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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 06-19-24Board of Public Works and Safety Meeting Agenda Wednesday, June 19, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the June 5, 2024, Regular Meeting 2.BID OPENINGS a.Bid Opening for Used “AS-IS” Communication Center RV; Chief Dave Haboush, Carmel Fire Department b.Bid Opening for Used “AS-IS” Fire Safety RV Trailer; Chief Dave Haboush, Carmel Fire Department c.Bid Opening for Eighteen Used “AS-IS’ Police Vehicles; Chief Drake Sterling, Carmel Police Department d.Bid Opening for 24-STR-03 Path Preservation; Matt Higginbotham, Street Commissioner e.Bid Opening for 24-STR-04 Road Rejuvenation; Matt Higginbotham, Street Commissioner f.Bid Opening for Six Points Road Water Main Extension; John Duffy, Director of Utilities 3.TABLED ITEMS a.Request for Restricted Parking Spaces; Tre on Main-41 N. Rangeline Road; Justin Harbin, Tier One Valet TABLED ON 05-01-24 b.Request to Use Carter Green and City Streets; Special Request to Use Electricity and James Building Restrooms; 2025 Carmel Marathon Weekend; April 19, 2025; 4:00 AM to 5:00 PM; Jay Druba; Full Circle Events TABLED 06-05-24 4.CONTRACTS a.Request for Purchase of Professional Services; CrossRoad Engineers, P.C.; ($60,000.00); 22-ENG-13, 2022 Bond Various Path Projects; Additional ServicesAmendment 9b; Jeremy Kashman, Director of City Engineerb.Request for Purchase of Professional Services; HWC Engineering, Inc.; ($60,710.00);17-SW-15 Small Structure Replacement, Westfield Blvd Near 109th Street; AdditionalServices Amendment 2; Jeremy Kashman, Director of City Engineer c.Request for Agreement of Professional Services; Woodlinn Enterprises, Inc.;($50,000); Consulting Fees; Kim Woodward, Interim Director of Human Resourcesd.Request for Purchase of Goods and Services; Pyrotecnico Fireworks, Inc.;($79,500.00); Fireworks Display; Rebecca Carl, Director of Marketing and CommunityRelations Department 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Midtown Plaza; Special Request to Use Electricity; Showing of Cricket World Cup Game; June 9, 2024; 8:00 AM to 3:00 PM; Lav Jhanji, Cric Indy Organization b. Request to Use/Close City Streets; Merchants Bank Topping Out Ceremony; June 20, 2024; 10:00 AM to 1:00 PM; Ashley Tarpley, Merchants Bank c. Request to Use/Close City Streets; Special Request to Use Electricity; Kids Concerts; July 10, 2024; 2:00 PM to 10:00 PM; John Eaton & Melanie Brewer, Fountain Square Committee d. Request to Use Midtown Plaza; Special Request to Use Electricity; Inauguration of the Olympic Ceremony; July 26, 2024; 11:30 AM to 5:00 PM; Suzette Vetrini, Sister City Carmel-Rueil Malmaison e. Request to Amend Approval to Use Civic Square Gazebo/Lawn; Amending Event Date; (Originally Approved by the Board on 06-05-24); Special Request to Use Electricity and Fountain Restrooms; International Dance Festival; September 1, 2024; 11:00 AM to 10:00 PM; Parool Patel, Garba at Gazebo 6. OTHER a. Request for Replacement of Section 2(N) of the City of Carmel Civilian Personnel Policy Handbook; Kim Woodward, Interim Director of Human Resources b. Request for Grant of Easement Agreement; Duke Energy Indiana, LLC; 475 3RD Ave SW, Carmel, IN 46032; Duke Energy c. Request for Lane and Sidewalk Closure; 720 S Rangeline Road; Pedcor d. Request for Open Pavement Cut and Lane Restriction; 11380 Illinois; Cornerstone Companies e. Request for Open Pavement Cut and Alley Closure; 441 2nd Ave NE; Patton Plumbing f. Request for Open Pavement Cut and Sidewalk Restriction; 2450 E Smoky Row; Centerpoint Energy g. Request for Open Pavement Cut and Alley Closure; 43 W Main Street; Schutz Builders h. Request for Stormwater Technical Standards Waiver; Spring Mill Run Stream Restoration; Landon Vine, V3 Companies i. Request for Water Quality Preservation Easement; 4281 West 106th Street; Property Owners j. Request for Grant of Perpetual Stormwater Quality Management Easement; 4281 West 106th Street; Property Owners k. Request for Consent to Encroach; 12485 Carmel Garden; Zsuzsanna Beard, Property Owner l. Request for Consent to Encroach; 12671 Tuscany Blvd; David Sharpe & Zoe Saur; Property Owners m. Request for Consent to Encroach; 14211 Beaument Blvd; Hoffman Developer, LLC, Property Owners n.Request for Consent to Encroach; 14385 Arnett Drive; Miguel Medina Del La Cruz, Property Owners o.Request for Open Pavement Cut and Lane Restriction; 10740 Crooked Stick Lane; Custom Living p.Request for Open Pavement Cut and Lane Restriction; Clay Center Road between Helford Lane and Brighton Ave; Centerpoint Energy q.Request for Consent to Encroach; 730 Altam Ave; Jerry Hauser, Property Owners 7.ADD-ONS 8.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, June 5, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 MEETING CALLED TO ORDER 7 8 Board Member Campbell called the meeting to order at 10:01 AM. 9 10 MEMBERS PRESENT 11 12 Board Members Laura Campbell, and Alan Potasnik. Also present are City Clerk Jacob Quinn and 13 Jessica Dieckman. 14 15 16 MINUTES 17 18 Minutes from the June 5, 2024, Regular Meeting. Board Member Potasnik moved to approve. Board 19 Member Campbell seconded. Minutes approved 2-0. 20 21 BID OPENING AND AWARD 22 23 Bid Opening for AV-Improvements; Board Member Potasnik opened the bid, and Board Member 24 Potasnik read them aloud: 25 26 Contractor Bid Alternate Bid 27 American Sound $482,424.71 $65,420.66 28 CTI $503,559.00 $66,115.00 29 Avi Systems $481,834.00 $52,907.00 30 Force $495,693.96 $56,957.44 31 32 Bid Opening for Test Production Well; Board Member Potasnik opened the bid, and Board Member 33 Potasnik read them aloud: 34 35 Contractor Bid 36 National Water Services, LLC $284,482.00 37 38 TABLED ITEMS 39 Request for Restricted Parking Spaces; Tre on Main-41 N. Rangeline Road; Justin Harbin, Tier One 40 Valet TABLED ON 05-01-24 REMAINS TABLED 41 42 Request for Secondary Plat; 520 N Rangeline; J.D. Hall, PS TABLED ON 05-15-24. Board Member 43 Potasnik moved to take the request from the table. Board Member Campbell seconded. Approved 2-0. 44 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request approved 2-0 45 46 CONTRACTS 47 Request for Purchase of Professional Services; American Structurepoint, Inc; ($64,920.00); Keystone 48 MSE Wall Repairs; Additional Services Amendment; Board Member Potasnik moved to approve. 49 Board Member Campbell seconded. Request was approved 2-0. 50 51 Request for Purchase of Goods and Services; Hood’s Gardens, Inc.; ($154,264.75); Flowers; 52 Additional Services Amendment; Board Member Potasnik moved to approve. Board Member Campbell 53 seconded. Request was approved 2-0. 54 55 Request for Purchase of Goods and Services; Retro-Tech Systems; ($25,001.00); Carmel Utility and 56 Street Solar Array Installation; Change Order #1; Board Member Potasnik moved to approve. Board 57 Member Campbell seconded. Change Order was approved 2-0. 58 59 Request for Agreement between City of Carmel and Vendor; Gaylor Electric, Inc.; ($605,443.00); 60 Water Treatment Plant Backup Generator Installation; Board Member Potasnik moved to approve. 61 Board Member Campbell seconded. Request was approved 2-0. 62 63 Request for Agreement between City of Carmel and Vendor; TSW Utility Solutions, Inc.; 64 ($249,000.00); Industrial Drive Water Main Replacement; Board Member Potasnik moved to approve. 65 Board Member Campbell seconded. Request was approved 2-0. 66 67 REQUEST TO USE CITY STREETS/PROPERTY 68 69 Request to Use Civic Square Gazebo/Lawn; Special Request to use Electricity and Fountain 70 Restrooms; Yoga and Meditation; June 22, 2024; 7:00 AM to 1:00 PM; Board Member Potasnik 71 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 72 73 Request to Use Midtown Plaza; Carmel Runners Club Fall Training Kickoff; July 6, 2024; 7:00 AM to 74 11:00 AM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 75 was approved 2-0. 76 77 Request to Use Midtown Plaza; Special Request to Use Electricity; Pop Up Fitness Class Taught by 78 Pure Barre Carmel; July 13, 2024; 8:00 AM to 11:00 AM; Board Member Potasnik moved to approve. 79 Board Member Campbell seconded. Request was approved 2-0. 80 81 Request to Use Civic Square Gazebo/Lawn; Special Request to Use Fountain Restroom; Wedding 82 Ceremony; July 27, 2024; 2:00 PM to 5:00 PM; Board Member Potasnik moved to approve. Board 83 Member Campbell seconded. Request was approved 2-0. 84 85 Request to Use/Close City Streets; Kingswood Neighborhood HOA Neighborhood Party; August 10, 86 2024; 10:00 AM to 10:00 PM; Board Member Potasnik moved to approve. Board Member Campbell 87 seconded. Request was approved 2-0. 88 89 Request to Use Monon & Main Plaza and City Streets; Special Request to Use Electricity; Artmobilia 90 Collector and Enthusiast Cars Event; September 7, 2024; 6:00 AM to 11:00 PM; Board Member 91 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 92 93 Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain 94 Restrooms; International Dance Festival; September 8, 2024; 11:00 AM to 10:00 PM; Board Member 95 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 96 97 Request to Use Midtown Plaza; Special Request to Use Electricity; Chinese Mooncake Festival; 98 September 21, 2024; 8:00 AM to 10:30 PM; Board Member Potasnik moved to approve. Board 99 Member Campbell seconded. Request was approved 2-0. 