent jurisdiction within the State of Indiana. 17. MODIFICATION. This Agreement may not be modified or amended, except pursuant to a written agreement in recordable form executed by each of the parties hereto. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior agreements (whether written or oral), representations and understandings of the parties relating to the subject matter of this Agreement. No representations have been made to induce the other party to enter into this Agreement except as expressly set forth herein. The remainder of this page intentionally left blank. 6 \Vater Line Easement:City of Carmel and AE1 Accredited Investor Fund 2002 Limited Partnership IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day"and year first above written. GRANTOR: GRANTEE: AEI Accredited Investor Fund City of Carmel, Indiana 2002 Limited Partnership; an Indiana municipal corporation a Minnesota limited partnership By: AEI Fund Management XVIII, Inc. By and through its Board of Public Its Corporate General Partner Works and Safety By: By- James Brainard, Mayor R rt o nson � - Presidentn - By: LL:�� Mary Ann urke, Member By: Lori Watso` Member ATTEST: Sandra M 7ohnso Deputy Clerk F&iana L. CoUray, IAMC; Clerk- Treasurer I 7 Water Line Easement:Citv of Carmel and AEI Accredited Investor Fund 2002 Limited Partnership 3 - STATE OF INDIANA SS: COUNTY OF HAMILTON ) .r Before me, a Notary Public in and for said county and state, personally appeared 3acaz Bir ,,Mary Ann Burke and Lori Watson, who being first duly sworn upon their oath, affirmed that they are the elected and appointed members of the City of Carmel Board of Public Works and Safety, they are duly authorized to execute the foregoing Water Line Easement Agreement on its behalf, and acknowledged execution of the foregoing Water Line Easement Agreement for and on behalf of the Grantee. Witness my hand and Notarial Seal this 0� day of NOTARY PUBLIC SANDRA M.JOHNSON NOTARY PUBLIC—INDIANA ® Comm.Expires Aug.30,2018 Printed: OMEN My Commission Expires: My County of Residence: 8 Nater Line Easement:Cite of Carmel and AEl Accredited Investor Fund 2002 Limited Partnership STATE OF MINNESOTA ) SS: COUNTY OF ) This Water �ne Easement was acknowledged before me on, Pc, /72 2014 by Robert P. Johnson, as the President of AD Fund Management XVIII, Inc., the Corporate General Partner of Grantor, for and on behalf of the Grantor. NOTARY PUBLIC } Sam LJaspers i Notary Public-Minnesota My Commission b#Ms 01/31/2011 , Printed: J a My Commission Expires: My County of Residence: itia/Yl • This instrument was prepared by Paul G. Reis, Attorney-at-Law, Krieg DeVault LLP, 12800 N:. Meridian Street, Suite 2800, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Paul G. Reis KD 6037953 ].DOCx 9 Water Line Easement:City of Carmel and AGI Accredited Investor Fund 2002 Limited Partnership f� EXHIBIT"1" 4 Legal Description of Grantor Property LOT NO. 3 1NAMENDED BLOCK D OF WEST CARMEL CENTER, AN ADDITION IN HAMILTON COUNTY, INDIANA.,AS PER PLAT THEREOF RECORDED AS INSTRUMENT NO, 2002-89230 IN TIDE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. TOGETHER WITH NUN-EXCLUSIVE EASEMENTS GRANTED BY THAT CERTAIN OPERATION AND EASEMENT AGREEMENT BETWEEN TARGET CORPORATION AND GLENDALE PARTNERS OF WEST CARMEL, LLC DATED OCTOBER 5,20H AND RECORDED OCTOBER 9,2000 AS INSTRUMENT NO.2000-50552 AND RE-RECORDED FEBRUARY 19,2002 AS LNSTRUMENT NO.2002,13437. 