HomeMy WebLinkAboutPaperless Packet for BPW 9.15.21Board of Public Works and Safety Meeting
Agenda
Wednesday, September 15, 2021 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the September 1, 2021, Regular Meeting
2. BID/QUOTE OPENINGS AND AWARDS
a. Bid Opening for Construction of the Carmel Data Center; Timothy Renick, Director of
Information and Communication Systems
b. Bid Award for Water Main Extension Project – Towne Road to Overbrook Drive; John
Duffy, Director of the Department of Utilities
3. CONTRACTS
a. Resolution BPW 09-15-21-03; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; CrossRoad
Engineers, P.C.; ($28,000.00); Carmel Police Station – Fiber Optic Project; Additional
Services Amendment; Morgan Rinehart, Network Administrator
b. Resolution BPW 09-15-21-04; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; Enterprise
CrossRoad Engineers, P.C.; ($129,500.00); Data Center; Additional Services
Amendment; Morgan Rinehart, Network Administrator
c. Request for Purchase of Goods and Services; Mainscape, Inc.; ($60,500.00); Janitorial
Services; Additional Services Amendment; Terry Killen, Street Commissioner
d. Request for Purchase of Goods and Services; Morphey Construction; ($34,773.70); 16-
ENG-70 Range Line Road Streetscape / Proscenium Streetscape; CO#4; Jeremy
Kashman, City Engineer
e. Request for Purchase of Goods and Services; Sonostar Group, LLC; ($20,230.77);
Igloos and Replacement Covers; Nancy Heck, Director of the Department of Community
Relations
f. Request for Purchase of Goods and Services; TSW Utility Solutions; ($3,385.00);
Smokey Row Road Utility Extension; CO #2; John Duffy, Director of the Department of
Utilities
g. Request for Purchase of Goods and Services; TSW Utility Solutions; ($1,782.78);
Smokey Row Road Utility Extension; CO #3; John Duffy, Director of the Department of
Utilities
h. Request for Service Agreement; MedVet Associates, LLC; Emergency and Specialty
Veterinary Care Services for CFD Transported Animals; Chief David Haboush, Carmel
Fire Department
i. Request for Parking Agreement; 30 W. Main Street; John Duffy, Director of the
Department of Utilities / Henry Mestetsky, Director of the Carmel Redevelopment
Commission
4. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use City Streets/Rolling Closure; Village of WestClay Owners Association
Neighborhood Fall Festival; October 3rd, 2021; 10:00 AM – 5:00 PM; Sally Cutler,
Village of WestClay Owners Association
b. Request to Use City Streets/Lane Restrictions; Roundabout Week Celebration;
September 23rd, 2021; 4:00 PM – 10:00 PM; Melanie Brewer, City of Carmel
c. Request to Use/Close City Streets; Late Night on Main; Amended Request; October 2,
2021; 2:00 PM – 1:00 AM; Sondra Schwieterman
d. Request to Use/Close City Streets; Late Night on Main; Amended Request; September
17, 2021; 2:00 PM – 1:00 AM; Sondra Schwieterman
e. Request to Use Midtown Plaza; International Movies at Midtown; Notice of CMYC
Sponsorship; August 20th, 2021; 5:00 PM – 9:00 PM; Candy Martin, Carmel Mayors
Youth Council
f. Request to Use City Streets/Total Closure; Lakewood Gardens Annual BBQ Party;
September 25th, 2021; 3:00 PM – 9:00 PM; Glen E. Just
5. OTHER
a. Request for Consent to Encroach; 10375 Windemere Blvd; Jeffrey C. McDermott,
Property Owner
b. Resolution BPW 09-15-21-01; A Resolution of the Board of Public Works and Safety of
the City of Carmel, Indiana, Approving the City of Carmel Fire Department’s
Automatic and Mutual Aid Boundaries Map; Chief David Haboush, Carmel Fire
Department
c. Resolution BPW 09-15-21-02; A Resolution Setting 2022 City and Participant
Contribution Rates for the City of Carmel Employee Health Benefit Plan; Barbara
Lamb, Director of Human Resources
d. Resolution BPW 09-15-21-05; A Resolution of the City of Carmel, Indiana Board of
Public Works and Safety Regarding the Release of Ingress and Egress Easement; James
Crider, Director of Administration
e. Request for Release of Ingress and Egress Easement; Property as Referenced in
Resolution BPW 09-15-21-05; James Crider, Director of Administration
f. Request for Waiver of BPW Resolution No. 04-28-17-01; NW Corner of Range Line and
Smoky Row – Utility Pole Relocation; Duke
g. Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restrictions; Various
Locations – Install Fiber Optic Cables; AT&T
h. Request for Construction Entrance; 5201 E. Main St.; Brittany Heidenreich, TLF
i. Request for Street Cut/Lane Restrictions; Monon Green Blvd and Gradle Dr –
Relocation of Electrical Utilities; Duke
j. Request for Storm Water Technical Standards Waiver; 7299 E 146th St; Trent Baxter,
Versatile Construction
k. Request for Dedication and Deed of Public Rights-of-Way; Veteran’s Way; Henry
Mestetsky, Director of the Carmel Redevelopment Commission
l. Request for Dedication of Public Right-of-Way; Redd Road and Weston Point Drive;
Jennifer Sewell, City Scape Residential
m. Request for Dedication of Public Right-of-Way; Terrace at Mohawk Crossing; Bill
Huntington, HOA President
n. Request for Plat; Troy Estates; Kyle Eichorn, HWC
6. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, September 1, 2021 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER 6 7
Board Member Mary Ann Burke called the meeting to order at 10:06 AM 8
9
MEMBERS PRESENT 10
11
Mayor James Brainard, Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Jennifer Stites 12
were present. 13
14
MINUTES 15
16
Minutes from the August 4, 2021, Regular Meeting. Board Member Burke moved to approve. Mayor Brainard 17
seconded. Request approved 2-0. Board Member Watson abstained. 18
19
Minutes from the August 18, 2021, Regular Meeting. Board Member Burke moved to approve. Board Member 20
Watson seconded. Request approved 2-0. Mayor Brainard abstained. 21
22
BID/QUOTE OPENINGS AND AWARDS 23
24
Bid Award for Water Meter Expansion Connector; John Duffy, Director of the Department of Utilities, 25
recommended awarding the bid to E. J. Prescott, Inc. as they were the lowest and most responsive bidder. 26