100 101 Request to Use Midtown Plaza and City Streets; Special Request to Use Electricity; Carmel 102 International Arts Festival; September 27 through 29, 2024; 4:00 PM to 9:00 PM; Board Member 103 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 104 105 Request to Use Carter Green and City Streets; Special Request to Use Electricity and James Building 106 Restrooms; 2025 Carmel Marathon Weekend; April 19, 2025; 4:00 AM to 5:00 PM; TABLED Board 107 Member Potasnik moved to table this request. Board Member Campbell seconded. Tabling approved 108 2-0. 109 Request to Reserve Parking Spaces on the North Side of the Palladium on City Center Drive; Parking 110 for James Taylor Band RV; June 9 through June 11, 2024; 6:00 AM to 6:00 PM; Board Member 111 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 112 113 Request to Use Midtown Plaza; Outdoor Workout for Shred415; June 19th and July 17, 2024; 5:00 PM 114 to 8:00 PM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 115 was approved 2-0. 116 117 OTHER 118 119 Request for Open Pavement Cut and Street Closure; 210 Stubbs Way; Board Member Potasnik moved 120 to approve. Board Member Campbell seconded. Request was approved 2-0. 121 122 Request for Street and Sidewalk Closure, Open Pavement Cut; 14575 James Dean Drive; Board 123 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 124 125 Request for Sidewalk Closure; 2 West Main Street; Board Member Potasnik moved to approve. Board 126 Member Campbell seconded. Request was approved 2-0. 127 128 Request for Lane Restriction; 4005 W. 141ST STREET; Board Member Potasnik moved to approve. 129 Board Member Campbell seconded. Request was approved 2-0. 130 131 Request for Open Pavement Cut and Lane Restriction; 1701 E 116th Street; Board Member Potasnik 132 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 133 134 Request for Open Pavement Cut and Lane Restriction; 13715 Towne Road; Board Member Potasnik 135 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 136 137 Request for Open Pavement Cut and Lane Restriction; 817 Oswego Road; Board Member Potasnik 138 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 139 140 Request for Open Pavement Cut and Lane Restriction; 13141 West Road; Board Member Potasnik 141 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 142 143 Request for Open Pavement Cut and Lane Restriction; River Road and Macalister Trace; Board 144 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 145 146 Request for Driveway Width Waiver; 13777 Hazel Dell Pkwy; Board Member Potasnik moved to 147 approve. Board Member Campbell seconded. Request was approved 2-0. 148 149 Request for Waiver of BPW Resolution No. 04-28-17-01; 31 Supply Street; Board Member Potasnik 150 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 151 152 Request for Stormwater Technical Standards Waiver; 11303 Ditch Road; Board Member Potasnik 153 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 154 155 Request for Secondary Plat; Robbins Subdivision; Board Member Potasnik moved to approve. Board 156 Member Campbell seconded. Request was approved 2-0. 157 158 159 ADD-ONS 160 161 Board Member Potasnik moved to add one add-on item to the agenda. Member Campbell seconded. 162 Approved 2-0. 163 164 Request to Use Monon & Main Plaza; Meet Me on Main; June 8, 2024; 2:00 PM through 8:00 PM; 165 Melissa Hopson, Marketing and Community Relations, briefly speaks; we will have five city booths on 166 the plaza for our Meet Me on Main Event this Saturday. Board Member Potasnik moved to approve. 167 Board Member Campbell seconded. The request was approved 2-0. 168 169 ADJOURNMENT 170 171 Board Member Campbell adjourned the meeting at 10:21 AM. 172 173 174 APPROVED: ____________________________________ 175 Jacob Quinn – City Clerk 176 177 178 _____________________________________ 179 Mayor Sue Finkam 180 181 182 ATTEST: 183 __________________________________ 184 Jacob Quinn – City Clerk 185 186 Re: Valet Parking Plan Tre on Main 10 E Main St Carmel, IN 46032 To Whom It May Concern: We are seeking approval for a valet parking lane to serve the guests of Tre on Main. Map attached showing the proposed plan. Requested days and hours are: Tuesday – Thursday 4:45pm – 10pm, and Friday – Saturday 4:45pm – 11pm. In addition to any signage the city would install, we propose adding our own sign at the beginning of the valet lane, stating “No stopping or parking in this area”. Extra signage and proper training should allow us to keep traPic flowing. If traPic were to begin to back up towards Main Street, our team would be trained to instruct guests to circle the block and come back to the lane when it’s clear to pull in. Sincerely, Jus$n Harbin Tier 1 Valet | Carmel, IN P: 317.443.8144 E: jharbin@>er1valet.com W: >er1valet.com CITY OF CARMEL, INDIANA Information CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. FACILITY* Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Various - see route maps attached Include addresses as appropriate Department Recommendation for approval:CFD: yes MAC: yes CPD: See memo (attached) Streets: yesENG: yes Parks: yes UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Cones * Barricades * Crowd-Control Gates* Standard Cones* An easy to read, color map of the area is required with submission. Carmel Marathon and Half Course Map - MASTER.pdf 5.29MB 5k course map.jpg 121.13KB 10k course map.jpg 64.6KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Rolling closures consistent with event procedure in prior years 3. SPECIAL REQUESTS: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed Final # TBD Please note the number of Crowd-Control Gates needed Final # TBD Please note the number of Standard Cones needed Final # TBD No Parking Signs * Event Use/Purpose: Description of Event: Event Date Start Event Date End If multiple dates, please list Set-Up time AM/PM* Tear Down Time AM/PM* Event Start time: Please note the number of NO PARKING SIGNS needed 80 5. EVENT DETAILS: 2025 Carmel Marathon Weekend Provide a brief description of event The Carmel Marathon Weekend attracts visitors from over 45 states and several countries. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 4/19/2025 4/19/2025 4:00:00 AM 5:00:00 PM 8:00:00 AM/PM* Event end time: AM/PM* Rehearsal Number of People Expected: Fees? Fees (cont'd) AM 3:00:00 PM NA 5,000 Will a Fee be charged for this event? If yes, please describe below. YES NO Purpose of fee Fee for runners; the event is free and open to spectators EVENT SET UP: Mark all that apply Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 30x20, 30x30, 10x10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Party Time Rentals Name of Merchants(s) doing the setup 8124935525 Phone Number of Merchant(s) doing set up: VENDORS: Mark all that apply M o n o n Start & Finish at the Palladium Cornerof3rdAve & City CenterDr 1 2 3 4 6 8 9 10 5 22 21 20 15 16 17 19 14 Ha z e l D e l l P k w y Half Marathon& Marathon Course Marathon Course Mile Markers MedicalTent Relay Exchange Carmel Marathon & Half Marathon Course Map Start Time: 8:10 AM for marathon and half marathon Mo n o n G r e e n w a y We s t f i e l d B l v d Ha g e n -B u r k e Tr Main St Ha w t h o r n e D r 126th St 106th St Pe n n s y l v a n i a S t 96th St 24 Illin ois S t Mo n o n 26 The Palladium Mo n o n G r e e n w a y Mo n o n G r e e n w a y MarathonRunners Continue HalfMarathon Finish Ha l f M a r a t h o n R u n n e r R e c o v e r y 3r d A v e DETAIL OF HALF MARATHON FINISH & MARATHON CONTINUATION City CenterDrive MAP KEY 13 18 A B C H I J K L M P N O D G E F Smokey Row Rd 12 8:15-8:30 AM 9:24-11:44 AM 10:07 AM-1:45 PM 9:30-11:59 AM 9:51 AM-1:00 PM 9:35-12:14 AM 9:46 AM-12:45 PM 9:56 AM-1:15 PM 10:02 AM-1:30 PM 9:40 AM-12:30 PM 8:20-8:46 AM 8:25-9:02 AM 8:30-9:18 AM 8:40-9:50 AM 8:45-10:06 AM 8:50-10:22 AM 8:55-10:38 AM 9:00-10:54 AM9:05-11:10 AM 8:35-9:34 AM 23 7 11 25 10:12 AM-2:00 PM 10:18 AM-2:15 PM 9:10 AM-2:29 PM 8:00 AM-2:44 PM Vendors Vendors Present* Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://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 Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section R under “General Terms and Conditions” in the Public Use Policy. N/A Approximently how many vendors will be present? 10 6. CONTACT INFORMATION: Jay Druba jay@carmelmarathon.com 8124935525 8124935525 Full Circle Events City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address 484 E. Carmel Drive Address Line 2 Unit 414 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/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 Special Event/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. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Full Circle Events Name of Organization/Applicant Signature of Authorized Agent/Applicant Jay Druba, President Printed Name and Title (If applicable) 8124935525 Phone Number (Required) 484 E Carmel Dr, Unit 414 Carmel, IN 46032 Address of Organization/Applicant 5/8/2024 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 ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ City of Carmel Memo To: From: Date: Re: Board of Public Works members Shela Much, Marketing & Community Relations Thursday, June 13, 2024 2025 Carmel Marathon Note from Jeff Horner, CPD on 5-21-24: We had a lot of complaints from businesses and citizens about the 2024 Marathon. It had been limited to 5,000 participants but was raised to 7,000 in 2024. This may have been part of the problem. Roads were more congested and restricted longer. Just something for the City Admin and BPW to consider. UPDATE: Shela Much spoke to the event organizer, Jay Druba, on 6-13-24. Jay is okay with changing the number of participants back to 5,000. CzBmmjtpoMzodi.NdHsbuibu22;16bn-Kvo21-3135 CzTfshfzHsfdivlijobu9;57bn-Kvo23-3135 Pyrotecnico Fireworks, Inc. Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.03Fund; P.O. #111295 Contract Not To Exceed $79,500.00 AGREEMENT FORPURCHASE OFGOODS ANDSERVICES THISAGREEMENT FORPURCHASE OFGOODS ANDSERVICES (“Agreement”) ishereby entered intoby andbetween theCityofCarmel, Indiana, acting byand through itsBoard ofPublic Works andSafety (“City”), and Pyrotecnico Fireworks, Inc. entity dulyauthorized todobusiness intheState ofIndiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges thatithas read and understands thisAgreement, and agrees thatitsexecution ofsame constitutes itsacceptance ofallofthe Agreement’sterms andconditions. 2. PERFORMANCE: Cityagrees topurchase thegoods and/orservices (the “Goods andServices”) from Vendor using Citybudget appropriation number 120310143-590.03 fund. Vendor agrees toprovide theGoods andServices andto otherwise perform therequirements ofthisAgreement byapplying atalltimes thehighest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates thatthe totalpricefortheGoods and Services tobeprovided toCity hereunder shall benomore thanSeventy Nine Thousand Five Hundred Dollars ($79,500.00) (the “Estimate”). Vendor shallsubmit aninvoice toCitynomore than once every thirty (30) days detailing theGoods and Services provided toCitywithin suchtimeperiod. Cityshallpay Vendor forsuchGoods andServices within thirty-five (35) daysafter the date ofCity’sreceipt ofVendor'sinvoice detailing same, solong asandtotheextent such Goods andServices arenotdisputed, are inconformance with the specifications setforth inExhibit A, aresubmitted onaninvoice thatcontains theinformation contained onattached Exhibit B, andVendor hasotherwise performed andsatisfied alltheterms andconditions ofthisAgreement. 3.2 Vendor agrees nottoprovide anyGoods andServices toCitythat would cause thetotalcostofthe Goods andServices provided byVendor toCity hereunder toexceed theEstimate, unless City has previously agreed, inwriting, topay anamount inexcess thereof. Allpayments andanylatepayments fees shall bepursuant toIndiana Prompt Payment Statute; Ind. Code 5-17-5etal. 4. WARRANTY: Vendor expressly warrants thattheGoods and Services covered bythisAgreement willconform tothose certain specifications, descriptions and/orquotations regarding same aswere provided toVendor byCity and/orbyVendor toandaccepted byCity, allofwhich documents areincorporated herein byreference, and thattheGoods andServices willbedelivered inatimely, good and workmanlike manner and freefromdefect. Vendor acknowledges thatitknows ofCity’sintended useand expressly warrants thattheGoods and Services provided toCity pursuant tothisAgreement have been selected byVendor based upon City’sstated useand are fitand sufficient fortheirparticular purpose. 5. TIMEAND PERFORMANCE: This Agreement shall become effective asofthe last date onwhichapartyhereto executes same (“Effective Date”), andbothparties shallthereafter perform theirobligations hereunder inatimely manner. Time isofthe essence ofthisAgreement. 1 Pyrotecnico Fireworks, Inc. Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.03Fund; P.O. #111295 Contract Not To Exceed $79,500.00 6. DISCLOSURE AND WARNINGS: Ifrequested byCity, Vendor shall promptly furnish toCity, insuch formand detail asCitymay direct, alistof allchemicals, materials, substances anditems used inorduring theprovision ofthe Goods andServices provided hereunder, including thequantity, quality andconcentration thereof andanyother information relating thereto. Atthetime ofthedelivery oftheGoods andServices provided hereunder, Vendor agrees tofurnish to Citysufficient written warning andnotice (including appropriate labels oncontainers andpacking) ofany hazardous material utilized inorthat isapartoftheGoods andServices. 7. LIENS: Vendor shall not cause orpermit thefilingofanylien onany ofCity’sproperty. Intheevent anysuchlien is filedandVendor failstoremove such lien withinten (10) daysafterthefiling thereof, bypayment orbonding, Cityshallhavethe righttopaysuch lienorobtain suchbond, allatVendor’ssolecostandexpense. 8. DEFAULT: Inthe event Vendor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Vendor’swarranties; (b) failstoprovide theGoods andServices asspecified herein; (c) failstomake progress soastoendanger timely andproper provision oftheGoods andServices and does not correct suchfailure orbreach within five (5) business days (orsuchshorter period oftimeasiscommercially reasonable under thecircumstances) afterreceipt ofnotice fromCityspecifying suchfailure orbreach; or (d) becomes insolvent, isplaced intoreceivership, makes ageneral assignment forthe benefit ofcreditors or dissolves, each suchevent constituting anevent ofdefault hereunder, Cityshall have theright to (1) terminate alloranypartsofthisAgreement, without liability toVendor; and (2) exercise allother rights andremedies available toCity atlawand/orinequity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain infullforce and effect during theterm ofthisAgreement, withaninsurer licensed todobusiness intheState ofIndiana, suchinsurance asisnecessary fortheprotection ofCity and Vendor from allclaims fordamages under anyworkers’ compensation, occupational disease and/or unemployment compensation act; forbodily injuries including, butnotlimited to, personal injury, sickness, disease ordeathofortoany ofVendor’sagents, officers, employees, contractors andsubcontractors; and, for anyinjury toordestruction ofproperty, including, butnotlimited to, anylossofuse resulting therefrom. The coverage amounts shall benoless thanthose amounts setforth inattached Exhibit C. Vendor shall cause its insurers toname City, Carmel IceSkadium and Rotary Club ofCarmel asanadditional insured onallsuch insurance policies, shall promptly provide City, upon request, withcopies ofallsuchpolicies, andshall provide thatsuchinsurance policies shallnotbecanceled without thirty (30) days prior notice toCity. Vendor shall indemnify andholdharmless Cityfrom andagainst anyandallliabilities, claims, demands orexpenses including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toanyperson or property arising fromorinconnection with Vendor’sprovision ofGoods and Services pursuant toorunder this Agreement orVendor’suseofCity property. Vendor further agrees toindemnify, defend andhold harmless City and itsofficers, officials, agents and employees fromallclaims andsuits ofwhatever type, including, butnotlimited to, allcourt costs, attorney fees, andotherexpenses, caused byany actoromission ofVendor and/orofany ofVendor’sagents, officers, employees, contractors orsubcontractors intheperformance ofthisAgreement. These indemnification obligations shallsurvive thetermination ofthisAgreement. 2 Pyrotecnico Fireworks, Inc. Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.03Fund; P.O. #111295 Contract Not To Exceed $79,500.00 10. GOVERNMENT COMPLIANCE: Vendor agrees tocomply with allfederal, stateand locallaws, executive orders, rules, regulations andcodes which maybeapplicable toVendor’sperformance ofitsobligations under thisAgreement, and allrelevant provisions thereof areincorporated herein bythisreference. Vendor agrees toindemnify andholdharmless Cityfrom any loss, damage and/orliability resulting from any suchviolation ofsuch laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination ofthisAgreement. 11. NONDISCRIMINATION: Vendor represents and warrants that itand allofitsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant foremployment orotherperson intheprovision ofanyGoods and Services provided bythisAgreement withrespect totheirhire, tenure, terms, conditions andprivileges of employment andanyother matter related totheiremployment orsubcontracting, because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status. 12. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame maybeamended fromtime totime, andasisincorporated herein bythisreference (the “Indiana E-Verify Law”), Vendor isrequired toenroll inand verifytheworkeligibility status ofitsnewly-hired employees using the E-Verify program, andtoexecute theAffidavit attached herein asExhibit D, affirming thatitisenrolled and participating intheE-Verify program anddoes notknowingly employ unauthorized aliens. Insupport oftheAffidavit, Vendor shallprovide theCitywithdocumentation indicating that ithas enrolled andisparticipating intheE-Verify program. Should Vendor subcontract fortheperformance ofany workunder andpursuant tothis Agreement, itshall fullycomply with theIndiana E- Verify Lawasregards eachsuch subcontractor. Should theVendor or anysubcontractor violate theIndiana E-Verify law, theCitymay require acure ofsuch violation and thereafter, ifnotimely cure isperformed, terminate thisAgreement inaccordance witheither theprovisions hereof orthose setforth intheIndiana E- Verify Law. The requirements ofthis paragraph shall notapply should theE-Verify program cease toexist. 