10 Nater Line Easement: Cite of Carmel and AEI Accredited Investor Fund 2002 Limited Partnership t -:t t i { 4 P EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT PROPERTY PART OF LOT 3 IN WEST CARMEL CENTER AMENDED SECONDARY PLAT BLOCK D, RECORDED AS INSTRUMENT NUMBER 200200089230 IN P.C. 3, SLIDE 98 IN THE OFFICE OF THE RECORDER OF 14AMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the Northwest corner of said Lot 3; thence North 53 degrees 53 minutes 18 seconds East, along the North line of said Lot 3, a distance of 15.54 feet; thence South 20 degrees 57 minutes 18 seconds East, a distance of 263.92 feet; to the South line of said Lot 3;thence South ' 53 degrees 53 minutes 18 seconds West, along the South line of said Lot 3, a distance of 15.54 feet;thence North 20 degrees 57 minutes 18 seconds West, a distance of 259.90 feet to the PLACE OF BEGINNING, CONTAINING 0.1928 ACRES (8,397 SQ. FT.) MORE OR LESS. ; I 11 Nater Line Easement:City of Carmel and AEI Accredited Investor fund 2002 Limited Partnership i ROOD! 191NIGAN h.,N?I] �, Ufo,"V BY �-� 1�=n�-Iii (•'ii:•J_CT-- �llt; llf,iitd li4:lt,p VIP,waw ,RE'tii-:0 13Y` : CV,4,!' _ 2=1Jltgf'2'.• a€.li, '_=T.—,10StIl ; T. EXHIBIT C-I'ltdT"Y: 40)lLTrJ%l �C.'t:L�r EASEMENT EXHIBIT . TCN,WZHlr': i, Nf':RT, ti'r,'NE(„ AD .4(X,KI)I.TfC1' IW'rES -ll? .P.,Ip•,Ll 2G I L.P.WING T F;_CO1D GOW11Et1T: 1PRF:?5t4et HL•LCI 0 �5 f f, - s,%' . �'•' FI?.,T.,:i I AREA r THE J> ' � 5J1C E`••_•_ �:� �,f'�l.' NF�f.�!.{I�If,TL L��-`_Tr,�,�[rIT �; - i t4rr:Ti1 •• �• 5 y r r'� t� 5 cj,-. a� '•,a - ;,:.i,'iF` I tya% fix,+ _—ARC—21.13' Vll .fir a��k����5 \ •y�'• i i--., . .� 5 '•a5 '-tit �•r kr''h' F£}i i'L4A—'hi�},• ''�a} •a "� �r_ .- k RAY F'E- S'a 195a. 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MW -t:.�,_..F• uti #f , :. .,,raa;r ;i rrcll frn i ifo-rm-iaa nbt:Jh:d IYCnt In-rurno'fl, taum`zfs 'i -_TI'a �I a eP ' `� tt' ti� 5, !f'aQtnl1i9.!:lr7, __rde:l ,A Ifte t'.€r311lE-m G_un1f F•7.-C&,r':. �:Ifli_e,. tti'.a. is�D01021q VA I _ 41 4F lati_.ry:', Tr r. r.,N :i I— �:!i1 ji, .5 Li y: ;r 3 TI ara;aunptLs A, Sla;e nl lre:im it (.Ir�.,;5.q,n•taI I:i yull:r_a 12 Water Line Easement: Citi'orCarmel and AEI Accredited Investor Fund 2002 Limited Partnership map-h P10% F"o as Darr CARMEL WATER LEGEND MICHIGAN ROAD WATER MAIN ---f�-- AVIO--- PROPOSED WATER NE APPLEBEES EXHIBIT colPROPOSED HYDRANT 40 D 40 80 PROPOSED VALVE JmOmc�w— 1 scALE: 1" 40' pi�,,r4, txA FAIN�k N;- �,7;.�z� p�, KISK, ry' V7 i 01, �g -e, K, JA wy 5MV, Kul LIM�- ' 11110 FIRR41,11. �4c.pjmll, ---- mn- 47 Ac lip, y�T ------ MICHIGAN ROAD lad -7—11 SERVICE LINE HYDRANT CONNECTION INSTALLATION -4 �,y, r• '"'q".","", rJ;'itrwr-«'.ry"`d.+^.."�j5+".w,:�'.`,r^•, .e.�'r,'. •',`F.'+v 'c''•t' rro.a.',.W.i,:.r! .�•. 'o"� rk',_:r,.,;,:,.•,,e...a;:'H�tr -1-•.'•�p`'.d�" .r' 1v 'c., ,w.-� —,-._�i�'", ,.�.".•,-.,-'-'�"-_�'--.-=�n.,. `t- --^--I ---- -_—_'-- _t':.'a^- '1 ,�w4',.,."-:.•r,' .,aM,1_=_� _.1^:ida��:, i -17 7 �7 AN s n!". 