Board Member Burke moved to award the bid to E. J. Prescott, Inc. in the amount of $396,618.00. Board 27
Member Watson seconded. Request approved 3-0. 28
29
PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 30
31
Resolution BPW 09-01-21-02; Estates at Towne Meadow/Reduction; Erosion Control; Board Member Burke 32
moved to approve. Board Member Watson seconded. Request approved 3-0. 33
34
Resolution BPW 09-01-21-03; Village of West Clay; Builder’s Sidewalk, Various Locations; Board Member 35
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 36
37
Request for Bond Reduction; Estates at Towne Meadow; Board Member Burke moved to approve. Board 38
Member Watson seconded. Request approved 3-0. 39
40
CONTRACTS 41
42
Resolution BPW 09-01-21-01; A Resolution of the City of Carmel Board of Public Works and Safety 43
Acknowledging Agreement Between City and Vendor; Enterprise Solutions Consulting, LLC; ($1,316,247.00); 44
Oracle CCS Implementation Statement of Work; Board Member Burke moved to approve. Board Member 45
Watson seconded. Request approved 3-0. 46
Request for Purchase of Goods and Services; The Signature Group; ($12,000.00); Event Planning Services; 47
Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. 48
Request approved 3-0. 49
50
Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($1,595.00); Auman 51
Neighborhood Drainage Improvements; CO #2; Board Member Burke moved to approve. Board Member 52
Watson seconded. Request approved 3-0. 53
54
Request for Purchase of Goods and Services; Nathan Chavez; ($15,200.00); Sign Administrator Services; 55
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 56
57
REQUEST TO USE CITY STREETS/PROPERTY 58
59
Request to Use/Close City Streets; Cool Creek North HOA Street Party; September 18th, 2021; 5:00 PM – 60
10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 61
62
Request to Use City Property; Parking Lot NE Corner of Range Line and Main Street; Electric Vehicle Ride 63
and Drive; September 11th, 2021; 2:00 PM – 8:00 PM; Board Member Burke moved to approve. Board 64
Member Watson seconded. Request approved 3-0. 65
66
Request to Use East Paver Patio of the Palladium; Hotel Carmichael Wedding; September 11th, 2021; 1:00 PM 67
– 6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 68
69
Request to Use East Paver Patio of the Palladium; Hotel Carmichael Wedding; October 23rd, 2021; 1:00 PM – 70
5:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 71
72
Request to Use City Streets/EMS/Traffic Control/Barricades; Indy Wholesale Direct 5k Event for Veterans; 73
November 14th, 2021; 8:00 AM – 12:00 PM; Board Member Burke moved to approve. Board Member Watson 74
seconded. Request approved 3-0. 75
76
Request to Use Civic Square Gazebo; Bridal Shower Afternoon Tea; May 21st, 2022, 11:00 AM – 7:00 PM; 77
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 78
79
Request to Use Midtown Plaza; Strawberry Festival; June 11th, 2022; 9:00 AM – 6:00 PM; Board Member 80
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 81
82
Request to Use Civic Square Gazebo; Timmy Global Health Fundraising Event; October 16th, 2021; 12:30 PM 83
– 5:30 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 84
85
Request to Use Civic Square Gazebo/Japanese Garden; Wedding Ceremony; October 2nd, 2021; 3:30 PM – 86
4:30 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 87
88
Request to Use Midtown Plaza; Carmel High School Reunion; September 10th, 2021; 4:00 PM – 10:00 PM; 89
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 90
91
Request to Use Civic Square Gazebo; Prayer Event on the Eucharist, Catholic Education; October 30th, 2021; 92
12:00 PM – 4:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 93
approved 3-0. 94
95
Request to Use/Close City Streets/Civic Square Fountain/Civic Square Gazebo/EMS/Traffic Control/ 96
Security/Barricades; 5k Run/Walk for Traumatic Brain Injury Patients Treatment and Care; October 2nd, 2021; 97
4:30 AM – 1:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 98
approved 3-0. 99
100
Request to Use City Streets/Barricades; Brookshire North Lawn Mower Race/Social Event; October 2nd, 2021; 101
8:00 AM – 10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 102
approved 3-0. 103
104
OTHER 105
106
Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restrictions/Pavement Cut; 13085 Hamilton 107
Crossing; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 108
109
Request for Curb Cut/Curb Cut Vacation; 601 E. 116th Street, TriCo Lift Station; Board Member Burke moved to 110
approve. Board Member Watson seconded. Request approved 3-0. 111
112
Request for Storm Water Technical Standards Waiver; 14555 Hazel Dell Parkway; Board Member Burke moved to 113
approve. Board Member Watson seconded. Request approved 3-0. 114
115
Request for Storm Water Technical Standards Waiver; Range Line and Smoky Row; Board Member Burke moved 116
to approve. Board Member Watson seconded. Request approved 3-0. 117
118
Request for Storm Water Technical Standards Waiver; Napleton Auto Temporary Staging Lot; Board Member 119
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 120
121
Request for Grant of Perpetual Storm Water Quality Management; 4511 W. 99th Street; Board Member Burke 122
moved to approve. Board Member Watson seconded. Request approved 3-0. 123
124
Request for Dedication and Deed of Public Right of Way; Drive Lane Across Parcel 10 as Public Right of Way; 125
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 126
127
Request for Secondary Plat; Winward at The Legacy Townhomes; Board Member Burke moved to approve. Board 128
Member Watson seconded. Request approved 3-0. 129
130
ADJOURNMENT 131
132
Mayor Brainard adjourned the meeting at 10:10 a.m. 133
134
135
APPROVED: ____________________________________ 136
Sue Wolfgang – City Clerk 137
138
_____________________________________ 139
Mayor James Brainard 140
ATTEST: 141
142
__________________________________ 143
Sue Wolfgang – City Clerk 144
RESOLUTION NO. BPW 09-15-21-03
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard,
has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2021.