13. NOIMPLIED WAIVER: The failureofeither party torequire performance bytheother ofanyprovision ofthisAgreement shallnotaffect therightofsuch partytorequire suchperformance atanytimethereafter, norshallthe waiver byany partyof abreach ofanyprovision ofthisAgreement constitute awaiver ofanysucceeding breach ofthesame orany other provision hereof. 14. NON-ASSIGNMENT: Vendor shall notassign orpledge this Agreement, whether ascollateral foraloanorotherwise, andshallnot delegate itsobligations under thisAgreement without City’spriorwritten consent. 15. RELATIONSHIP OFPARTIES: Therelationship oftheparties hereto shall beasprovided forinthisAgreement, andneither Vendor norany ofitsofficers, employees, contractors, subcontractors andagents areemployees ofCity. The contract price setforthherein shall bethefulland maximum compensation andmonies required ofCitytobepaid toVendor under orpursuant tothisAgreement. 16. GOVERNING LAW; LAWSUITS: ThisAgreement istobeconstrued inaccordance with and governed bythelaws oftheStateofIndiana, except foritsconflict oflaws provisions. Theparties agree that, intheevent alawsuit isfiledhereunder, theywaive theirright toajurytrial, agree tofileany suchlawsuit inanappropriate courtinHamilton County, Indiana only, 3 Pyrotecnico Fireworks, Inc. Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.03Fund; P.O. #111295 Contract Not To Exceed $79,500.00 and agree thatsuchcourt istheappropriate venue forandhasjurisdiction oversame. 17. SEVERABILITY: Ifanyterm ofthisAgreement isinvalid orunenforceable under anystatute, regulation, ordinance, executive order orother rule oflaw, such termshallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, andtheremaining provisions ofthisAgreement shall remain infullforce and effect. 18. NOTICE: Anynotice provided forinthisAgreement willbesufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, totheparty tobenotified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Marketing and Community Relations Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 IftoVendor: Pyrotecnico Fireworks, Inc. 299 Wilson Road New Castle, Pennsylvania 16101 Notwithstanding theabove, notice oftermination under paragraph 19hereinbelow shall beeffective ifgiven orally, aslongaswritten notice isthen provided assetforthhereinabove within five (5) business days from the dateofsuch oral notice. 19. TERMINATION: 19.1 Notwithstanding anything tothecontrary contained inthisAgreement, City may, upon notice toVendor, immediately terminate thisAgreement forcause, intheeventofadefault hereunder byVendor and/or ifsufficient funds arenotappropriated orencumbered topayforthe Goods andServices tobeprovided hereunder. Intheevent ofsuchtermination, Vendor shall beentitled toreceive onlypayment forthe undisputed invoice amount representing conforming Goods andServices delivered asofthedate of termination, except thatsuchpayment amount shallnotexceed theEstimate amount ineffect atthe time oftermination, unless theparties have previously agreed inwriting toagreater amount. 19.2 Citymayterminate thisAgreement atanytimeupon thirty (30) days priornotice toVendor. Inthe event ofsuchtermination, Vendor shall be entitled toreceive onlypayment forthe undisputed invoice amount ofconforming Goods andServices delivered asofthedate oftermination, except that such payment amount shall notexceed theEstimate amount ineffect atthetime oftermination, unless the parties have previously agreed inwriting toagreater amount. 19.3 TheCity mayterminate thisAgreement pursuant toParagraph 11hereof, asappropriate. 20. REPRESENTATIONS ANDWARRANTIES Theparties represent andwarrant that theyareauthorized toenterintothisAgreement andthatthe persons executing thisAgreement havethe authority tobindtheparty which they represent. 21. ADDITIONAL GOODS ANDSERVICES Vendor understands andagrees thatCitymay, fromtimetotime, request Vendor toprovide additional goods andservices toCity. When Citydesires additional goods and services from Vendor, theCityshall notify Vendor 4 Pyrotecnico Fireworks, Inc. Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.03Fund; P.O. #111295 Contract Not To Exceed $79,500.00 ofsuch additional goods andservices desired, aswellasthetimeframe inwhich same are tobeprovided. Only afterCity has approved Vendor’stimeand cost estimate forthe provision ofsuch additional goods and services, hasencumbered sufficient monies topay forsame, andhasauthorized Vendor, inwriting, toprovide suchadditional goods and services, shall such goods and services beprovided byVendor toCity. Acopy of theCity’sauthorization documents forthe purchase ofadditional goods andservices shallbenumbered and attached hereto intheorder inwhichthey areapproved byCity. 22. TERM Unless otherwise terminated inaccordance withthetermination provisions setforth inParagraph 19 hereinabove, thisAgreement shall beineffect from theEffective Datethrough thesatisfactory completion of services and/ordelivery andacceptance ofgoods contracted forherein. 23. HEADINGS Allheading andsections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns andlegal representatives, arebound tothe other with respect toallofthecovenants, terms, warranties and obligations setforth inAgreement. 25. NOTHIRD PARTY BENEFICIARIES This Agreement givesnorights orbenefits toanyone other than CityandVendor. 26. DEBARMENT AND SUSPENSION 26.1 TheVendor certifies byentering intothisAgreement thatneither itnoritsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded from entering into thisAgreement byany federal agency orbyany department, agency orpolitical subdivision oftheStateofIndiana. Theterm “principal” forpurposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson whohasacritical influence onorsubstantive control over theoperations ofthe Vendor. 26.2 TheVendor certifies thatithasverified thestate andfederal suspension and debarment statusforall subcontractors receiving funds under thisAgreement andshall besolely responsible foranyrecoupment, penalties orcosts thatmight arisefromuseofasuspended ordebarred subcontractor. The Vendor shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allstepsrequired bytheCity toterminate itscontractual relationship withthesubcontractor for worktobeperformed under thisAgreement. 27. IRAN CERTIFICATION Pursuant toI.C. § 5-22-16.5, theVendor shall certify that, insigning thisAgreement, itdoes notengage in investment activities within theCountry ofIran. 28. ADVICE OFCOUNSEL: Theparties warrant thattheyhaveread thisAgreement and understand it, have hadtheopportunity toobtain legal advice and assistance ofcounsel throughout thenegotiation ofthis Agreement, andenter intosame 5 Pyrotecnico Fireworks, Inc. Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.03Fund; P.O. #111295 Contract Not To Exceed $79,500.00 freely, voluntarily, andwithout anyduress, undue influence orcoercion. 29. ENTIRE AGREEMENT: This Agreement, together withanyexhibits attached hereto orreferenced herein, constitutes theentire agreement between Vendor andCitywithrespect tothesubject matter hereof, andsupersedes allpriororal orwritten representations and agreements regarding same. Notwithstanding anyothertermorcondition set forth herein, butsubject toparagraph 16hereof, totheextent anyterm orcondition contained inanyexhibit attached tothisAgreement orinanydocument referenced herein conflicts withany termorcondition contained inthis Agreement, theterm orcondition contained inthis Agreement shallgovern andprevail. ThisAgreement may only bemodified bywritten amendment executed bybothparties hereto, ortheirsuccessors ininterest. INWITNESS WHEREOF, theparties hereto havemade andexecuted thisAgreement asfollows: CITYOFCARMEL, INDIANA Pyrotecnico Fireworks, Inc. byandthrough itsBoard ofPublic Works andSafety By: By: Sue Finkam, Presiding Officer Authorized Signature Date: Printed Name Laura Campbell, Member Date: Title Alan Potasnik, Member FID/TIN: Date: ATTEST: Date: Jacob Quinn, Clerk Date: 6 City of Carmel Jeff Worrell 317-696-0162 jworrell@carmel.in.gov 1 Civic Square Carmel, IN 46032 Megan McVicker mmcvicker@carmel.in.gov July 4, 2024 City of Carmel; Carmel Rotary. Please see Exhibit C in original contract for coverage specifications. Jeff Worrell 317-696-0162 jworrell@carmel.in.gov Carmel Ice Skadium, 1040 3rd Ave, Carmel, IN 46032; See attached map 9:45 pm ET None EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 6/6/2024 PYROTECNICO FIREWORKS INC NEW CASTLE, PA 16101 - 111295 299 WILSON ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION FIREWORKS DISPLAY COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376386 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 87916 1203Department:101Fund:General Fund 43-590.03Account: FIREWORKSDISPLAY1 $79,500.00 $79,500.00Each 79,500.00SubTotal 79,500.