The URL can be used to link to this page

Home My WebLink AboutPaperless Packet for BPW Meeting 10-02-24Board of Public Works and Safety Meeting Agenda Wednesday, October 2, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the September 18, 2024, Regular Meeting 2.BID OPENINGS, RECOMMENDATIONS, AND AWARDS a.Bid Recommendation for 24-STR-06 Concrete Road Maintenance; Matt Higginbotham, Street Commissioner 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.Petition for Alley/Street Vacation; Carmel Library Property; Christine Altman, Property Owner TABLED ON 09-04-24 4.CONTRACTS a.Request for Purchase of Goods and Services; PKS Construction, Inc.; ($79,897.00); Building Repairs and Maintenance; Additional Services Amendment; Rebecca Carl, Chief of Staff b.Request for Agreement between City of Carmel and Vendor; Indiana University Health; Amendment to Affiliation Agreement; Chief Joel Thacker, Carmel Fire Department c.Request for Purchase of Goods and Services; Flock Group, Inc.; ($171,233.90); Flock Safety Products and Services; Additional Services Amendment; Chief Drake Sterling, Carmel Police Department d.Request for Purchase of Goods and Services; All Star Paving, Inc.; ($314,624.00); 22- ENG-13 Miscellaneous Path Connections; CO #1; Brad Pease, Director of Engineering e.Request for Purchase of Professional Services; American Structurepoint, Inc.; ($845,212.00); 22-ENG-03-116TH & Hoover Road Roundabout and 116th Trail Towne to Springmill; Additional Services Amendment 2a; Brad Pease, Director of Engineering f.Request for Purchase of Goods and Services; Mainscape, Inc.; ($97,425.00); Janitoral Services for Christkindlmarkt; Additional Services Amendment Matt Higginbotham, Street Commissioner g.Resolution BPW 10-02-24-01; Request for Acknowledgment of Contract between City and Vendor; Omni Electric, LLC; ($101,365.00); Light Poles Along Gradle; Matt Higginbotham, Street Commissioner 5.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use Carter Green and Use/Close City Streets; Special Request to Use Electricity and James Building Restrooms; Carmel Farmers Market-Summer 2025; May 3, 2025, through September 27, 2025; 6:00 AM to 2:00 PM; Lisa McLaughlin, Carmel Farmers Market Inc b.Request to Use Midtown Plaza; Ball State Athletics Football Watch Party; October 19, 2024; 5:00 PM to 11:00 PM; Mick Tidrow c.Request to Use the Monon Trail; Sankt Martinstag Celebration; November 30, 2024; 6:00 PM to 9:00 PM; Christin Kelly Hooks, Carmel Christkindlmarkt 6.OTHER a.Request for Easement Agreement; Duke Energy Indiana, LLC; 1921 E 116th Street, Carmel, IN 46032; Brad Pease, Director of Engineering b.Request for Right of Way Dedication; Monon Square Associates JV, LLC; Property Owners c.Request for Consent to Encroach; 600 S Rangeline Road; Carmel Midtown Community Corporation d.Request for Consent to Encroach; 620 S Rangeline Road; Monon Square Associates JV, LLC 7.ADD-ONS 8.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, September 18, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Chairwoman Campbell called the meeting to order at 10:01 AM 10 11 MEMBERS PRESENT 12 13 Chairwoman Laura Campbell, Board Members James Barlow and Alan Potasnik, and City Clerks Jacob 14 Quinn and Jessica Dieckman are present. 15 16 17 FIRST ORDER OF BUSINESS 18 19 Board Member Potasnik moved to elect Laura Campbell as the Presiding Officer. Board Member 20 Barlow seconded. Motion approved 3-0. 21 MINUTES 22 Minutes from the September 4, 2024, Regular Meeting. Board Member Barlow moved to approve. 23 Board Member Potasnik seconded. Minutes approved 3-0. 24 BID OPENINGS AND AWARDS 25 26 Bid Award for 21-SW-03 Orchard Park Drainage Improvement: Brad Pease, Director of 27 Engineering, recommended awarding the quote to Calumet Civil Contractors for $1,763,000 as they 28 were the lowest bid and most responsive. Board Member Barlow moved to approve. Board Member 29 Potasnik seconded. Award approved 3-0. 30 31 Bid Opening for 24-STR-06 Concrete Road Maintenance 32 Board Member Potasnik opened the bids, and Board Member Potasnik read them aloud: 33 Contractor Bid Alternate Bid 34 Morphy Construction $707,000.00 $81,000.00 35 36 37 38 39 40 41 42 TABLED ITEMS 43 Request for Restricted Parking Spaces; Tre on Main-41 N. Rangeline Road; TABLED ON 05-01-24; 44 REMAINS TABLED 45 46 Petition for Alley/Street Vacation; Carmel Library Property; TABLED ON 09-04-24 REMAINS 47 TABLED; Brad Pease, Director of Engineering, briefly speaks; we are recommending that this be 48 tabled until the next BPW meeting. The Engineering firm has given a negative recommendation and 49 the petitioner is not here so we want to provide them with the opportunity to be present. 50 51 CONTRACTS 52 53 Request for Purchase of Goods and Services; Jack Laurie Group; ($78,540.00); Refinish of Floors at 54 Three Fire Stations; Lucas Ray, Carmel Fire Department briefly speaks, we will be redoing the floors 55 at the following Stations 341, 342, and 346. Board Member Potasnik moved to approve. Board 56 Member Barlow seconded. Request approved 3-0. 57 58 Request for Purchase of Goods and Services; Axon Enterprise, Inc; ($90,940.33); Axon Equipment; 59 Additional Services Amendment; Chief Drake Sterling, Carmel Police Department briefly speaks, this 60 contract is an amendment to our original contract. Axon furnishes our body cams and in-car cameras, 61 which will now include our drone first responders program. Board Member Barlow moved to approve. 62 Board Member Potasnik seconded. Request approved 3-0. 63 64 Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($1,763,000.00); 21-65 SW-03-Orchard Drainage Improvements; Board Member Potasnik moved to approve. Board Member 66 Campbell seconded. Request approved 3-0. 67 68 Request for Purchase of Goods and Services; Howard Companies; ($100,750.55); 23-STR-01; CO #1; 69 Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. 70 71 Request for Purchase of Goods and Services; Howard Companies; ($555,957.78); 23-STR-01 Paving; 72 CO #6; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 73 approved 3-0. 