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Home My WebLink AboutBMP Easement (NEQ)- Monon NEQ, LLC(46920178.3) 1 Cross Reference to Deed: 2024041616 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between Monon NEQ, LLC, a Delaware limited liability company, as to an undivided 49.7% interest, and David A. Stirsman, as Trustee of the Revocable Trust Agreement of David A. Stirsman dated October 6, 1999, as to an undivided 50.3% interest, as tenants in common, (together, the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to develop a mixed use residential and commercial project (the “Project”) and desires to construction and install certain below grade storm water drainage and detention facilities on the Real Estate and, in connection with the construction, development and operation of the Project, the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit “A” in two parts (the “Easement Area”). Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F 2 Section 2. Storm Water Quality System. Located below grade and within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing thirty (30) days advance written notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F 3 Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Notwithstanding anything to the contrary in the proceeding sentence, Grantor and Grantee further agree that Grantor shall be permitted to construct permanent structures and improvements over the Easement Area, including without limitation its buildings, landscaping, curbing, paving, sidewalks, and asphalt. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor to execute and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. Section 11. Notice. Any notice required or permitted to be given by either party to this Agreement shall be in writing, and shall be deemed to have been given when: (a) delivered in person to the other party; or (b) sent by national overnight delivery service, with confirmation of receipt, addressed as follows: to Grantee at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director, and to Owner at 805 City Center Drive, Suite 120, Carmel, Indiana 46032, Attn: John C. Hart, Jr., with a copy to: Dinsmore & Shohl LLP, 211 N. Pennsylvania Street, Suite 1800, Indianapolis, Indiana 46204, Attn: Joe Kremp. Any party may change its notice address by giving written notice of such changed notice address in accordance with this Section. [signatures on the following pages] Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F A - 1 EXHIBIT A Easement Area [see attached] Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F DATE:DWG SCALE: DRAWN BY:CHECKED BY:APPROVED BY: PROJECT NO: EXHIBIT: BMP DRAINAGE EASEMENT 317-1681"=40'OCTOBER 23, 2024 CJV TJT ABS 1 OF 2 STUDIO M ARCHITECTURE & PLANNING, LLC MONON SQUARE MIXED USE RANGELINE ROAD CARMEL INDIANACivil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G NORTH POINT OF COMMENCEMENT RA N G E L I N E R O A D POINT OFBEGINNING BMP DRAINAGE EASEMENT0.430± ACRES. VE T E R A N S W A Y Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F BMP DRAINAGE EASEMENT DESCRIPTION DATE:DWG SCALE: DRAWN BY:CHECKED BY:APPROVED BY: PROJECT NO: EXHIBIT: BMP DRAINAGE EASEMENT 317-168OCTOBER 23, 2024 CJV TJT ABS 2 OF 2 STUDIO M ARCHITECTURE & PLANNING, LLC MONON SQUARE MIXED USE RANGELINE ROAD CARMEL INDIANACivil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G Docusign Envelope ID: 5CC3A52C-8A86-4933-AF1D-4D299923B03F