The URL can be used to link to this page

Home My WebLink AboutD-2582-21 Private Parking Garage Parking and Traffic Enforcement; Indiana Design Center and Monon and Main Parking GaragesSponsor(s): Councilors Rider, Aasen and Worrell This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on April 21, 2021 at 1:54 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficien cy or otherwise. ORDINANCE D-2582-21 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING TWO AGREEMENTS FOR PARKING AND TRAFFIC REGULATION ON PRIVATE BUSINESS PROPERTY Synopsis: Ordinance approves agreements for parking and traffic regulation by the City within the Indiana Design Center and Monon and Main parking garages. 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, Indiana Design Center, LLC and Monon and Main, LLC, (collectively, the “Owners”) are the owners of parking garages located at 200 S. Rangeline and 51 3rd Ave SW, respectively (the “Parking Garages”); and WHEREAS, the Parking Garages are located within the corporate boundaries of the City of Carmel (the “City”); and WHEREAS, the Owners now desire to enter into agreements with the City that will enable the City to enforce parking and traffic regulations within the Parking Garages; and WHEREAS, pursuant to Indiana Code § 9-21-18-4, agreements to regulate parking and traffic on private business property must be approved by the Common Council before they can take effect; and WHEREAS, approving Agreements to Enforce Parking and Traffic Regulations on Private Business Property with the Indiana Design Center, LLC and Monon and Main, LLC, copies of which are attached hereto and incorporated herein as Exhibit A and Exhibit B, respectively (the “Agreements”), is in the best interest of the City and its residents. NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Agreements are hereby approved by the Common Council. Section 3. The Clerk is hereby directed to record a copy of the Agreements with the Hamilton County Recorder pursuant to Indiana Code § 9-21-18-7. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage execution by the Mayor. Ordinance D-2582-21 Page One of Two Pages DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 Sponsor(s): Councilors Rider, Aasen and Worrell This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on April 21, 2021 at 1:54 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficien cy or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2582-21 Page Two of Two Pages DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 A 19th 19th 8 10:30 May A 0 May Not Present 9:00 May 17th Sponsor(s): Councilors Rider, Aasen and Worrell This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on April 21, 2021 at 1:54 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficien cy or otherwise. DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 CzKpoPcfsmboefsbu3;66qn-Bqs24-3132 EXHIBIT A DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 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. EXHIBIT B By Jon Oberlander at 3:25 pm, Apr 20, 2021 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 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: 5720F431-AB73-499B-A868-043DF1652D63 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: 5720F431-AB73-499B-A868-043DF1652D63 S:\joberlander\Contracts\Monon and Main, LLC Parking Garage Enforcement Contract.docx ATTEST: Sue Wolfgang, Clerk Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel Board of Public Works & Safety and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of the City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Carmel Board of Public Works & Safety and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of the City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 S:\joberlander\Contracts\Monon and Main, LLC Parking Garage Enforcement Contract.docx Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carmel Board of Public Works & Safety and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of the City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name 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. Jon A. Oberlander, Esquire Prepared by: Jon Oberlander, Assistant Corporation Counsel, 1 Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63 DocuSign Envelope ID: 5720F431-AB73-499B-A868-043DF1652D63