HomeMy WebLinkAboutDan Young ChevroletAGREEMENT
DAN YOUNG CHEVROLET, INC., an Indiana corporation
("Corporation"), DAN E. YOUNG and SHIRLEY J. YOUNG ("Young"),
~he CITY OF CARMEL, INDIANA ("Carmel"), and the BOARD OF WORKS
OF THE CITY.OF CARMEL ("Board of Works"), hereby enter into
the following agreement:
1. Subject Matter of Agreement. In the course of
numerous hearings, discussions and meetings with Carmel, the
Board of Works, the Carmel-Clay Plan Commission and other
agencies and officials in the Carmel area, Young or Corpora-
tion made certain agreements respecting sanitary sewers,
surface water'drainage, s~reet construction, a thirty (30)
foot greenbelt along the north property line used by Corpora-
tion at 96th Street and Keystone Avenue, and bonding or cash
deposits respecting such matters. Such agreements relate to
the property originally acquired by Young at 96th Street and
Keystone Avenue ("Real Estate"), some of which is utilized by
the Corporation and some of which has been previously sold to
third parties'. The agreement~ have been modified from ~ime
to time, and all desire to set forth fully the respective
rights and obligations of Young, Corporation, Carmel~ the
Carmel-Clay Plan Commission, the Board of Works and other
officiils and agencies in the Carmel area relating to the
f~regoing matters ~ffe~ting the Real Estate.
2. Obligations of Corporation.
2.1 Drainage Ditches. Corporation shall construct
all ditches shown on ~he Weihe plans dated 7/31/74, Job Number
74-482, including all structures such as pipes shown thereon,
to the required elevations and cross sections~ contained in
the plans from Stations 27+75 to 36+40. All'ditch slopes and
banks shall be seeded or sodded to prevent erosion.
2.2 Decelera,tion~L~h~: Corporation shall
con-
struct deceleration lanes or t~pers adjacent to the portion of
the Real Estate utilized by Corporation ("Dealership Real
Estate") as follows:
(a) A fifty (50) foot taper turnout running
west from the driveway entrance on 96th Street.
(b) A seventy-five '(75) foot t~per at the east
end of the deceleration l~ne which runs from Corpora-
tion's driveway entrance on 96th Street to a point
seventy-five (75) feet east of Nora Rentals' drive.
If the rezoning of the requested Mercedes dealership
is approved for the two (2) acres adjacent to Nora
Rentals, then the deceleration lane may be extended to
the east end of such two (2) acre tract at the cost of
the purchaser of such tract, and the seventy-five (75)
foot taper may be constructed by Corporation at the
end of the extended .deceleration lane. Corporation
may defer performing its work on the taper until the
deceleration lahe for the two (2) acre tract is also
constructed so as to improve the quality of the com-
pleted deceleration lane and taper.
The deceleration lane and taper (at maximum width) shall extend
to a point twenty-five (25) feet from the center line of 96th
Street. The pavement section shall consist of a minimum of ten
(10) inches of stone base, with three (3) inch asphalt binder
and. one (1) inch asphalt wearing surface.
2.3 Greenbelt. Corporation shall replace existing
shrubbery which is diseased or dead as necessary within a thirty
(30) foot greenbelt along the north property line of the Dealer-
ship. Real Estate to facilitate year round screening.
2.4 Surface Drainage. Corporation shall take all
necessary steps to properly drain 9ny low areas along the
no~th property line of'the Dealership Real Estate to prevent
ponding ore-'standing water.
2.5 Sanitary Sewer. Corporation shall contribute
Fifteen Thousand Dollars ($15,000.00) toward construction' of
a sanitary sewer line which shall serve the property utilized
by Corporation and surrounding properties, except there shall
/ - 2
be deducted from the contribution or, if necessary, reimbursed
to Corporation,
payable pursuant to the
be due from Corporation
the amount of all refundable off-site costs
applicable ordinance. Payment shall
as soon as the sewer is completed and
operating satisfactorily; provided, however, if payment shall
not be due within three (3) years after the date of this
Agreement, then the amount of the contribution of Corporation
shall be reduced t~ the amount payable by the owner of the
Dealership Real Estate in accordance with applicable law.
2.6 Bond. Corporation shall provide a bond in
the amount of Ten Thousand Dollars ($10,000.00) to cover the
construction work contemplated by paragraphs 2.1 and 2.2
within fifteen (15) days after the date of this Agreement.
Upon receipt of such bond, Carmel and the Board of Works shall
return or cancel, at the election of Corporation, all bonds
providedl.previously by Corporation or Young and shall return
all cash deposits which have'been provided by Corporation or
Young respecting any matters covered by this Agreement.