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:
ATTEST:
Sue Wolfgang, Clerk
Date:
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RESOLUTION NO. BPW 09-15-21-04
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard,
has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2021.
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:
ATTEST:
Sue Wolfgang, Clerk
Date:
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City of Carmel
2021Holiday Event Custodial Services
The City of Carmel Street Department is requesting prices for custodial services duringwinterfestival
events. This service would requirefivestaff members present during operation hours of theholiday
events, aswell as time afterclosing tofully clean.Two of the five staff must primarily be stationed in the
Pavilion area of the event to bus tables, wipe down/ sanitize tables and chairs during eachevent, as well
as empty trashcans.The City will provide trash bags and fill propane tanks for the events.The winter
event hours and dates are listed below.
Thefivestaff members would be requiredto fulfil the following duties:
Change trash can bags, and bring them to atemporary storage area within event location
Clean off tables in the Pavilion and throughout the event area
General custodial cleanup (sweep up debrisfrom the event)
At the beginning of the event, staff members must turn on all propane heaters located throughout the
event (approximately 15 heaters)
At the end of each event evening, staff members must turn off all propane heaters located throughoutthe
event (approximately 15 heaters)
At the end of each evening event, driveall trashbags from temporary storage areas to dumpsters located
approximately halfa mile away
At the end of each evening event, empty gray water containers for approximately 12 vendorsinto a
nearby location
Dates/ Hours of Open Event
please note that it will take an additional 1-2hours for cleanup
after event has closedto perform all custodialduties):
thNovember20th -December 24
Regular Hours (seebelowfor Special Holiday Hours)
Monday -Closed
Tuesday -Closed
Wednesday -4pm-9pm
Thursday -4pm-9pm
Friday -12pm -9pm
Saturday -12pm-9pm
Sunday -12pm-9pm
Closed -Thursday, November 25th forThanksgiving Day
Closed -Saturday, December 25th forChristmas Day
Special Holiday Hours:
EXTENDED HOURS:Wednesday, November 24: 12pm -9pm
OPEN:Monday, December 20: 12pm -9pm
OPEN:Tuesday, December 21: 12pm -9pm
EXTENDED HOURS:Wednesday, December 22: 12pm -9pm
EXTENDED HOURS:Thursday, December 23: 12pm -9pm
SPECIAL HOURS:Friday, December 24: 12pm -3pm
Page 1
TRUE
DATE PROPOSAL8/23/2021
SELECT BRANCH:Indy North
sameSERVICEADDRESSBRANCH ADDRESSBILLINGADDRESSPROPERTYCONTACTINFORMATION
Full Name:Carmel Street Department Crystal EdmondsonMAINSCAPE, INC.
Address:13418 Britton Park Rd
City, State:Fishers,IN 46038
ZIP:
Phone:(317)714-7481
Email Address:www.mainscape.comcedmondson@carmel.in.gov
COMMUNITY & WORK PERFORMED BYWORKORDER #PROPOSED BYPROPERTYNAME
Ben Robles
SERVICE CODE AND DESCRIPTION
1499 - OTHER LANDSCAPE MAINTENANCE
SPECIFICS, DESCRIPTION, & INSTRUCTIONS UNIT PRICEUOMSIZEQTY.TOTAL
NTE $60,500 @$50 per hour $ 60,500.00Janitorialservices5peoplefromNovember20thtoDecember 24th1$ 60,500.00
Notes: TOTAL:$ 60,500.00
Conditions: Theabove price isgood for30daysfrom dateofproposal. Any additional tripstothesitecaused bythecustomer forreasons uncontrolled byMainscape, Inc. willresult ina $65.00 ‘tripcharge’ perevent. No
warranty ontransplanted material. Allmaterial isguaranteed tobeasspecified. Transplanted plant material isnotcovered under warranty. Allwork istobecompleted inaworkmanlike manner according tostandard practices.
Allagreements arecontingent uponstrikes, accidents, orother delays beyond our control. Thepurchaser istocarry fire, tornado, andothernecessary insurance. Mainscape, Inc. isinsured forworkman'scompensation, general
liability, andautomobile liability. Certificates ofinsurance areavailable upon request.
Terms: Netdue uponreceipt, subject toa2% permonth latecharge onpastdueaccounts withcostsincurred incollection ofthiscontract, including reasonable attorney'sfees, tobepaidbythepurchaser.
Acceptance ofProposal: The above prices, specifications, method ofpayment, conditions andterms ofpayment aresatisfactory and hereby accepted. Mainscape, Inc. isauthorized todothework asspecified. Mainscape or
Purchaser maycancel thiscontract atanytimeupon giving a30-daynotice orupon customer default ofpayment terms.
Plant warranty: Trees provided and installed byMainscape, Inc. shallbewarrantied foraperiod ofone (1) year from dateofinstallation. Shrubs andgroundcovers provided andinstalled byMainscape, Inc. shallbewarrantied for
aperiod ofsix (6) months from installation. Sodprovided and installed byMainscape, Inc. shallbewarrantied foraperiod ofthirty (30) daysfrom installation. Annual flowers provided and installed byMainscape, Inc. shallbe
warrantied forthirty (30) daysfrom thedateofinstallation. Transplanted plants arenotcovered under thiswarranty. Allwarranties arecontingent on plantsreceiving proper maintenance.Plants thatare damaged ordiedue toacts
ofGod arenotcovered underthiswarranty. Plantsthataredamaged ordieduetodiseases andinsectsforwhich there isnoknown curearenotcovered under thiswarranty.
Mainscape’sterms andconditions areincorporated herein, andsupersede anyprovisions herein thatareinconsistent with those termsandconditions.
www.mainscape.com/termsandconditions
Purchaser’s SignatureContractor’sSignature
Name Title DateName Title Date
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CityofCarmel Project 16-ENG-70
RangeLineRdStreetscapeIProscenium
Streetscape
Change Order # 4 Executive Dr Irrigation.
