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HomeMy WebLinkAboutOld Meridian at Main - Meridian Heights AssociatesRIGHT OF ENTRY Project: Main Street THIS RIGHT OF ENTRY ( "Right of Entry" or "Agreement ") has been executed this day of March, 2015 (the "Effective Date ") by MERIDIAN HEIGHTS ASSOCIATES, LLC ( "Grantor ") and THE CITY OF CARMEL, INDIANA, an Indiana municipal corporation ( "Grantee "). RECITALS WHEREAS, Grantor is the owner of certain real estate located in the City of Carmel, Hamilton County, Indiana; generally located in North Meridian Heights Subdivision and more particularly described in the deed recorded as Instrument No. 2014 o 1 7-23$ in the Office of the Recorder of Hamilton County, Indiana (the "Grantor Parcel "); WHEREAS, Grantee is involved in a project to widen the right -of -way of Main Street between Illinois Street and Old Meridian Street in Clay Township, Hamilton County, Indiana (the "Project "); WHEREAS, Grantor has previously granted Grantee a Right of Entry in connection with the Project over other property owned by Grantor; and WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs to acquire temporary rights to a portion of the Grantor Parcel for the construction of a temporary driveway, which property is more particularly described on Exhibit A (the "Temporary Access Parcel "), which is attached hereto and incorporated herein by this reference. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the foregoing Recitals, all of which are incorporated herein by this reference and the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: 1. Grant. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees the right to use Temporary Access Parcel for the purpose of installing a temporary access drive connecting Sonna Drive to Pennsylvania Way and Grand Boulevard as shown on Exhibit A. Such temporary access drive shall be constructed of crushed stone /gravel and shall provide access for vehicular traffic over such drive for the duration of the Project. Grantor agrees that Grantee may commence work on the temporary access drive upon Grantor's execution of this Right of Entry. Grantee shall maintain the temporary access drive for the duration of the Project. 2. Additional Grantee Obligations. Grantee shall not cause damage to the Grantor Parcel and, upon completion of any work associated with the Project, shall promptly return the Grantor Parcel to a condition that is equal to or better than its condition prior to this Right of Entry. Grantee further agrees to and to cause its contractor to furnish and keep in full force and effect throughout the term of this Right of Entry reasonable and customary insurance coverages. completion of the Project. 4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Temporary Access Parcel, that all approvals from Grantor and any other party with a right or interest in the Temporary Access Parcel have been obtained and that there is no encumbrance, restriction, agreement or other circumstance which would prohibit Grantor from performing its obligations hereunder. The undersigned person executing this Agreement on behalf of Grantor represents and certifies that he is a duly elected officer, member, manager, partner or representative of Grantor and has been fully empowered, by proper resolution, consent or other action of Grantor, to execute and deliver this Agreement; that Grantor has full capacity to enter into this Agreement and to convey the Temporary Parcel; and that all necessary action for entering into this Agreement and for the making of such conveyances has been taken and done. 5. Notices. All notices to be given hereunder by either party shall be in writing and for purposes of this Agreement shall be either personally delivered or sent by certified or registered mail or by a national package express service promising overnight delivery addressed to Grantor at Browning, 6100 W. 96th Street, Suite 150, Indianapolis, IN 46278 , Attention: Jamie Browning and to Grantee at One Civic Square, Carmel, Indiana, 46032, Attention: City Engineer (with a copy of any notice to Grantor also being provided to City Attorney, One Civic Square, Carmel, Indiana, 46032) or to such other person or address as may be designated by either Grantor or Grantee by notice in writing. Notice shall be deemed given and received when personally delivered or on the third (3rd) business day after deposited in the U.S. mail or on the business day after deposited with the package express company. 6. General Agreement of Parties. All rights and obligations hereunder shall be binding upon and inure to the benefit of Grantor and Grantee, their respective permitted successors, assigns and legal representatives. This Agreement is executed under and shall be construed in accordance with the laws of the State of Indiana and there are no promises or agreements between the parties hereto other than those contained or referred to herein. 7. Attorneys' Fees. If Grantor or Grantee brings any action to interpret or enforce this Agreement, or for damages for any alleged breach hereof, the prevailing party in any such action shall be entitled to reasonable attorneys' fees and costs in addition to all other recovery, damages and costs. 8. Severability. In the event any part or provision of this Agreement shall be determined to be invalid or enforceable, the remaining portion of this Agreement shall nevertheless continue in full force and effect. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Signature pages sent by electronic means shall be fully binding on the parties. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Right of Entry as of the day first above written. e - ) Approved and Adopted this 'v day of 7 1 ( , 2015. 2 Approved and Adopted this _LL day of GRANTOR: MERIDIAN HEIGHTS ASSOCIATES, LLC. SY: e2oWNinf4 10/Vsr' t.6NTSr LLC tv.4NA•Gcit_ BY: I��tv�lit�1- Printed: Title: C.4-o *No \) . �. GRANTEE: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: d Ja s Brainard, Pre s,'ding Officer Mary A Date: Lori S. Wat gin, Member Date:��5��5 ATTEST: Diana Cordray, IMCA, Cl ° - Treasurer Date: 1- t�Jj-i I affirm, under the penalties for perjury, that I have taken reasonable care to redact -, h Social Security number in this document, unless required by law. , 2015. Sandra M Johnson Deputy Clerk For PreRare.,..o_•,' °:ouglas C. Haney , Douglas C. Haney,Carmel City Attorney. 3 EXHIBIT A TEMPORARY ACCESS PARCEL 4