2.7 Inspection. Corporation shall give written
notice to Carmel when each item of work contemplated by
paragraphs 2.1, 2.2, 2.3 and 2.4 is comPleted. Carmel shall
inspect the work and give written notice to corporation of
all defects in the work described in Corporation's notice
within thirty (3.0) da~s~after receiving such notice. Corpora-
ti~n' shali be obligated to cure any defect promptly, provided
~0tice shall have been given timely by Carmel.
2.8 Contribution to Bauer Drainage Facilities.
Corporation shall pay to Bauer respecting real estate now owned
by hi~ ~djacent to the Real Estate (or such portion of his real
estat~ as shall continue to be owned by him until the time of
paymen~ .("Bauer Land"), the reasonable cost of oversizing
-3- i
drainage facilities on the Bauer Land attributable to surface
water drainage from the Real Estate, Which cost shall not in
~ny euent ~xceed Two Thousand Dollars ($2,000.00); Provided,
however, Corporation's payment shall not be due until the
facilities are constructed by Bauer to connect with drainage
ditches and facilities on the Real Estate, and Corporatioh shall
not be obligated to make any pa~ent unless such facilities are
constructed by Bauer within three
this Agreement.
3. General Provisions.
3.1 Time of Completion.
(3) years after the date of'
The work contemplated
by paragraph 2.1 shal~ be completed no later than ~ 151977,
and the work contemplated by paragraphs 2.2, 2.3 and 2.4 shall
be completed no later than September 15, 1977.
3.2 Effective Agreement. This Agreement shall
supersede all prior agreements between Corporation and/or
Young and any agency or offici'als in the Carmel area, including
but not limited to Carmel, the Carmel-Clay Plan Commission and
the Board of Works, respecting surface drainage, street con-
struction, the greenbelt and sanitary sewers insofar as they'
concern, the Real Estate.
3.3, Remedies. Upon breach of this Agreement by
Corporation, Carmel shall~be entitled to exercise such rights
and remedies as it may. have in law or equity, including but
.n:ot'limited to the 'remedy of specific performance.
· ~ Execut'ed
, 1977.
DAN YOUNG CHEVROLE.~,~ INC.
"Corpora~tio~w
- 4
"Young"
CITY OF CARMEL
%~lbert' BJ Pi~ke{t, May~r
"Carmel"
BOARD OF WORKS OF THE CITY
OF CARMEL
Albert B. PicKeTt
owen s. Kern
"Board of Works"
DAN E! YOUNG. PREStDENT [~ I~
ALAN V. YOUNG, VICE-PRESIDENT .
WILLIAM A. YOUNG. VICE-PRESIDENT
City of Carmel
Board of Works
City of Carmel
April 27, 1977
Gentlemen:
This letter is being submitted sfmutlemously with the execution
of a certain agreement between you, our company and Dan E. Young and
Shirley J..Young regarding certain drainge work and other matters
involving, among other things, real estate at 96th and Keystone Ave.
utilized by our Company, If surface water drainage problems develop
and you request in writing that the following work be undertaken,
then our company agrees to perform such work.
Construct ditches shown on Weihe plans dated 7/30/74, Job No.
74-482, includigg all structurep such as pipes as shown thereon, to
the required elevations and cross section9 contained in the plans
from station 36-00, with ditch slopes and banks to be seeded and or
sodded to p~event erosion.
If such request is not made in accordance with this letter within
three years after the date of this letter our company shall have no
further obligation hereunder.
RC/DY
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CHEVROLET CARS · HONDA''CARS · CHEVROLET LIGHT & HEAVY DUTY TRUCKS · DIAMOND REO TRUCKS
'TRAVELMATE CAMPERS · WHEEL HORSE TRACTORS e TORO, LAWN BOY & ROOF LAWN EQUIPMENT
DAN E. YOUNG, PRESIDENT
ALAN V. YOUNG. ViCE-PRESIDENT
WILLIAM A, YOUNG. VICE-PRESIDENT
MAX L. BROVVN, SECRETARY-TREASURER
ApProved and accepted on April .............. 1977
City of Carmel
. ~_~ ,
By Alber't B. Pickett, Mayor/
Board of Works of the City of Carmel
Albert B. l~ickett --
F;;;.;;; ......... .......
Owen S. Kern
CHEVROLET CARS · HONDA CARS · CHEVROLET LIGHT & HEAVY DUTY TRUCKS · DIAMOND REO TRUCKS
TRAVELMATE CAMPERS · WHEEL HORSE TRACTORS · TORO. LAWN BOY 8, ROOF LAWN ECIU~PMENT