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HomeMy WebLinkAbout318049 10/31/2017 +u,C�qM CITY OF CARMEL, INDIANA VENDOR: 371603 ,,,,,,, (� ONE CIVIC SQUARE HARRISON MOBERLY, LLP CHECK AMOUNT: $' 8,911.00' ?Q; CARMEL, INDIANA 46032 10 WEST TE MARKET STREET CHECK NUMBER: 318049 @:.MhoN�° INDIANAPOLIS IN 46204 CHECK DATE: 10/31/17 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 902 4340000 6 8,911.00 LEGAL FEES n 2 @ > 0 « S m D Q E > : O k 2 2 OL c > m m R n \ 0 > / q b -0o \ 2 ƒ C / / 0 0) 7 C < < 2 ; E E CD m 9 @ w 2 m 0 q o o # \ « ] -n7 q { \ m \ n 2 k e -n / o O D 3 CD 0 } j 2 $ C. > > 2 OL 3 ¢ 0 ° 7 > -n O CD &f § p (D § § \ 0 \ 2 /i / r, £ $ E s a E 3 k (Dn E E 7 a a n o m E A / U) ƒ & k q - m » J _ ƒ § / 0 k % o E . & / \ CD 3 § = i 0 k = 7 A - § k § 0 0 & C 7- k ƒ § Z & 2 o / - 0 a ± J CO K Cl) c 4 m o CL CLcr -4 #4t m 0 9 - CD CD } i D \ 0 \ 0 7 0 CD � CO » § / \ 0 ƒ� 8 0m ƒ C o ) / \ CL - C) Z 9 o k 3 00 } ( _ . # 52 7 7 2 \0 , =rf\ o ) � D R 2 ) a « �E ' nm CD CL > \ k / C - 0 / M n / E / c \ k r- 0 ¥ - 2 % § i E ; c -L4 ( / E $ } \ q CD _ � _� M 8 m ] CD \ ^ / \ / [_ 7 K ƒ ƒ \ :r e o § o / MOBERLY,LLP ATTORNEYS AT LAW 10 West Market Street Telephone: (317) 639-4511 Suite 700 Facsimile: (317)639-9565 Indianapolis,IN 46204 Federal ID No.: 35-1132014 www.harrisonmoberly.com Carmel Redevelopment Commission Page: 1 30 W. Main Street, Suite 220 08/28/2017 Carmel, IN 46032 Account No. 10790.0001 t tement Na g Director Attn: Michael Frischkorn, Deputy 22/Carmel Redevelopment Commission/General HOURS 07/11/2017 ROB Email messages from/to Jacob Quinn regarding some additional changes/additions to the proposed Ordinance for vacation of excess right of way. Made the requested revisions and recompiled new pdf file with all exhibits,then sent it back to Jacob Quinn. 1.00 07/14/2017 ROB Email letter to Kathy Boren at Hamilton Title(cc:Jeff Abrams, Michael Frischkorn and Corrie Meyer)forwarding copy of Petition to Vacate Excess Right of Way at NW quadrant of Carmel Drive and Rangeline roundabout and informing her we will want to close the transaction with Anderson-Birkla's affiliate soon after July 17, assuming the Carmel City Council approves the proposed ordinance on that date. Follow-up email correspondence from Jeff Abrams, Kathy Boren and Jennifer Wallander regarding timing of closing. 0.20 07/17/2017 ROB Email correspondence with Michael Frischkorn, Corrie Meyer and Jacob Quinn regarding City Council meeting tonight. Per request of Jacob Quinn, prepared Council Member signature page and added same to proposed ordinance for vacation of excess right of way parcels in northwest quadrant of Carmel Drive and Rangeline Road roundabout and sent it to Jacob. Attended Carmel City Council meeting, conferred with Corrie Meyer and Jacob Quinn and presented and explained the vacation ordinance to the Council. 2.00 07/19/2017 ROB Email message to Michael Frischkorn and Mike Lee to request copy of fully-executed Agreement Supplementing Proscenium Project Agreement. Email letter to Kathy Boren and Jennifer Wallander (Hamilton Title),with copies to Jeff Abrams, Michael Frischkorn and Corrie Meyer, attaching and explaining the Agreement Supplementing Proscenium Project Agreement and City of Carmel City Council Ordinance D-2374-17(vacating excess right of way at NW corner of Carmel Drive and Rangeline Road)in relation to the pending closings under Hamilton Title's related Commitment Nos. 1702552 and 1704752, including detailed description of the separate deeds and other closing Please Detach and Return This Portion With Your Remittance-Payment Due U on Receipt of This Invoice. Please Charge$ on the following: Visa MasterCard Amount Remitted: Card Number Check No.: Statement Date: 08/28/2017 Exp.Date(required) Statement No. 6 Account No. 10790.0001 Card Holder Signature CVV2 Code Page: 2 Carmel Redevelopment Commission 08/28/2017 ACCOUNT NO: 10790-0001M STATEMENT NO: 6 22/Carmel Redevelopment Commission/General HOURS documents I will prepare to consummate both the purchase transaction and the land swap in accordance with the terms of the Agreement Supplementing Proscenium Project Agreement. 