Change Order #4istoadd irrigation items near Executive Dr.
2, 419,969.75ContractPricepriortothisChangeOrder
Contract Price will be increased/decreased bythis Change Order $ 34,773.70
NewContract Priceincluding thisChange Order 2,454,743.45
Cumulative % Adjusted ContractAmount Change fromPriceOriginalContract
N/AOriginalContract $ 2,080,000.00 $ 2,080,000.00
C01 - ConstChng1
2.6% Executive DrArtwork $ 53,195.00 $ 2,133,195.00
Duke Equipment Pad
C02 - ConstChng2 2.8% 2, 138,917.205,722.20TuscanyBlock
C03 - ConstChng3
Addl Sidewalk 281,052.55 $2,419,969.75 16.3% Segments
C04 - ConstChng4
Executive Dr 2,454,743.45 18.0% 34,773.70Irrigation
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EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
August 27, 2021
MeganMcVicker
Project Manager
City of Carmel
Community Relations & Economic Development
Dear Ms. McVicker,
My company, Sonostar, has recently signed a contract to provide the City of Carmel, Indiana with
some geodesic domes. There is asection in the contract that asks how many employees are
working for the company. At present, Sonostar has only one employee – myself, as the owner, and
technically I’m not an employee. All our production processes and parts are supplied by outsiders
who are not employees of Sonostar. This may sound unusual, but ifyou knew California employment
law, you would completely understand!
Best regards,
Jon Dietz
Jon@Sonostarhub.com
714) 436-3312
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KD_13149808_7.docx
PARKING AGREEMENT
This PARKING AGREEMENT (“Agreement”) is made this _____ day of ____________,
2021 (the “Effective Date”) by and between the CITY OF CARMEL REDEVELOPMENT
COMMISSION (“CRC”), the CITY OF CARMEL, INDIANA (the “City”), and CIRCLE
HOLDINGS LLC, an Indiana limited liability company (“Circle”);
WITNESSETH:
WHEREAS, Circle owns that certain real estate more particularly described on Exhibit A
attached hereto and made a part hereof (the “First Floor”);
WHEREAS, Circle recently purchased the First Floor from E. Lurie, L.L.C. (“Lurie”);
WHEREAS, the City owns that certain real estate more particularly described on Exhibit
B attached hereto and made a part hereof (the “Second Floor”);
WHEREAS, the CRC and the City own certain parking spaces adjacent to or in the vicinity
of the First Floor and Second Floor as shown on Exhibit C attached hereto and made a part hereof
(the “Parking Spaces”);
WHEREAS, Lurie and the City have used the Parking Spaces over the last several years;
and
WHEREAS, the parties desire to memorialize the use of certain of the Parking Spaces by
Circle as the owner of the First Floor, together with certain terms and conditions relating to the
same, as provided herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Right to Use Parking Spaces. The CRC and the City hereby grant Circle, and any
party that purchases the entirety of the First Floor, and each of their tenants, employees, tenants’
employees, customers, tenants’ customers, invitees, and tenants’ invitees (a “First Floor Party”,
and collectively, the “First Floor Parties”) the right to use Parking Spaces 1, 2, 3, 4 and 10 as
shown on Exhibit C (the “First Floor Parking Spaces”) throughout the term of this Agreement.
The CRC and/or the City shall, within a reasonable period of time after the Effective Date, post
signs on the First Floor Parking Spaces identifying such First Floor Parking Spaces as being
reserved for the First Floor.
2. Relationship. This Agreement shall, in no event, be deemed to create any
relationship among the parties, including, without limitation, landlord-tenant, principal-agent,
master-servant, employer-employee or partner-joint venturer.
3. Maintenance. The CRC and/or the City shall be responsible for maintaining the
First Floor Parking Spaces in generally the same condition as exists on the date of this Agreement.
The parties shall cooperate with one another regarding the removal of snow and ice from the First
Floor Parking Spaces.
2
KD_13149808_7.docx
4.Term and Redevelopment. The parties acknowledge that the First Floor Parking
Spaces are located on real estate that the CRC intends to redevelop and/or sell for redevelopment
and upon such redevelopment the First Floor Parking Spaces will not be available. The CRC shall
provide at least sixty (60) days’ notice of such redevelopment and the First Floor Parking Spaces
being unavailable. In connection with such redevelopment, the CRC shall endeavor, using good
faith efforts, to keep the First Floor Parking Spaces available as long as possible taking into account
such redevelopment and construction schedules. If such redevelopment includes public parking,
the CRC shall endeavor, using good faith efforts, but is not obligated, to make available up to five
(5)non-exclusive parking spaces, at no initial construction cost or ongoing rental cost, for the
benefit of the First Floor in the redevelopment. At such time as the First Floor Parking Spaces are
unavailable, this Agreement shall terminate. The parties agree to cooperate with each other in the
event that any public health and safety, redevelopment or other public concerns necessitate the
modification or termination of the rights granted herein. Further, the parking rights may be
temporarily modified and/or suspended in the event of any emergency, maintenance or similar
circumstance.
5. Insurance. Circle agrees, at the request of the CRC and/or the City, to provide
evidence of commercial general liability, auto liability, worker’s compensation insurance and such
other insurance as the CRC and/or the City shall reasonably require, including naming the CRC
and/or the City as an additional insured.
6.Indemnification. Circle will indemnify, defend and save the CRC and the City,
their respective officials, officers, members, partners, employees, lessees and agents harmless from
any and all claims, actions, causes of action, liability, loss, damage, cost, obligation and expense
which arises out of or results from any negligent act, whether of commission or omission, of Circle,
its agents, employees, contractors, subcontractors, licensees or other party claiming by, through or
under Circle, occurring in or about the First Floor Parking Spaces, whether in the exercise of
Circle’s rights hereunder or in breach or excess thereof.
7.“As Is”: The First Floor Parking Spaces are made available in its “as is” condition.