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 111295 ORDERED BY TITLE COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Rebecca Carl James Crider Director Chief of Staff *This is to be ratified at the June 19 meeting. Mayor Finkam approved event to take place on June 9* Department Recommendations: CPD: yes MAC: yesCFD: yes Parks: yes ENG: yes Streets: yes CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other    Street closure Elm Street between Monon and 3rd Avenue Department Recommendations: CPD: yes MAC: yesCFD: yes Parks: yes ENG: yes Streets: yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street between Monon and 3rd Avenue Include addresses as appropriate An easy to read, color map of the area is required with submission. Street Closure request.pdf 102.7KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: We will shut down the street for three hours between 10:00 AM and 1:00 PM to conduct Merchants Topping Out Ceremony 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose: Description of Event: Event Date Start*Event Date End* If multiple dates, please list Set-Up Time:*Tear Down Time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Merchants has scheduled their “Topping Out Ceremony” (beam topping) for Thursday June 20th from 11:00 AM until 12:30 PM. They request close the street down from 10:00 AM until 1:00 PM from the entrance to the Railyard Public Garage to 3rd Avenue. We would hire a local security firm to provide directions at each of the blockades. We will provide our own barricades. 6/20/2024 6/20/2024 10:00:00 AM 1:00:00 PM 11:00:00 AM 12:30:00 PM NA 300 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Just a podium for the speakers Size of Stage Mercants Bank Topping Out Ceremony Vendors Contact Person* Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other DCG Indiana (builder for the new building Name of Merchants(s) doing the setup 2145878722 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Aubrey Tarpley Atarpley@dilloncg.com 2145878722 2145878722 Merchants Bank City Carmel State / Province / Region Indiana Postal / Zip Code 46032 Country United States Street Address 410 Monon Blvd Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://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 Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/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 Special Event/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. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. DCG Indiana Name of Organization/Applicant Signature of Authorized Agent/Applicant Aubrey Tarpley President Printed Name and Title (If applicable) 2145878722 Phone Number (Required) 6828 Hillsdale Court, Indianapolis, IN 46250 Address of Organization/Applicant 6/4/2024 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 ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other Civic Square - south side of the fountain only    Department Recommendations: CPD: yes MAC: yes CFD: yes Parks: yes ENG: yes Streets: yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Civic Square on south side of fountain Include addresses as appropriate An easy to read, color map of the area is required with submission. Belocal at Gazebo Concerts.png 660.49KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: The Gazebo Concerts is utilizing Civic Square on the south side of the fountain and asking for two way traffic to be utilized on the north side. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades* Standard Cones* No Parking Signs * Event Use/Purpose: Description of Event: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 2 Please note the number of Standard Cones needed 20 Please note the number of NO PARKING SIGNS needed 20 5. EVENT DETAILS The Wednesday night Gazebo Concert partnership with BeLocal Provide a brief description of event Kids concert from the steps of the fountain with booths set up on Civic Square. Attach additional pages if needed-SEE BELOW Event Date Start* Event Date End* If multiple dates, please list Set-Up Time:*Tear Down Time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 7/10/2024 7/10/2024 2:00:00 PM 10:00:00 PM 5:30:00 PM 10:00:00 PM NA 500 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Contact Person* Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://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 Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: John Eaton & Melanie Brewer jweaton@mccombpella.com 3176941310 Fountain Square Committee City Carmel State / Province / Region IN Postal / Zip Code 46032 Country Street Address One Civic Square Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/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 Special Event/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. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Fountain Square Committee/Melanie Brewer Name of Organization/Applicant Signature of Authorized Agent/Applicant Melanie Brewer - Senior PM Events Printed Name and Title (If applicable) 317-232 Ironwood Drive Phone Number (Required) One Civic Square Carmel, IN 46032 Address of Organization/Applicant 6/3/2024 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 ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other    Department Recommendation: CPD: yes MAC: yesCFD: yes Parks: yesENG: yes Streets: yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: City Services Needed 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other Sound 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Sound system/microphone Cones* Standard Cones* Event Use/Purpose: Description of Event: Event Date Start* Event Date End* If multiple dates, please list Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Standard Cones needed 5. EVENT DETAILS The Inauguration of the Olympic Ceremony Provide a brief description of event Sister Cities would like to host the Inauguration of the Olympic Ceremony as a way to promote global unity and to make people aware of the 7 Sister Cities that the City of Carmel has a relationship and exchange with. This year the Olympic Ceremony will be held in Paris, France. Rueil Malmaison will be hosting the event with the other 6 Sister Cities. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 7/26/2024 7/26/2024 Set-Up Time:* Event Start time:* Rehearsal Rehearsal Date: Rehearsal Start: Number of People Expected:* Fees? Vendors 11:30:00 AM 12:00:00 PM NA Rehearsal Start Time: Tear Down Time:* 5:00:00 PM Event End time:* 4:00:00 PM Rehearsal End: Rehearsal End Time: 100 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup 7137946644 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Face painter Small tent with table for Carmel Sister Cities booth Contact Person* Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://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 Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Suzette Vetrini suzettegrazia@gmail.com 7137946644 7137946644 Sister City Carmel-Rueil Malmaison City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address Hall (second floor One, 1 Civic Sq Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/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 Special Event/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. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Sister City Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Suzette Vetrini Printed Name and Title (If applicable) 7137946644 Phone Number (Required) Sister City Carmel Address of Organization/Applicant 5/23/2024 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 ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other    *this event was previously approved for 9-8-24. Event organizer is requesting a date change to 9-1-24.There are no conflicts at the Gazebo for this date. Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: City Services Needed 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Event Date End* 5. EVENT DETAILS International Dance Festival Provide a brief description of event Dance, Music and food. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/1/2024 Tear Down Time:* 10:00:00 PM Event End time:* 8:00:00 PM NA 200 Will a Fee be charged for this event? If yes, please describe below. Yes No Event Use/Purpose: Description of Event: Event Date Start * 9/1/2024 If multiple dates, please list Set-Up Time:* 11:00:00 AM Event Start time:* 4:00:00 PM Rehearsal Number of People Expected:* Fees? EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Vendors Vendors Present* Contact Person* Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://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) Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 5 6. CONTACT INFORMATION: Parool Patel Garba at Gazebo City Carmel State / Province / Region IN Postal / Zip Code 46033 Country United States Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/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 Special Event/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. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Parool Patel Name of Organization/Applicant Signature of Authorized Agent/Applicant Parool Patel Printed Name and Title (If applicable) (Required) Carmel. IN 46033 Address of Organization/Applicant 5/20/2024 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 ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ For Grantee’s Internal Use: Work Order #: 47768063-30 Page 1 of 3 Prepared by: Return to: Duke Energy Indiana, LLC Duke Energy Indiana, LLC Attn: Jamie Stevens 1000 E Main St Mail Code: WP989 Plainfield, Indiana 46168 Parcel # 29-09-25-405-007.000-018 EASEMENT State of Indiana County of Hamilton THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from CITY OF CARMEL, an Indiana municipality (“Grantor”, whether one or more), to DUKE ENERGY INDIANA, LLC, an Indiana limited liability company (“Grantee”). Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain, repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively, “Facilities”). Grantor is the owner of that certain property described in Section 25, Township 18 North, Range 3 East, Clay Township, Hamilton County, State of Indiana; being a part of a tract as recorded in Instrument Number 199909951189, in the Office of the Recorder of Hamilton County, Indiana (“Property”). The Facilities shall be underground, except as needed on or above the ground to support the underground Facilities, and located in, upon, along, under, through, and across a portion of the Property within an easement area described as follows: For Grantee’s Internal Use: Work Order #: 47768063-30 Page 2 of 3 Easement being that area indicated, relative to landmarks and property lines, shown on a drawing marked Exhibit ''A'', attached hereto and becoming a part hereof (hereinafter referred to as the ''Easement Area''). The rights granted herein include, but are not limited to, the following: 1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at any time or times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth, other vegetation, and obstructions. 3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. Grantee shall have the right to install necessary guy wires and anchors extending beyond the boundaries of the Easement Area. 5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to conform to any future highway or street relocation, widening, or alterations. 6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or obstructions, within or adjacent to the Easement Area, which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure, improvement, facility, or obstruction at the expense of Grantor. 7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition prior to the damage, and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 8. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe, reliable, and efficient installation, operation, and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time to time, to exercise any and all such rights. TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors, licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful possession, use and enjoyment of the same. IN WIT NESS WHE RE OF, Gran tor has signed this Easement under seal effective this __ day of __________ , 2024. SUE FINKAM PRESIDING OFFICER ALAN POTASNIK MEMBER STATE OF INDIANA COUNTY OF HAMILTON ) ) CIT Y OF CARME L, INDIANA by and through its Board of Public Works and Safety LAURA CAMPBELL MEMBER ATTEST: JACOB QUINN CLERK ) ss: This certificate relates to an acknowledgment in connection with which, no oath or affinnation was administered to the document signer. The foregoing instrument was acknowledged before me, a notary public in the county and state written above this ___ day of __________ , 2024 by Sue Finkam, Laura Campbell and Alan Potasnik, as Members of the City of Carmel Board of Public Works and Safety, organized under the laws of Indiana, and that by authority duly given and as the act of said City of Carmel, the foregoing EASEMENT was signed in its name by its members, sealed with its official seal, and attested by Jacob Quinn as the Clerk of the City of Carmel. WITNESS my hand and official seal dated _________ , 2023. SEAL: Signed: Printed or Typed Name: Commission Expires: My County of Residence: My Commission Number: This instrument prepared by Victoria Parker, Attorney-at-Law, 1000 E. Main St, Plainfield, IN 46168. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Megan Johnson For Grantee's Internal Use: Work Order#: 27511874 4 ILLI N O I S S T R E E T PI T T M A N W A Y ILLI N O I S S T R EET ILLIN O I S S T R E E T EX I S T I N G L E G E N D CO N S T R U C T I O N D O C U M E N T S PLOT DATE: 4/10/2024 2:11 PMPLOT SCALE: 1:40 EDIT DATE: 4/10/2024 EDITED BY: LZDANOWICZ DRAWING FILE: P:\2022\00150\D. Drawings\Civil\Construction Documents\2022.00150.CE.C201.SP.dwg Pr o j e c t N u m b e r CE R T I F I E D B Y IS S U A N C E I N D E X DA T E : PR O J E C T P H A S E : 11 / 1 5 / 2 0 2 2 20 2 2 . 0 0 1 5 0 CA R M E L M E D I C A L OF F I C E B U I L D I N G AT T H E B R I D G E S CA R M E L , I N D I A N A RE V I S I O N S C H E D U L E NO . D E S C R I P T I O N D A T E C2 0 1 SIT E P L A N SI T E D A T A T A B L E SI T E L E G E N D KE Y N O T E S RF I 2 1 La n e R e s t r i c t i o n Sig n a g e Sta r t L a n e T a p e r On l y l a n e r e s t r i c t i o n o n t h e we s t e r n m o s t s o u t h b o u n d l a n e o f Ill i n o i s S t r e e t . S t a r t l a n e r e s t r i c t i o n sig n a g e a t r o u n d a b o u t a t Z o t e c w a y . Sta r t l a n e t a p e r a t P i t t m a n w a y . Sta r t l a n e r e s t r i c t i o n o n 6 / 1 3 f o r a 2 we e k d u r a t i o n . -,. Ill SUE FINKAM, MAYOR June 11, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: OPEN PAVEMENT CUT; ALLEY CLOSURE- PATTON PLUMBING-4412nd AVE NE Dear Board Members: Patton Plumbing is requesting approval for an alley closure and open pavement cut to install a new sanitary sewer lateral in the alley east of 441 2nd Ave NE (exhibit attached). The Department of Engineering recommends that the Board approve the requested lane restriction and open pavement cut conditioned upon the following requirements: •The project's contractor shall comply with the provisions of Carmel City Code 6-227(a)(l), 6-227(a)(8) and 6-227(b). •The petitioner agrees to work with the Department of Engineering on the establishment of a detour route prior to the closure of the alley. Signage identifying the closure and detour route shall be placed prior to closure of the street and maintained for the duration of the work period. •Construction in dedicated City Right-of-Way shall be restored in compliance with all City codes and standards. •The Department of Engineering shall be provided a minimum 48-hour notification prior to commencement of work. •Emergency access to adjoining properties of the work site shall remain in place at all times. Notification to adjoining property owners shall be made 48 hours prior to commencement of work activities. •Open pavement cuts shall be restored in accordance with City of Carmel standards. •Any damage to the existing improvements within the right of way shall be restored to the satisfaction of the City when work is completed. Sincerely, Jeremy Kashman, P.E. City Engineer DEPARTMENT OF ENGINEERING ONE Crvrc SQUARE, CARMEL, IN 46032 OFFICE: 317-571-2441 FAx: 317-571-2439 EMAIL engineering@carmel.in.gov Lot 46 E SMALLST 2NDAVENE ALLEY3RD WO R K Z O N E Ar c G I S W e b M a p Ov e r r i d e 1 Pa r c e l s St r e e t s - C a r m e l S t r e e t s Ca r m e l Ju n e 1 1 , 2 0 2 4 0 0 0. 0 1 0 mi 0 0. 0 1 0. 0 1 0 km 1: 2 8 2 Ar c G I S W e b A p p B u i l d e r R EQ U ES T F O R W A I V E R V3 | Visio, Vertere, Virtute … The Vision to Transform with Excellence DATE: 22 May 2024 TO: Mr. John Thomas & Mr. Alex Jordan FROM: Mr. Landon Vine, V3 Companies, Ltd. RE: Request for Waiver – SW-2024-00005 Spring Mill Run Stream Restoration Dear Mr. Thomas and Mr. Jordan, On February 27th, V3 Companies, Ltd. (“V3”), on behalf of the Crooked Stick Golf Club (“Crooked Stick”), used the City of Carmel (“Carmel”) Public Portal to submit stormwater and right-of-way permit applications for the proposed Spring Mill Run Stream Restoration project, situated at the Crooked Stick golf course at 1964 Burning Tree Lane, Carmel, Hamilton County, Indiana. The permit applications are numbered SW-2024-00005 and RW- 2024-00186, respectively. The purpose of the proposed project is to restore a degraded segment of Spring Mill Run situated within the limits of the Crooked Stick golf course. At the site of the proposed work, Spring Mill Run drains a watershed of approximately 1.62 square miles. Bank erosion and downcutting have led to serious issues on the site segment of Spring Mill Run, and the purpose of the proposed stream restoration is to remediate these issues by enhancing channel geomorphology and restoring aquatic habitat. During early May 2024, Carmel provided comments on the stormwater permit application SW-2024-00005 via ePlans online. On 16 May 2024, Carmel and V3 held a conference call to discuss these comments. Carmel confirmed that V3 should submit a request for a waiver from the requirements indicated in Carmel City Code (CCC) § 6-196 (Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices) and CCC § 6-198 (Floodplain