0.80 07/20/2017 ROB Email from Andrew Greenwood(Old Town Design Group)attaching revised version of Access Easement relating to the Sun King Project in Midtown. Reviewed the changes and sent letter back to him (cc: Michael Frischkorn)reviewing the changes and indicating that I am OK with the changes, subject to Michael Frischkorn's review and, particularly, his and Carmel Redevelopment Commission's acceptance of the change regarding the deadline for commencement of construction. 0.40 07/24/2017 ROB Prepared drafts of four deeds in order to consummate the cash sale and land swap transactions related to adding the former Arby's parcel to the Proscenium Project in accordance with the Agreement Supplementing Proscenium Project Agreement(Three Special Warranty Deeds,two of which required"customized"provisions, and a customized form of quitclaim deed relating to the vacated ROW parcels), including review of all title exceptions in the two title commitments and the prior Woolpert survey relating to the Party Time sale in order to determine which exceptions should or should not be eliminated, several email letters to Kathy Boren and Michael Frischkorn in order to ob ain additional relevant istorical recorded documents lIIIIIIIIIIIIIIIIIIIIP and guidance as to signatures required for Redevelopmen Commission deeds,and review of all documents and emails received in response to my requests. Email correspondence with Jeremy Kashman re ardi including sending him a copy of the survey. Sent the draft deeds to Kathy Boren and Jennifer Wallander(cc: Michael Frischkorn,Jeff Abrams, Corrie Meyer,Jon Oberlander and Mike Lee)as attachments to an email letter explaining the substance and function of each deed as well as which exceptions in the title commitment I did not include in the deed(s)and why I did or did not do so. 8.50 07/25/2017 ROB Email message to Kathy Boren requesting updated title commitment on Order IN1704752, particularly regarding whether mechanic's lien has been released. Prepared draft of Vendor's Affidavit from Carmel Redevelopment Commission(including customized provisions relating to the vacated excess ROW parcels and relating to the Development Agreement with 1212 S Rangeline Properties, in order to clarify and to eliminate exception from title policy). Prepare draft of Vendor's Affidavit from Carmel Development Il, LLC (includin customized rovisions for survey matters including reference ,then sent drafts to Kathy Boren,Jeff Abrams and others,as attachments to explanatory email letters. Email messages from/to Jeff Abrams regarding possible closing date. Email correspondence with Kathy Boren regarding valuation of ROW parcels for title insurance purposes including review of property tax assessment value on most recent tax bills and calculation of pro rata acreage value based on tax valuation. 4.20 07/26/2017 ROB Revised Special Warranty Deed for conveyance by Carmel Development 11, LLC to City of Veterans Way and Executive Drive extensions right of way, adding a reservation of a license/right of entry by CD II in order for it to complete its obligations to build the streets and Page: 3 Carmel Redevelopment Commission 08/28/2017 ACCOUNT NO: 10790-0001 M STATEMENT NO: 6 22/Carmel Redevelopment Commission/General HOURS other Public Improvements in accordance with the Proscenium Project Agreement and City standards and specifications for public streets; then sent clean and redlined versions to Jeff Abram's(cc: Michael Frischkorn and Corrie Meyer)with explanatory email message. Follow-up email correspondence from/to Jeff Abrams. Email correspondence with Kathy Boren and Jennifer Wallander regarding premium for City's title policy and preparation of closing statements. Email correspondence with Michael Frischkorn and Corrie Meyer regarding Jeff Abrams'suggestion for closing on Friday,title insurance premium, Earnest Money Deposit and other closing matters. 