8.Notices. All notices to be given hereunder by any party are to be in writing and for
purposes of this Agreement are to be either personally delivered or sent by certified or registered
mail or by a nationally recognized overnight carrier service addressed to Circle
Holdings, LLC, 13786 Driftwood Drive, Carmel, IN 46033; and to the City at 30 West Main
Street, Suite 200, Carmel, Indiana 46032, Attention: Director of Utilities (with a copy of any
notice to the City also being provided to Corporation Counsel, One Civic Square, Carmel, Indiana
46032) and to the CRC at 580 Veterans Way #100, Carmel, Indiana 46032, Attention:
Director of Redevelopment and one (1) day after being deposited with a nationally
recognized overnight carrier service or to such other person or address as may be designated by
either Circle, the City or the CRC by notice in writing. Notice will be deemed given and
received when personally delivered, when or on the third (3rd) business day after deposited in
the U.S. mail upon receipt or refusal of delivery, or one (1) day after being deposited with a
nationally recognized overnight carrier service.
3
KD_13149808_7.docx
9.No Recording. Neither this Agreement nor any memorandum hereof is to be
recorded in the Office of the Recorder of Hamilton County, Indiana.
10.Easements and Encumbrances. The parties acknowledges that the parking rights
granted in this Agreement are for the benefit of the First Floor Parties, or any entity (and their
invitees) that owns or leases the entirety of the First Floor. The rights herein do not extend to any
other party or property unless such party or property is a First Floor Party. This Agreement can
only be assigned to a purchaser of all of the First Floor. Circle shall not grant easement rights, or
any other rights to use the First Floor Parking Spaces, in whole or in part, to any other person or
entity (except a First Floor Party), or allow any lien, including, without limitation, mechanic's
liens, to attach to the First Floor Parking Spaces.
11.Validity. The invalidity or unenforceability of any covenant, condition, term or
provision in this Agreement shall not affect the validity and enforceability of any other agreement,
condition, term or provision in this Agreement.
12. Binding Effect: This Agreement will not be binding on or constitute evidence of a
contract between the parties until such time as it has been executed by each party and an original
thereof delivered to each other party to this Agreement.
13.No Representations or Warranties: There are no representations and warranties by
the parties, their agents, servants and employees whether oral or in writing, relating to or
concerning this Agreement other than as specifically set forth herein. Each of the parties hereto
warrants and represents to the other that it is authorized or empowered to enter into this Agreement
and perform the terms hereof.
14.Entire Agreement: This Agreement constitutes the entire agreement between the
parties hereto and supersedes all prior written and oral agreements and understanding relating to
the subject matter hereof.
15.Modification: This Agreement may not be modified, amended or discharged except
by an instrument in writing signed by the parties hereto. No waiver or consent may be enforced
unless such waiver or consent shall be in writing and signed by the party against whom
enforcement thereof is sought.
16.Applicable Law: This Agreement shall be governed by the laws of the State of
Indiana.
17.Successors and Assigns: This Agreement shall be binding upon, and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors and
permitted assigns.
18.Parties to Cooperate: Each party shall reasonably cooperate with the others, and
promptly obtain, execute and deliver such document as are reasonably necessary in order to
effectuate or confirm any provisions of this Agreement.
4
KD_13149808_7.docx
19. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURE PAGE FOLLOWS]
5
KD_13149808_7.docx
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed
on their behalf by their duly authorized officers and their corporate seals to be hereunto affixed the
day and year first above written.
“CRC”
THE CITY OF CARMEL REDEVELOPMENT
COMMISSION
By:
Printed Name:
Title:
By:
Printed Name:
Title:
6
KD_13149808_7.docx
“CITY”
CITY OF CARMEL, INDIANA,
By and through its Board of Public Works and
Safety
By:
James Brainard, Presiding Officer
Lori S. Watson, Member
Mary Ann Burke, Member
ATTEST:
Sue Wolfgang, Clerk
8
KD_13149808_7.docx
EXHIBIT A
The Real Estate
9
KD_13149808_7.docx
EXHIBIT B
The Second Floor
10
KD_13149808_7.docx
EX HIBIT C
The Parking Spaces
JS 9-8
BPW 9-15
CRED/MAYOR 9-8-21
CFD Sutton 9-8-21
CPD Bickel 9-8-21
Reviewed via email
JS 9-8
BPW 9-15
CRED/MAYOR 9-7-21
CPD Bickel 9-7-21
CFD Sutton 9-7-21
Reviewed via email
CITY OF CARMEL, INDIANA
INFORMATION
SPECIAL EVENT / FACILITY USE REQUEST FORM
Contac t Person
Email
Phone Number:
Cell Number:
Address
Name/Organization:
Organization Type:
Residency/Loc ation:
Event/Use Purpose:
Event Date End Date
Number of People Expected:
Set-Up Start time
Tear Dow n End Time
CONTACT INFORMATION:
Sondra Schwieterman
Sondra_schwieterman@outlook.com
3176578263
317-657-8263
City
INDIANAPOLIS
State / Province / Region
Indiana
Postal / Zip Code
46240
Country
United States
Street Address
8649 N COLLEGE AVE
Address Line 2
City of Carmel - Late Night on Main
Non-Profit Organization
Do you reside or are you located within the Carmel city limits?
Ye s
No
Street party with stage and band to allow Main Street and surrounding area
merchants to stay open late
10/2/2021 10/2/2021
4,000
03:00:00 PM
01:00:00 AM
----------------- 02:00 PM
AMENDED REQUEST
CHANGE START TIME TO 2 PM
JS 9-8BPW 9-15
CRED/MAYOR
CPD BICKEL 8-30-21
CFD HARRINGTON 8-30-21
9-7-21
Event Start time:Event end time:
Rehearsal
Rehearsal Date:
Rehearsal
Start Time:
Rehearsal
End Time:
Fees?
Desc ription of Event:
FACILITY (S)
REQUESTS:
VENDORS:
09:00:00 PM 12:00:00 AM
NA
Will a Fee be charged for this event? If yes please describe in narrative below.
Y ES
NO
Provide a brief description of event
This cherished community event allows Main Street shops to stay open late and
local vendors to have booths to sell food and beverages. Popular bands play on a
large stage from 9 pm to midnight.