41 Wj, 1 ------------- `K��:Zj" 7� Tao Fb 5, Tj PROPOSED I ',—lWATER EASEMENT ,I ILI 5 t��j tj PROPOSEDI RENT 5,rA HYDRANT WATER EASEMEN IIT INSTALLATION PROPOSEDJ�,/4' v", v4a b. WATER MAIN af Sit "A PREPARED BY: I.It L RR, 76. Form W-9 Request for Taxpayer Give Form to the (Rev.August2013) Identification Number and Certification rendtoth IRS. o not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) AEI ACCREDITED INVESTOR FUND 2002 LP NBusiness name/disregarded entity name,if different from above 0 0) M °- Check appropriate box for federal tax classification: Exemptions(see instructions): c 0 ❑ ur Individual/sole proprietor ElC Corporation ❑ S Corporation ✓ Partnership ❑Trust/estate e o Exempt payee code(if any) L u ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exemption from FATCA reporting 0 3 cN code(if any) a E ❑ Other(see instructions)► Address(number,street,and apt.or suite no.) Requester's name and address(optional) u a 30 EAST 7TH ST SUITE 1300 U) City,state,and ZIP code 0 U) ST PAUL MN 55101 List account number(s)here(optional) HIM Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding. For individuals,this is your social security number However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions onn page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 7 3 - 1 1 6 1 4 1 0 1 9 2 1 5 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below),and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► ` G�✓d"ut^�"` Date► 1-7 I General Instructions withholding tax on foreign partners'share of effectively connected income,and 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are Section references are to the Internal Revenue Code unless otherwise noted. exempt from the FATCA reporting,is correct. Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form about Form W-9,at wwwJrs.gov/w9.Information about any future developments W-g to request your TIN,you must use the requester's form if it is substantially affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9. on that page. Definition of a U.S.person.For federal tax purposes,you are considered a U.S. Purpose of Form person if you are: A person who is required to file an information return with the IRS must obtain your •An individual who is a U.S.citizen or U.S.resident alien, correct taxpayer identification number(TIN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized in the you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions,real estate transactions,mortgage interest you paid,acquisition or •An estate(other than a foreign estate),or abandonment of secured property,cancellation of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, 1.Certify that the TIN you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a 2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership income from a U.S.trade or business is not subject to the Cat.No.10231X Form W-9(Rev.8-2013) Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee T1999 AEI Accredited Investor Fund 2002 Limited Partni Purchase Order No. 1300 Wells Fargo Place Terms 30 E Seventh St Due Date 1/30/2015 St. Paul, MN 55101 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/30/2015 012115 $144,100.00 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6 Date v Micer VOUCHER # 142903 WARRANT# ALLOWED T1999 IN SUM OF $ AEI Accredited Investor Fund 2002 Limits 1300 Wells Fargo Place - 30 E Seventh St St. Paul, MN 55101 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 012115 06-1052-06 $144,100.00 Availability Voucher Total $144,100.00 Cost distribution ledger classification if claim paid under vehicle highway fund