Management). The purpose of this letter is to request a waiver from the requirements indicated in CCC § 6-196 and § 6-198. Waiver: CCC § 6-196 (Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices) The proposed project is a stream restoration and will not introduce new impervious surfaces. As such, no post-construction BMPs are proposed. The proposed erosion control plan includes erosion control matting and a seed/straw application. Erosion control matting shall be a North American Green BioNet® SC150BNTM biodegradable erosion control blanket. The biodegradable erosion control matting and seed/straw application shall provide permanent erosion control for the area of the proposed work. The erosion control blanket and seed/straw areas shall be seeded with grass cover consisting of an endophyte-free, endophyte-friendly, or low-endophyte variety of tall fescue (Schedonorus arundinaceus) or another suitable turf grass species. Turf grass species are proposed since the project site is a professional golf course. Prior to permanent seeding, soil shall be analyzed to determine appropriate fertilizer requirements for the grass species proposed. V3 respectfully suggests that post-construction best management practices (BMPs) are unnecessary. V3 requests a waiver from post-construction BMP requirements indicated in CCC § 6-196. Page 2 of 2 City of Carmel Engineering Department 22 May 2024 Spring Mill Run Stream Restoration Waiver: CCC § 6-198 (Floodplain Management) The proposed project would have a net positive benefit to floodplain storage since the grading plan proposes a net positive cut. The proposed project does not involve fill in the floodplain and/or obstructions to effective flow. The stream restoration will increase cross sectional flow area within the Spring Mill Run floodplain by increasing the bank-full width. Total site-wide cut associated with the proposed stream restoration is 1,296 cubic yards (CY). Total site- wide fill is 223 CY, all of which is associated with a privacy berm situated in the ineffective flow area of the floodplain. All other excavated soil from site grading will be placed outside of the existing floodplain for use in Crooked Stick’s greater course redevelopment. Cross sections for the proposed activity, which show the net increase of 1,073 CY in floodplain storage, can be referenced in Appendix A of the revised plan sheets. Since the proposed project has a net positive cut and would improve floodplain capacity, V3 requests a waiver from CCC § 6-198. V3 appreciates Carmel’s consideration of this request for a waiver. Please contact us at your earliest convenience with any questions, comments, or concerns. Sincerely, Landon Vine, MS Project Scientist V3 Companies, Ltd. 619 North Pennsylvania Street Indianapolis, Indiana 46204 202.360.0563 Lvine@v3co.com WETLAND PRESERVATION EASEMENT A EXHIBT A A part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, of the Second Principal Meridian, Clay Township of Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 00 degrees 22 minutes 46 seconds West, 461.38 feet, to the POINT OF BEGINNING; thence North 87 degrees 43 minutes 39 seconds East, 102.71 feet; thence North 76 degrees 22 minutes 53 seconds East, 40.19 feet; thence South 38 degrees 06 minutes 52 seconds East, 46.44 feet; thence South 49 degrees 38 minutes 46 seconds West, 41.69 feet; thence South 44 degrees 03 minutes 14 seconds East, 141.22 feet; thence South 20 degrees 43 minutes 25 seconds East, 26.32 feet; thence South 53 degrees 04 minutes 58 seconds East, 84.47 feet; thence South 89 degrees 44 minutes 50 seconds West, 49.65 feet; thence North 53 degrees 04 minutes 58 seconds West, 53.61 feet; thence North 20 degrees 43 minutes 25 seconds West, 28.83 feet; North 44 degrees 03 minutes 14 seconds West, 136.97 feet; thence South 49 degrees 38 minutes 40 seconds West, 63.55 feet; thence North 46 degrees 08 minutes 37 seconds West, 93.69 feet; thence North 00 degrees 22 minutes 46 seconds East, 45.70 feet; to the POINT OF BEGINNING. SINGH-SUBDIVISION-WETLAND-PRESERVATION-ESMTA-EXHIBIT A WETLAND PRESERVATION EASEMENT B EXHIBT B A part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, of the Second Principal Meridian, Clay Township of Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 00 degrees 22 minutes 46 seconds West, 40.00 feet; thence North 89 degrees 42 minutes 09 seconds East (Indiana State Plane East Zone Grid Bearings) parallel to the north line of said quarter section, 468.34 feet, to the POINT OF BEGINNING; thence continuing North 89 degrees 42 minutes 09 seconds East, 65.49 feet; thence South 2 degrees 44 minutes 37 seconds West, 367.68 feet; thence South 8 degrees 10 minutes 16 seconds West, 150.91 feet; thence South 20 degrees 10 minutes 36 seconds West, 122.99 feet; thence South 73 degrees 16 minutes 10 seconds East, 62.57 feet; thence South 89 degrees 44 minutes 50 seconds West, 144.14 feet; thence North 21 degrees 22 minutes 11 seconds East, 176.26 feet; thence North 8 degrees 13 minutes 50 seconds East, 125.58 feet; North 2 degrees 50 minutes 40 seconds East, 362.40 feet; to the POINT OF BEGINNING. SINGH-SUBDIVISION-WETLAND-PRESERVATION-ESMTb-EXHIBIT b STORMWATER MANAGEMENT EASEMENT 1 EXHIBT A A part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, of the Second Principal Meridian, Clay Township of Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 00 degrees 22 minutes 46 seconds West, 40.00 feet; thence North 89 degrees 42 minutes 09 seconds East (Indiana State Plane East Zone Grid Bearings) parallel to the north line of said quarter section, 385.79 feet, to the POINT OF BEGINNING; thence continuing North 89 degrees 42 minutes 09 seconds East, parallel to the north line of said quarter section, 31.44 feet; thence South 00 degrees 17 minutes 51 seconds East, 56.19 feet; thence South 76 degrees 00 minutes 57 seconds East, 27.88 feet; thence South 4 degrees 54 minutes 07 seconds West, 160.47 feet; thence South 49 degrees 38 minutes 40 seconds West, 76.81 feet; thence North 76 degrees 00 minutes 57 seconds West, 63.77 feet; thence North 00 degrees 58 minutes 26 seconds West, 82.04 feet; thence North 4 degrees 54 minutes 07 seconds East, 118.01 feet; thence North 60 degrees 00 minutes 00 seconds East, 77.07 feet; thence North 00 degrees 17 minutes 51 seconds West, 18.82 feet to the POINT OF BEGINNING. SINGH-SUBDIVISION-STORMWATER-MANAGEMENT -ESMT1-EXHIBIT A STORMWATER MANAGEMENT EASEMENT 2 EXHIBT B A part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, of the Second Principal Meridian, Clay Township of Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 00 degrees 22 minutes 46 seconds West, 40.00 feet; thence North 89 degrees 42 minutes 09 seconds East (Indiana State Plane East Zone Grid Bearings) parallel to the north line of said quarter section, 549.73 feet, to the POINT OF BEGINNING; thence continuing North 89 degrees 42 minutes 09 seconds East, parallel to the north line of said quarter section, 113.67 feet; thence South 7 degrees 22 minutes 17 seconds East, 60.05 feet; thence South 31 degrees 37 minutes 24 seconds East, 67.74 feet; thence South 47 degrees 04 minutes 46 seconds West, 119.41 feet; thence South 00 degrees 00 minutes 00 seconds East, 111.38 feet; thence South 32 degrees 28 minutes 34 seconds East, 150.72 feet; thence South 54 degrees 49 minutes 51 seconds West, 120.66 feet; thence North 68 degrees 18 minutes 24 seconds West, 76.87 feet; thence North 9 degrees 27 minutes 05 seconds East, 104.55 feet; thence North 37 degrees 29 minutes 04 seconds East, 85.39 feet; North 00 degrees 00 minutes 00 seconds East, 117.44 feet; thence North 47 degrees 04 minutes 46 seconds East, 111.72 feet; thence North 31 degrees 37 minutes 24 seconds West, 55.64 feet; thence North 7 degrees 22 minutes 17 seconds West, 16.54 feet; thence South 49 degrees 38 minutes 40 seconds West, 79.14 feet; thence North 90 degrees 00 minutes 00 seconds West, 39.66 feet; thence North 00 degrees 00 minutes 00 seconds East, 100.64 feet, to the POINT OF BEGINNING. SINGH-SUBDIVISION-STORMWATER-MANAGEMENT -ESMT2-EXHIBIT B WHEREAS, the official plat of the Subdivision was recorded in PC 1 SLIDE 742, Instrument Number 9649687 in the Office of the Hamilton County Recorder on 11/24/1996, as CARMEL STATION, section 3 (the “Plat”); and WHEREAS, the current Owner wishes to install a deck expansion on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Sanitary, Drainage and Utility Easement , identified as "20' S.D. & U.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Beard, Zsuzsanna, 12485 Carmel Gdn, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 13 ("Lot") in CARMEL STATION, section 3, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The 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. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. 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. 