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
CITY FACILITY (S) REQUESTED: Mark all that appl y
CARTER GREEN
CIVIC SQUARE FOUNTAIN AREA
CIVIC SQUARE GAZEBO
JAPANESE GARDEN
M ONON & M AIN PLAZA
M IDTOWN PLAZA - Ev e nts must be fre e and ope n to the public.
REFLECTING POOL - Ple ase note that Ve te ran's Plaza is NOT av ailable
for re nt.
SOPHIA SQUARE
Othe r Main Street from Veterans Way/1 Ave NW to Rangeline
SPECIAL REQUESTS: Mark all that apply
ELECTRICITY
FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO
JAM ES BUILDING RESTROOM S (CARTER GREEN) *Extra fe e s apply
N/A
Othe r Sophia Square Parking Restrooms
VENDORS: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
VENDORS PRESENT
FOOD SERVED
ALCOHOL SERVED - Ple ase se e Se ction M unde r “Ge ne ral Te rms and
Conditions” in the spe cial e v e nt policy handbook.
N/A
CITY SERVICES
NEEDED:
Neighborhood
Name/Streets to be
c losed
UPLOAD MAP
Type of Closure:
Further Info for type of
c losure
CITY SERVICES NEEDED: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
EM ERGENCY M EDICAL SERVICES (EM S)
TRAFFIC CONTROL
ONSITE SECURITY
BARRICADES
NO PARKING SIGNS (PICK UP AT CARM EL POLICE DEPARTM ENT)
N/A
Please note the number of NO PARKING SIGNS needed
Same as last time
EVENT SET UP: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
Stage
Size of Stage
Te nt(s) – If you are re que sting M idtown Plaza, the e xclusiv e v e ndor for
te nt re ntal is A-Classic Party Re ntals (317-251-7368).
Size of Tent (s)
Bounce House
N/A
Othe r
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
STREET(S) REQUESTED:
SEE CITY OF CARMEL FACILITY USE POLICY
Main Street from Veterans Way/1st Ave NW to Rangeline
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
Rolling closure
Total closure
Lane re strictions - e xplain be low
Othe r - e xplain be low
N/A
Explain lane restrictions needed and other needed below:
Map will be provided once approved by Nancy Heck (who is out on vacation)
A re fundable Se curity De posit in the amount of $100 for any applicant located or residing within Carmel city limits
or a non-re fundable e v e nt fe e in the amount of $150 for any applicant located or residing outside of Carmel city
limits must be re ce iv e d prior to application r e v ie w or proce ssing.
Payment may be made online using a credit or debit card at www.govpaynow.com PLC #A0026j, calling the Govpay
call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the
City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
The Carme l Board of Public Works and Safe ty r e se r v e s the right, in its sole discre tion, to de ny any facility
use re que st and/or re v oke any pr e v isously gr ante d re que st to use a City facility for any lawful r e ason.
SECURITY DEPOSIT AND FEE:
DISCLAIMER:
ACKNOWLEDGEMENT AND AGREEMENT
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms
and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for
any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy
and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that
the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my
organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees,
agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with
this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-
owned facility and/or property.
*
GO TO SUBM IT TAB AND CLICK ON SUBM IT
City of Carmel - Late Night on Main
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Sondra Schwieterman, Event Planner
Printed Name and Title (If applicable)
1132 S. Rangeline Rd, Ste 200 - 46032
Address of Organization/Applicant
6/30/2021
Date
CITY OF CARMEL USE ONLY
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
James Brainard, Presiding Officer
Date: ______________________________
___________________________________
Mary Ann Burke, Member
Date: ______________________________
___________________________________
Lori Watson, Member
Date: ______________________________
ATTEST:
_____________________
Sue Wolfgang, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
----------------------
9-7-21
JS 9-8
BPW 9-15
CRED/MAYOR 9-7-21
CFD Sutton 8-26-21
CPD Bickel 8-26-21
Reviewed via email
JS 9-8
BPW 9-15
CRED/MAYOR 9-7-21
CFD Sutton 9-7-21
CPD Bickel 9-7-21
Reviewed via email
CzTfshfzHsfdivlijobu4;26qn-Bvh38-3132
Insurance Rate Resolution
RESOLUTION BPW 09-15-21-02 1
2
3
4
A RESOLUTION SETTING 2022 CITY AND PARTICIPANT CONTRIBUTION 5
RATES FOR THE CITY OF CARMEL EMPLOYEE HEALTH BENEFIT PLAN 6
7
8
WHEREAS, the City of Carmel operates the City of Carmel Employee Health Benefit 9
Plan (the “Plan”) to provide medical and dental benefits for its employees and retirees; and 10
11
WHEREAS, the Board of Public Works and Safety, as Plan Administrator, is responsible 12
for ensuring adequate current and reserve funding for the Plan; and 13
14
WHEREAS, the primary source of revenue for the Plan consists of bi-weekly employer 15
and participant contributions; and 16
17
WHEREAS, it is imperative for Plan revenues to correspond with anticipated expenses; 18
and 19
20
WHEREAS, the City wishes to encourage employees to enroll in the consumer-driven 21
health care plan. 22
23
NOW, THEREFORE, BE IT RESOLVED by the Carmel Board of Public Works and 24
Safety as follows: 25
26
Effective January 1, 2022, health insurance contribution rates for the City and for its Active 27
Employees will be as stated on Attachment A, for Common Council Members as stated on 28
Attachment B, for Retirees as stated on Attachment C and for COBRA participants as stated on 29
Attachment D, all incorporated herein by this reference. 30
31
32
BE IT FURTHER RESOLVED that participants who meet the stated requirements will be 33
eligible for the incentive described below: 34
35
1.The City will make a bi-weekly contribution into the Health Savings Account (HSA) of an 36
