HomeMy WebLinkAboutGray Rd Improvements/Carmax (2)NT AC10OWLEDGMEN&jW T ???M syez-
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IMl'ROVEMEI'" PA R- A
and between the
GRAY RO O PERF0RM?CE day AND of BOND
2004, by
/?
this
This Agreement is entered Superstore, Inc. «Carmaac„):
d CM-Max Auto August 20, 2002, to
el"), an from
of Carmel, Indiana ("Calm Carmel on or about el, Clay
City o
WHEREAS; Carmax obtained approval Street, Caren
auto superstore at the northwest corner of Gray Road and 96th
construct an of
subsequent to that d:ue for Purpose'
Township, Indiana; and
ennit was issued :
WHEREAS a building P
erstore;and erstore pursuant to
constructing an auto sup the auto sup
Carmax has completed construction of
WHEREAS the
t-of-way needs
approved plans and specifications; and
. ion work in the Gray Road and 96th Street nigh construct uent to the plans being
WHEREAS,
rove mod plan; however, Carmel, subseq
uirethe
Pursuant to the app ave Gray Road that would req
to be concluded modify, widen and rep
fined to redesign, improvement Plans; and
approved, has determ the approved Carmax
removal road rovements required by of Carmax
of certain imp ement eliminating the necessity WHEREAS, the parties desire to enter an asran g that would immediately be removed b?
the approved plans doing rovement project. rein
certain road work required by
Carmel in the Gray Road/96th Street road'imp
FOB in consideration of the mutual covenants contained he,the ar
NOW,T?
follows: 664.00 as savings for road right-,
agree as el the sum of $ 27,
Caren
I . Carmax shall pay of the Gray Road a
improvements realized by Carmax as the result of Carmel, s modification
street project.
Once the payment is made by Carmax, Carmel agrees to use the funds as a portion
of the Gray Road/96th Street improvements.
3. The performance bond provided by Carmax shall continue in force and full effect
until the payment is made pursuant to this Agreement at which time the performance and payments
bonds shall be released and the maintenance bond shall become effective.
CITY OF CARMEL
By:
's
Authorized Representative
CARMAX AUTO SUPERSTORE, INC.
By. I ! 9k-
Authorized Representative
MAEWCARMAX 14540\GRAY ROAD IMPROVEMENT PAYMENT."d
2
4XIC
Approved and adopted this U day of *"---2004.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
August 18, 2004
E. U.av Ca11V
JANEe K. Wro-r:1.ER•
T. JAY 0;R IN Mike McBride, City Engineer
CPL
D Carmel City,Hall, First Floor
: ; C-•?
-
t.
J.aMFS
TI
. ,
La
C. I
One CiyiaSquare
Carmel, IN 46032
EL17AREIII I. VAN T&MEL
n1Ar„(R\\ L. HmKIF. RE: Carmax Auto Superstore, Inc.
J. KA'1'HRIN JEWINN Our File No. 14540
DANIEL E.(XXrN
Dear Mike:
RYAN H. C: Nww
G\C0.\ E: ?P111/11;E• Enclosed is the original Gray Road Improvement•Payment, Acknowledgment
•C.F.RHFIM w:111A MR of Performance and Bond Release document that has been approved by the City's legal
department and executed by Carmax's authorized representative, Daniel T. Bickett.
OF COUNSEL:
VKE
HF
vRV H
W
Please place this on the Board of Works' agenda and let me know whether it
_
.
.
K is necessary for me to appear on behalf of Carmax at such meeting to obtain execution
of the document. Following that, Carmax will submit the $27,664 pursuant to the
agreement. Thank you.
Very truly yours,
COOTS, I-IENKE & WHEELER, P.C.
E. Davis Coots
EDC/jc
Enclosure
K:\EDCICARMAX.14540\M CBRIDEMC.wpd
255 F.ass Cesme) Urive
Cumcl, Induna 46032.2689
317-8444693
FAX 317-573-5385
W % W.lawyers.comhhwla\v
AOPRDVW AS 4b FORM ®Y.__g_,
ASSIGNMENT,AND AssuMIPTION AGREEMENT
The Board of Public Works and Safety of the City of Carmel; Indiana (the "Assignor" );_
hereby assigns all of its right, title and interest in, and to, that certain Gray Road. Improvement,
Acknowledgement of Perfomrance and Bond Release, dated. Septeiriber 8, 2004, (the.
"Agreement'') between the City of Carmel and Carmai Auto 5upeestore;. Inc.,, to the City of
Carmel Redevelopment Authority ("Assignee") effective as cf the date hereof, and Assignee
hereby assumes, and agrees to perform, all obligation's unde such Agreement from and-.after the
date hereof.
Dated this day of?l h0.4,
BOARD OF PUBLIC WORKS AND'SAFETYOF
Tflt: CTT Y OF CARMOL, INDIANA
i s Brainard, Presiding Officer
A'T'TEST:
CITY OF, CARMEL:REDEVI3LOPMENT
AUTHORI'T'Y
Authorized. Representative
MDs0i:9DD 7laiaivi
loots
Henke.
,NVheeler 0 p?.
October 21;2004
E. oA?? coo??
JAAIFSKV111EEI,ER'
Tj.kE.CUhT
JAnlesD:CROni Diwna.Cordray .
JEFFREY $; '/.mES• Clerk: Treasurer, City of Carmel
'
One Civic. Square, Third, Floor
ELIZ4REtw I: V,?v TASSEL Carmel„ IN 46032-
NIA=EN' L.. MNYLE
J. K„uRYN. JE+ kw RE: Carmax AutoStores
OWEL E: Coaxs Our EileNo. 14540
RY, .N R CA%mAK
Dear Diana:
LAuiu E. Tnm=x' -
•caRilFlEOl.?ocaFnn ••Enclosed is Carmax's check-payable-to the City of Garmehn tlie%mount of
$27,664.00 pursuant 'to the attached Giay Road Improvement Payment,
()F CouuseE: Acknowledgment and Performance and Bond Release executed by the City September
S VENH, NiNKE $„2004. Pursuant-to paragraph 2 of the Agreement; the payment by. Carmax to the
City-is to be,used as'a•portion of the Gray RoadI 96th Street road improvements.
Tfiis also,confirms that pursuant=to paragraph3 of the kgreement,-now that,
Carmax has made this payment;'the peiformance and paymentbonds supplied. by
Carmax are' now released and the maintenance bond shall commence, October 25,
2004, the date ofpaymenf.
Thank you'for your cooperation in this matter.
Very-truly yours,.
COOTS, HENKE.,& wHEELER,P,C.
E. Davis Coots
EDC]jc
Enclosures
cc: Cannel Board,of Public Works & Safety
Anthony Curp
Ned Sparkman
K:IEDOCAAMAX:14544kord rayd; A.wpd
255 Ceet camel orwc
Uimel, lndiina 46032-2689
,317&14-0693 FAX; 911+573-5385
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