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HomeMy WebLinkAboutSweet Jackson Agreement - Carmel Science and Technology Park0 AGREEMENT TO PROVIDE FOR ACCESS TO U.S. 31 ON 126TH STREET AT CARMEL THIS AGREEMENT made and entered into as of the f; day of January, 1986, by and between the City of Carmel, acting through the Board of Public Works and Safety, hereinafter referred to as the "CITY"; SPRINGMILL ASSOCIATES, an Indiana general partnership, hereinafter referred to as the "DEVELOPER and CARMEL SCIENCE AND TECHNOLOGY PARK, an. Indiana general partnership, hereinafter referred to as the "PARK DEVELOPER", WITNESSETH WHEREAS, the "CITY" has petitioned the Indiana Department of Highways ("IDOH") to grant access to U.S. 31 at a projection of 126th Street in the Hamilton County within the corporate limits of Carmel (the "Access Point"), and WHEREAS, the "IDOH", in accordance with I.C. 8-11-1-7, desires to cooperate with local agencies in well-planned endeavors to provide highway facilities for areas where economic development can be enhanced, and 1 of 10 Pages (z) 0 o 0 0 0 WHEREAS, the "CITY" has documented a plan and secured the approval of the Indianapolis Metropolitan Development Commis- sion to include 126th Street at U.S. 31 into the current Indianapolis Regional Thoroughfare Plan as contemplated by the Indianapolis Regional Transportation Improvement Program 1983-1987 (UPP 585), and WHEREAS, the "IDOH" has secured approval from the Federal Highway Administration to allow access to U.S. 31 at the Access Point, and WHEREAS, support has been expressed for stimulating development in the area by the Indiana Department of Commerce and, WHEREAS, it is desirable to prepare for the ever increasing traffic volume in this area by making provisions for future right-of-way improvements to preserve the freeway character of U.S. 31 and at the same time serve the needs of local traffic, and WHEREAS, the "DEVELOPER" owns the real estate adjacent to U.S. 31 at the Access Point, and 2 of 10 Pages 0 WHEREAS, the "DEVELOPER" is willing at its cost and expense to cause the facilities to be constructed to permit access to U.S. 31 at the Access Point, and WHEREAS, the "DEVELOPER" is also willing at its cost and expense to construct the extension of 126th Street from the westerly right-of-way line of Meridian Street to the easterly right-of-way of U.S. 31 at the Access Point, and WHEREAS, the "PARK DEVELOPER" owns the real estate extending from the present termination point of Carmel Drive to the easterly right-of-way line of Meridian Street through which Carmel Drive is to be extended, and WHEREAS, the "PARK DEVELOPER" is willing at its own cost and expense to construct the extension of Carmel Drive through its property to connect with 126th Street at Meridian Street as constructed by the "DEVELOPER", and WHEREAS, the "CITY", the "DEVELOPER" and the "PARK DEVELOPER" desire to set forth the terms and conditions upon which access to U.S. 31 shall be obtained and 126th Street and Carmel Drive constructed; NOW THEREFORE, the parties hereto agree as follows: 3 of 10 Pages 0 0 0 The "CITY" does hereby grant access to U.S. 31 at 126th Street subject to the following provisions: 1. The "DEVELOPER" shall cause to be developed Plans and Specifications for an intersection at the Access Point (the "Intersection"). The Plans and Specifications shall be approved by the "IDOH" prior to award of contract for construction. The plans shall show proposed signals for the Intersection, existing and proposed utilities, and drainage structures. Any field revisions to the plans must be approved by the "IDOH" before implementation. The original plans (linens, wash off, mylar, etc.) and specifications, including any revisions, shall become the property of the "IDOH" upon the completion of the Intersection. All plans shall be delivered to the Division of Traffic, Room 1017, State Office Building, 100 North Senate Avenue, Indianapolis, Indiana. 2. The "IDOH" shall install and pay for any above ground signal work warranted for the Intersection. All other construction, including signal foundations and conduits required for future signalization of the Intersection, shall be performed and installed at the sole cost of the "DEVELOPER" according to the approved plans; provided, however, that although the approved 4 of 10 Pages A 9 0 e 0 0 plans will include the closing of the median cross-over on U.S. 31 at Meridian Street, the "DEVELOPER" shall have no responsibility or liability with respect to such closing or the work required to effectuate such closing. 3. The "CITY" and the "IDOH" shall make a joint inspec- tion of the construction site during the design phase of the project. 4. The "DEVELOPER" shall cause the Intersection to be constructed in accordance with plans and specifica- tions as approved by the "IDOH" and in accord with the 1985 Standard Specifications and any subsequent revisions, as well as, all rules and regulations of the "IDOH", including the Indiana Manual on Uniform Traffic Control Devices. All construction activities shall be coordinated with the Greenfield District Engineer of the "IDOH" for traffic control and inspec- tion purposes. 