Active Employee or Common Council Member who is eligible for an HSA, in the following 37
amounts: 38
39
a.$30.77 for employee only coverage 40
b.$38.46 for employee/spouse or employee child(ren) coverage 41
c.$46.15 for family coverage 42
43
All City HSA contributions in 2022 shall be deposited to employee accounts at Indiana 44
Members Credit Union. 45
46
A Retiree who elects to enroll in Plan A shall receive an equivalent amount by check, half in 47
February and half in August. 48
Insurance Rate Resolution
The HSA contribution amount will change if and when the participant’s level of coverage 49
changes, and contributions will cease if coverage is cancelled or, in the case of an Active 50
Employee or a Common Council Member, if the employment relationship is terminated. 51
52
53
54
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this 55
____ day of _____________, 2021, by a vote of ______ ayes and ______ nays. 56
57
CITY OF CARMEL, INDIANA 58
By and through its Board of Public Works and Safety 59
60
61
62
___________________________________ 63
James Brainard, Presiding Officer 64
65
Date: ______________________ 66
67
68
___________________________________ 69
Mary Ann Burke, Board Member 70
71
Date: ______________________ 72
73
74
___________________________________ 75
Lori Watson, Board Member 76
77
Date: ______________________ 78
79
80
81
ATTEST: 82
83
___________________________________ 84
Sue Wolfgang, Clerk 85
86
Date: ______________________ 87
Insurance Rate Resolution
Attachment A
ACTIVE EMPLOYEES
2022 BI-WEEKLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion City % Employee Portion Employee %
Employee Only $351.00 $299.00 85% $52.00 15%
Employee/Spouse $811.00 $690.00 85% $121.00 15%
Employee/Child(ren) $744.00 $633.00 85% $111.00 15%
Employee/Family $1,216.00 $1,034.00 85% $182.00 15%
Plan B (PPO)
Total Premium City Portion City % Employee Portion Employee %
Employee Only $413.00 $331.00 80% $82.00 20%
Employee/Spouse $953.00 $763.00 80% $190.00 20%
Employee/Child(ren) $876.00 $701.00 80% $175.00 20%
Employee/Family $1,430.00 $1,144.00 80% $286.00 20%
Dental
Total Premium City Portion City % Employee Portion Employee %
Employee Only $30.00 $22.50 75% $7.50 25%
Employee/Spouse $55.00 $41.50 75% $13.50 25%
Employee/Child(ren) $51.00 $38.50 75% $12.50 25%
Employee/Family $76.00 $57.00 75% $19.00 25%
Insurance Rate Resolution
Attachment B
COMMON COUNCIL MEMBERS
2022 BI-WEEKLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion City % Employee Portion Employee %
Employee Only $351.00 $264.00 75% $87.00 25%
Employee/Spouse $811.00 $609.00 75% $202.00 25%
Employee/Child(ren) $744.00 $558.00 75% $186.00 25%
Employee/Family $1,216.00 $912.00 75% $304.00 25%
Plan B (PPO)
Total Premium City Portion City % Employee Portion Employee %
Employee Only $413.00 $310.00 75% $103.00 25%
Employee/Spouse $953.00 $715.00 75% $238.00 25%
Employee/Child(ren) $876.00 $657.00 75% $219.00 25%
Employee/Family $1,430.00 $1,073.00 75% $357.00 25%
Dental
Total Premium City Portion City % Employee Portion Employee %
Employee Only $30.00 $22.50 75% $7.50 25%
Employee/Spouse $55.00 $41.50 75% $13.50 25%
Employee/Child(ren) $51.00 $38.50 75% $12.50 25%
Employee/Family $76.00 $57.00 75% $19.00 25%
Insurance Rate Resolution
Attachment C
RETIREES
2022 MONTHLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion City % Participant Portion Retiree %
Employee Only $761.00 $0.00 0% $761.00 100%
Employee/Spouse $1,757.00 $0.00 0% $1,757.00 100%
Employee/Child(ren) $1,612.00 $0.00 0% $1,612.00 100%
Employee/Family $2,635.00 $0.00 0% $2,635.00 100%
Plan B (PPO)
Total Premium City Portion City % Participant Portion Retiree %
Employee Only $895.00 $0.00 0% $895.00 100%
Employee/Spouse $2,065.00 $0.00 0% $2,065.00 100%
Employee/Child(ren) $1,898.00 $0.00 0% $1,898.00 100%
Employee/Family $3,098.00 $0.00 0% $3,098.00 100%
Dental
Total Premium City Portion City % Participant Portion Retiree %
Employee Only $65.00 $0.00 0% $65.00 100%
Employee/Spouse $119.00 $0.00 0% $119.00 100%
Employee/Child(ren) $111.00 $0.00 0% $111.00 100%
Employee/Family $165.00 $0.00 0% $165.00 100%
Insurance Rate Resolution
Attachment D
COBRA
2022 MONTHLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion City % Participant Portion Retiree %
Employee Only $776.00 $0.00 0% $776.00 100%
Employee/Spouse $1,792.00 $0.00 0% $1,792.00 100%
Employee/Child(ren) $1,644.00 $0.00 0% $1,644.00 100%
Employee/Family $2,688.00 $0.00 0% $2,688.00 100%
Plan B (PPO)
Total Premium City Portion City % Participant Portion Retiree %
Employee Only $913.00 $0.00 0% $913.00 100%
Employee/Spouse $2,106.00 $0.00 0% $2,106.00 100%
Employee/Child(ren) $1,936.00 $0.00 0% $1,936.00 100%
Employee/Family $3,160.00 $0.00 0% $3,160.00 100%
Dental
Total Premium City Portion City % Participant Portion Retiree %
Employee Only $66.00 $0.00 0% $66.00 100%
Employee/Spouse $121.00 $0.00 0% $121.00 100%
Employee/Child(ren) $113.00 $0.00 0% $113.00 100%
Employee/Family $168.00 $0.00 0% $168.00 100%
S:\joberlander\Misc\BPW 09-15-21-05 Release of Ingress and Egress Easement Resolution final.docx9/9/2021 1
RESOLUTION NO. BPW 09-15-21-05
A RESOLUTION OF THE CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND
SAFETY REGARDING THE RELEASE OF INGRESS AND EGRESS EASEMENT
WHEREAS, in 2017, the City of Carmel, Indiana (the “City”) acquired real property located at 3
Civic Square, Carmel, Indiana 46032 (the “Property”) subject to a mutual ingress and egress easement with
the adjoining parcel to the east of the Property (the “Original Easement”), attached hereto as Exhibit A, and
incorporated herein by this reference; and
WHEREAS, the City is seeking to redevelop the Property and the Original Easement is no longer
needed for any City purpose; and
WHEREAS, in order to facilitate the redevelopment of the Property, the City is willing to release
the Original Easement.