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 mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement 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 Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Sue Finkam, Presiding Officer Laura Campbell, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, 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. Sergey Grechukhin, Esquire Exhibit A WHEREAS, the official plat of the Subdivision was recorded in PC 3 SLIDE 346, Instrument Number 2004-10050 in the Office of the Hamilton County Recorder on 02/16/2004, as WEXLEY CHASE (the “Plat”); and WHEREAS, the current Owner wishes to install a Pool Equipment on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot Drainage Easement , identified as "15' D.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Sharpe, David W & Zoe H Sauer jtrs, 12671 Tuscany Blvd, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 3 ("Lot") in WEXLEY CHASE, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The 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. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. 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. 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 mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement 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 Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Sue Finkam, Presiding Officer Laura Campbell, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, 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. Sergey Grechukhin, Esquire Exhibit A 3' 3' 4' 6' 500 sq ft of concrete Apex 15.5 x 40 11' 2" 11' 2" 27' 11" 15 ' 17' 10" 87 ' 1 0 " 30' 7" 23' 4 " Sil t F e n c e Sil t F e n c e Silt F e n c e Silt F e n c e Silt Fence Silt Fence Silt Fence Silt Fence Silt Fence Silt Fence Silt Fence Silt Fence Silt Fence Silt Fence Silt F e n c e Silt F e n c e Silt F e n c e ACCESS AC C E S S AC C E S S AC C E S S AC C E S S Benchmark L gra d e grad e gr a d e gr a d e grade grade MD MD Rsp R R Window well B-Ball Goal Pool Equipment Existing AirConditioner Gas Meter silt fence Cup-Socket Return Pool Light Main Drain Stair Rail sump pit Auto Cover Motor Left GFCI Outlet Cover & Light Switch Pool Kit Drop Off Concrete Wash Out 60 12 18 24 30 Scale: 1/16" = 1 ft NN Pools by Cory Project Info Client Name:Zoe Sauer Address:12671 Tuscany Blvd City,St,Zip:Carmel, IN 46032 Designer Name:Matt Buck WHEREAS, the official plat of the Subdivision was recorded in PC 6 SLIDE 502, Instrument Number 2024-9407 in the Office of the Hamilton County Recorder on 03/19/2024, as AMBLESIDE, section 2 (the “Plat”); and WHEREAS, the current Owner wishes to install a window well on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot regulated drainage and utility easement , identified as "15' R.D.&U.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Hoffman Developer LLC, 14211 Beaument Blvd, Carmel, Hamilton County, Indiana 46074, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 80 ("Lot") in AMBLESIDE, section 2, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The 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. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. 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. 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 mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement 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 Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Sue Finkam, Presiding Officer Laura Campbell, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, 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. Sergey Grechukhin, Esquire Exhibit A PLOT PLAN THIS DOCUMENT HAS BEEN PREPARED AND BASED UPON THE CONSTRUCTION DOCUMENTS, RECORD DRAWINGS AND ADDITIONAL INFORMATION PREPARED FOR THIS DEVELOPMENT BY OTHERS. THIS DOCUMENT IS NOT A FIELD SURVEY AND FOREFRONT SURVEYING AND ENGINEERING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THIS INFORMATION. 14211 BEAUMENT BOULEY ARD CARMEL, IN 46074 CLAY TOWNSHIP HAMILTON COUNTY LOT SO AMBLESIDE, SECTION 2 INST. #2024009407 P.C. #6, SLIDE #502 MIN. F.F.E.=910.50 M.L.A.G.=910.00 M.F.P.G.=910.50 1ST FLOOR F.F.E.=912.25 TOW=911.25 GAR. F.F.E.=910.50 BSMT. F.F.E.=902.36 DRIVEWAY SLOPE=?.6%± LEGEND AS APPLICABLE I xx.xi ELEVATION PER PLAN @) SANITARY MANHOLE @ WATER METER [,x(i WATER VALVE 'e' FIRE HYDRANT @ STORM STRUCTURE 5J CURB INLET "' END SECTION li!ll BENCHMARK BM � Q. b ➔EMERGENCY FLOOD ROUTE B.L. BUILDING LINE 0::: ....J"::::, == a,[D 0::: I-. z-u.J co :::::ii:..._, � [D D.&U.E. D.U.&S.S.E. DRAINAGE & UTILITY EASEMENT DRAINAGE, UTILITY & SANITARY SEWER EASEMENT L.M.A.E. LANDSCAPING, MAINTENANCE ACCESS EASEMENT M.F.P.G. MINIMUM FLOOD PROTECTION GRADE S.P. SUMP PIT F.P. FIREPLACE M. MEASURED P. PLATTED FLOOD INFORMATION: THIS PROPERTY IS LOCATED IN FLOOD ZONE "X" AS PER FEMA FLOOD MAP #18057C0205 G, DATED NOVEMBER 19, 2014. MODEL: ALLISON II PC2G BASE HOUSE STANDARD FEATURES -9' FULL BASEMENT -3 CAR FRONT ENTRY GARAGE -5'X7' DECK -BRICK WRAP STANDARD SELECTED FEATURES -1 EGRESS WINDOW WELL -BRICK WRAP -3-CAR GARAGE -SUN ROOM MH-AMB48 T.C.=909.72:1: MODEL: LOTSl PROP HOUSE 130.00' ALLISON II PC2G CONC. 2.00' GARAGE DRIVE UNEXCAVATED b co 21.4' MH-AMB49 T.C.=909.12:1: SOD: SEED: PRIVATE WALK: PUBLIC WALK: DRIVEWAY: IMPERVIOUS: BUILDING SETBACK LINES: AREA 'A' LOTS 1-29 AND 68-89 5' MINIMUM SIDE YARD 135 Sq.Yds. 4,275 Sq.Ft. 70 Sq.Ft. 255 Sq.Ft. 755 Sq.Ft. 3,468 Sq.Ft. LOT79 VACANT LOT 3' MINIMUM SIDE YARD (3 CAR GARAGE) 20' MINIMUM FRONT YARD 20' MINIMUM REAR YARD 60% MAXIMUM LOT COVERAGE � 0 15 30 SCALE: 1 "= 30' LOT AREA:8,710 Sq.Ft. T 41.7' ______ pJr·: 130.00' I I I I b 0 ,...: co Certified this 29th day of April, 2024 Dewey Witte Professional Land Surveyor Indiana No. LS29800022 � 0::: -cc. z "> o l :::::. fl (.) PREPARED FOR: PULTE HOMES JOB #: 24SE-263 I{) 00 No, -o 11. u.10c;j �rlil 0.,0::: Z>- 0 0 fp-\ FOREFROI\IT \.::,; SURVEYING+ ENGINEERING 17241 Foundation Pkwy, Westfield, IN 46074 requests@forefrontse.com REV. NO. DATE REVISIONS DRAWN BY: JSC CHECKED BY: DLW DATE: 04/29/2024 PAGE 1 OF 1 WHEREAS, the official plat of the Subdivision was recorded in PC 5 SLIDE 279, Instrument Number 2014-54239 in the Office of the Hamilton County Recorder on 12/01/2014, as RIDGE AT THE LEGACY, THE, section 3 (the “Plat”); and WHEREAS, the current Owner wishes to install a Patio, retaining wall, deck, pool and pool deck on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Tree Preservation Easement , identified as "50' T.P.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Medina De La Cruz, Miguel A, 14385 Arnett Dr, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 75 ("Lot") in RIDGE AT THE LEGACY, THE, section 3, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The 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. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. 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. 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 mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement 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 Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Sue Finkam, Presiding Officer Laura Campbell, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, 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. Sergey Grechukhin, Esquire Exhibit A Exhibit B Exhibit B  / - / - /- /-  > * > *  ? ? >4>4>4>4>4>4 > 4 >  4 > 4 %>4 %>4 %>4 %>4 %>4 %>4 %>4 %>4 %>4 %> 4                                         !" & #                $                                     %""%    !  "   #! "$ % ! ! " "  &$   $ &   "     " $$ $& $ '$  ()&*  !+! +"   ! +, -** .+/..01     $   $ $'&*  +-'& $ $%  $ $%$  $   &  *   +  $  ' $ 2 "  &' ##        &   3  3  4    $   -   + "     + ,   5 (  ($    )$   *+*, -.+?.-*+8*-, -* >DEF                                           Ge n e r a l A r e a o f SU E I n v e s t i g a t i o n WHEREAS, the official plat of the Subdivision was recorded in PB 2 PG 47-48, Instrument Number in the Office of the Hamilton County Recorder on 12/16/1955, as CARMEL MEADOWS, section 1 (the “Plat”); and WHEREAS, the current Owner wishes to install a metal storage shed on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 7.5-foot Utility Strip , identified as "7.5' U.S." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Hauser, Jerry D, 730 Altam Ave, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 26 ("Lot") in CARMEL MEADOWS, section 1, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The 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. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. 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. 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 mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement 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 Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Sue Finkam, Presiding Officer Laura Campbell, Member Alan Potasnik, Member Jacob Quinn, Clerk Date: Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _____ day of ______________, 20__. NOTARY PUBLICMy Commission Expires: Printed Name My County of Residence: This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, 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. Sergey Grechukhin, Esquire Exhibit A: Property Descrip�on Legal Description Acreage .00 Section 30, Township 18, Range 4 CARMEL MEADOWS Section 1 Lot 26 Exhibit B Approximate Encroachment Loca�on Encroachment Loca�on