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HomeMy WebLinkAboutCTE- 3400 E 96th Street - Wood PorscheDocuSign Envelope 10: DEBOC4B9.6AOC-4A20-9F28-E54D9FA5AA63 THIS CONSENT TO F.NCROACI I (hereinafter the "Agreement") is entered into by and between Wood Porsche RE LLC, 3400 E 96th St, Carmel, Hamilton County, Indiana 46280, (individually and collectively, "Owner'), and the City of Carmel, Homillon C'ounly, Indiana, by and through its Board of Public Works and Safety ("City"). W rrN FSSETH: WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate limits of the City of Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate"), attached hereto and incorporated herein by this reference; and WHEREAS, the current Owner wishes to install Parking on the Real Estate (the "Encroachment)" which will encroach into louse segments of 961h Street (the "Right of Way") which are contiguous to the Real Estate and which are identified on the drawing attached hereto and incorporated hercin by reference as Exhibit B (the "Drawing"). in the manner and locations shown on the Drawing; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner's request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and NOW. THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties nuuually promise, agree and covenant as follows: I. The foregoing preambles, recitations and definitions are made a pot hereof as though such were fully set forth herein. 2. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. 3. Owner coverants and agrees not to extend, increase, modify, alter, landscape, reconfigure of otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. DocuSign Envelope 10DE80C489-6AOC-4A20-9F28-E54D9FA5AA63 4. Owner agrees that City shall have the right to remove any portion of the Encroachment as City decors necessary, in City's sole discretion and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost orally damages thereby caused to the Encroachment, the Real Estate, or to Owner S. Owner agrees and acknowledges ledges that the City's consent to encroach within the Right of Way, as provided in this instrumtent, regards the City's Right of Way interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such property interests are also located within the Right of 6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any covenants and restrictions applicable to the Encroachment 7. Owner agrees that the Encroachment will not create standing water and/or other drainage problems that affect the City or adjacent properly owners and that, if such problems arise, the City, in its sole discretion, may itself remove or may notify Owner who shall then immediately remove, all or any portion of the Encroachment as is necessary to correct such problems, at Owner's sole cost and expense. 8. Owner agrees that the water flow from the Encroachment shall be directed away front all street travel lanes and that water f-o n the Encroachment shall not be pemtilted to spray onto, traverse or otherwise come into contact with any travel lanes or paved areas of any street or street intersection. 9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction, any utilities or improvements (whether located above, below or on the surface of the Right -of -Way) damaged as a result of the installation, construction, maintenance or operation of the Encroachment. 10. Owner agrees to install identification tape or identification wire oil the Encroachment that will allow the City to readily determine the underground location of any Encroachment. 11. Owner agrees not to alter the ground surface elevation within the limits of the Right of Way at any time. 12. Owner agrees to rci obtuse City for any and all costs and expenses incurred by City to replace or repair any damage to the Right of Way and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Encroachment. 13. Owner agrees to indemnify, still hold harmless City, its officers, officials, members, employees, invi(ees, licensees and agents, (i) front and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising front oily bodily injury, death or property damage occurring during the initial installation slid during any subsequent use, maintenance or repair of the Encroachment and (ii) 1101- any failure of proper disclosure pursuant to Paragraph 18 hereof. 14. The pities agree that the terns of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 15. 'I he parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. DocuSign Envelope IDDEBOC4B9-6AOC-4A20-9F28.E54D9FA5AA63 16. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 17. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Real Estate on and after the effective date of this Agreement. "OWNER" PROPERTY OIPNER Printed Nannc (Sigrralurc Date: 6 j IJ1..9 ;;2— STATE OF INDIANA ) SS: COUNTY OF Henry ) PROPERTY O11WER Printed Namc Signature Dale: Before me, a Notary Public in and for said County and State, personally appeared _Joe Feltman by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. yk• Witness my hand and Notarial Scat this/ / day of aN'f- 20AI ' �nnuy S NOT Pll (y"roam t Hemyeounly y— �;.•""::;�. My Common Fxpaes / // ,/� � Or✓l'/-S' .Li'C• Augua125,2023 CCi 1'rinlccYNantc My County of Residence: A-1v DocuSign Envelope ID: DEBOC4B9-6AOC-4A20-9F28-E54D9FA5AA63 ..CITY,. CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Not Present James Brainard, Presiding Officer Date: raocuSignea by: I Man, Qtnan, 13Mem Pp §1ReseH�ke, Member Date: 7/7/2022 9uepmEby: (WAIUTA. t7df4ontber 7/7/2022 Date: S'I'ATL OF INDIANA ) ) SS: cnecuSigned1 bbyry `3rrt�3ifl9 py�@plbc N' I c r k Date: 7/7/2022 COUNTY OFHAMILTON ) Before file, n Notary Public in slid for said County and State. personally appeared 1 S-up 1101 A R , MARY ANN BURKE and LORI WATSON. by lire known, and by life known to be Ilse Members of the City or Cannel Board of Public Works slid Safety, and Sue Wolfgang, Clerk of THE CITY OF CARMEL, who acknowledged life execution of the foregoing "CONSENT TO ENCROACH" on behalf of the City of C•suincl, Indiana. (2 Witness my hand and Notarial Seal thisJuly _ day of , 2022_. HOLLY J. HARMEYER o?Pv P�o� Notary Public, State of Indiana Hamilton County commission Number NP0737982 M1;n,p rp\� My commission E2xOpirres !�onimio. December 15. NOTARY PUlil.l My Coumiissioil Expires: 12/15/2029 Holly ] Harmeyer Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Oberlander, Esquirc, Assistant Corporation Counsel, One Civic Square, Carniel, Indiana 46032. I aflinn, under the pefiallies for pcijury, that 1 hove taken reasonable cave to redact each Social Security Number in this doctu ien6 unless required by law. Jon Oberlander, Esquire ^_. z ccw0w��LL d r•.wwEjrnl-era a zzi"'Z" Fw��� _ °` r�wF0W U) LL Z)FW- (-O< wa c� y(a U7 r( v�iq z w ='u, Jw } C7U)wn w0)Lij (n M r-- F F p (a w� w_ z F- 0Fq'fu 0uicw 0a-wLw (J COw wwzhw (j LL © 0 LLwui 0 c5-'WW �Fdw aui }~"ONIn z w �5 w jr W w LLJ n. 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