NOW, THEREFORE BE IT RESOLVED, that the City of Carmel Board of Public Works and
Safety hereby makes the following findings:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The City has determined that the Original Easement is no longer needed for any City purpose
and shall be released.
3. The City shall execute and record in the Office of Hamilton County Recorder the attached
Release of Ingress and Egress Easement.
SO RESOLVED. Approved and adopted this ________ day of __________________, 2021. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: __________________________________ James Brainard, Presiding Officer Date: _____________________________ __________________________________ Mary Ann Burke, Member Date: _____________________________ __________________________________ Lori S. Watson, Member Date: _____________________________
S:\joberlander\Misc\BPW 09-15-21-05 Release of Ingress and Egress Easement Resolution final.docx9/9/2021 2
ATTEST: __________________________________ Sue Wolfgang, Clerk Date:______________________________
CROSS REFERENCE:
Easement for Use of Driveway in Common
recorded Inst. No. 4505, Book 274 Page 218
in the office of the Recorder of Hamilton County, Indiana.
Special Warranty Deed recorded Inst. No. 2017010008
in the office of the Recorder of Hamilton County, Indiana.
County Parcel No. 16-09-36-00-00-008.001
RELEASE OF INGRESS AND EGRESS EASEMENT
THIS RELEASE OF INGRESS AND EGRESS EASEMENT is executed the day and year written
below, by THE CITY OF CARMEL, INDIANA (the “City”), by and through its Board of Public Works
and Safety.
1. The City is the fee simple owner of the real property conveyed by the deed referenced
above, which is more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference (the “Property”).
2. On April 17, 1974, E.R. Edwards and R. A. Delello, previous owners of the Property, and
Railroadmen’s Federal Savings and Loan Association of Indianapolis, owner of the adjoining parcel east
of the Property, executed a mutual ingress and egress easement titled Easement for Use of Driveway In
Common across certain property located in Hamilton County, Indiana (the “Original Easement”), which
is attached hereto as Exhibit B and incorporated herein by this reference.
3. The Original Easement was recorded as Instrument No. 4505, Book 274 Page 218 in the
Office of the Recorder of Hamilton County, Indiana.
3. The City, a successor in interest to the Original Easement, is now seeking to redevelop the
Property and no longer requires the Original Easement.
4. Pursuant to Resolution No. BPW 09-15-21-05, the City has determined that the Original
Easement is no longer necessary for any City purpose. The City hereby releases all rights the City has to
and under the Original Easement. Notwithstanding the foregoing, the City’s release of the Original
Easement is not, and will not be, construed to be the consent or release by any other party, who may have
or claim to have rights under the Original Easement.
Executed this ___ day of September, 2021.
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:
ATTEST:
Sue Wolfgang,
Date:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of the
City of Carmel Board of Public Works and Safety, who acknowledged the execution of the foregoing
“Release of Ingress and Egress Easement” on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2021.
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence:
This instrument was prepared by Sergey G. Grechukhin, Assistant Corporation Counsel, One Civic
Square, Carmel, Indiana 46032.
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.
1
DEDICATION & DEED OF PUBLIC RIGHT-OF-WAY
THIS INDENTURE WITNESSETH:
That The City of Carmel, Indiana, an Indiana municipal corporation, (the "Grantor"), the fee simple
owner of the real property described within the attached Warranty Deed, incorporated herein by this
reference as Exhibit A (“Property”), which Property is located in the City of Carmel, Hamilton County,
State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights
whatsoever retained, all of Grantor’s rights, title, and interest in the Property, to the City of Carmel,
Indiana, an Indiana municipal corporation (“Grantee”), subject to all existing easements and rights-of-
way of record, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged.
The undersigned represent and warrant that they are the fee simple owners of the Property; that Grantor
has full capacity to convey the Property; that they have full authority to execute and deliver this
instrument; that they are therefore, fully empowered to convey the Property to the City of Carmel,
Indiana, and that on the date of execution of this Dedication and Deed of Public Rights-of-Way, they
had full authority to so act; and that all necessary action for the making of this conveyance has been
duly taken.
The undersigned represents and warrants that no consent of any third party, including, but not limited
to, mortgagees, lenders, landlords, tenants, partners, members, managers, shareholders or joint
venturers, is required for the valid and binding execution and delivery of this Dedication and Deed of
Public Right-of-Way.
[Signature page to follow]
2
IN WITNESS WHEREOF, Grantor has executed this Instrument to be effective as of the ____ day of
_______________, 2021.
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
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,
MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of THE CITY OF CARMEL, who
acknowledged the execution of the foregoing Dedication & Deed of Public Rights-of-Way on behalf of the City
of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 20 .
NOTARY PUBLIC
My Commission No./Expiration:
Printed Name
My County of Residence:__________________
Grantee’s Tax Mailing Address
and after recording return to:
City of Carmel
One Civic Square
Carmel, IN 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number from this document, unless it is required by law. Ashley Ulbricht, Esq.
Instrument prepared by: Ashley M. Ulbricht, Esq., City Attorney, 1 Civic Square, Carmel, Indiana 46032.
3
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal
corporation ("City"), its Dedication and Deed of Public Rights-of-Way of certain real property
("Property") to the City for the purpose of establishing City rights-of-way;
WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary
and in the City's best interests; and
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts
said Dedication and Deed, and orders that the Dedication and Deed of Public Rights-of-Way described
herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and
the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
4
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD,
MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of THE CITY OF CARMEL, who
acknowledged the execution of the foregoing Dedication & Deed of Public Rights-of-Way on behalf of the City
of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 20 .
NOTARY PUBLIC
My Commission No./Expiration:
Printed Name
My County of Residence:__________________