HomeMy WebLinkAboutCTE 600 S. Rangeline Rd
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Carmel Midtown
Community Development Corporation, 600 S Rangeline Rd, 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.
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate which is located within the corporate limits of the City of
Carmel, Indiana and is more particularly described in Exhibit A (the "Real Estate"), attached hereto and incorporated herein
by this reference; and
WHEREAS, the current Owner wishes to install building footers on the Real Estate (the "Encroachment)" which will
encroach into those segments of Veterans Way, Rangeline Road, and Walnut Street (the "Right of Way") which are
contiguous to the Real Estate and which are identified on the drawing attached hereto and incorporated herein by reference as
Exhibit B (the "Drawing"), in the manner and locations shown on the Drawing; and
WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner’s request for a variance from
Carmel City Code Section 6-227(4); and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements
not indicated by Owner on Exhibit B; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other
good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually
promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set
forth herein.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
Notwithstanding anything to the contrary in this Agreement, Owner shall be given at least thirty (30) days prior
written notice from the City and an opportunity to cure any failure to comply within that period, provided,
however, that (i) if the cure cannot reasonably be completed in that time, Owner shall have the opportunity to
commence within that period and diligently pursue a cure thereafter, the time to shall be extended up to ninety
(90) days, and (ii) such 30-day period shall be subject to extension as reasonably required due to force majeure.
3. 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.
4. Reserved.
5. Owner agrees and acknowledges that the City’s consent to encroach within the Right of Way, as provided
in this instrument, regards the City’s Right of Way interests only, and does not constitute permission or
authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other
person without that person’s consent even if such property interests are also located within the Right of
Way.
6. Owner agrees and acknowledges that the Encroachment, as provided in this instrument, does not violate any
covenants and restrictions applicable to the Encroachment.
7. Reserved.
8. Owner agrees that the water flow from the Encroachment shall be directed away from all street travel lanes
and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into
contact with any travel lanes or paved areas of any street or street intersection.
9. Owner agrees to repair or replace, at Owner’s sole cost and expense and to the City’s reasonable satisfaction,
any utilities or improvements (whether located above, below or on the surface of the Right-of-Way) damaged
as a result of the installation, construction, maintenance or operation of the Encroachment.
10. Owner agrees to install identification tape or identification wire on the Encroachment that will allow the City to
readily determine the underground location of any Encroachment.
11. Following construction and installation of the Encroachment, Owner agrees not to alter the ground surface
elevation within the limits of the Right of Way at any time, without the prior consent of the City, which shall not
be unreasonably conditioned, withheld or delayed.
12. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any
damage to the Right of Way and any improvements located therein caused by the installation, construction,
maintenance and/or operation of the Encroachment.
13. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees,
licensees and agents, (i) from and against any and all losses, liabilities, damages, claims, judgments, attorney
fees and costs arising from any bodily injury, death or property damage occurring during the initial installation
and during any subsequent use, maintenance or repair of the Encroachment and (ii) for any failure of proper
disclosure pursuant to Paragraph 17 hereof.
14. The parties agree that the terms of this Agreement shall be appurtenant to and run with the land and be binding
upon and inure to the benefit of their respective heirs, administrators, successors and assigns.
15. 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.
16. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
17. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire
by or through Owner any interest in the Real Estate on and after the effective date of this Agreement.
[SIGNATURES ON THE FOLLOWING PAGES]
Hamilton
Exhibit A
Real Estate
Together with:
8
A B
3
4
5
6
7
1
2
C D E F G H
8
3
4
5
6
7
1
2
A B C D E F G H
DESCRIPTIONDATENO
REVISION RECORD
DATE:
DWG SCALE:
DRAWN BY:
CHECKED BY:
APPROVED BY:
PROJECT NO:
SH
E
E
T
OF
DR
A
W
I
N
G
N
O
.
:
EAST BUILDING
FOOTER EXHIBIT
317-168
1"=20'
AUGUST 7, 2024 CJV
ABS
ABS
11
EX
H
STUDIO M
ARCHITECTURE & PLANNING, LLC
MONON SQUARE MIXED USE
RANGELINE ROAD
CARMEL, INDIANA 46032
NO
R
T
H
Civil & Environmental
Consultants, Inc.www.cecinc.com
530 E. Ohio Street
Ph: 317.655.7777
Indianapolis, IN 46204
Suite G
&YIJCJU#