74 75 Request for Purchase of Goods and Services; Engledow, Inc.; ($60,000.00); Installing Decorations; 76 Additional Services Amendment; Board Member Barlow moved to approve. Board Member Potasnik 77 seconded. Request approved 3-0. 78 79 Request for Purchase of Goods and Services; Howard Asphalt, LLC d/b/a Howard Companies; 80 ($94,288.76); 24-STR-05 Crack Seal; Board Member Barlow moved to approve. Board Member 81 Potasnik seconded. Request approved 3-0. 82 83 Request for Purchase of Goods and Services; National Pavement Maintenance LLC; ($92,140.00); 84 Liquid Road Project; Board Member Potasnik moved to approve. Board Member Barlow seconded. 85 Request approved 3-0 86 REQUEST TO USE CITY STREETS/PROPERTY 87 88 Request to Use Civic Square Fountain Area; Civil Wedding Ceremony; September 6, 2025; 1:00 PM 89 to 4:00 PM; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 90 approved 3-0. 91 92 Request to Use/Close City Streets; Annual Neighborhood Street Party; September 21, 2024; 5:00 PM 93 to 10:00 PM; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 94 approved 3-0. 95 96 Request to Use/Close City Streets; Carmel Porchfest; September 21, 2025; 8:00 AM to 7:00 PM; 97 Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. 98 99 OTHER 100 Request for Water Line Easement Agreement; Fehsenfeld Land Holdings, LLC; 11335 N. Michigan 101 Road, Carmel, IN; Board Member Barlow moved to approve. Board Member Potasnik seconded. 102 Request approved 3-0. 103 104 Request for Water Line Easement Agreement; Michigan Road MutliFamily Partners, LLC; N. 105 Michigan Road, Carmel, IN; Board Member Potasnik moved to approve. Board Member Barlow 106 seconded. Request approved 3-0. 107 108 Request for Right of Way Dedication; 11297 Pennsylvania Street; Board Member Barlow moved to 109 approve. Board Member Potasnik seconded. Request approved 3-0. 110 111 Request for Grant of Perpetual Stormwater Quality Management Easement; Cherry Tree Elementary 112 Softball Field; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 113 approved 3-0. 114 115 Request for Consent to Encroach; 13980 Brookstone Drive; Board Member Barlow moved to approve. 116 Board Member Potasnik seconded. Request approved 3-0. 117 118 Uniform Conflict of Interest Disclosure Statement; Board Member Barlow moved to approve. Board 119 Member Potasnik seconded. Acknowledgment approved 3-0. 120 121 Resolution BPW 09-18-24-01; A Resolution of the Board of Public Works and Safety of the City of Carmel, 122 Indiana, Approving the Transfer and Presentation of Pistol and Badge to Detective William Eugene 123 Haymaker; 33 years of Meritorious Service; Board Member Barlow moved to approve. Board Member 124 Potasnik seconded. Resolution approved 3-0. 125 126 127 128 ADD-ONS 129 Board Member Barlow moved to add two add-on items to the agenda. Board Member Potasnik 130 seconded. Add-Ons approved 3-0. 131 132 Request for Consent to Encroach; 600 S Rangeline Road; Brad Pease, Director of Engineering, 133 briefly speaks; these are encroachment agreements for the Monon Square Redevelopment Project. The 134 encroachments into our right of way are necessary to move forward with the mixed development on the 135 site, specifically to confirm financing for the project and move to the next stage of development. Both 136 encroachments are minor and will not affect the use of the city’s right of way. Board Member Potasnik 137 moved to approve. Board Member Barlow seconded. Request approved 3-0. 138 139 Request for Consent to Encroach; 620 S Rangeline Road; Brad Pease, Director of Engineering, 140 briefly discusses the encroachment agreement for the Monon Square Redevelopment Project. The 141 encroachments into our right of way are necessary to move forward with the mixed development on the 142 site, specifically to confirm financing for the project and move to the next stage of development. Both 143 encroachments are minor and will not affect the use of the city’s right of way. Board Member Potasnik 144 moved to approve. Board Member Barlow seconded. Request approved 3-0. 145 146 ADJOURNMENT 147 148 Chairwoman Campbell adjourned the meeting at 10:16 AM. 149 150 151 152 APPROVED: ____________________________________ 153 Jacob Quinn – City Clerk 154 155 156 _____________________________________ 157 Laura Campbell, Chair 158 159 160 ATTEST: 161 __________________________________ 162 Jacob Quinn – City Clerk 163 164 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 CzTfshfzHsfdivlijobu4;47qn-Tfq36-3135 Certified Minority andWomen Owned Business Enterprise PKSConstruction Inc. 450South RitterAve, Suite A Indianapolis, IN46219 p) 317-354-1070 f) 317-354-1237 cell) 317-294-8909 August 21, 2024 City ofCarmel ATTN: Clayton Bell Carmel, IN46032 rdRe: Carmel City Hall 3 FloorOffice & Conference RoomDoorReplacement Clayton, We arepleased toprovide thebelowquote forreplacing theDoors intheMayors Suite rdonthe3Floor ofCarmel CityHallperthebelow scope ofwork. Scopeofwork: 1. Create (1) new6-0x7-6dooropening withframing, newdoorframe, andwood trim. 2. Provide andinstall (12) 3-0x7-6stileand railwood doorswithfull clear tempered glass lites andassociated hardware. 3. Provide andinstall (9) 3-0x7-6flush wood doorsandassociated hardware. 4. (6) Door closers with hold-open function. 5. Hardware tobeflatblack finish. 6. Wooddoors tobefactory primed andwillbesprayed with (2) coatsofSW7069 IronOreoff-site. Includes packing and trucking tothesite. 7. Includes removal ofexisting doors. 8. Includes prepforelectronic doorhardware at (3) locations; electronic hardware andintegration byothers. 