1.60 07/27/2017 ROB Reviewed comments and requested changes to my drafts of deeds and vendor's affidavits received from Jeff Abrams late yesterday,then made responsive revisions(accepting some and modifying others),then sent clean and redlined revised versions to Jeff Abrams(cc to Michael Frischkorn, Corrie Meyer and others)with detailed explanatory email letter. Reviewed drafts of closing/settlement statements, sales disclosure forms and other Title Company documents for closing, reviewed relevant provisions of the Project Agreement Supplementing Proscenium Project Agreement relating to allocation of closing expenses and proration of taxes,then made corrective changes to the closing statement for the Cash Closing and to both sales disclosure forms and sent them to Jennifer Wallender at Hamilton Title(cc to Jeff Abrams, Michael Frischkorn, Corrie Meyer and others)with detailed explanatory email letter. Telephone conferences and email " correspondence with Michael Frischkorn,Jennifer Wallender, Corrie -Meyer arfd others regarding the Foregoing and other closing matters, including need for funds to be wired to Hamilton Title(for property tax liabilities)to consummate the closing. 5.30 07/28/2017 ROB Telephone conferences with Michael Frischkorn and Jennifer Wallander regarding issue of shown on closing statement(pro-rated)as cost to Carmel Redevelopment Commission(seller)and credit to Carmel Development II, LLC(buyer), including checking with Mike a ermine that the roe became pro erttax exempt about how to correct the closing statement to remove those taxes. Also, discussions with Mike and Jennifer about timing of payment of the November 2017 tax installment that is to be paid by the Carmel Engineering Dept.,which acquired the property in 2016,and email letter to Ms.Wallander.Jeff Abrams and thprq Pynlaining that ember taxes by payment from the City direct to the Hamilton County Treasurer,and the timing of that payment can be worked out between Coale Meyer, Michael Frischkorn, Carmel Engineering and Tony Birkla. Final review and approval of the revised closing statement, including telephone conference with Jennifer Wallander regarding same. Email correspondence with Jeremy Kashman about release of temporary easement(on the former Party Time site)that was granted to the City for roundabout construction. Follow-up email correspondence about timing of closing--Tony Birkla not available to sign today, but will do so on Monday. 1.50 07/31/2017 ROB Email messages from/to Jeff Abrams and Jeremy Kashman (cc: Michael Frischkorn, et al) regarding Anderson-Birkla's request for release by the Page:4 Carmel Redevelopment Commission 08/28/2017 ACCOUNT NO: 10790-0001 M STATEMENT NO: 6 22/Carmel Redevelopment Commission/General HOURS City of the temporary construction easement on the former Party Time parcel relating to roundabout construction. Email messages from/to Michael Frischkorn and Jennifer Wallander, and telephone conference with Jennifer Wallander and Katy Boren, all regarding closing matters, includin amount of ex enses to be paid by CRC and the fact that CRC is o e con eye erect y to the i y or roa purposes. 0.90 08/01/2017 ROB Email correspondence with Jennifer Wallander and Michael Frischkorn regarding execution and delivery of remaining closing documents and completion of closing for Proscenium expansion/and land swap for right of ways. 0.20 SUBTOTAL FOR CURRENT PROFESSIONAL SERVICES 26.60 8,911.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Rory O'Bryan 26.60 $335.00 $8,911.00 TOTAL CURRENT WORK 8,911.00 PREVIOUS BALANCE (Thank You if Already Paid) $9,447.00 Total Payments for 08/25/2017 -9,447.00 TOTAL BALANCE.DUE $8,911.00