5. The "CITY" shall make provisions for Penn Road between 111th Street and 131st Street to serve as a frontage road east of U.S. 31, connecting at an intersection on 126th Street. The "DEVELOPER" shall improve Penn Road north of 126th Street in accordance with plans previously submitted to the "CITY". 5 of 10 Pages to re„ 0 ® 0 • # 6. Because future traffic considerations may warrant an expanded interchange at the intersection of U.S. 31 with 126th and 131th Streets, the "DEVELOPER" shall grant rights-of-way easements at the four quadrant corners of the Intersection and at the southwest corner of the 131st Street intersection for the purpose of construction of interchange improvements at these locations, each of such easements to be 75 feet at the right-of-way line of U.S. 31 tapering in a wedge shape for approximately 500 feet to form a triangle, the base of which is parallel to 126th or 131st Street as the case may be. 7. All maintenance costs for 126th Street shall be the responsibility of the "CITY" except the part thereof located within existing "IDOH" right-of-way. 8. The following are attached as exhibits to this Agree- ment: (a) Plan for the construction by the "DEVELOPER" of the Intersection; (b) Plans for the construction by the "PARK DEVELOPER" of Carmel Drive; and 6 of 10 Pages Oe. 0 (c) proposed alignment and typical cross-section plans for 126th Street to be constructed by the "DEVELOPER" from Meridian Street to U.S. 31. 9. The "PARK DEVELOPER" shall construct Carmel Drive in accordance with the plans attached hereto and complete such construction not later than December 31, 1986. All such construction shall be completed in accordance with the applicable ordinances, rules and regulations of the "CITY". 10. The "DEVELOPER" shall construct 126th Street from Meridian Street to U.S. 31 in accordance with plans and specifications therefor to be approved by the "CITY" and shall complete such construction not later than December 31, 1986, or ninety (90) days following the completion of the Intersection, whichever is later. All such construction shall be completed in accordance with the applicable ordinances, rules and regulations of the "CITY". 11. Upon completion of construction of 126th Street and Carmel Drive, the "DEVELOPER" and the "PARK DEVELOPER", respectively, shall dedicate such streets as public rights-of-way and the "CITY" shall accept such streets for maintenance. 7 of 10 Pages 0 0 • 12. Construction of the Intersection, 126th Street and Carmel Drive shall be undertaken by the "DEVELOPER" or the "PARK DEVELOPER", as herein provided, as private undertakings subject only to such regulation by the "IDOH" and the "CITY" as in this Agreement specified. Notwithstanding the foregoing, the "DEVELOPER" and the "PARK DEVELOPER" agree that they and their contractors and sub -contractors, if any, shall not discriminate against any employee or applicant for employment to be employed in the performance of work contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded by the "CITY" as a material breach of this Agreement. 13. The "DEVELOPER" agrees to indemnify, defend, exculpate, and hold harmless the "CITY" and the "IDOH", their respective officials and employees from any liability due to loss, damage, injuries, or other casualties of whatever kind, or by whomsoever caused, to the person or property of anyone on or off the U.S. 31 right-of-way arising out of, or resulting from or connected with, the construction of the Intersection, or from the installation, existence, use, maintenance, condition, repairs, alteration, or removal of any 8 of 10 Pages 0 0 0 equipment or material relating thereto, whether due in whole or in part to the negligent acts or omissions (A) of the "IDOH", its officials, agents, or em- ployees; or (B) of the "City", its agents or em- ployees, or other persons engaged in the performance of the work; or (C) the joint negligence of any of them; including any claims arising out of the Work- men's Compensation Act or any other law, ordinance, order, or decree; provided, however, that the fore- going indemnification agreement relates solely to the initial construction of the Intersection and any loss, damage, injury or casualty incurred or suffered during the course of such construction, and such agreement shall terminate and be void from and after completion of such construction as to any loss, damage, injury or casualty incurred or suffered from and after the date of such completion. For the purposes of this Para- graph 13, the construction of the Intersection shall be deemed completed when it has been opened for traffic. The "DEVELOPER" agrees to pay all reasonable expenses and attorneys fees incurred by or imposed on the "CITY" or the "IDOH" in connection herewith in the event that the "DEVELOPER" shall default under the provisions of this paragraph. THIS AGREEMENT shall be binding upon the parties hereto and their successors or assigns. 9 of 10 Pages 0 C$ Oo wet 0 @ 0• IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers, thereunto duly authorized. CITY OF CARMEL BOARD OF PUBLIC WORKS SAFETY Approved A. Reima , Mayor By €4n Fred A. Swift, MJ6mber By Bill S. Walker, Member ATTEST SPRINGMILL ASSOCIATES By: Springmill Properties, General Partner By Georg General Man P. S;!eet, ger CARMEL SCIENCE AND TECHNOLOGY PARK le 4/1-'44' By Dorothy J.(/hancock Clerk -Treasurer Charles C. Jac General Part 10 of 10 Pages 0