9. Work tobecompleted during normal hours. Exclusions: changing swing direction, wood trimreplacement, alarm integration, electrified hardware, electrical, data, allowances, permits, orbond. Base Bid: Seventy-Nine Thousand Eight Hundred Ninety-Seven Dollars $79,897 Sincerely David Kojetin DavidKojetin Project Manager Page1of1 8/21/2024 P K S CONSTRUCTION INC INDIANAPOLIS, IN 46219 - 112556 450 S RITTER AVE SUITE 1A 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 Phase 1 of office door replacement for the third floor of City Hall General Administration 1 Civic Square Carmel, IN 46032- 366289 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 90899 1205Department:101Fund:General Fund 44-620.00Account: Building Repairs andMaint1 $79,897.00 $79,897.00Each 79,897.00SubTotal 79,897.00 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/PVOUCHER 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. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 112556 ORDERED BY TITLE Dept of Administration 1 Civic Square Carmel, IN 46032- Dianne Walthall Zac Jackson Deputy Director CFO IU Health Inc. – Amendment Letter Template – 09.25.2023 Page 1 of 2 AMENDMENT OF AGREEMENT This document serves as an amendment (“Amendment”) of the Affiliation Agreement (original commencement date of July 1, 2023, and original termination date of June 30, 2024) (the “Affiliation Agreement”) between Indiana University Health, Inc. and City of Carmel, an Indiana municipal corporation, by and through its Board of Public Works and Safety (city). (“School”). The Parties desire to amend the Affiliation Agreement to update certain responsibilities as set forth herein. 1. Definitions. Capitalized terms used in this Amendment but not defined in this Amendment will have the meanings assigned to them in the Affiliation Agreement. 2. Section III School Responsibilities - Section (III)(E) of the Affiliation Agreement is deleted and replaced with the following: “Before faculty/students begin a rotation, inform faculty/students about pertinent OSHA regulations (for example Bloodborne pathogens, personal protective equipment, infection prevention, etc.) and HIPAA regulations.” 3. Section III School Responsibilities – Section (III)(H)(3) of the Affiliation Agreement is deleted and replaced with the following: “Receive the following vaccinations: measles, mumps, rubella, varicella, and Hepatitis B (or Hepatitis B vaccination declination form on file) or shows appropriate antibody titer. IU Health strongly recommends students obtain the TDAP vaccination. Annual influenza vaccination is also required unless an exception is granted based on medical or religious grounds. An exception to the influenza vaccination granted by School must be submitted if requested by IU Health in advance of the first day of the Student’s rotation at an IU Health Facility.” 4. No Other Modifications. Except as otherwise set forth in this Amendment, all other provisions of the Affiliation Agreement shall remain unchanged. 5. Effective Amendment. The changes described herein shall commence on September 1, 2024. The Parties agree that this Amendment has been duly prepared and executed in accordance with the terms of the Affiliation Agreement and will be considered part of the Affiliation Agreement once signed by all Parties. CITY OF CARMEL, INDIANA INDIANA UNIVERSITY HEALTH, INC. by and through its Board of Public Works and Safety By: By: Laura Campbell, Presiding Officer Authorized Signature Date: Printed Name James Barlow, Member Date: Title Alan Potasnik, Member FID/TIN: Date: ATTEST: Date: Jacob Quinn, Clerk Date: Flock Group, Inc. Police Department - 2024 Appropriation #1115 43-556.00; PO #112676 Contract Not To Exceed $171,233.90 CzTfshfzHsfdivlijobu3;5:qn-Tfq31-3135 CzBmmjtpoMzodi.NdHsbuibu2;27qn-Tfq35-3135 Page 1 TRUE DATE PROPOSAL9/23/2024 SELECT BRANCH:IndyNorth sameSERVICEADDRESS BRANCH ADDRESSBILLINGADDRESSPROPERTYCONTACTINFORMATION Full Name:Carmel Street Dept.Crystal EdmondsonMAINSCAPE, INC. Address:3400 W131stSt 13418Britton ParkRd City, State:Carmel Indiana(317)733-2001 Fishers,IN46038 ZIP:46074cedmondson@carmel.in.gov Phone: Email Address:www.mainscape.com COMMUNITY & WORK PERFORMED BYWORKORDER #PROPOSED BYPROPERTYNAME ChristkindlmarktBen Robles SERVICE CODE ANDDESCRIPTION 1522-ENHANCEMENTS SPECIFICS, DESCRIPTION, & INSTRUCTIONS UNIT PRICEUOMSIZEQTY.TOTAL 75JanitorialservicesforChristkindlmarkt.Thisincludes seperating trashforrecycling purposes,remove recyclabes from bags prior tobeing 1299$ 97,425.00 disposed indumpster.Walkthrough oftheTarking garageandprivaterentals.$ - Fabian startingearlyintheMarket Season through mid-October andassisting during market teardown.$ 75.00150$ 11,250.00 Notes: TOTAL:$ 97,425.00 Conditions: Theabovepriceisgoodfor30daysfromdateofproposal. Anyadditionaltripstothesitecausedbythecustomerforreasonsuncontrolled byMainscape, Inc. willresultina $65.00 ‘tripcharge’ perevent. Nowarranty ontransplantedmaterial. Allmaterialisguaranteedtobeasspecified. Transplanted plantmaterialisnotcoveredunderwarranty. Allworkistobecompletedinaworkmanlike manneraccordingtostandardpractices. All agreementsarecontingentuponstrikes, accidents, orotherdelaysbeyondourcontrol. Thepurchaseristocarryfire, tornado, andothernecessaryinsurance. Mainscape, Inc. isinsuredforworkman'scompensation, generalliability, andautomobileliability. Certificatesofinsuranceareavailableuponrequest. Terms: Netdueuponreceipt, subjecttoa2% permonthlatechargeonpastdueaccountswithcostsincurredincollectionofthiscontract, includingreasonableattorney'sfees, tobepaidbythepurchaser. AcceptanceofProposal: Theaboveprices, specifications, methodofpayment, conditionsandtermsofpaymentaresatisfactoryandherebyaccepted. Mainscape, Inc. isauthorizedtodotheworkasspecified. Mainscapeor Purchaser maycancelthiscontractatanytimeupongivinga30-daynoticeoruponcustomerdefaultofpaymentterms. Plantwarranty: TreesprovidedandinstalledbyMainscape, Inc. shallbewarrantiedforaperiodofone (1) yearfromdateofinstallation. Shrubsandgroundcovers providedandinstalledbyMainscape, Inc. shallbewarrantiedfora periodofsix (6) monthsfrominstallation. SodprovidedandinstalledbyMainscape, Inc. shallbewarrantiedforaperiodofthirty (30) daysfrominstallation. AnnualflowersprovidedandinstalledbyMainscape, Inc. shallbe warrantiedforthirty (30) daysfromthedateofinstallation. Transplantedplantsarenotcoveredunderthiswarranty. Allwarrantiesarecontingentonplantsreceivingpropermaintenance.Plantsthataredamagedordieduetoactsof Godarenotcoveredunderthiswarranty. Plantsthataredamagedordieduetodiseasesandinsectsforwhichthereisnoknowncurearenotcoveredunderthiswarranty. Mainscape’stermsandconditionsareincorporatedherein, andsupersedeanyprovisionshereinthatareinconsistent withthosetermsandconditions. www.mainscape.com/termsandconditions Purchaser’sSignature Contractor’sSignature BenRobles opsmanager 8/14/2024 Name Title Date Name Title Date Page1of1INDIANARETAILTAXEXEMPT CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT112664 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 9/20/202400351837 MAINSCAPE LANDSCAPING StreetDepartment VENDORSHIP13418BRITTONPARKROAD 3400 W. 131stStreet TO Carmel, IN 46074- FISHERS,, IN 46038 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 91680 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachPortering$97,425.00$97,425.00 SubTotal 97,425.00 SendInvoiceTo: Street Department 3400 W. 131stStreet Carmel, IN 46074- 317) 733-2001 PLEASEINVOICEINDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 97,425.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 112664 CONTROLLER RESOLUTION NO. BPW 10-02-24-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to her authority under Indiana law, the City's mayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the "Contract"); and WHEREAS, Mayor Finkam now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk's Office, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1.The foregoing Recitals are incorporated herein by this reference. 2.The receipt of the Contract is hereby acknowledged. 3.The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the publicfor review. SO RESOLVED this ____ day of ________ , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Laura Campbell, Presiding Officer Date: _________________ _ James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Proposal Job# 240927 to240927 Item/Cost CodeDescriptionAmount 240927 City ofCarmel(Gradle Light Poles) 0 - None 12.000Bid Lighting PackageLighting Package North Side22,500.00 12.000Bid Lighting PackageLighting Package South Side22,500.00 10.000Bid MaterialMisc. Supplies North Side1,695.00 10.000Bid MaterialMisc. Supplies South Side1,695.00 32.000Bid DemoDemo / Disposal North Side4,000.00 32.000Bid DemoDemo / Disposal South Side4,000.00 13.000Bid Pole BaseNew PoleBases North Side4,000.00 13.000Bid PoleBaseNew PoleBases South Side4,000.00 15.500Bid LaborLabor North Side5,000.00 15.500Bid LaborLabor South Side5,000.00 22.000Bid BoringBoring North Side5,200.00 22.000Bid BoringBoring South Side5,200.00 23.000Bid ExcavatorExcavator1,750.00 23.000Bid ExcavatorExcavator1,750.00 17.000Bid DiggerTruck/Bucket TruckDigger TruckNorthSide1,750.00 17.000Bid Digger Truck/Bucket TruckDigger Truck South Side1,750.00 25.000Bid Private LocatesPrivate Locates North Side2,400.00 25.000Bid Private LocatesPrivate Locates South Side2,400.00 27.000Bid Vac TrailerVac Trailer / Per Hour Basis425.00 10.000Bid MaterialBackfill Material Allowance (NorthSide)1,850.00 10.000Bid MaterialBackfill Material Allowance (SouthSide)1,850.00 15.500Bid LaborPot Hole / Cut / Repair - Per Hole650.00 Phase Total:101,365.00 Grand Total:101,365.00 Notes: Thisisaproposal fortheCityofCarmel atGradleDrive. Customer requests wepull (10) - existinglightpolebasesandreplace themwith (10) - newlightpolebases. Thenorthsidepoleswillneedtobeshiftedbackfromwheretheyweresocustomer willneedtomarkthelocationstheywant thenewbases. Wewillplantosettheboringmachineuponthewestcorner whereGradlemeetsVeterans Wayandboretothe Report6-1-11-63 09/0/24 1Page 08:16AMomni\\Ty 09/0/24Proposal Continued... Item/Cost CodeDescriptionAmount fareastpole, wewillbestubbing upthisconduit ineachofthe5newbasesonthenorthsideofGradle. Thepower istobe existingnearwheretheboringmachine willbesetup, wewilljustbetakingournewconduittoanexisting quazitewithpower alreadyintheresothatwecanconnectthenewwiretotheexistingfeed. ThesouthsideofGradlewewillbeusingtheexistingfeedthatisinthelandscape whereGradlemeetsVeterans Wayonthe southsideofGradle. Wewillhavetoexposetheexisting conduit/wiringranalongthissidebasetobaseateachbasesothat wecanre-use, itspossible wewillneedtodonewconduitifitsbeendamagedbyothersdoingconcrete. SubmittalshavebeensenttoCarmelforthese10lightpoleswithheadsandwiththeaddedonhangingbasketarm. Assuming thisproposal isaccepted thatpackagewillbeordered. OmniElectricLLCisnotresponsibleforanyuntraceable underground utilities. Customer toprovide finalgrading, landscape repairs infull. Wewould needtoborethiswhilethatsectionofsidewalkisoutthereatthenortheastcornerofVeterans Way / GradleDrive. Customer toprovidewaterforboringmachineandaplacetodumpvactrailer. Newconduittobe1". 09/0/24Report6-1-11-63 omni\\TyPage08:16 AM2of2 9/12/2024 OMNI ELECTRIC LLC TIPTON, IN 46072 - 112638 2697 SOUTH 300 WEST 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 Carmel Police Department Headquarters and Court BOT - Light poles along Gradle General Administration 1 Civic Square Carmel, IN 46032- 375598 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 91473 1205Department:0Fund:2021 CPD Bond 44-628.71Account: Carmel Police Department Headquarters and Court BOT - Light poles along Gradle 1 $101,365.00 $101,365.00Each 101,365.00SubTotal 101,365.00 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. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 112638 ORDERED BY TITLE Dept of Administration 1 Civic Square Carmel, IN 46032- Ann Bingman Zac Jackson Deputy CFO/Controller CFO 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 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: Include addresses as appropriate Date form submitted: 9-10-24 Department Recommendations: MAC: Yes, 9-23-24 STREETS: Yes, 9-23-24ENG: Yes, 9-24-24 CPD: Yes, 9-20-24PARKS: Yes, 9-23-24 CFD: Yes, 9-20-24 UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Cones * Crowd-Control Gates* Standard Cones* 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: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other See attached document 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 Crowd-Control Gates needed 10 Please note the number of Standard Cones needed 10 Closure of Carter Green loop Name/Streets to be closed Event Use/Purpose: Description of Event: Event Date Start *Event Date End* If multiple dates, please list Set-Up time* Tear Down End time * Event Start time:* Event End time:* Rehearsal 5. EVENT DETAILS: Carmel Farmers Market - Summer 2025 Provide a brief description of event Carmel Farmers Market - Summer 2025 Attach additional pages if needed-SEE BELOW Request for Use Summer 2025 (002).docx 151.48KB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/3/2025 9/27/2025 Every Saturday from May 3, 2025 - September 27, 2025 6:00:00 AM 2:00:00 PM 8:00:00 AM 12:00:00 PM NA Number of People Expected:* Fees? Vendors Vendors Present* Contact Person Email Phone Number: Cell Number: 9,000 Will a Fee be charged for this event? If yes, please describe below. YES NO 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. 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: Mark all that apply 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? 80 6. CONTACT INFORMATION: Lisa McLaughlin 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. Carmel Farmers Market Inc City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address Address Line 2 2 Carter Green Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: September 09, 2024 Request to Use City Property 2025 Farmers Market The Board of Directors of the Carmel Farmers Market, an Indiana non-profit corporation, respectfully requests from the Carmel Board of Public Works and Safety the following: Exclusive use, for the purpose of conducting the Carmel Farmers Market, on Carter Green, the adjacent drives, and the adjacent sidewalks, along with non-exclusive use of the James Building and Veterans Way parking structures, along with the lobby and restroom facilities in the James Building, from 6 AM until 1:30 PM each Saturday from May 03, 2025, through September 27, 2025. In addition, the Carmel Farmer Market requests to use and to have control of the following spaces: •A 20' x 20' area on the south lawn of the Veterans Memorial, adjacent to thecenter walkway and the east sidewalk, to be designated as a Public ExpressionSpace. •The parking spaces on the east side of 3rd Avenue SW, north of the exit drivefrom the James Building Parking Garage to the south edge of the exit for CarterGreen Drive. This is for the purpose of temporarily designating these parkingspaces, as the need arises; as handicapped, parcel unloading and loading, or vendor and short-term parking for the Farmers Market or vendor spaces.However, if there is a Saturday morning event in the Tarkington for which extraspecialized parking is needed by the Center, Carmel Farmers Market willcoordinate with the Center for the Performing Arts regarding the use of only theparking spaces on the east side of 3rd Ave SW running south from the entrance to Carter Green Drive to the exit from the James Building Parking Garage. Submitted for the Board of the Carmel Farmers Market by Lisa McLaughlin, Carmel Farmers Market, Inc., 2 Carter Green, Carmel, IN 46032. 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. Carmel Farmers Market Name of Organization/Applicant Signature of Authorized Agent/Applicant Lisa McLaughlin, President Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 9/10/2024 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 ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, 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. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. 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    STREETS: Yes, 9-23-24CPD: Yes, 9-20-24 Date form submitted: 9-12-24 Department Recommendations: MAC: Yes, 9-23-24 ENG: Yes, 9-24-24 PARKS: Yes, 9-23-24 CFD: Yes, 9-20-24 *See note below RE: 60 day deadline. Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 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 City Services Needed Event Use/Purpose:* Description of Event:* Event Date Start* Per the City of Carmel Special Event/Facility Use Policy, requests must be received at least 60 days prior to the event. Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:* Event End time:* Rehearsal 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 Ball State Athletics Football Watch Party Provide a brief description of event Ball State Athletics would like to host a Football Watch Party at Midtown Plaza to connect alumni, fans, and the community together with the athletics department to support the Ball State Football team against Vanderbilt. The department would like to reserve the Midtown Plaza space and television to watch the football game on the big screen. Ball State Athletics would like to bring staff members, mascot Charlie Cardinal, the Code Red Dance team, and a pop up tent to hand out items to support Ball State while people watch the game. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/19/2024 10/19/2024 5:00:00 PM 11:00:00 PM 7:00:00 PM 11:00:00 PM NA Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? Vendors Contact Person* Email * Phone Number:* Cell Number: Rehearsal Start Time:Rehearsal End Time: 300 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 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: Mick Tidrow 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. Ball State Athletics City Muncie State / Province / Region IN Postal / Zip Code 47306 Country 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: DISCLAIMER: From: Tidrow, Mick <mrtidrow@bsu.edu> Sent: Wednesday, September 25, 2024 7:56 AM To: Much, Shela <smuch@carmel.in.gov> Subject: Re: Ball State watch party at Midtown Good morning Shela, Thanks for reaching out on this! Reason for submission within the 60-day window: With turnover taking place within the Ball State Athletics department, and the Director of Marketing set to be put on leave due to health reasons, there was not a point person for events such as the proposed Ball State Athletics/Alumni Association Watch Party at Midtown Plaza - limiting the ability to submit before the 60-day window. The department worked together to see if there was a collective effort that could be had to strengthen the relationship of Ball State Athletics and the Indianapolis area, including the City of Carmel. Once the group effort was complete, the department was notified the submission would be within the 60-day window. Ball State Athletics/Alumni Association would love the opportunity to work with the City of Carmel to create a positive environment and exciting evening of supporting the Ball State Football team as they take on Vanderbilt. Thank you for your understanding, consideration, and efforts. Warm Regards, Mick Tidrow | Ball State Athletics Voice of the Cardinals Director of Broadcasting & Digital Brand Strategy 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. Mick Tidrow - Ball State Athletics Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 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 ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, 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. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. 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    Monon Trail Date form submitted: 9-12-24 Department Recommendations:MAC: Yes, 9-23-24 STREETS: Yes, 9-23-24ENG: Yes, 9-24-24 CPD: Yes, 9-20-24 PARKS: Yes, 9-23-24 CFD: Yes, 9-20-24 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 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 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 End time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: 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 A portion of the Monon (near Carter Green) will be utilized as part of the gathering area and procession for the Sankt Martinstag event. Provide a brief description of event The Carmel Christkindlmarkt’s Sankt Martinstag celebration serves as a reminder to live life with kindness and virtue. In this traditional German evening festival, families and children carry colorful paper lanterns on a stick and sing songs as Sankt Martin leads the procession on horseback around the market (see attachment for gathering location along the Monon and a portion of the procession along the Monon. Participants will have the opportunity to make lanterns in the Kinderecke from 4-7pm before the event. The Liederkranz Men's Choir, the Indianapolis Liederkranz Damenchor will sing German Lantern songs specifically for this event on the main stage. Rehearsal Date is TBD! I can contact whomever once it is locked in. Attach additional pages if needed-SEE BELOW Saint Martin's Day Map (1).png 2.97MB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 11/30/2024 11/30/2024 6:00:00 PM 9:00:00 PM 7:00:00 PM 8:00:00 PM NA 11/4/2024 Rehearsal Start: AM/PM* Rehearsal End: AM/PM* Number of People Expected:* Fees? Vendors Contact Person* Email * 4:00:00 PM Rehearsal Start Time:PM 6:00:00 PM Rehearsal End Time:PM 8 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 Stanchions and signage (A frames) Christin Kelly-Hooks @ Carmel Christkindlmarkt Name of Merchants(s) doing the setup 3175728046 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: Christin Kelly-Hooks christin@carmelchristkindlmarkt.com 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. 3175728046 Carmel Christkindlmarkt City Carmel State / Province / Region IN Postal / Zip Code 46032 Country Street Address 10 Carter Green 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. Carmel Christkindlmarkt Inc. Name of Organization/Applicant Signature of Authorized Agent/Applicant Christin Kelly-Hooks Special Events Manager Printed Name and Title (If applicable) 3175728046 Phone Number (Required) 10 Carter Green Carmel, IN 46032 Address of Organization/Applicant 9/12/2024 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 ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ For Grantee’s Internal Use: Work Order #: 50872888 1 Prepared by: Duke Energy Indiana, LLC Return to: Duke Energy Indiana, LLC Attn: Megan Johnson 1000 East Main Street Parcel # 29-14-06-104-012.000-018 Mail Code: WP989 Plainfield, IN 46168 EASEMENT State of Indiana County of Hamilton THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from THE CITY OF CARMEL (“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 6, Township 17 North, Range 4 East, Clay Township, Hamilton County, State of Indiana, being a part of Lot 33, Woodland Golf Club Subdivision, as recorded in Deed Book 136, Page 545, and also as Instrument Number 2024032155, in the Office of the Recorder of Hamilton County, Indiana (“Property”). For Grantee’s Internal Use: Work Order #: 50872888 2 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: Said 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.[Intentionally omitted.] 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.Notwithstanding anything to the contrary above, the general location of the Facilities is shown on the sketch attached hereto as Exhibit A and incorporated herein by reference. The final and definitive location of the Easement Area shall become established by and upon the final installation and erection of the Facilities by Grantee in substantial compliance with Exhibit A. 9.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. For Grantee’s Internal Use: Work Order #: 50872888 3 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. For Grantee’s Internal Use: Work Order #: 50872888 4 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this ____ day of ___________________, 2024. THE CITY OF CARMEL This certificate relates to an acknowledgment in connection with which, no oath or affirmation 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 ______________________________, as ____________________ of the CITY OF CARMEL, on behalf of the City. WITNESS my hand and official seal dated ____________ _______, 2024. 