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HomeMy WebLinkAboutMonon and Main, LLC/Parking Garage Enforcement Contract w Exhibit 1; Request for Parking and Traffic Regulation on Private Business Property S:\joberlander\Contracts\Monon and Main, LLC Parking Garage Enforcement Contract.docx AGREEMENT FOR PARKING AND TRAFFIC REGULATION ON PRIVATE BUSINESS PROPERTY This Agreement is entered into by and between the Monon and Main, LLC. (“Monon and Main”); and the City of Carmel, Indiana, an Indiana Municipal Corporation (the “City”). WITNESSETH WHEREAS, Indiana Code § 9-21-18-1 et seq. allows the owner of private business property to contract with a governmental unit to enable the unit to regulate parking and traffic on said private business property; and WHEREAS, Monon and Main is the owner of private business property, specifically a parking garage located at 51 3rd Ave. SW, Carmel, Indiana 46032 (the “Garage”), which is described in greater detail on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Garage is located within Carmel, Hamilton County, Indiana; and WHEREAS, the City is a governmental unit as defined by I.C. § 9-21-8-3; and WHEREAS, Monon and Main now desires to enter into a contract with the City to enable the City to regulate parking and traffic within the Garage. IT IS THEREBY AGREED by and between the parties as follows: 1. Monon and Main and the City agree that the City shall have the authority to enforce all applicable City of Carmel parking and traffic ordinances within the Garage. 2. Monon and Main hereby acknowledges that the enforcement of ordinances by the City within the Garage is at the sole discretion of the City and its officers, employees and agents. By Jon Oberlander at 3:25 pm, Apr 20, 2021 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 S:\joberlander\Contracts\Monon and Main, LLC Parking Garage Enforcement Contract.docx 3. Monon and Main agrees to indemnify and hold harmless the City, its employees, agents, sponsors, attorneys, officers and officials for any and all liability which might result from the enforcement of parking and traffic regulations pursuant to this Contract. 4. All parking and traffic signs installed pursuant to this Contract shall conform to the Indiana Manual on Uniform Traffic Control Devices. Parking and traffic signs shall be paid for in full by Monon and Main and installed by the City. 5. Pursuant to I.C. § 9-21-18-7, the Effective Date of this Contract shall be three (3) days after the Contract is recorded in the Office of the Hamilton County Recorder. 6. The term of this Contract is twenty (20) years from the Effective Date. It may be extended by written agreement of the parties hereto. 7. This Contract constitutes the entire agreement between Monon and Main and the City with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements regarding same. This Contract may only be modified by written amendment executed by both parties hereto, or their successors in interest. [signature pages follow] DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 S:\joberlander\Contracts\Monon and Main, LLC Parking Garage Enforcement Contract.docx ALL OF WHICH IS AGREED to by and between the parties on the dates set out herein. APPROVED by the Monon and Main, LLC this ___ day of ___________, 202_. By _______________________________ Printed: ___________________________ Title: _____________________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared _______________________, who acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of _____________________________________. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 4/21/2021 4/21/2021 4/21/2021 4/21/2021 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9