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. Jonathon Rollyson STATE OF INDIANA )) SS: COUNTY OF HAMILTON ) By and through its Board of PUblic Works and Safety By: Laura Campbell, Presiding Officer By: By: James Barlow, Member Date: Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: P/L P/ L P/L P/ L BL'* E 116TH ST AA A W A Y PO I N T E P K Y '5 &K 'ATE EXHIBIT 0AP O) LO&ATION EXHIBIT 0AP )O5 THIS IS NOT A S859EY LO&ATIONS SHOWN A5E APP5OXI0ATE THE A&T8AL &ENTE5LINELO&A TION O) THE 8TILITY LINE IS THE &ENTE5LINE O) THE EASE0ENT 6j EXHIBIT 'A' WO #50872888 HA0ILTON &O8NTY IN'IANA SITE NA0E &LAY TOWNSHIP SE&TION 6 TOWNSHIP 17N 5AN*E 4E KA 9/4/2024 INITIALS EASE0ENT 1921 E 116TH ST &A50EL IN 4602 THE &ITY O) &A50EL NOTE P5OPE5TY LINE AS SHOWN WE5E PLOTTE' )5O0 INST580ENT #202402155 AN' SITE I0P5O9E0ENTS )5O0 *IS 'ATA THE &ITY O) &A50ELINST580ENT #202402155 PA5&EL #291406104012000018 SELLO)) A5EA O) A160' X 265' WI'EEASE0ENT POINT 0110EXHIBIT B 5I*HT O)WAY PA5&EL PLAT202402155 WOO'LAN' *OL) &L8B S8B'I9ISION PA5&EL #291406104012000018 LOT 'EED BOOK 16 PAGE 545 160' 2 6 5 ' September 25, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION – Monon Square Associates JV, LLC Dear Board Members: The property owners of the above referenced address have requested the Board approve a Dedication of Public Right of Way. On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of Way. I recommend the Board accept and sign this document. Sincerely, Brad Pease, P.E. City Engineer ATTACHMENT: DEDICATION DOCUMENTS 1 DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY A portion of Tax Parcel No. 16-09-25-00-00-014.001 THIS INDENTURE WITNESSETH: That Monon Square Associates JV, LLC, an Indiana limited liability company (the "Grantor"), the fee simple owner of the real property depicted and described on the attached Exhibits A & B (“Property”) incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor’s rights, title, and interest in the Property, to the City of Carmel, Indiana, an Indiana municipal corporation (“Grantee”), subject to all existing easements, rights-of-way and other matters of record, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor represents and warrants that the undersigned is an authorized representative of the Grantor; that Grantor is a limited liability company validly existing in the State of its origin and where required, in the State where the subject real estate is situated; that Grantor is the fee simple owner of the Property; that Grantor has full capacity to convey the Property; that it has full authority to execute and deliver this instrument on behalf of Grantor and that said authority has not been revoked; that Grantor is therefore, fully authorized and empowered to convey the Property to the City of Carmel, Indiana, and that on the date of execution of this Dedication and Deed of Public Rights-of-Way, Grantor had full authority to so act; and that all necessary action for the making of this conveyance has been duly taken. The Grantor assumes and agrees to pay real estate taxes and assessments on the Property for 2023, payable 2024, and all prior years. This obligation shall survive the conveyance of the Property and shall be enforceable by the Grantee in the event of any non-payment. [Signature page to follow] 4854-3676-5417.2 3 City of Carmel BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal corporation ("City"), its Dedication and Deed of Public Rights-of-Way of certain real property ("Property") to the City for the purpose of establishing City rights-of-way; WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary and in the City's best interests; and NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication and Deed, and orders that the Dedication and Deed of Public Rights-of-Way described herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 4 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared LAURA CAMPBELL, JAMES BARLOW 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 Dedication and Deed of Public Rights-of-Way on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20 . NOTARY PUBLIC My Commission No./Expiration: Printed Name My County of Residence: DA T E : DW G S C A L E : DR A W N B Y : CH E C K E D B Y : AP P R O V E D B Y : PR O J E C T N O : EX H I B I T : RI G H T - O F - W A Y D E D I C A T I O N 31 7 - 1 6 8 1" = 8 0 ' MA R C H 2 8 , 2 0 2 4 CJ V T J T A B S 1 O F 2 ST U D I O M AR C H I T E C T U R E & P L A N N I N G , L L C MO N O N S Q U A R E M I X E D U S E RA N G E L I N E R O A D C A R M E L I N D I A N A Ci v i l & E n v i r o n m e n t a l Co n s u l t a n t s , I n c . ww w . c e c i n c . c o m 53 0 E . O h i o S t r e e t Ph : 3 1 7 . 6 5 5 . 7 7 7 7 In d i a n a p o l i s , I N 4 6 2 0 4 Su i t e G NO R T H Ex h i b i t A 40 ' W I D E R I G H T - O F - W A Y D E D I C A T I O N D E S C R I P T I O N DA T E : DW G S C A L E : DR A W N B Y : CH E C K E D B Y : AP P R O V E D B Y : PR O J E C T N O : EX H I B I T : RI G H T - O F - W A Y D E D I C A T I O N 31 7 - 1 6 8 MA R C H 2 8 , 2 0 2 4 CJ V T J T A B S 2 O F 2 ST U D I O M AR C H I T E C T U R E & P L A N N I N G , L L C MO N O N S Q U A R E M I X E D U S E RA N G E L I N E R O A D C A R M E L I N D I A N A Ci v i l & E n v i r o n m e n t a l Co n s u l t a n t s , I n c . ww w . c e c i n c . c o m 53 0 E . O h i o S t r e e t Ph : 3 1 7 . 6 5 5 . 7 7 7 7 In d i a n a p o l i s , I N 4 6 2 0 4 Su i t e G Ex h i b i t B 9/26/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach - 600 S Range Line Rd (above-grade) Dear Board Members: A Consent to Encroach document signed by Carmel Midtown Community Development Corporation, owner of the property with the common address 600 S Range Line Rd, is submitted to the Board for signatures. This will provide approval for above-grade encroachment to install certain doors that swing outward, balconies, cornice, and canopy. The Department of Engineering has reviewed and approved the encroachment document. Upon approval and signature by the Board Members the document will be recorded with the Hamilton County Recorder’s Office. Sincerely, Bradley Pease, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT l l Petitioners enter into a Consent-to-Encroach Agreement with the City and record the Agreement. (we will record the agreement for you). Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the improvement that, in the opinion of the City, represents a Detriment as defined in City Code. 9/26/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance - 600 S Range Line Rd (above-grade) Dear Board Members: Carmel Midtown Community Development Corporation, owner of the property with the common address 600 S Range Line Rd, has requested a variance from the Carmel City Code Section 6-227(a)(4) for above-grade installment of certain doors that swing outward, balconies, cornice, and canopy. It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. l Respectfully, Bradley Pease, PE City Engineer 9/26/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach - 620 S Range Line Rd (above-grade) Dear Board Members: A Consent to Encroach document signed by Monon Square Associates JV, LLC, owner of the property with the common address 620 S Range Line Rd, is submitted to the Board for signatures. This will provide approval for above- grade encroachment to install certain doors that swing outward, balconies, cornice, turret, and canopy. The Department of Engineering has reviewed and approved the encroachment document. Upon approval and signature by the Board Members the document will be recorded with the Hamilton County Recorder’s Office. Sincerely, Bradley Pease, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT l l Petitioners enter into a Consent-to-Encroach Agreement with the City and record the Agreement. (we will record the agreement for you). Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the improvement that, in the opinion of the City, represents a Detriment as defined in City Code. 9/26/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance - 620 S Range Line Rd (above-grade) Dear Board Members: Monon Square Associates JV, LLC, owner of the property with the common address 600 S Range Line Rd, has requested a variance from the Carmel City Code Section 6-227(a)(4) for above-grade installment of certain doors that swing outward, balconies, cornice, turret, and canopy. It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. l Respectfully, BBradleyyPease, PE City Engineer CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Monon Square Associates JV, LLC, 620 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 and Safety 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 certain doors that swing outward, balconies, cornice, turret, and canopy on the Real Estate (the "Encroachment)" which will encroach into those segments of Veterans Way, the to be named right of way dedicated pursuant to that certain Dedication & Deed of Public Rights-of-Way recorded in the Office of the Hamilton County, Indiana Recorder as Instrument No. 2024025821, and the Monon Trail (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 Encroachments from what is depicted on Exhibit B, and to maintain the Encroachments 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 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] "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Alan Potasnik, Member Jacob Quinn, Clerk Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Date:Date: STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared LAURA CAMPBELL, JAMES BARLOW, 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 Real Estate The Land is described as follows: PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 12 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 50.01 FEET TO THE WESTERN BOUNDARY OF RANGELINE ROAD; THENCE ALONG SAID WESTERN BOUNDARY THE FOLLOWING 7 COURSES: 1) NORTH 00 DEGREES 00 MINUTES 51 SECONDS EAST A DISTANCE OF 419.00 FEET; 2) NORTH 29 DEGREES 47 MINUTES 36 SECONDS WEST A DISTANCE OF 74.01 FEET; 3) NORTH 55 DEGREES 51 MINUTES 08 SECONDS WEST A DISTANCE OF 81.34 FEET TO A NON-TANGENT CURVE; 4) NORTHWESTERLY 102.53 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 494.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 70 DEGREES 02 MINUTES 27 SECONDS WEST AND A LENGTH OF 102.35 FEET TO A REVERSE CURVE; 5) NORTHWESTERLY 102.04 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 219.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 77 DEGREES 26 MINUTES 36 SECONDS WEST AND A LENGTH OF 101.12 FEET; 6) SOUTH 89 DEGREES 12 MINUTES 29 SECONDS WEST A DISTANCE OF 14.59 FEET; 7) NORTH 00 DEGREES 48 MINUTES 47 SECONDS WEST A DISTANCE OF 3.86 FEET TO THE SOUTHERN BOUNDARY OF WALNUT STREET; THENCE SOUTH 89 DEGREES 10 MINUTES 30 SECONDS WEST ALONG SAID SOUTHERN BOUNDARY A DISTANCE OF 20.63 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 53 MINUTES 01 SECOND EAST A DISTANCE OF 321.31 FEET; THENCE SOUTH 59 DEGREES 08 MINUTES 29 SECONDS WEST A DISTANCE OF 75.17 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 59 SECONDS WEST A DISTANCE OF 267.14 FEET TO THE EASTERN BOUNDARY OF THE MONON TRAIL; THENCE NORTH 00 DEGREES 51 MINUTES 30 SECONDS WEST ALONG SAID EASTERN BOUNDARY A DISTANCE OF 359.21 FEET TO THE SOUTHERN BOUNDARY OF WALNUT STREET; THENCE NORTH 89 DEGREES 10 MINUTES 30 SECONDS EAST ALONG SAID SOUTHERN BOUNDARY A DISTANCE OF 332.10 FEET TO THE PLACE OF BEGINNING. CONTAINING 2.710 ACRES, MORE OR LESS. WALNUT STREET M O N O N T R A I L U N N A M E D S T R E E T UNNAMED STREET DATE:DWG SCALE: DRAWN BY:CHECKED BY:APPROVED BY: PROJECT NO: EXHIBIT: NORTHWEST BUILDING ENCROACHMENT EXHIBIT 317-1681"=50'SEPTEMBER 24, 2024 CJV TJT ABS 1 OF 1 STUDIO M MONON SQUARE MIXED USE RANGELINE ROAD CARMEL, INDIANA 46032Civil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G NORTH